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Home My WebLink AboutCity Manager AnnouncementsCITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 — O1HKOIH City of Oshkosh MEMORANDUM DATE: TO: FROM RE: September 3, 2009 Honorable Mayor and Members of the Common Council Mark A. Rohloff, City Manager - �.. --"- Award of Engineering Services Agreement – Washburn Street Resurfacing Project/Strand Associates, Inc. (Strand) The Department of Public Works requested a proposal from Strand for design services related to the pavement resurfacing for Washburn Street from . State Trunk Highway 26 to Ripple Avenue. The Department of Public Works submitted this project to the Wisconsin Department of Transportation (WisDOT) in April as a project for the ARRA Funding (Federal Stimulus Program). The WisDOT has notified the City that Washburn Street has not been approved for funding at this time. However, we are hoping that the WisDOT will be able to provide additional ARRA funding after December 1, 2009. We will be able to reapply for the funding if we complete the construction plans at this time. The proposed construction involves the removal of the existing asphalt pavement, repairs to existing base materials as required, culvert replacements as required, and construction of a new asphalt pavement with gravel shoulders. Strand was selected to complete this resurfacing design based on their previous experience on various projects in Oshkosh and with the WisDOT. The cost of these design services is estimated not to exceed $79,000. Section 12- 10(D)(5) of the Municipal Code provides that professional services of a specialized nature, including engineering services, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with 12 -10(E) of the Code, I am hereby submitting this report regarding this contract award. Funding for these services is available in the Street section of the Capital Improvement Program. Please contact me if you have any questions concerning this contract award. MAR/dcp n t� CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh — OlHKQIH MEMORANDUM DATE: September 3, 2009 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager RE: Amendment of Engineering Services Agreement — Tipler Dry Detention and Conveyance Upgrades Design Contract / Strand Associates, Inc. (Strand) The Department of Public Works has requested additional services be performed in relation to the design of the Tipler Dry Detention Basin and Conveyance Upgrades project. The original contract was set up with the two portions of the project being designed and bid as one package. Through the design phase, it became apparent that the project was best served being bid as two separate projects. This contract amendment incorporates splitting the project into two, and preparing two separate bid packages, as well as preparing some additional materials for City use at Public Informational Meetings. The cost of these additional services is estimated not to exceed $24,400. This amendment would change the contract not to exceed fee from $102,220 to $126,620. Section 12- 10(D)(5) of the Municipal Code provides that professional services of a specialized nature, including engineering services, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with 12 -10(E) of the Code, I am hereby submitting this report regarding this contract award. Funding for these services is available in the Storm Water Utility. Please contact me if you have any questions concerning this contract award. MAR/j er I: \Engineering \09 -13 Tipler Detention Basin \Project_Information \Reports \Memo from Mark R Tipler Contract Amendment #1 09- 03- 09.doc Page 1 of 1 C016 CITY HALL 215 Church Avenue P.O. Box 1130 City Oshkosh, 54903-1130 City of Oshkosh — OlHKOlH MEMORANDUM DATE: September 3, 2009 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager RE: Award of Engineering Services Agreement — Campbell Creek Watershed Model Conversion and 100 -year Flood Plain Mapping Analysis/ Strand Associates, Inc. (Strand) The Department of Public Works requested a proposal from Strand to convert the existing Campbell Creek Watershed Model to a model version which would allow a 100 -year flood plain mapping analysis to be completed. Once the model is converted, a 100 -year flood plain analysis will be Conducted on the Existing Conditions Model, as well as for Alternatives 12 and 13B of the Draft Addendum to the Campbell Creek Storm Water Management Plan. Strand was selected due to their familiarity with the Campbell Creek watershed, and they have all the previous models already constructed. The cost of these services is estimated not to exceed $39,500. Section 12- 10(D)(5) of the Municipal Code provides that professional services of a specialized nature, including engineering services, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with 12 -10(E) of the Code, I am hereby submitting this report regarding this contract award. Funding for these services is available in the Storm Water Utility. Please contact me if you have any questions concerning this contract award. MAR/jer I: \Engineering \Storm Water Information \Campbell Creek Watershed \Strand Storm Water Study \Contract Stuff\Memo from Mark R Campbell Creek Flood Plain Analysis 09- 03- 09.doc Page 1 of I #s I CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 54903-1130 City of Oshkosh — OlHK01H MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: September 3, 2009 RE: Construction of the Oakwood Road Stormwater Detention Basin The Department of Public Works hired Strand Associates to study the Sawyer Creek watershed and recommend improvements to control flooding and pollution. The report recommends multiple improvements within the Sawyer Creek watershed. The Citywide Stormwater Quality Report by Earth Tech (now AECOM) recommended multiple locations to place wet stormwater detention basins to meet the DNR required 40 % reduction of Total Suspended Solids (TSS). The Oakwood Road detention basin is recommended in both reports. The basin will provide up to 9.4 acre -feet of flood water storage and 12.8 tons per year of TSS reduction. The land is currently owned by the City of Oshkosh and is located in the Southwest Industrial Park. This area of the Industrial Park was developed prior to pollution control regulations. While individual parcels have installed flood control basins, the area still experiences flooding during larger rainfall events. The City has received notification the project has qualified for a $150,000 grant toward the construction of the basin. Additionally, the Department of Transportation (DOT) USH 41 projects need large amounts of fill material. The ability to dispose of the excess material from the detention basin construction close to the. excavation site and the fact the DOT is paying contractors to locate fill reduces the costs of the detention basin construction. As seen in the Tipler Stormwater Detention Basin bid the cost savings can be significant; the excavation costs were approximately 75% lower than estimated. Although this project was scheduled for the 2010 CIP, we have sufficient funds available in the CIP fund due to savings from the Tipler detention basin. These cost savings and the grant will allow the City to move the bidding and construction of the Oakwood Road Detention basin forward without increasing the overall 2009 CIP Stormwater budget. Due to the availability of these funds, I have directed staff to proceed with designing and bidding this project. Although it may not be necessary to amend the 2009 Capital Improvement Plan, I wanted Council to be aware that we were proceeding with this project earlier than expected. Should you wish to discuss this project prior to the awarding of bids, please advise me and we may place it on an upcoming agenda. MAR /smg �s PROPOSED URBAN WILDLIFE COMMITTEE I. Committee's Structure A. 7 -9 members 1. Selected by Council (including Council Member) 2. Identify cross section of residents to serve as members 3. In lieu of selecting a chair, hire a facilitator (e.g. UW- Extension) to keep committee on task B. Supported by: 1. City Staff 2. DNR Staff 3. Other experts as needed 4. Costs as authorized by Council C. Directive /Charge 1. Identify best practices for urban wildlife management 2. Evaluate what has been accomplished to date with respect to urban wildlife management 3. Identify and evaluate specific options for wildlife management, (e.g. relocation, contraception, etc.) 4. Identify areas where urban wildlife present specific problems 5. Create specific nuisance abatement plans for different species /areas 6. Annually evaluate nuisance abatement plans and recommend changes II. DNR Recommendation: Form committee as soon as possible so that impacted residents feel confident that progress is being made CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh — OfHKOIH TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorne DATE: September 3, 2009 RE: Draft Special Events Ordinance BACKGROUND The Common Council had previously requested that staff draft an ordinance for its consideration regarding special events which are, or may be, held within the City of Oshkosh. Staff approached this task with the understanding that the Council was interested in developing a process in which the City could better keep track of its expenses attributable to special events, as well as trying to encourage such events by making the process more coordinated and streamlined. While the City has a number of ordinances that apply to certain aspects of special events, those ordinances are somewhat piecemeal and scattered throughout the municipal code. The City does not currently have an ordinance or policy specific to special events which would provide a comprehensive understanding of rules to be followed by the applicant, or a coordinated review process on the part of the City. Special events as currently held may typically involve a number of the city's departments and divisions. For example, if there is a liquor license requested, the City Clerk's office would process that application. If there is food to be served, the Health Services Division would issue licenses and inspect the food service facilities. If the event is held partially or entirely within a city park, the Parks Department is involved in the preparation or monitoring of the event. The Public Works Department may provide barricades or other necessary services. The Transportation Department may provide transit services or be involved with parking or traffic issues. The Police and Fire Departments may also provide support services to events. The administrative departments and divisions, such n 40 Special Events Memo: 9/3/09: Page 2 as Risk Management, Legal and Finance may be involved by processing payments for licenses and permits and reviewing insurance. While this list is not exhaustive, it gives some examples of the types and scope of services that the City provides relative to the various special events occurring within the City. This partial list also provides an example of the efforts required by applicants to go from department to department seeking individual approval for each applicable ordinance. Concerns had been previously raised by the Council and persons and individuals in the community about: (1) the cost of special events and whether those costs for special events should be paid by the event sponsor, or supplemented or paid for by all taxpayers; (2) the diversion of limited city resources to support special events (with or without compensation from the sponsors of those events); (3) providing information to the public about potential upcoming special events and allowing a mechanism for the public to comment about both positive and negative implications of events; (4) setting appropriate objective criteria for the City government and community review of proposed special events; and, (5) providing persons and entities who wish to hold special events within the City with appropriate, accurate and complete information in an easily accessible, understandable, and objective form which will guide them as they plan for the event. ANALYSIS Staff reviewed current city ordinances and the usual practices of applicable departments as they relate to special events currently held in the City. Staff also gathered information and ordinances from other municipalities both within and outside of the State of Wisconsin. The resulting draft is purposefully broad based upon the