HomeMy WebLinkAbout11-302JULY 13, 2011
11 -302 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR CONTINUED USE
OF THE PLANNED DEVELOPMENT OF A LIMITED VENUE
FESTIVAL SITE AT THE SOUTHWEST CORNER OF
WASHBURN STREET AND RIPPLE AVENUE IN THE CITY OF
OSHKOSH AND TOWN OF NEKIMI
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit for the continued planned development of a limited venue festival
site at the southwest corner of Washburn Street and Ripple Avenue in the City of
Oshkosh and Town of Nekimi is hereby approved with the following conditions:
1) Annual preparation of a "Traffic, Pedestrian Safety, Security, and Lighting Plan ",
submittal of said plans to Oshkosh Chief of Police, and approval of said plans
annually by the Police Department with said plans being subject to reasonable
conditions of approval by the Police Department.
a. Said plans shall at the option of the Police Department require improved
shuttle access points and staging areas.
2) Annual preparation of a "Health Plan" and submittal to the City Health Division for
review and approval. The Health Plan shall be similar in nature to the "Traffic,
Pedestrian Safety, Security, and Lighting Plan ". The Health Plan shall be
submitted annually to the City Health Division with said plans being subject to
reasonable conditions of approval by the Health Division.
3) All plans shall be submitted sufficiently in advance so as to allow the respective
agency to complete their review and approval no later than March 15 of each
year.
4) The event organizer shall post a bond in an amount deemed sufficient by City
staff to ensure compliance with the plans or enter into separate agreement with
the City to compensate for public costs incurred.
5) Event grounds, including parking and camping areas, shall be monitored for
effuse, and appropriate means of continual collection of refuse shall be noted in
the Health Plan. The method and frequency of refuse disposal shall also be
noted.
July 13, 2011
11 -302 RESOLUTION
CONTD
6) All mud and debris tracked from the subject property to City right -of -ways shall
be removed within 24 hours of the end of the daily event. Failure to remove
debris may result in the City performing the work and charging those costs back
to the event organizer, property owner or both.
7) The approach /apron to the facility within the right -of -way is paved by 2012 no
later than May 30th. Plans and specifications, as well as the extent of the
paving, shall be approved by the Department of Public Works.
8) The City will re- review the terms and conditions of the conditional use permit as
needed to ensure public safety.
O.IHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Buric
Director of Planning Services
DATE: July 7, 2011
RE: Approve Conditional Use Permit for the Continued Use of the Planned Development of
a Limited Venue Festival Site at the Southwest Corner of Washburn Street and Ripple
Avenue in the City of Oshkosh and Town of Nekimi (Plan Commission recommends
approval)
BACKGROUND
In 2006, the Country USA event was relocated from the County's Sunnyview Park Grounds on the
northeast side of the City to the Ford Festival Park on the City's southwest side at the southwest corner
of Ripple Road and S. Washburn Street. The property containing the festival grounds is comprised of
approximately 270 acres of land owned by multiple owners and is located in both the City of Oshkosh
and Town of Nekimi with the vast majority of the subject properties located within the Town. At the
time the Conditional Use /Planned Development was granted, the Oshkosh Common Council placed a
condition upon its approval requiring the CUP/PD be reviewed to determine if any additional
conditions would be appropriate based on the experiences to date but not to revoke the CUP, which
actually expires in 2016, when a new CUP will have to be granted to continue operations in the City's
jurisdiction of the event.
ANALYSIS
The main intent of the review was to determine if any additional conditions are needed to improve the
safety of the event but not to revoke the activity from occurring. Over the past five years, the use has
been monitored and the City's Police Department and County Sheriff's Office have identified issues
they feel need to be addressed such as no dedicated pedestrian facilities within the right -of -way; no
barrier separating pedestrians from traffic; a lack of lighting within the right -of -way; speeds posted too
high for conditions; and a lack of law enforcement presence on the public roadways. The overall
operation of the use has been consistent with the Zoning Ordinance but to address the concerns of the
Police and Sheriff's offices, several meetings were held between staff and the operator of the festival
and an agreement was reached to implement a safety improvement plan including providing lighting
on S. Washburn Street along the frontage of the festival grounds, reducing speeds during events,
utilization of temporary message boards, enhanced law enforcement presence, and paving the
approach/apron to the facility by 2012. Physical improvements to the Washburn Street right -of -way
are impractical ahead of a full reconstruction of the road and the recommended conditions generally
relate to interim safety concerns with costs to be reimbursed by the property owner and event
organizer.