theory that it is many times easier to respond, whether positively or negatively, to something already on paper than to something that isn't already identified. It is ultimately the task of the Council to pass an acceptable ordinance and, in the process, to narrow the scope, make exceptions and further define issues as it deems necessary. One of the challenges in developing an ordinance for special events was to define a "special event" i.e. when will the ordinance apply? The proposed ordinance broadly defines a special event to include any temporary gathering of persons on public or private property involving either the use of City property or services. The draft ordinance would require anyone holding a "special event" as that term is defined to obtain a permit from the City. Special Events Memo: 9/3/09: Page 3 In keeping with the underlying concern of involving the City only in events requiring City involvement beyond its everyday functions, there is an exception for events wholly contained on public or private property that is specifically designed or suited for the Special Event, which has appropriate access and sanitation and which results in no greater use of public facilities than on normal non -event days. For example, if someone were to rent the Leach Amphitheater for a wedding, this exception would likely apply. Events at the convention center are likely to also fall within this exception. Two other exceptions to the permit requirement were created for funeral processions (which may otherwise fall within the definition by virtue of their use of the public streets for the procession) and for events solely sponsored by the City. The draft ordinance also attempts to create a "one stop shop" for the application procedure in an effort to make it easier for both the applicant and City staff reviewing the implications of the proposed events. The process for obtaining a Special Event Permit under the proposed ordinance requires that an applicant fill out and submit an application form to the office of the City Clerk. A fee is proposed to cover at least some of the administrative costs of reviewing the special events application. The proposed fee is scaled from $50 to $200 based upon whether the event is for a single day or multiple days and whether a liquor license is required for the event. It should be noted that this application fee is for the administrative costs of a unified review, and all other permits and fees (liquor, food service, park rental, etc.) will remain in effect. The form submitted will be reviewed by the Police, Fire, Health Services, Inspection Services, Public Works, Parks, Transportation, Legal and the City Manager. City Departments must review the application, estimate the cost of any extraordinary services that may be required and make a recommendation to the City Manager regarding the issuance of the permit. The City Manager will review the information submitted and make a recommendation to the City Council who have the final determination on whether to issue the permit. The proposed ordinance would also give the Council the ability to waive the permit application fee and any extraordinary costs associated with the event, should the Council so choose. The proposed ordinance contains provisions relating to particular items that should be considered by special events planners such as duration and hours of operation, expected attendance, parking, sanitary facilities, illumination, security, health and safety issues, refuse removal and barricades. The issuance of the Special Event Permit is proposed to be in addition to any other permits, licenses or inspections that would otherwise be required by State Statute or Municipal Code. That is, a person seeking to hold a special event at which food and alcohol are proposed to be served would obtain the special event permit, the temporary food permit and the temporary liquor license to cover the event. Special Events Memo: 9/3/09: Page 4 Of note, there is a separate process proposed in the draft ordinance for Marches and Public Assembly Permits. Marches and Public Assemblies are for the purpose of conducting activities protected by the Constitution and court cases have placed a higher burden upon municipalities seeking to regulate protected activities. We have reviewed the applicable case law in regard to these issues and have proposed a draft that we believe meets the constitutional requirements for dealing with these types of events. In addition to the draft ordinance staff proposes to develop assistance packets for persons wishing to hold special events within the City to provide them with an understandable and convenient guide to the process for obtaining the necessary permits. A copy of the draft of that information is also included with this memorandum. If anyone has any questions or concerns, please feel free to contact our office. DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES I. PURPOSE The City of Oshkosh recognizes that Special Events organized by individuals, private organizations, and non- profits serve an important role in enhancing the city's quality of life and can provide benefits to the community as a whole. In an effort to trea - # Persons and groups uniformly, to facilitate the successful staging.of these special event `d tobe mindful of the efficient use of available facilities and resources, the City will c time and facilities to review applications to hold special events and assist these spoors a , ded to ensure that special events have an overall positive effect upon the commim y and i ources. The City will review Special Event application° for the purpose of ash the event ' � sponsor in complying with various applicable pu fety requirements, as wejTRWinvolvei during the special event as needed to protect the Safe weld � of the public, aresources owned by the public. During the City's review and parking issues, health and safety issues relWq neighboring properties, fire potential, exploc property, preservation of peace and order, sa health. The City will also c®x id er the potenti emergency services from ar and nec public services nece t o proth e public events. in this process ity will address traffic and e participant -" th e public, effects upon "e r and othe_ 7ngers to persons or M 14' u --over dl safeguarding of the public rsion IfIgNic health, safety, and duties, 6d the additional costs of providing safety, and welfare associated with special The recogn «°that "Public Assemblies held for the purpose of conveyin tedtS@ Constitu on play an important role in enhancing the public life of ffl zens as well as i nterr ns hip between citizens and their government. To that end, " will similarl §Wkd ew redq s to hold Marches and Public Assemblies in the context o a s afety and we e of thF community and the availability of resources, but will do so in an exp and abbre ed manner to ensure that those wishing to hold and/or participate in such events _o so witut unreasonable delays or restrictions. H. DEFINITIONS A. "Special event" means a temporary gathering of people on public or private property and involving at least one of the circumstances listed below. The City Manager, or their designee, shall have the exclusive authority to determine whether or not an event meets the definition of "Special Event." DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 1. Exclusive use of all or part of waterways, or City or County -owned facilities, within the City boundaries such as buildings, parks, open spaces, streets, parking lots, athletic fields, etc.; 2. Will involve the closing of a public street, alley, or public right of way; 3. Over 250 people at any one time attending the event on private property, except those situations meeting the definition of a "public assembly;" 4. Temporary installation or construction of structures, inching but not limited to tents; 5. City ordinances and rules require public safety sup&ft b � employees; 6. Will require Extraordinary Services by any 7. Hours of the event extend beyond thos m prwise a *pted in City 8. Will involve amplified sound or will othervdk exceusive noise; or, 9. Alcohol, beverages, food, Examples of Special Events includeut A mited to a ities such as running/jogging /walking events, boat cycl �y ° or dad races and other forms of competition and athlvents, music, r, film nuances or concerts, water ski demonstrations, o�arnivals, eq ment shovX, cultural events such as art fairs, antique show lligious s ces, classes,aeetings, parties, and other gatherings meeting the above cA eri Speci Event is not i ed include events such as a family ° gathering; nonpro f an@ as business.,?6r company picnic; or other similar events unlesshecriteria f r a bo e above criteria will be considered in co c ion the folTOWg section entitled "Permit Required" to determine which will be a d by B. " r operty" inclu all mf°nicipal buildings, parks, beaches, athletic fields and com ,streets anther rights of way, parking lots, boating and docking facilities, and any r propertwned, leased or controlled by the City of Oshkosh. C. "Extraordinary- - vices" means reasonable and necessary services provided by the City above and beygd its normal requirements of providing for public health and safety on a non -event day and that results in a measurable burden upon the City. Extraordinary services may include extra police protection, traffic control, fire monitoring, food safety monitoring, refuse collection, and other services necessary to ensure the protection of participants and citizens, the proper functioning of City services, and the proper administration of this ordinance and policy. D. "March" means a group of persons, of any number, moving from one place to another on a public way or public place, which requires a street closing or otherwise requires police DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 officers to stop, reroute, or alter the normal flow in of vehicular or pedestrian traffic because marchers are unlikely to comply with traffic regulations and controls. A march is for the purpose of conducting activities which are protected by the Constitution. All circumstances which do not meet the specific definition of a March will be reviewed as a Special Event. E. "Public Assembly" means an organized public gathering or group of persons, of any number, which is reasonably anticipated to obstruct the normal flow of vehicular or pedestrian traffic upon a public way or the normal use of a pub lace because those assembled will not comply with the traffic regulations or co ls, owith other public place use laws or policies, and will be located in one pla °does not meet the definition of a march. A public assembly is for the p se — 6 f " nducting activities which are protected by the Constitution. All circursta�ces whi not meet the specific definition of a Public Assembly will be Xe as a Spe vent. III. PERMIT REQUIRED No sponsor shall conduct, maintain,Rromot, or give tickets to, a Special Event, Marc ° u of the City of Oshkosh without first obtai .. permit. Due to the nature of March and Pubic in some ways from Special Events as noted t requirements that apply to Events, or 1 The City Manager, or the , shall have` not a permit is requi any jiCmular event. and/or its subsequeri representatives of any Event, Marchzau requir t that a A. E wholly 1. S advertised e is Assembly a ecial Event,l 9 __ y events, ike, organize, manage, or sell un the municipal boundaries r Public Assembly ` review process will differ rice. Any differences in the lies will be as noted herein. exclusive to determine whether or e City's review of any permit application construed as acceptance by the City or its My injury or damage relating to the Special , March, and Public Assembly permits are rights. The only exceptions to the of *rmit shall not or -Akk'bility for ly btained are as follows: on public or private property: or suited for the Special Event, March, or Public Assembly; and 2. Which ha § mm propriate certificate of occupancy, as well as appropriately designed sanitation, Rc from street and/or highway facilities and controls; and, 3. Which result in no greater use of public facilities and services than on normal, non- event days. B. Funeral processions. DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 C. Events sponsored solely by the City. In these instances, notices shall be given to all affected departments so that they may determine their level of sponsorship. Events that are co- sponsored by the City are not exempt from the requirement of obtaining permits. IV. PERMIT REQUIREMENTS A. Special Events Completed written applications for a Special Event p °"`long with the application fee shall be filed with the City Clerk. Application'iall — the form approved by the City and signed by the authorized represent &ties) of 66 sponsoring the Special Event. In lieu of the application °vent spoAfffrmay submit with its application a request that the fee be waived and provide in deta reasons of financial hardship and any other reaso such reest. The appli ay be filed as early as desired by the applicant, all boffikd no more thaWz ne (1) year before, and no less than 45 days prior to the ; 2. Special Events must comply including but not limited to tra building codes, zoning, food sere Special Event sponsors shall use participants/ atteo with all app state health l ;d es, and of waived hem. 3. The applicant refer applicable Ci inances and requirements, p ark rules, stth laws, fire codes, a and liqu - icensing requirements. easo f�ortsj ensure compliance of City o` races, traffic rules, park rules, Flicensin2 rFouirements. unless otherwise tate&ffidividual who can be contacted at any time uding City representatives such as the Police, 'arks, Public Works, Transportation, or Legal or answer questions, or to whom City and comments from the public. 