This item was laid over from the Plan Commission meeting of June 21, 2011 to provide an opportunity
to review the additional safety measures that were implemented for the event and determine whether
they were sufficient. There were no vehicular /pedestrian incidents on Washburn Street even though
satellite parking lots were at capacity due to weather conditions. The safety measures implemented
appeared to be successful however additional temporary lights would further enhance safety on
Washburn Street and a temporary visual barrier utilizing orange traffic barrels was suggested to more
clearly define the pedestrian and vehicle traffic lanes. Shuttle access and a turnaround on the grounds
would also enhance safety issues. Staff is recommending approval of an annual "Traffic, Pedestrian
Safety, Security, and Lighting Plan" as well as a "Health Plan" to be submitted by the event organizer
by March of each year for review by Police and Health staff.
Short term physical improvements that staff is currently investigating involve installation of a 5 -10
foot wide side path on the far side of the ditch line and possibly street lighting along the stretch. If the
City were to have WPS install street lights, with standard 300 foot spacing, the annual energy cost
would be approximately $11,000 which would fluctuate depending on energy costs. Staff is also
exploring whether the City could install their own street lights with a separate meter system where the
lights could be turned on only when needed for the events.
FISCAL IMPACT
Public service costs are reimbursed by the event's organizer through agreements between emergency
service providers and the city. If the City were to have WPS street lights installed, the annual cost
would be about $11,000. According the Convention and Visitors Bureau, last years Country USA
event had an estimated $23 million impact on the local economy which should be increased this year
with the addition of Rock USA.
RECOMMENDATION
The Plan Commission approved of this request at its July 5, 2011 meeting.
Approved,
City Manager
ITEM: REVIEW OF A CONDITIONAL USE/PLANNED DEVELOPMENT FOR A
LIMITED VENUE FESTIVAL SITE LOCATED AT THE SOUTHWEST
CORNER OF RIPPLE ROAD AND S. WASHBURN STREET
This item has been laid over from the June 21, 2011 Plan Commission meeting in part to
determine the effectiveness of some of the new safety measures being implemented at the site in
cooperation with the local law enforcement and event organizers. Since that layover, Country
USA has held their event.
Plan Commission meeting of July 5, 2011
GENERAL INFORMATION
Applicant: City Administration on behalf of Dan Liebhauser, Country USA
Property Owner: Thomas Rusch & Richard Gabert
Action(s) Requested:
City administration is requesting review of a Conditional Use/Planned Development granted on
July 26, 2005 for a limited venue festival site (Ford Festival Park) located in the City of Oshkosh
and Town of Nekimi with ingress /egress, parking and camping uses located within the City portion
of the site.
Applicable Ordinance Provisions:
Outdoor entertainment uses are permitted through a Planned Development in the M -1PD Light
Industrial District with Planned Development as regulated in Section 30 -28 of the Zoning
Ordinance. Criteria used for Conditional Use Permits are located in Section 30 -11 and criteria for
Planned Developments are located in Section 30 -33 of the Zoning Ordinance.
Property Location and Background Information:
In 2006, the Country USA event was relocated from the County's Sunnyview Park Grounds on the
northeast side of the City to the Ford Festival Park on the City's southwest side at the southwest
corner of Ripple Road and S. Washburn Street. The property containing the festival grounds is
comprised of approximately 270 acres of land owned by multiple owners and is located in both the
City of Oshkosh and Town of Nekimi with the vast majority of the subject properties located
within the Town. At the time the Conditional Use /Planned Development was granted, the
Oshkosh Common Council placed a condition upon its approval requiring the CUP/PD be
reviewed to determine if any additional conditions would be appropriate as dictated in Section 30-
11(D) of the Zoning Ordinance including that the use:
(1) Will not have a negative effect upon the health, safety, and general welfare of occupants of
surrounding lands; and
(2) Will be designed, constructed, operated, and maintained so as to be harmonious, and be appropriate
in appearance with the existing or intended character of the general vicinity, and that such a use will
not change the essential character of the same area; and
(3) Will not be hazardous or disturbing to existing or future neighboring uses; and
(4) Will not be detrimental to property in the immediate vicinity or to the community as a whole; and
(5) Will be served adequately by essential public facilities and services such as highways, streets,
police and fire protection, drainage structures, refuse disposal and schools and that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such service; and
(6) Will have vehicular approaches to the property which shall be so designed as not to create an
interference with traffic on surrounding public streets, alleys, roads, or sidewalks
Attached, is a copy of Resolution 05 -231 approving the CUP /PD with conditions. This review
satisfies the requirements of Condition 3.
The main intent of the review was to determine if any additional conditions are needed to improve
the safety of the event given the high volume of users at the grounds but not to revoke the activity
from occurring, which occurs in 2016 when the CUP expires and will have to be re- issued for the
event.
Subject Site
Existing Land Use Zonin
Outdoor Festival Grounds M -1PD w /Hwy 41 Overlay
Adiacent Land Use and Zoning
Existin Uses
Zonin
North
Private RV Park and Vacant Commercial
M -1PD w /Hwy 41 Overlay
South
Agricultural
M -1
East
Highway 41 - Commercial
A -1 Agribusiness (County) & M-
1 PD w /Hwy 41 Overlay
West
Agricultural
A -1 Agribusiness (County)
Comprehensive Plan Land Use Recommendation Land Use
10 Year Land Use Recommendation Industrial
20 Year Land Use Recommendation Industrial
ANALYSTS
Over the past five years since the Conditional Use Permit/Planned Development was granted, the
use has been monitored and the City's Police Department and County Sheriff s Office have
identified the following issues they feel need to be addressed:
(1) No dedicated pedestrian facilities within the right -of -way. The high volume of walkers
must travel on the roadway shoulder or in the ditch.
(2) No barrier separating pedestrians from auto traffic.
(3) There is a lack of lighting within the right -of -way making a dark and unsafe pedestrian
environment, especially when combined with the items above.
(4) Speeds are posted too high for conditions and actual traffic speeds tend to exceed posted
limits, especially at the release of event goers in the evenings.
(5) There is a lack of law enforcement presence on the public roadways near the park. This
exasperates the other issues as the problem event goers are left unchecked.
Item — Ford Festival Park CUPPD Review
The overall operation of the use has been consistent with Section 30 -11(D) of the Zoning
Ordinance as listed above but the concerns of the Police and Sheriff s need to be addressed as they
specifically conflict with CUP /PD criteria. To this end, several meetings took place between City
and County staff and the operator of the festivals at the Ford Festival Park at which agreement was
reached to implement a safety improvement plan that includes measures such as:
(1) Provide additional lighting on South Washburn Street along the frontage of the festival
grounds property to increase visibility and safety to pedestrians and motorists.
(2) Temporarily reduce speed limits to 25 mph to help calm traffic by simply covering existing
signs or putting up new ones during events.
(3) Caution lighting in the form of temporary message boards are utilized to help inform
motorists of the speed limit and to designate that pedestrians will be present.
(4) Enhanced law enforcement presence by adding two extra patrols to be used as pedestrian
and traffic regulators.
(5) The approach/apron to the facility within the right -of -way is paved by 2012.