4. Tlllowing Cit epartments will be provided with copies of the Special Event pernii their review and comment: City Manager, Police, Fire, Health, Inspect e rvics, Public Works, Parks, Transportation, and Legal. Additional City officials m �'_ eed to review the application as may be warranted by the specific circumstans of the event. City departments shall notify the City Manager that they recommend the approval or denial of the Special Event permit as requested, approval of the permit contingent upon changes or modifications of the original request, or take no position on the application. At the time each City department comments upon an application, they shall also provide the City Manager with their best estimate of the cost of extraordinary services which may be necessary for the event. 4 DRAFT - FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 5. The approval of any Special Event permit application shall always be conditioned upon the approval of all other necessary permits, licenses, and inspections by City departments, in addition to Common Council approval of the Special Even permit. 6. Special Event permits shall not be transferred or assigned without approval of the Common Council. Special Event permits are automatically revoked at the time of transfer or assignment without prior approval of the Council. B. March and Public Assembly Permits It shall be the policy of the City of Oshkosh to review and Public Assemblies solely on the basis of their effe Welfare of the community. The City does not discrirr. or type of speech expected to be present when reA and/or Public Assembly permit application. Completed written applications for any N or I the application fee shall be filed with the Cit days prior to the proposed March or Public Ass form approved by the City an' ed by the authc sponsoring the March or Public bl . In lieu sponsor may submit with the apO ca a re, provide in detail the reasons for fincia request. ns for Marches Safety, and particular group In any March Assembly pert along with iir'limum of five (5) business Applications shall be on the I representative organizing or §LWication fee, the event _ .'�M the fee be waived and env other reasons for such 2. The Chie olice, o r*signee withi, the Police Department, shall have the authoritS t all ne sary action reikding the March or Public Assembly permit application, ink val or dial of the application. Applications shall be rev-i d and app , d as MAN'' monied as submitted, approved with conditions, henna . ka�p pro i thin two (2) business days after the application is submitted. 3. 7�t ative City aprWval my be given within the response period for circumstances involve pro'rty or right of way controlled by other persons or governmental entitfij&such as ciumstances involving right of way or property controlled by the State o' cones. 4. During the review of the application, the Chief of Police may consult with all persons reasonably necessary and available for such consultation, including the event sponsors and all other persons, entities, agencies, and governmental officials deemed necessary by the Chief in order to make an informed decision regarding the application's effect upon the health, safety, and welfare of the community. 5. March and Public Assembly permit applications shall be reviewed for their effect upon traffic control, public safety, as well as other considerations affecting the public health, safety and welfare including the date, time, location and/or route, police and DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 fire protection necessary, and sanitation provisions required. The application review will also include analysis of the sponsor's plans to reasonably ensure that participants /attendees will also comply with all applicable laws. 6. The City's decision related to March and Public Assembly permit applications shall include a requirement that the application fee be paid or that the fee is waived, a requirement that the costs for Extraordinary Services be paid by the sponsor(s) or that the costs are waived, and a requirement that any other condition(s) allowed by law and which are necessary to ensure the health, safety, and ws&xe of the community shall be incorporated into the terms of any approved pe C. 7. In those circumstances in which it is determined t, os Extraordinary Services shall be paid by the sponsors, the Chief of PoliW X11 have to require IL that some or all of the estimated costs for su icies be paiY&he City in advance or deposited in an approved escrow accoun for the purpose of pa or such costs, or to require that another form of sec e submitd by the sponsAffspothe purpose of paying for such costs. w ,� 8. Before any March or Public Assembly permit i 'e d in whole or in part, the Chief of Police shall make all reaso efforts to discu wit the applicant the proposed event and its effect upon the pd and shall e ar suggest to the applicant reasonable alternative ates; ocations, ,� ther terms, conditions, and parameters of the March or Publi&Assem extent that any such alternatives, terms, or conditio- May be reasonZ arried ile protecting the public's health, safet ar e. 9. Any person 'ng to eal the decisif the Chief of Police shall make such appeal, in writes o anager, designee. The City Manager, or designee, sl with tll i ef o';a""the applicant within three (3) business days an a Legal counsel and other er rem' p persons with relevant factual g p information artic in t his appeal meeting. The City Manager, or designee, sh all provide t ies oral decision at the conclusion of the meeting. A 't ten decision be requested by either the applicant or the Chief of Police, and ; Me made ava.M61e by the City Manager as soon as practicable. 10. An app , t mppeal the decision of the City Manager, or designee, to the Common by filing a notice of appeal with the City Clerk. The Clerk shall place this ise on the agenda for the first regularly scheduled Council meeting in which proper notice may be provided to the public. 11. The Council may affirm, reverse, or modify the determination of the City Manager, or designee, at the conclusion of the agenda item and after all interested persons have had an opportunity to be heard at the noticed public meeting. 12. Any applicant aggrieved by the decision of the Common Council may seek such other legal relief as may be available. 6 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 V. REGULATIONS Special Event permit applications shall address the following issues and attach additional supporting material if necessary. A summary of required information follows, and more specific requirements can be obtained from City departments when planning the event and seeking City approval. A. Duration and hours of Operation The Special Event appli shziil specify the specific days upon which the event shall occur or, in the case of qq4WW1 or recurring events, the days within the season or period within the calendar yAftlup the event will occur. No Special Event shall be open except betwpe he houFT :00 a.m. and 11:00 p.m., unless such other hours of operation are sp li� approve d� Council. The permit application shall also specify the hours6iring which pre -event and post - event takedown operations will occur, and pre - `event and post -eve - tivities may be conducted other than as specified B. Maximum Attendance A Special Event permit appi 'o n shall specify the maximum daily peak number of people rea expected to a C. Parking A Special Event permit apps may be reasonably expected to be uti street parking. The, hcant shall tak effects on the ne' ffi ids that will to the event. Itgpolice public streets cia Chief for public sa o D. nitary facili be provided only if it is include a identifying areas that m t is pm ts for off - street and on- >ona , " cautions to minimize adverse dy affe ted by parking and traffic related temporary parking- related regulations on mined to be necessary by the Police y the Common Council within a permit r All sanitary facilities and potable water facilities the applicable codes. E. Ilium n : If the Sjcial Event is to continue during hours of darkness, it shall comply with all 'cable cos related to illumination. F. Security The ; ' Q�al Event applicant shall work with the Oshkosh Police Department to ensure that app 6priate security and safety is provided for the event. The Police Department may be required, at its discretion, to be directly involved in the Special Event, with the actual costs of such involvement to be borne by the Special Event applicant. G. Fire Dept. Protection All fire protection applicable to the Special Event activities on the premises, shall be provided by the applicant as required by the municipal Fire Prevention Code and the Wisconsin Administrative Code, including alarms, extinguishing devices, fire lanes, and fire escapes. DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 H. Compliance with other Code Provisions No Special Event shall be held unless all necessary municipal permits, licenses, and approvals applicable to the activities to be held during the Special Event have been issued. I. Refuse Removal The Special Event sponsor shall be responsible for taking all reasonable efforts to pick up litter and refuse during the event, and for removing all litter and refuse created during the event within twenty -four (24) hours after the conclusion of the event. The event sponsor is responsible not only for the ev but will also take all reasonable measures for the removal of litter and refe attributable to the event from the surrounding neighborhoods and properties. J. Notification The Special Event sponsor may be reuirl by thajAW to provide reasonable advance notice to residents and/or b to nei h oods if individual notice is impractical, who may be erected to experience il inconvenience during the event. K. Barricades Barricades may be required for stree — s orpursuant to 6 security plan. Barricades may be available for rent from the City private companies. All barricades used for the Special E W aLs hall meet the st as set forth in the Manual on Uniform Traffic Control Devic& BCD), unless panned barricades. VI. APPLICATION REVIE A. Applications y pecial Eftt permits sl& be processed in the order of their receipt. Persons or gfoup$ W g approved Sp Event may reserve dates for the event to beheld the follow a d they suh to the City Clerk notification of their inten U1: the eve a at f � — h the event is expected to be held, and the a a�or' 'th in si 0) days affer the end of the Special Event. This notice and fW will reserve" mo tes i eduntil the formal application is submitted, or the notice �ft t ent is withdra wand wi Wive priority over any other applications received. Dates w t be reserved iUW application also includes a request to waive the application fee. Unl&'W City receives a notification of intent to hold an event as described above, the use of Cf@jgo perty aM allocation of City resources shall be based upon the applications as they are , ; y 'ved,lthout regard to events that may have been held in previous years. B. Upon receivinn application for a Special Events permit, the City Manager may schedule a meeting or meetings involving the applicant, any of the affected City departments, the public, and/or other interested persons or officials. Meetings will be scheduled at the discretion of the City Manager based upon the circumstances of the Special Event. The purpose of the meeting will be to discuss the Special Event and its potential impacts, the City services requested, and the City services which may be required. Such a meeting will be held as soon as practical after the application has been submitted. DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 C. As soon as practical after the Special Event permit application is submitted, the City Manager shall provide a recommendation to the Common Council regarding the Special Event permit application. Potential recommendations may include: (1) the permit be issued as requested and without conditions; (2) the permit be denied; or, (3) the permit be approved subject to certain conditions deemed reasonable and necessary by the City Manager. The City Manager may also recommend to the Council that the permit fee be waived, that the costs for Extraordinary Services anticipated by the City to be necessary should be recouped from the event sponsor(s) or that the costs for Extraordinary Services provided should be waived. The Common Council shall app o r deny Special Event permit applications, place conditions upon any permit, requ at 'the permit fee be paid or waived, and require that some or all of the costs incu the City for providing Extraordinary Services be reimbursed or that such co ill`1 D. To the extent permitted by law, the Common Caor= ;nab deny ari k!&ation for a permit if the applicant has on prior occasions�maade material misrepre regarding the nature or scope of any event or activit 'ously ggpitted, has he special events without proper permitting or licensing, a s vi d the terms of prior permit issued to or on behalf of the applicant. Addition rior experience of the applicant , in holding any event, or in holding the Special Eve r ' ch is the subject of the application, will be considered afijm4 impact the iss �`° _ of Special Event permits. A permit may be denied, or conditio thereon, base onsiderations of the health, safety, and welfare of the cormuin = ' d of the ant ated costs of holding such event. Additionally, the Common Co V - rn their decision on one or more of the following grounds: 1. The applion is not y completednd/or fails to include necessary attachments; 2. The applicant s JJ#E#1&xQapot ?-Kill not pay the application fee and the e C termint su :&M not be waived; The applicaerts th`�S mot or will not pay the cost for Extraordinary Services and tRMouncil 4ffifinines that such costs should not be waived. 4. TWa pplication fcWbermit contains a material falsehood or misrepresentation; 5. The apps n t isfflot legally competent to sign a contract, or to be held responsible for its actions; 6. The applicant has, on prior occasions, been required to pay for Extraordinary Expenses or damages to City property and has not paid in full for such expenses or damages; 7. A Special Event permit application for the same time and place, or utilizing extraordinary City resources, has previously been received, and a permit for such previous application has been or will be granted which will authorize uses or activities which does not reasonably permit the multiple occupancy of City facilities 9 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 or would result in a utilization of City resources which would adversely affect the health, safety, and welfare of the community; 8. The Special Event use or activities intended by the applicant would conflict with previously planned events and programs which have been sponsored, organized, or conducted by the City government either through the use of City facilities or the unavailability of sufficient City resources for the proposed event; 9. The intended Special Event use or activity would present a ��e or unreasonable danger to the health or safety of the persons expected to ticipe in the event, the neighborhood in which the event will occur, the comp as a whole, or City property and resources required to be involved wi 'Me p ed event; 10. The number of persons expected to participq ' ie special v result in a concentration of persons, vehicles, or thingfrhich cannot be supsW at the requested time or location due to a lac fficient- - area, streef : 9` ate parking, or traffic controls. 11. Activities reasonably expected to occur at the i Wed Special Event are prohibited by law. E. Amendment or Revisions of Apphciorisam revision of any permit application shall, for purposes of dete ninin� t the application, relate back to the original filinof unless the i al filin treasonably incomplete or lacking sufficiero�R " ��n to allow flan adequatF review of the proposed event. F. Mapped Routes d Altera ns of Mappedl outes Routes for Special Events such as parades must be s tte * �the lication. Proposed Routes may be altered at the di ti�in of th in Hof the health, safety, and welfare of the co nits: W, evia om the approved route without approval of the City will fhstitute a vio " o f th ` e it conditions and of these requirements. Additionally, proved changes y resu;, the denial of future Special Event permit applications. VII. A non - refund ; �ministrative fee is required for all Special Event, March, and Public Assembly permit applications. Permit applications may include a request to waive the application fee. However, permits shall not be issued unless the fee is paid or it is specifically waived by the Council. The permit application fees identified herein are separate from other specific fees or licenses required, and separate from any requirement to reimburse the City for the actual cost of any Extraordinary Services required for the permitted event, or for damage or destruction resulting from the event. 10 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 A. Permit Fees 1. Special Event, March, and Public Assembly Permits (non - refundable) a. Multiple day event (consecutive or recurring) Liquor license required: b. Multiple day event (consecutive or recurring) No liquor license required: c. Single day event Liquor license required: d. Single day event No liquor license required: 2. All other required charges and/or fees, ine dftn food and beverage sale permits, temporary s ¢ etc., must be paid in addition to the permit appff application does not reserve x or any other necessary for the event. 3. Applicants for Special Events, N their initial subrnias gn a request substantial f a .x- ship. 1. $200.00 $ 50.00 to faci rental, uipment rental fees, fee. Submittal of a permit pility, property, or services permits may include in tive fee be waived due to a. For thos _ ial ff ffiffigjq,avhich costs for Extraordinary Services are not waived ," by the ComQm Coun event sponsors shall be liable for and shall pay to the City Clerk th tual cyst of all Extraordinary Services provided by the City. If Special Ev& has more than one sponsor, then each of the sponsors are liable Mhe City for Ate e total amount due, regardless of how the multiple sponsors may sep a e to divide these expenses. If the City is a co- sponsor of a Special Event,` host of the Extraordinary Services the City is responsible for will be based upon the level of City sponsorship, and that amount shall be deducted from the total cost for the Extraordinary Services provided by the City. The costs for Extraordinary Services charged to event sponsors shall not exceed the actual costs of providing these services. This fee shall be paid to the City within thirty (30) days of the date an itemized invoice for the same is prepared and mailed by the City at the conclusion of the Special Event. b. Prior to any approval of a Special Event permit, the Police and Fire Departments, along with all other departments potentially affected by the proposed Special 11 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 Event, shall review the application and report to the City Manager their respective findings as to an estimate of the costs reasonably expected to be incurred by the City for providing Extraordinary Services at or for the Special Event. The application shall be required to provide enough detail to allow the City departments and to determine the level of Extraordinary Services required and their associated costs for the Special Event. The estimates provided by City departments shall provide enough detail to allow the event sponsor to reasonably understand the Extraordinary Services that are expected to be necessary. c. After reviewing the findings of the City c recommend to the Common Council that or reimbursement of the costs for Extraoi Special Event permit if approved. recommend that payment or reiml Extraordinary Services to be prov waived. d. The Common Council shall address t e of JFW at the time it takes action on a Special E • � -i it address the issue of Extraordinary Services gh actions: i. The Council may requi Extraordinary Services the c ojR ii. 'I�he for =Eadet errnii be pa-t,„ after the The Coi itv for [led via in'i_ "to the the event. City Manager may .ng to advance payment _be placed upon the the City one or all anager may Me costs for raordinary SerV= - - s before or application. The Council may one or more of the following actual costs for the event, with the total costs s) within thirty (30) days after Icil m - equire the ev onsor(s) pay less than the actual costs 'n M des provid by the City in an amount to be 6W-the o e nding upon the unique circumstances of the th t ftemaining actual costs to be waived. Any amounts required to fall be ed Yia invoice to the sponsor(s) within thirty (30) days nclusio ..: fhe event. y waive all costs for Extraordinary Services provided by the iv. Intent that the Council requires that the event sponsor(s) pay some or all of tl° costs for Extraordinary Services provided by the City for the event, then the Council may require that funds be placed in escrow, or other necessary security be provided, before the permit is issued. The amount of the cash deposit or other security shall be based upon the cost estimate of the Extraordinary Services which may be incurred. The Special Events permit shall not be issued until the event sponsor(s) have complied with any requirements for security. 12 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 The City may require that Services nroyide- d by the ( City within a of costs )n is taken on a March and ervices will generally consist of to 0. ensure the safety of persons actual costs for Extraordinary 11ie total costs incurred to be (30) days after the conclusion of ent spor(s) pay less than the actual costs for "the City in an amount to be determined by the ion the unique circumstances of the event, with the waived. Any amounts required to be paid shall be ►nsor(s) within thirty (30) days after the conclusion of all costs for Extraordinary Services provided for the event. v. Security for the estimated costs of Extraordinary Services may be in the form of a cash deposit in an escrow account, bond, letter of credit, or similar instrument, with the type and form of the instrument to be at the discretion of the City. vi. If the actual costs for Extraordinary Services exceeds the security provided and has not otherwise been waived by the Council, then the difference shall be billed to and paid by the event sponsor(s). If the actual costs for Extraordinary Services provided is less than the of funds deposited in advance of the event, then any unused amounts nafi9t be returned to the event sponsor(s) within a reasonable time after theme o ncludes. Any other security instrument must be either used or reasonable time after the conclusion of the Marches and Public Assemblies The City, through the Chief of Police'" ' shad Extraordinary Services before or at the time Public Assembly permit application. Extrac vehicular and pedestrian traf and and property in crowded and/or �l ly In the That the City requires that the event sponsor(s) pay some or all of the costs fo Extraordinary Services provided by the City for the event, then the City may require that funds be placed in escrow, or other necessary security be provided, before the permit is issued. The amount of the cash deposit or other security shall be based upon the cost estimate of the Extraordinary Services which may be incurred. The Special Events permit shall not be issued until the event sponsor(s) have complied with any requirements for security. 