2011 Country USA Enhanced Safety Measures Experience
City and County staff have had a chance to review the additional safety measures that were
implemented for the CUSA event and determine whether they have been sufficient or whether
further enhancements need to be implemented. This year's event was a bit extraordinary because
the heavy rains made the parking areas almost all inaccessible resulting in a high number of
vehicles parking off site resulting in higher levels of pedestrian traffic utilizing Washburn Street,
Ripple Avenue, and Fisk Avenue. The par 3 golf course operated at or near capacity as did other
parking lots along Washburn Street as well as other satellite parking lots in the Town. It should
be noted that only the par 3 golf course is operating under a CUP for temporary parking, the
other parking occurring in the City is located on developed parking lots requiring no additional
City permit reviews.
According to Oshkosh Police Department (OPD) there were no vehicular /pedestrian incidents on
the Washburn Street right -of -way. The enhanced police presence, coupled with the additional
temporary lighting, and reduced speed limits is thought to have helped. OPD is currently
evaluating whether additional police and pedestrian patrols are needed to further increase safety
and /or additional temporary lighting is needed. OPD has stated that there is a dark spot at the
entrance of the par 3 golf course and the City will be requesting to update the CUP to require the
additional lighting in that location. To further enhance safety and as an interim measure until
street improvements are made, OPD is requesting some type of temporary visual barrier between
the pedestrians and vehicles by using the orange traffic barrels similar to what is used on road
construction projects. The thought is that barrels will help to more clearly define the pedestrian
and vehicle traffic lanes, which can be accomplished for $1,00042000 per event.
OPD believes the additional lighting has been effective and also believes that an additional 5 -7
temporary lights would further enhance safety in the Washburn Street area. This however will
not address the lighting along Fisk and Ripple Avenues which are under jurisdiction of the
Town/County and will be discussed as part of their own safety improvement plans.
Shuttle access and turnaround on the grounds will also help to improve safety and circulation and
will possibly require some physical improvements at the site to implement. Staff is
Item — Ford Festival Park CUPPD Review
recommending that shuttle access and turnaround be included in any improvement plan being
approved by OPD.
Longer term improvements would involve a full reconstruction of Washburn Street that could
include more vehicular lanes, curb and gutter, terraces, streetlights, and sidewalks which could
approach $2 million that would have to be assessed to adjacent property owners or picked up by
the city as a whole. Shorter term improvements being considered are installation of a side path
outside of the ditch line away from the street. This would clearly separate the pedestrian and
vehicular traffic and would be consistent with the City's proposal for improvements in the draft
Pedestrian and Bicycle Plan. Installation of street lights could be considered and that annual cost
to the City would be about $11,000 (assuming 300 foot separation) and would fluctuate based on
electricity costs. The City had inquired if the lights could be used seasonally but was informed
by WPS that this could not be done.
Staff is once again recommending approval of the CUP for the site with several conditions
related to improving safety of the event and that these additional public costs be compensated by
the event's organizer, which has actually instituted a new policy of requiring "safety wristbands"
for everyone entering the grounds to encourage the use of the on -site parking facilities. The cost
for these bands in 2011 is $5 for anyone not buying the $15 one -day parking pass.
As such, the conditions being recommended are in keeping with Winnebago County's CUP
issued for the event to further consistency of health and safety management between the
City /Town/County for events held at the festival grounds.
RECOMMENDATION /CONDITIONS
Staff recommends approval of renewing the Conditional Use Permit/Planned Development for
the limited venue festival subject to the following conditions:
(1) Annual preparation of a "Traffic, Pedestrian Safety, Security, and Lighting Plan ",
submittal of said plans to Oshkosh Chief of Police, and approval of said plans
annually by the Police Department with said plans being subject to reasonable
conditions of approval by the Police Department.
a. Said plans shall at the option of the Police Department require improved
shuttle access points and staging areas.
(2) Annual preparation of a "Health Plan" and submittal to the City Health Division
for review and approval. The Health Plan shall be similar in nature to the
"Traffic, Pedestrian Safety, Security, and Lighting Plan". The Health Plan shall
be submitted annually to the City Health Division with said plans being subject to
reasonable conditions of approval by the Health Division.
(3) All plans shall be submitted sufficiently in advance so as to allow the respective
agency to complete their review and approval no later than March 15 of each
year.