13 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 e. Security for the estimated costs of Extraordinary Services may be in the form of a cash deposit in an escrow account, bond, letter of credit, or similar instrument, with the type and form of the instrument to be at the discretion of the City. f. If the actual costs for Extraordinary Services provided exceed the security and has not been waived by the Chief of Police, then the difference shall be billed to and paid by the event sponsor(s). If the actual costs for Extraordinary Services provided is less than the amount of funds deposited in advance of the event, then any unused amounts must be returned to the event spo -) within a reasonable time after the event concludes. Any other security i ument must be either used or released by the City within a reasonable time � e conclusion of the event. VIII. INDEMNIFICATION AND HOLD HARMLESS Sponsors of a Special Events, Marches, and P an agreement in a form acceptable to the City in w Oshkosh, and its departments, and hold the City ands harmless from any liability to any person resulting from person which occurs in connection with the permitted a actions or inactions of the event's spons6ftAs officers, under their control insofar as permitted b IX. INSURANCE All Special Eut s onso all procure their P P P the City's minimunregrments Special Eve Assemblies shall _'.._ � uired to sign y agree to indem-nifY!ff@%kY of employees, a4 agents, or injury to property or any itely caused by the any or agents, or any person expense, a policy of insurance subject to The ins�ce,require the bosh is primary coverage for incidents which may occu Ci y °.qty or employ s during the event, and any insurance or self insuran&maintained 639W Sity . osh, its officers, council members, agents, employees or a d volunteers of con le to a loss. All insurance shall be in full force prior to commenc-A#Lhie event and rfain inArce throughout the entire event, including the clean up period after i ' ent. The certif"f inance shall be satisfactory proof of insurance of said policies and shall be filed at the o ' the city clerk for the City of Oshkosh a minimum of five (5) days prior to the scheduled §Vent. A copy of the certificate of insurance may be accepted by facsimile transmission or an email attachment with the original to be received no later than three (3) days prior to the event. The event shall not be allowed to proceed without submission of insurance documentation. The City's act of receiving and retaining proof of insurance information without comment shall not be considered acceptance, waiver, or modification of any term or requirement herein, or any applicable law. 14 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 23, 2009 X. EVENT CANCELLATION The City Manager in the case of a Special Event, or the Chief of Police in the case of a March or Public Assembly, may cancel a Special Event, March, or Public Assembly, regardless of whether or not a permit has been issued, without prior notice for any significant change in conditions which would or may adversely affecting the public health or safety of the community, or for any condition that would place facilities, grounds, or other nature resources at risk of damage or destruction if the event were permitted to take place. XI. PENALTIES In addition to other potential fines, penalties, Municipal Code, the violation of the terms of the Sp permit shall be punishable by forfeiture of not less tl Each day of violation shall be considered a separat this section by way of immediately revoking the per. remedies available at law and in equity. The penalties set forth herein sha7 that sponsor events which are required to If any person shall violate any provision institute the appropriate legal action or pi such person from violating _ se c onditic Persons failing to sponsoring or proxnotin constitute a violation of th future permit motio as7d&dribed in the Oshkosh March, o - bl ic Assembly and not m0r $1,000.00. addition, the C1 enforce J%L unctive relief, Ord all other apply to all pers organizations, and entities j�W ecial event ° �t b ut fail or refuse to do so . lanc the CityWall have the authority to inns eom�fance and to thereby prohibit March,r Public Assembly permit requirements, or and failin t+apply for and receive a permit will py result the termination of the event, denial of gkwlj idinance citation. If an pyision of th & rdinance or application thereof to any person or circumstances be held invalid emainde — pf this Ordinance and the application of such provision to other persons or circumgWages she not be affected. The City of Oshkosh reserves the right to amend or repeal this Ordinan time upon proper notice; and all rights, privileges and immunities conferred by this Ordidnce or by acts done pursuant hereto shall exists subject to such power. 15 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 SPECIAL EVENT ASSISTANCE The City of Oshkosh recognizes that special events serve an important role in Oshkosh, including building a sense of community, expressing the City's cultural and artistic diversity, as well as entertaining and educating. Each year the City of Oshkosh commits significant available resources through staff time, facilities, and equipment resources to provide support to these events. As the number and size of these events grow, it is necessary to provide individuals and event organizers with a consistent process to better coordinate efforts meted to event management and support. Each City department annually reviews ' udget and may be forced to change its level of support. Because there are many different aspects of Special.I responsibilities of various City departments, and affect_ departments will need to review, and provide commejo and Event application. The City intends to create, as rAfta po Events. As a result, the initial communication and O qWlic the City Clerk, who will then forward copies of the app who must review and comment on the application. Once t exchanged, the applicant may need to c6"° icate directly whi f ect the in many .s,, several City nmendatio _ µ "the Special a are to ] submitted to natefials to those departments itial communications have been vice versa, should there by further questio EWo -up necess the responsibility of making final decisionsU . hermit City departments, and Common Council has Various City departts can assist ye W the p agmg of your event based upon their knowledge of applicable p, , and througthis planning process the City can provide or assist in obtaining in thff lqs been desired to help event organizers prepare for the event effectively. When.:5Au are renewing the attAW information, you are encouraged to contact City staff to answ s hav ,,F,The application and other information provided hasbeegT d er a F itch may be held in the City. Therefore, while some of t laF n on t eques a y be required, other information may not directly apply to your eyiMl. However, t cas a w all need to answer all of the questions to the best of youL-46Q so that those pomas revs g the application can make an informed determination about the ` ap�&cability of va m , s ruleto the planned event. Some e a ctivities Will require permits in addition to the Special Event permit, along with their associat � s. er issues, including street closures and temporary liquor licenses, may require approva - Common Council. THE CITY OF OSHKOSH STRONGLY ENCOURAGES PERSONS INTERESTED IN HOLDING SPECIAL EVENTS TO CONTACT APPLICABLE CITY DEPARTMENTS BEFORE PURCHASING SUPPLIES, MAKING LEGAL COMMITMENTS, OR UNDERTAKING DETAILED PLANNING EFFORTS FOR THE EVENT. EARLY CONSULTATIONS WITH CITY PERSONNEL MAY PREVENT THE PURCHASE OF NONCOMPLIANT SUPPLIES, ENTERING INTO COMMITMENTS THAT CANNOT BE KEPT AND SPENDING VALUABLE TIME MAKING PLANS THAT MAY BE 7 CONTRARY TO RULES, REGULATIONS, AND /OR LAWS. DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 DEPARTMENT CONTACTS During the course of planning a Special Event, and after the Special Events application is submitted to the City Clerk, communications between the applicant(s) and persons at various City departments may be helpful or necessary. These communications may allow the development of both an understanding of the rules that may be applicable to the event, as well as a strategy to help the applicant meet applicable requirements of various laws and ordinances. A solid understanding of the applicable laws and ordinances can minimize disruptions in the application process or the actual event, and to ensure the health, safety-IE& welfare of all citizens of Oshkosh and guests to our City. Therefore, the City enWoages`�applicants to contact the persons and/or departments identified below regarding your * to be aware that upon submission of a Special Events application, they may contact re x ' g your event. Departments T A Rni %&=_A ddress City Clerk 2 215 C Ave. Issues: main contact for special use permits; alcohol beverages City Manager 236 - -� 215 Church Ave. Issues: recommendation to Council rega permit approval; general operation of C its Departments tt Planning Services 5 215 Church Ave. Issues: proper zoning or event site Public Works =-15-136-506SW 215 Church Ave. Issues: public rights o f may, ba � des, etc. Fire Department f 36 -5240 101 Court Street Issues: all aspects o N a enti4ynd safe ty Health Service � X36 -5030 215 Church Ave. Issues: pro d and v erages; noise; s ary; InspeQtWh Services 236 -5045 215 Church Ave. Issues: tPVTo nary structur lumbin , electrical Parks Depart Director) 236 -5080 215 Church Ave. Issue: managem property Police Department (Sp Operations Officer) 236 -5083 420 Jackson Street Issues: street closure; afety & security; traffic; parking Transportation 232 -5342 926 Dempsey Trail Issues: traffic; parking; public transit DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK GENERAL EVENT INFORMATION Official Name of Event: Start Date: End Date: Briefly describe your event. Be sure to include the purpose of the QOK and planned activities. Primary Contact: Fax: Email: 3 Daytime Telephone: Cell Phone: DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Address: City: State: Secondary Contact: Fax: Email: Address: City: State Onsite Primary Contact: Fax: L Address: City: Sta`: Onsite Secondary Fax: City: NOTE Either the event. Zip Code: Daytime Telephone: Cell Phone: Zip Zip Code: Cell phone: State: Zip Code: secondary onsite contact must be present onsite at all times during Space Intentionally Left Blank 4 DRAFT - FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK SPECIAL EVENT CHECKLIST (please check all boxes that apply) Is your event a: ❑ Festival / Music Concert ❑ Religious / Educational ❑ Rally / Memorial ❑ Street / Block Party ❑ Parade / Fun Run / Walk- a -Thon ❑ March utilizing any Public Property ❑ Public Assembly for Political Purpose ❑ Sport Tournament (Fishing, Soccer, etc ❑ Other Location of event: ❑ Park or other public property ❑ Public street, sidewalk, alley, or right of ❑ Private property Will you have ❑ Alcoholic beverages (Additional permit reqA ❑ Food & n lic be (Addit : pe ff fired ft ❑ NonA&d related sa m d/or (N&Q permits f i p red) ❑ Tent arr Canopy (Additions rmit requirea4om Inspections Dept.) (Digger's Ho must be a ntacted minimum of 3 days before digging) ❑ Generator(s) an ddital electrical facilities (Additional permi " red from Inspections Dept.) ❑ Fires or Candles (Additional permit required from Fire Dept.) ❑ Fireworks (Additional permit required from Fire Dept.) ❑ Activities in a park outside of normal operating hours (Waiver required from City Council) ❑ Barricades (Approval from City Clerk's office if in right of way) DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK ❑ Amplified Sound 0 Animals included or allowed in event x We ■' ■' ■ 1 1 ■ ■ ■ (animals must be licensed and have proof of vaccination.) Cooking Equipment (Fire Department approval required) DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Special Event Public Safety and Security Name of Event: Location of Event: Date of Event: Time the Event is to Open: Sponsor of the Event: Estimated Attendance (daily and total): Emergency Contact Information: Name: Name: Name: Primary Phone Number: Daytime Phone Number: Cell Number: at Event Site: 7 The public will be notified of safety and/or security issues in the following manner: DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Emergency Medical Services Name of Provider: Contact Person / Telephone Number: Location of Provider at Event Site: Fire Protection Name of Provider: Contact Person / Telephone Number: Location of Provider at Event Site: Number of Fire Extinguishers: Location of fire access Left Blank DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Security Name of Provider: Contact Person / Telephone Number: Location of Provider at Event Site: Location of Missing Persons Station: Event Parking Locations: Severe Weather Contingency Shelter Locations: Have you confirmed that the locations Who will determine if your event is Provide a schematic to scale. ThSRW they are r e—d and `h. The drawing must be legible and drawn Bowing items if they will be provided, or if 1F . - -. Location of bo' , stages-49 stageg-49 event structures 2. ation of first - station 3. 