(4) The event organizer shall post a bond in an amount deemed sufficient by City
staff to insure compliance with the plans or enter into separate agreement with the
City to compensate for public costs incurred.
(5) Event grounds, including parking and camping areas, shall be monitored for
Item — Ford Festiva[ Park CUPPD Review
refuse, and appropriate means of continual collection of refuse shall be noted in
the Health Plan. The method and frequency of refuse disposal shall also be noted.
(6) All mud and debris tracked from the subject property to City right -of -ways shall
be removed within 24 hours of the end of the daily event. Failure to remove
debris may result in the City performing the work and charging those costs back
to the event organizer, property owner or both.
(7) The approach/apron to the facility within the right -of -way is paved by 2012 no
later than May 30th. Plans and specifications, as well as the extent of the paving,
shall be approved by the Department of Public Works.
(8) The City will re- review the terms and conditions of the CUP as needed to insure
public safety.
The Plan Commission approved of the renewing of the conditional use permit/planned
development as requested with conditions noted. The following is the Plan
Commission's discussion on this item.
City administration is requesting review of a Conditional Use /Planned Development granted on
July 26, 2005 for a limited venue festival site (Ford Festival Park) located in the City of Oshkosh
and Town of Nekimi with ingress /egress, parking and camping uses located within the City portion
of the site. This item has been laid over from the June 21, 2011 Plan Commission meeting in part
to determine the effectiveness of some of the new safety measures being implemented at the site in
cooperation with the local law enforcement and event organizers. Since that layover, Country
USA has held their event.
Mr. Burich presented the item and reviewed the site and surrounding area and discussed some of
the enhanced safety measures implemented at this year's event. He stated that staff was proposing
to add more conditions to the CUP/PD to provide the Police Department with more ability to have
input for the operation of the festival. He reviewed the original site plan for the festival grounds
and reviewed the recommended conditions for this request which were intended to help to increase
safety at the site and were the same conditions imposed by the Town of Nekimi and Winnebago
County.
Scott Greuel, Chief of Police, discussed this year's event and stated that the increase lighting on
Washburn Street, the additional police presence, and the reduced speed limit all helped in the
effort to make the situation safer for event attendees. He also commented that they have made
recommendations for improvements for future events at the site.
Officer Harris, Oshkosh Police Department, stated that he worked at the event this year and felt
that the increased pedestrian officer patrols were effective and helped to keep pedestrians off the
roadway and the reduced speed limits were also effective. He discussed the environmental
conditions due to the excess rain that week and stated that officers escorted shuttle buses to the
grounds. He felt that additional lighting to the south of the site on Waukau Avenue would be
beneficial and reflective material on clothing or other items would assist in making pedestrians
more visible.
Mr. Thorns inquired when the reduced speed limits went into effect during the event.
Item — Ford Festival Park CUPPD Review
Officer Harris responded that the reduced limits were in effect on Tuesday morning and revised
signs were placed over the existing ones. He felt that different colored signs may be more
effective or flashing signs could be used.
Mr. Thorns questioned how many pedestrians were utilizing the area that Officer Harris felt
required additional lighting.
Officer Harris replied that several hundred pedestrians passed through it.
Mr. Thorns stated that a separation of pedestrians from traffic was necessary and questioned if a
side path for this use would be effective.
Chief Greuel replied that any type of separation would be helpful and improving the infrastructure
of the roadway would be the best solution. He reviewed some of the barrier options available and
stated that some of them would not be cost effective and some are movable objects which could
create other hazards. A pathway for pedestrians would be more effective and enhanced lighting
would be the most beneficial improvement.
Mr. Thorns questioned the number of pedestrians using Ripple Avenue.
Officer Harris estimated 1000 or more pedestrians utilized this street although most event
attendees exited on Washburn Street some exited from supplemental gates on Ripple Avenue.
This area was not in the City's jurisdiction.
Mr. Hinz inquired if the majority of foot traffic exiting on Washburn Street headed to the north.
Officer Harris responded that most of them do however some travel south to parking lots located
off of Fisk Avenue.