5 of info ion / ticket booths 4. Bo . 'es of theent 5. Locati _ f ence 6. Location o s and gates (gates must be numbered) 7. Location ogre extinguishers 8. Location of severe weather shelters 9. Location of Fire / EMS access road 10. Location of security staff 11. Location of emergency contact event personnel 12. Location of assembly area and approximate occupant amounts 13. Location of event parking 14. Location of barricades 15. Location of generators E DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 16. Location of temporary roadways APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Other Provide any other information that you feel should be considered Yes No I have reviewed provided by the CifR. I have reviewed and for S.1 eial Events as considered thQ&ntingency Plan information kosh along wi ,' application (pages 11, 12) the event's I 0 Ny's,surance requirements 1 in thr ument (pages 13, 14, and 15) lic Safety Site Plan (see page 9) 5n that I believe is necessary or helpful to SIGNATURE I am all` i to sign 41 application on behalf of the event sponsor. The information contained in this a do r a Special Event permit is true, correct, and complete to the best of my knowledge. I mare any changes to the Special Event, I agree that I will promptly notify the City of Oshsh of these changes. Date (print name) (print title with organization) 10 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT - FOR REVIEW ONLY CONTINGENCY PLAN Event sponsors should review and consider the following issues when they are planning or preparing for an event. Many of these issues are required by one or more regulations, or are components of larger regulations. Considering other issues which may not be required should contribute to the planning and operation of the event. Developing res s to these questions should result in more productive and fruitful discussions with the varous departments with the City during their review of the Special Event Application. 1. Weather related issues: rain, snow, severe stor tnadoes a. If the weather forecast includes bad west ill the eventncelled? If so, how will attendees be notified? b. Develop a plan for the sudden ons, e vere ether. Where weople go and who is designated to assist intei` `" arriv the safe refug ace? c. Is there an area of safe refuge in case of d ? 2. Medical Issues a. Where will ambulance acc& be in c is needed? b. Who will conduct crowd cori of ff_rj ' gent of a me - & cal emergency? c. Will a first aid station, with treed fiice be provided at the event? Where? d. If applic i� adequate sl to preverft heat stroke? Will water be 3. Crowd Con Jjr' _Wh650 � t try gates? Maintain egress and access? c. Who wi o f the t to . , revent incidents from getting out of control? d. Develop a for tho ' trolling the crowd of what to do if they encounter :,unruly behaVW Havcommunications equipment. 0 a. WH pr e bolice Officers providing security? If so, contact the Police Deparf for applicable requirements or guidelines relating to the number b. If volunteers or private agencies provide security, will they have appropriate phone numbers for EMS, Fire, and Police? c. If applicable, what will security officials do if non - paying attendees breach the gate or perimeter? d. If a complaint is received, for example, for loud music, how and who will handle the complaint? e. Provide communications equipment. Portable radios, cell phones, and access to land lines. 11 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 f. If applicable, secure monies in an area not accessible to the attendees. APPLICATION FOR SPECIAL EVENT PERMIT — FOR REVIEW ONLY 5. Event Logistics a. Where will there be, or will there be, a staging area for support staff? b. What time will the crowd be disbursed and by whom? c. Who will conduct clean up? d. Remember to maintain fire lanes and access road"- _ e. Appoint one person to oversee and take resporilit th e event. Who? f. Will an adequate amount of restroom faciliese provi W here? g. Is there adequate safe parking provided -e` Space Intentionally 12 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT — FOR REVIEW ONLY INSURANCE REQUIREMENTS All sponsors, organizations, or any other person or group scheduling a special event shall procure at their expense, a policy of insurance subject to the followingtimum requirements. Sponsors, organizations or other persons or groups scheduling privatFevents may be exempted from the requirement to procure a policy of insurance. The dec isiaks to whether insurance shall be required shall be made by the City Manager upon co tat` 'th the Department /division head and City Attorney and will be based upon Xtfiik of t � i vity and the risk involved. The aforementioned insurance as required e City 6 is prim Verage and any insurance or self insurance maintained by th of Ososh, its officersouncil members, agents, employees or authorized volunteers iW �ontn ute to a loss:"' All insurance shall be in full force prior to commencing the event and re y n force throughout the entire event, including the clean up period afte e vent. GENERAL LIABILITY COVERAGE Commercial General Liabili $1,000,000 gene" $1,000,000 p ic ts $1,000,000 Iiers $1,000,000 each o Claims include Par6 is in cone excluded ,;aim this Premises advertising aggregate ,ored by the special events hosts cannot be eliminated or requirement liability Blanket contractual liability Personal injury Products / completed operations The general aggregate must apply separately to this event 13 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT - FOR REVIEW ONLY LIQUOR LIABILITY If the event holder is selling alcoholic beverages then the liquor liability with the following limit and coverage must be carried $500,000 each occurrence / $500,000 aggregate BUSINESS AUTOMOBILE COVERAGE $250,000 each person / $500,000 each accident property damage OR $500,000 combined single limit for bodily injx Must cover liability for "any auto" including liability WORKERS COMPENSATION AND Must carry $100,000 eac $500,000 difea $100,000 disease injury a .00,000 for damage -owned and hired automobile employers liability limit of: - owned, non - owned, or hired — exposure Fo d il y injury n Any liafflk exc ADDITIONAL PROM, .ts must be at least $5,000,000 combined single limit liability) and property damages relating to slung cargo must be deleted. Additional insured - on general liability coverage, business automobile coverage, aircraft liability and liquor liability: The City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers shall be additional insured. Notice: The City of Oshkosh requires 30 day written notice of cancellation, non - renewal or material change in the insurance coverage. 14 DRAFT — FOR REVIEW AND DISCUSSION ONLY Draft Date: June 19, 2009 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK The insurance coverage required must be provided by an insurance carrier with the "Best" rating of "A -VII" or better. All carriers shall be admitted carriers in the state of Wisconsin. The certificate of insurance shall be satisfactory proof of insuraikeof said policies and shall be filed at the office of the city clerk for the City of Oshkosh_ nim=n of five (5) days prior to the scheduled event. A copy of the certificate of insurar, W be accepted by facsimile transmission or an email attachment with the original to be removed H:6 t er than three (3) days prior to the event. If these requirements are not met, the ejenannot h on city property. End of. 15 City of Oshkosh CHAPTER 18 LICENSES 18 -1 LICENSE YEAR. 18 -2 CIGARETTE SALES. 18 -3 NON - ISSUANCE OF CITY LICENSES AND PERMITS /DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES. SECTION 18 -1 LICENSE YEAR. Municipal Codes Revised 7131107 Unless otherwise specifically provided, the license year for licenses granted under the provisions of this chapter shall begin on July 1st in each year and end on June 30th in the following year. SECTION 18 -2 CIGARETTE SALES. The license regulating tobacco in the City shall be governed by the provisions of Section 134.65 of the Wisconsin Statutes. (a) The annual fee for such license shall be $100.00. There shall be no proration of this fee for licenses issued during the license year. SECTION 18 -3 NON - ISSUANCE OF CITY LICENSES AND PERMITSIDELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES. (A) Unless otherwise specifically provided within this municipal code, licenses and permits shall not be issued: 1) Premises. For any premises for which taxes, assessments, or special charges are delinquent and unpaid. a. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if I. the unpaid taxes, assessments or special charges were levied against the premises and ii. the license is necessary for the conduct of business on the premises by a lessee of the premises; and iii. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. 2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. (B) Appeal. Alleged errors in the determination of non - issuance of the license may be appealed to the Finance Director within 5 days of notice of the non- issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (16) days after the date of the notice of hearing. At the hearing, City of Oshkosh Chapter 18 — Page 1 Municipal Codes City of Oshkosh Municipal Codes Revised 7131107 the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the f=inance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non- issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. City of Oshkosh Chapter 18 — Page 2 Municipal Codes Name of Event APPLICATION FOR TEMPORARY CLASS "B" RETAILER'S LICENSE PLEASE REVIEW EXHIBIT "A" See Addilronal inf radon on reverse aide. Contact the municipal clerk if you have questions. City of Oshkosh, WI Winnebago County The named organizatlon applies for (check appropriate box (es).) FEE: $10.00 PER gVENT Class Attendance: Must be taken by person in charge of event. ❑ A Temporary Class "B' license to sell fermented malt beverages at picnics or similar gatherings under s. 12328 (6), Vft, State. ❑ A Temporary "Class 8" license to sell wine at picnics or similar gatherings under s. 925.51 (10), Wis. Stab.. At the premises described below during a special event said organization agrees to comply with al law, resolution, ordinances and regulations (state, federal or local) affecting the sale of fermented malt beverages and/or wine if the license is granted. 1. ORGANIZATION (Bona fide club, church, lodge or society, veteran's organtzation or fair association): (a) Name (b) Address City of Oshkosh (c) Date organized • ! / (d) If corporation, give date of #ncorporetlon � I L- (e) Names and addresses of all officers: President Address: Vice President Address: Secretary Address: Treasure Address: (f) Manageriperson in charge of affair First Initial Date of Birth ! ! Address Last Phone No. 2. LOCATION OF PREMISES WHERE BEER AND/OR WANE WILL BE SOLD: '(a) Street number (b) . Do premises occupy all or part of building: (c) If part of building, describe fully all premises covered under this application, which floor or floors, or room or rooms, license Is to cover 3. DATE & TIMES FERMENTED MALT AND /OR WINE WILL BE SOLD AT YOUR EVENT: Date ! J Start: End: Date 1 ! -Start: End: Date I I Start: End: Date 1 _J Start: End: Amplified sound or music shall not be permitted after 10.00 p.m. Sunday through Thursday and after 19:00 p.m. on Friday and Saturday evenings. This section shall not be construed to limit the authority of the police department to respond to complaints and take any appropriate action In response thereto. 