Mr. Hinz questioned if traffic was directed in a one -way pattern when the event concludes and if
the reduced speeds created more pedestrians crossing the road.
Officer Harris replied that vehicles traveling north out of the grounds have one lane of traffic and
vehicles traveling south have two lanes and the reduced speeds did not appear to increase incidents
of pedestrians crossing the road.
Mr. Hinz discussed the use of buses or shuttles on Washburn Street, if reflective wrist bands were
useful, or any temporary flashing hardware that could be installed on the speed limit signs to draw
attention to them.
Chief Greuel stated that digital display boards were utilized however they interfered with traffic on
USH 41 and he felt that notifying the public to be more aware of the visibility issues would be
beneficial. The use of reflective items would be helpful but the increased lighting discussed was
the most important factor.
Mr. McHugh inquired where the speed limit reduction was located.
Item — Ford Festival Park CUPPD Review
Chief Greuel responded that it was reduced the entire length of Washburn Street from State Road
44 to 26 and increasing the amount of signage would help as well as pre- advertising that speed
limits would be reduced in the area.
Mr. McHugh also questioned if standard signs were used and if auxiliary police were utilized.
Chief Greuel responded affirmatively and stated that the current signs were changed but we could
use more and auxiliary police were utilized during the event.
Mr. McHugh commented that there appeared to be a lack of willingness to install street lights out
there and felt that the city should find funding to do it.
Mr. Borsuk questioned the effectiveness of the reflective wrist bands and if the fencing along USH
41 is high enough to deter pedestrians from attempting to cross the highway.
Chief Greuel replied that the reflective bands were very effective as well as other reflective items
but increased lighting was still necessary in the area. Fencing limitations may have certain
requirements along USH 41 and he did not know how high it would have to be to deter someone
from this action.
Mr. Borsuk voiced his concern regarding the protection of the navigable stream on the site and
questioned if there was an erosion control plan in place.
Mr. Gohde explained that an erosion control plan was not necessary under this circumstance and
conditions were different this year than others due to the weather conditions.
Mr. Thorns questioned why street lights could not be installed and only utilized on a temporary
basis.
Chris Strong, Director of Transportation, explained that the temporary use was not allowed due to
Wisconsin Public Service Corporation's policy and an alternative method was available where the
City would handle more of the responsibility and the costs would be higher to install, but could be
used on a temporary basis. Lighting placed 300 feet apart should be adequate to address the issue.
Mr. Thorns then questioned how to get the Town of Nekimi to install lighting as well.
Mr. Burich responded that the City does not have control of the right -of -way in the Town.
Mr. Thorns suggested that side paths should be constructed until the road reconstruction takes
place and questioned if there would be issues with the right -of -way.
Mr. Gohde replied that there is a reasonable distance off the right -of -way but could not be definite
about whether there was room for the suggested side path and it may not be wide enough to handle
the amount of pedestrians utilizing it.
Mr. Burich added that the side path was related to the city internally and whether there was
funding for it which is currently being explored.
Item — Ford Festival Park CUPPD Review
Mr. Thorns stated that it would be a temporary fix until the road was reconstructed and questioned
how the City would address it.
Mr. Burich responded that the funding would have to be budgeted in the Capital Improvement
Program (CIP) and the City was considering its options.
Mr. Cummings commented that the city has limited resources and the suggestions for
improvements all have price tags for which there is no money in the budget to cover. He further
commented that once the improvements are made, there is no guarantee that the event will remain
in the city.
Mr. McHugh discussed the road surfaces installed at OshVegas Palms Resort adjacent to this site
and the muddy conditions that existed this year on the festival grounds. He felt we have to lean on
the promoters or come up with some funding to prevent the event from moving to another location
as changes need to be made.
Mr. Borsuk commented that the conditional use permit was in place until 2016 however the
property owner has the ability to withdraw the use of the site if a better offer comes along.
Mr. Hinz questioned if the promoter felt the wrist bands were effective.
Dan Liebhauser, promoter for the event, replied that this was difficult to ascertain as the weather
made things unusually difficult this year but the number of bands sold exceeded their expectations.