4. ARE YOU AWARE THAT ALL BE1/ERAGES M!LST BE DisPENsED AND POSSESSED IN THE ORIGINAL CONTAINER, A TRANSPARENT OR SEMI-TRANSPARENT CONTAINER (per municipal Gods - section 4.23 adopted 10128!2043)? YES NO DECLARATION The Officer (s) of the organization, Individually and together, declare under penalties of law that the information provided in this application. is true and correct to the best of their knowledge and belief. Name of Organization: Officer: Officer. Date Flled: i ' 1 Date Approved: j Chief of Police Signature: Date Reported to Council or Board: 1 1 License No Comments Attached: YES NO Mn'rp• Thic M11.CT ha nn fiia iwn M wowkm nrinr trs rnimrlt m¢ation- Crnmrli man the sprnnd and frurrth Tuesrfav of avom month. ADDITiONAL INFORMATION May be Granted and Issued only to: (1) Bona fide clubs that have been in existence for at cease 6 months prior to the date of application. (2) State, county, or local fair assoclations, or agricultural societies. (3) Church, lodge, or society that has been in existence for not less than 6 months prior to the date of application. (4) Posts now or hereafter established of ex- servicemen's organizations. Application: y (1) Filing: In writing, for each event, on Form AT -315. (2) The local licensing authority may act on application or authorize an official or body ofthe municipality to issue the license. (ss. 12526(1) and 125.51(1)(a), Wis. Stats.) (3) The written application shall be filed with the clerk of the municipality in which premises are located: Class "8° (Beer): a. The governing body shall establish any waiting period before granting ota license for events lasting lessthan 4 days (s. 125.04(3)(f), Wis. Stats. b. At least 15 days prior to the granting of the license for events lasting 4 or more days. "Class B" tyi>ine} The application shall be fled with the clerk of the local municipality in which the event will be held at least 15 days prior to the granting of the license. (4) Publication: Not required. Fee: Notto exceed $10. (Exception: No additional fee maybe charged if organization Is applying for both aTemporary Class "B" and a Temporary "Class W license for the same event.) Duration: The day, or consecutive days, that the specified event is In progress. Restrictions: (1) License may not be issued to individuals. (2) Licenses to organizations, otherthanex - servicemen' sorganizations, canbeissuedonlyforapicnicorsimilarg Thg m ay not be issued for business or social-meetipgs of the organization (3) Licenses for club or organization meetings may be Issued only to ex servicemen's posts. (4) License May cover either a specified area or the entire picn)c grounds. (5) License Issued to a county or district fair must cover the entire fairground (ss.125.26(6) and 125.51 (10, Ws. Stats.) (6) No licenseto clubs having any indebtedness to any wholeselerfor more than 15 daysfor beer (s. 125,33(7), Ws. Stats.) and 30 days for wine (s. 125.60(4)(b), Wis. Stats.) (7) Licensed operator(s) must be present at all times (ss.12526(6),125.32(2) - Beer, 125.51(10),125.68(2)-WIne; 125.17 (8) The licensed club, club members, or any other persons are notpermitted to possess intoxicating liquor on licensed premises on the Temporary Class "13"1"Class B' licensed picnic area. (s. 125.32(6), Wis. Stats.) (9) Not morethan 2 wine licenses may be issued to anyclub, county or local falrassoclation, agricultural association, church, lodge, society or veterans' post in any 12 month period. (10) Licensed ogranizations must purchase their productfrom a licensed wholesaler. MUTE: Most coolers presently on the market have a fermented malt beverage base allowing sale under a beer license, e.g. Bartles and James, Seagrams, eta NOTE RETURN TO CiTy CLEFjK WITH UCENSE APPUCAT'ION AND ATTACH MAP REQUEST'.FOR �t� „rx43 a... < rc.s . l v DATE SUBMITTED: BY: RR S. OFFICE RORMSiSMS.FflM . �� aS � ` ��z�•. . 1�'' ��G�l�vTlY��ri4i�0) NVaW} �� `L�V.�M.�..--- �- �hKJ:dAY•Y.l� ��h�v�k .�.. • y�.� '"` .¢:�i °o ar •a BI= 1N < T P CA TIONS VIJ T EN TO P .. ENT ER CE AID/ �R SCRI � SUi1APTlfl OF EI"f� • NDE GED PERSO " NOTE: R ETURN TO C ITY CLERK iI1 rrti LICENSE APPLICATION AND ATTACH MAP. REQUEST FOR WAIVER OF FE NMI f SEER GARDEN NO OAR I A` IW NAME OF ORGAItA L£3CATION OF E fNT 'DATE{S) OF EVT l{ DE AREA: 1ERE 1 ja - .. a :� SIrD ;�ID CONSUMED i 3 28- F r : t } + x .o�� :••••' DATE -SU BMITTED: BY: RE: B OFFICE FQRtumwXmR.Fw . { ttrosr. �r v��,�• . �: � U1 , z / ' ` ' '�' `� -.� r"�." ^'gc.�7 %'a'�`'a - '2-. �k w' va" o< a¢. v.•', �9,. �1s` Ff�{ i` CRV�. i. i+`. �l+ o-: cJ' tt> r.`:° N' r£ ��. �S. �ih�Oj.(xn'.w.�n`s�rir'•1]n?..V �pp� _ v _ ,y, __ _ _ � o-+fw ..:- .ryfsa.:. >:%•,' as ...� �..�-iyY1'{ O�J:v�n"C eta... •.. x(,•,y6• - -' CITY OF OSHKOSH FILING FEE: $75.00 DEPT OF COMMUNITY DEVELOPMENT 215 CHURCH AVE ROOM 204 PAYABLE T0: OSHKOSH WI 54901 CITY OF OSHKOSH ON THE WATER (920) 236 -5059 RETURN APPLICATION, SITE PLAN & FILING FEE TO ADDRESS NOTED ABOVE. TEMPORARY USE PERMIT Article III Administration Section 30 -12 Date Petitioner Petitioner's Address Signature Print Name Owner (If Not Petitioner) Owner's Address Owner's Signature Print Name LOCATION OF PROPOSED ACTIVITY DESCRIBE PROPOSED ACTIVITY: Phone ( ) DATE(S) OF PROPOSED ACTIVITY: TO Note: Each submittal shall include a complete reproducible site plan, including but not limited to, all structures, parking, landscaping, lot lines, topographic Iines, floodway and floodfringe lines, streets, and other manmade or natural features associated with the site, with a north arrow and scale, and distances noted therein. (CITY USE ONLY) . Approved Denied Approved With Conditions Comments: Date Reviewed by: Dept of Community Development Staff (I copy to applicant; original filed in building permit file) 8196; 112002; tempprmt Phone ( ) CITY OF OSHKOSH TEMPORARY FOOD STAND GUIDELINES LICENSE REQUIREMENTS- The type of license required depends on the type of food that is sold or given away. Fee Menu Items $165 o Cooked & deep fried vegetables and fruits (including baked potatoes, French fries, mushrooms, broccoli, zucchini, apples, onions, onion blossoms) o Cheese curds - cooked o Corn dogs, Hot dogs, Hamburgers, Brats, Chicken patties, Tacos o Egg Rolls o Meat or vegetable pies: filled pastries, pasties, a Sweet corn - boiled or roasted o Salad bars & sliced fruits (and other foods not listed in this guide) sold by the portion. ♦ Bakery items: elephant ears, funnel cakes, pretzels (with or without topping), Belgium waffles, o Confectionery items: cotton candy, caramel corn, caramel apples, fudge, popcorn. o Cheese curds — fresh ♦ Drinks: lemonade, orange and apple juice, fruit drinks, soda ♦ Ice /Ice Cream: snow cones, slush puppies, siurpies, scooped or dipped cones, malts, sundaes, frozen novelties o Nachos - with or without topping Salad bars & sliced or whole fruit (and other foods not listed in this guide) sold by count, weight or volume. PLEASE NOTE We do not to honor licenses that have been Issued by other agencies within Wisconsin. (For example: if a temporary restaurant license is issued by the Neenah Health Department one weekend and the next weekend you come to Oshkosh, a new temporary license will be issued by our department). Each stand that you operate will be licensed separately. If a vendor has a current license from the Dept of Agriculture, we must issue you a City of Oshkosh Temporary Retail Food License. If you have a current license issued by the Oshkosh Health Division, please bring it along with you we maybe able to honor it. We will license you on site the day of the event. The following is a summary of requirements as required by the Wisconsin Food Code, Chapter 10. A copy of the food code can be obtained at: http' / /www Ieais state wi uslrsblcodelhfs /hfsl96 aw DEMONSTRATION OF KNOWLEDGE The person in charge or the employee (volunteer) shall be able to demonstrate the knowledge outlined in this document through food safety practices and /or answering food safety questions as they relate to their particular food operation. EMPLOYEE HEALTH Food employees shall not have any open cuts or sores, or diseases transmittable by food. Specifically, T:p i employees with a fever, diarrhea, vomiting, jaundice, sore throat with fever or with a lesion containing pus such as a boil or infected wound that is open or draining may not be involved in the preparation or serving of,�, a food. if a food employee has been diagnosed with a foodborne illness, they are not permitted to work at all. FOOD SOURCE: All foods must be from an approved source. Food prepared at home is not allowed. COLD STORAGE: Mechanical refrigeration units shall be provided to keep potentially hazardous foods at 41° F t COOKING. When cooking, potentially hazards foods must reach the internal temperatures required in the Wisconsin Food Code. Cook poultry & stuffed meats to 165° F, ground' raw beef to 155° F, whole fish fillets to 145° F, vegetables & commercially processed & packaged food to 135° F. Potentially hazardous foods must be maintained at 41° F or below before cooking. HOT HOLDING: Hot food holding units shall be used where necessary to keep potentially hazardous foods at 135° F or above. FOOD DISPLAY. All food shall be protected from consumer contamination by the use of packaging, food shields, display cases or other effective means. DRY STORAGE: All food, equipment, utensils and single service items shall be stored 6 inches above the ground or on pallets or shelving, and protected from contamination. ICE HANDLINGISTORAGE DRINK ICE: All ice intended for human consumption shall not be used for any other purpose. R "= STORAGE: All ice used for human consumption or cooling shall be stored off the floor and in a manner that prevents contamination from dust, splash, drainage or other contamination. FOOD- CONTACT SURFACES, CLEANING AND SANITIZING SINKS REQUIRED: Sink compartments must be sized to accommodate 54% of the largest utensil to be cleaned and sanitized in the sink k. When utensils are limited to tongs, spatulas and cutting boards, three dishpans of adequate size may be used for washing, rinsing and sanitizing. CLEANING PROCEDURE: Utensils and equipment must be washed after each use in the following manner: 1) Pre -wash (scrape and or soak), 2) Wash in good detergent, 3) Rinse in clean water, 4) Immerse in an approved sanitizer at the required strength and time, and 5) Air -dry. APPROVED TEST KIT An approved test kit for the type of sanitizer used must be available and used for checking the concentration of sanitizer solutions. HANDWASHING REQUIRED FACILITIES: When water under pressure is available, a single compartment sink with approved liquid waste disposal shall be provided for employee handwashing. When water under pressure is not available, handwashing facilities shall consist of a covered insulated container of at least five - gallon capacity with a non - self- closing spigot or valve that allows a continuous flow of water over the hands. There must be a large enough container to catch the handwashing wastewater so as not to create a hazard. SOAP AND TOWELS: All handwashing facilities shall have suitable hand soap and an adequate supply of single- service paper towels at all times. NO BARE HAND CONTACT WITH READY TO EAT FOODS: Food employees may not touch ready -to -eat food with their bare hands. Food employees shall us suitable utensils such as deli tissue, spatulas, tongs, single -use gloves or dispensing equipment when handling ready -to -eat food. HAND SANITIZERS: Can not be used in place of handwashing. Approved hand sanitizers may only be applied to hands that have been thoroughly washed. GOOD HYGENIC PRACTICES EATING, DRINKING & TOBACCO USE. Eating & tobacco use must be done only on employee's breaks. Areas designated for employees to eat, drink and use tobacco shall be located so that food, equipment, linens, and single- service and single -use articles are protected from contamination. After breaks employees must wash hands before returning to work. PERSONAL HYGIENE: Food employees shall have clean outer garments, effective hair restraints, maintain a high degree of personal cleanliness and conform to good hygienic practices while engaging in food preparation or service. 04 ' TF111=12MOMETERS REFRIGERATORS: Each cold storage unit for potentially hazardous food shall have a thermometer to accurately measure the air temperature of the unit. Refrigerators must be able to maintain a temperature of 41° F or below. Am METAL STEM THERMOMETER: A metal stem thermometer shall be provided where necessary to check the internal temperatures of both hot and cold food. Thermometers must be accurate to +/ -2° F, and have a minimum range of 0 - 220° F. UTENSILS AND EQUIPMENT CONSTRUCTION. All equipment and utensils, including plastic ware, shall be durable and easily cleanable. STORAGE: All utensils and equipment must be stored off the floor and in a manner that protects them from dust, spillage and drainage and other sources of contamination. SINGLE - SERVICE UTENSILS STORAGE. All single service utensils shall be stored in the original closed container or effectively protected from dust, insects and other contamination. DISPENSING: Unwrapped single - service straws, knives, forks, spoons,and toothpicks etc. shall be displayed, and dispensed so that contamination of food and lip surfaces is prevented. Unwrapped single - service articles shall be presented so that only the handles are touched by employees and customers. WATER SUPPLIES APPROVED SOURCE: All water use for food preparation, utensil cleaning and employee hand washing shall be from a safe approved source. HOT WATER: An electric or gas heating device is required to heat water for hand washing and utensil washing. An adequate supply of hot water shall be available. *WATER HOSES: All water hoses used to carry water for food preparation and hand washing purposes shall be constructed of food grade materials approved by USDA, FDA, and NSF. Hose connections must be elevated off the ground surface to prevent being submerged in contaminated water. *BACK FLOW PROTECTION: Water supplies that are connected to hoses shall be protected by an approved back - flow prevention device. WASTEWATER DISPOSAL WASTEWATER STORAGFJDISPOSAL: When an approved sewage collection system Is not available, each food booth shall provide a container of sufficient size for collection of liquid wastewater. Wastewater storage containers shall be emptied when necessary in to a sanitary sewer. If a public sewer is not available, wastewater disposal shall be at a location that will not create a fly, odor or nuisance problem GARBAGE AND REFUSE STORAGE: Garbage and refuse shall be kept in durable, disposable or cleanable, insect/rodent -proof containers that do not leak and do not absorb liquids. Containers used in food preparation areas and utensil washing areas shall be kept covered if not in continuous use. STAND CONSTRUCTION ROOF AND SIDEWALLS: Unless otherwise approved, a temporary restaurant may not operate without an approved roof and sidewalls. COOKING /SERVING AREAS: All cooking and serving areas shall be protected from contamination. Cooking /grill areas shall be roped off or otherwise segregated from the public. *FLOORS: Floors shall be maintained in sanitary condition. Dirt /grass floors shall be covered with plywood, which will provide protection from splash and dust. The use of sawdust or similar dust producing materials and cardboard is prohibited. *LOCATION: No temporary restaurant may be located within 100 feet of a barn or enclosure housing animals or other source of odors or flies. 3 m jL N Q Rt m m j 07 - 0 O N u j 'O O(D N ^ s: L- - 0 � N � a � � O_ Cu CU O � � N R5 RI C O U to to co a7 > C1) L as cn fi -p ? 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U cc z 0 ) w =w cn[]° ¢ O cu W a Cl) CL ��C6 Ow 00 U W W o. ¢ ___� O = z 3: CL z wN¢�'�LOONOO w0 wU U m°ad =U- - F CLU.LL. 0 =2Z =UflC.I 28 W CL � ❑ ❑ D O O ❑ ❑ ❑ ❑� = b1 tq 1 O CD co 0 U .� -Q o o 0-0 0 m •� s-- o o a ❑ oco `- o ol000mom �, ;ova a 0 co p O d 0 00 ac o LL Q j v .� 00 Z .n r ° cu O E ® ` m o w e O O O Q CO ®ICOL Co 0"D O7 •v c w . V C = od o a 0 O c LU WCO ° 2) c fq cc `gy - 0 U " � U C6 tQ w� ' m o sLR o E tC .�s �o�cBO. r: U- w l- LOLOto T T T V W w Z Q mF- =EY.1U z re d Y F- w CO a- co ��jr Lu Lu Y ` j 1�1 0 r V -j Q � Oo¢�"' 2U=? o'L � M T =o .a o o y- c -� o . y o- . O 0 'a co Z O N 1 o U C13 N cc 0- 0 0 Z CL 6 @ CD co 0 E E•, Z N 3(u o o o 0-0 0 m •� s-- o o a y o 0 o ol000mom �, O p O d 0 00 ac o U .E O 00 Z .n r ° cu 0 .a o o y- c -� o . y o- . O 0 'a co Z O N 1 o U C13 N cc 0- 0 0 Z CL 6 @ APPLICATION BY MUNICIPALITY FOR PERMISSION TO DETOUR STATE TRUNK HIGHWAY TRAFFIC DT1479 6/2007 (Replaces ET604) s.84.07(4) Wis. Stats. Tn- P1=( TRAFFIC SFCTl0N Wisconsin Department of Transportation Municipality - - - - -- - County Ci of Oshkosh Winnebago Area Code - Telephone Number E -Mail Address Name of Street(s) to be Closed Streets Closed Between (Street Name) ❑ STH FROM: ❑ USH TO: R OSE E) TFMPORARY ROUTE ❑ MAP ATTACHED Date and Duration of Detour Date: Time: a.m. to p.m. Reason Name and Address to Whom Permit wlll be Returned City of Oshkosh Department of Public Works 215 Church Avenue/ PO Box 1130, Oshkosh, WI 54903 The above municipality requests permission to close the marked route as described, during which time the municipality will provide temporary route as designated. The municipality agrees to accept the following terms and conditions: 1. The municipality shall provide a detour having structural, geometric and traffic control characteristics, which are acceptable to the Region. A detour map which provides street names shall be submitted. 2. The municipality shall furnish, erect and remove signs and markers at the sole expense of the municipality, unless provided for in (3), or unless directed by officers for short routes and short timeframe (less than 3 days). 3. A Detour and Traffic Control Plan shall be submitted to the Region for approval. An example is Standard Detail Drawing 15C2 -4C. 4. The municipality shall agree to minimize, as much as practicable, the duration of closure, including providing for assembly and dispersal of parades in areas removed from the state highway route. 5. The municipality shall accept full responsibility for any damage to local roads and streets resulting, from closure and detour. 6. The requester shall arrange for adequate traffic control from either WisDOT or the appropriate county, and provide documentation of enforcement coordination. 7. The requester shall notify all media, emergency services and schools, five (5) days prior to the detour. 8. Additional conditions: Attachments: [:]Yes ❑ No (Authorized Official Signature) (Title) (Date) Permission is granted to temporarily close the designated segment of state trunk highway and to provide a detour, subject to the stated conditions. (Permit Number) (Approved By) (Date) ( 0 OJHKOlH ON THE WATER MEMORANDUM DATE: September 3, 2009 TO: Honorable Mayor and Members of the Common Council . FROM: Mark A. Rohl off, City Manager �•'°� RE: Change Order 1 for Engineering Services Agreement — 400 Block East (Jefferson) Lot, Design and Construction Services / AECOM The City initiated a contract a few months ago with AECOM to provide design and construction - related services for the reconstruction of the 400 Block East (Jefferson) parking lot. As the project has progressed from design into construction, it has become clear that additional external (non -City) resources will be necessary for the City to complete this project successfully. Some of these areas of work include additional coordination with the Wisconsin Department of Natural Resources, outreach to affected property owners during the construction project, construction materials and testing services, and utility installation inspection services. In addition, there were several sets of plan and bid document . revisions which were needed in order to ensure that the design would result in favorable bids and a good construction schedule. Based on these reasons, it made sense to execute a change order to AECOM's scope of work to include these services. When Director of Transportation Christopher Strong presented to you an estimate for the total project cost at the July 28, 2009 Common Council meeting, the estimate assumed that a change order would be executed for AECOM's contract which would require additional funding from the project. The proposed fee for the change order is $44,000, bringing the total value of their contract to $110,259. Section 12- 10(D)(5) of the Municipal Code provides that professional services of a specialized nature, including engineering services, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with 12 -10(E) of the Code, I am hereby submitting this report regarding this contract award. Funds for these services are budgeted in the Property Improvements section of the 2009 CIP. Please contact me if you have any questions concerning this contract award. MAR/cks C: \Documents and Settings \jackiec \Local SettingsUemporary Internet Files \OLK146\AECOM 400 Block East 090309.doc CHANGE ORDER No. 1 A 558 North Main Street Oshkosh, Wisconsin 54901 -4925 T 920.235 -0270 F 920.235 -0321 TO: Christopher Strong — City of Oshkosh Transportation. Director FROM: Christopher L. Murawski, P.E. — Senior Project Engineer DATE: September 1, 2009 RE: East 400 Block Parking Lot Reconstruction — Change Order No. 1 AECOM submits this Change Order #1 for services beyond our original contracted scope provided during bidding and construction, as requested by the City of Oshkosh. Engineering Services — Design Revisions Some property owners in the project area would not provide a construction easement to allow improvements on their private land. Site grading was therefore redesigned to match grades at . the building to the property line for three individual properties. During: the bidding period, additional work was performed to include electrical plans for lighting, a restoration plan prior to landscaping, and additional coordination to revise bid quantities as a result of a request made by contractors during the pre -bid meeting. Engineering Services — Environmental Coordination A Notice of Intent (NOI) was prepared and transmitted to the Wisconsin Department of Natural Resources (WDNR) as part of AECOM's original contracted services. The WDNR then requested additional information related to environmental conditions and history of the site, prior to approving this NOI. AECOM contacted and corresponded with WDNR to define the extent of information needed, and then researched and provided this information to WDNR for eventual NOI approval. Construction and Materials Testing Services AECOM will provide the following testing services: on -site and laboratory concrete testing, laboratory testing of backfill materials, density testing of backfill around foundations for the tree trash enclosures and fencing piers, proof - rolling observations of compacted subgrade and base course, and density testing of the asphalt pavement to verify specified compaction requirements. Public Utility Installation Inspection Services AECOM will provide documentation and monitoring services for the installation of public sanitary and storm sewer, and associated private laterals. This will include day —to -day coordination and oversight of the contractor, observation of their means, methods and materials, trouble- shooting, and communicating with the design engineer for solutions to possible conflicts and unforeseen difficulties. Elevations and location of manholes and laterals will be collected for record documentation, and for pay item quantities. The inspector will also aid the contractor in locating existing active laterals using record information provided by the City of Oshkosh. The budget noted below allows for five weeks of construction observation on a full -time basis (40 hours per. week). The services described above will be provided on a time and materials basis in accordance with the terms of our original contract for the following. estimated fees: Description of Services Fee Engineering Services - Design Revisions $18,000 Engineering Services — Environmental Coordination $ 3,000 Construction and Materials Testing Services $10,000 Public Utility Installation Inspection Services (5 weeks) $13,000 Total $44,000 Original Contract $66,259 Revised Contract Total $110,259 We look forward to the successful completion to the construction phase of this project. If you have any questions regarding this change order or if you need additional assistance, please contact Christopher Murawski at (920) 236 -6714. Sincerely, AECOM Responsible for Payment and Accepted by: t Signature:. Christopher L. Murawski, P.E. Senior Project Engineef 4 Name (please print): /) At .L..L�-.-...� Mike Gatzow, P . Title (please print): Vice President Firm: Date: © AECOM 2009, ALL RIGHTS RESERVED 2