The amount of rain made the parking situation problematic and they were considering adding a
reflective coating to the wrist bands which he felt were successful and will use that program again
for future events. He further stated that they were in line with the Oshkosh Police Department and
understood the safety concerns on Washburn Street. It was additional costs for them but it all
made sense as each element helped this year and other businesses could help cover the costs but
the expense was worth it to have event attendees safe. He suggested that distribution of
information regarding some of the safety measures could be helpful and use of their website and
mailings could address some of the issues. Public service announcements may also be helpful.
Mr. Hinz commented that there was some backlash regarding the wrist band fees and suggested
that the fee could be added to the ticket price.
Mr. Liebhauser replied that they were not selling the wrist bands for profit but to attempt to deter
pedestrians from parking elsewhere and walking down the road to the festival grounds and he was
not sure at this time how it will be administered next year.
Mr. Hinz discussed the conditional use permits granted to OshVegas and the Par 3 Golf Course
and if it had a detrimental effect on the event.
Mr. Liebhauser responded that the satellite parking lots are going to operate however he felt they
should be sharing in the costs for the safety enhancements.
Ms. Propp questioned if the promoter had reviewed the conditions recommended for this request
and if he found them satisfactory.
Item — Ford Festival Park CUPPD Review
Mr. Liebhauser replied that he was agreeable to the recommended conditions but stated that he was
not sure why the City was requesting that he post a bond for the event as there have never been any
issues with his cooperation with the City, Town, or Winnebago County. He added that it can be
worked out.
Marty Schibbelhut, owner of OshVegas Palms Resort, 3911 S. Washburn Street, stated that he
does not want to see Country USA relocate as it is great for Oshkosh and the Highway 41 corridor
but he felt that the promoters do not want to work with businesses around the event site. He
believed that twin layers of fencing along the road could be used to separate the pedestrians from
the traffic however the promoters do not want to pay the costs for this installation. He added that
he was required to install hard surface roadways in his campground although the festival site has
yet to be required to make that improvement on their grounds and he believed that the promoters
dictate to the City how things get handled for the event. He worked with the Oshkosh Police
Department who he felt did a great job but felt it was unfair that there was no washing stations on
the festival grounds and event attendees used his facilities instead. He further stated that the wrist
band program utilized this year was just a money making play on the part of the promoters.
Ms. Propp questioned if the conditions recommended for this request were similar to the Town and
Winnebago County's conditions, will the government entities work together on this effort and
suggested a joint meeting should be held.
Mr. Burich responded that the Oshkosh Police Department, Winnebago County Sheriff s
Department, and the State Patrol already hold meetings on the matter to discuss issues.
Mr. Cummings inquired if condition #3 requiring the annual preparation plans be reviewed and
approved no later than March 15 should include a required date for the plans to be submitted.
Mr. Burich replied that the condition could be amended to include a submittal deadline if
Commission members felt it necessary.
Chief Greuel added that they will be contacting Mr. Liebhauser by September or October
regarding the review of an operational safety plan for 2012 and he felt the condition was adequate
as written.
Mr. Borsuk suggested that the Commission could conduct another review after the season is
complete for 2011 or review the request again in 6 -9 months. He felt it may be wise to lay the
item over until that time.
Mr. Thorns stated that once the request has been approved, it will not be reviewed again for
another five years and Rock USA was still an upcoming event. He felt that plans for
improvements could be addressed in the Capital Improvement Program regardless of the fact that
there is no guarantee that the event would remain in Oshkosh after the CUP expires. He also
commented that the EAA grounds are not all paved and that steps were taken this year to improve
the situation however he would rather see a review process for this event.
Mr. Fojtik questioned if a review could be become an annual process for this request.
Item — Ford Festival Park CUPPD Review
Mr. Burich responded that the conditions recommended for this request address the safety
concerns raised and provides the Police Department with the necessary authority to review the
annual plan for the event and they are most aware of what needs to be addressed. He added that
the discussion regarding the construction of side paths or installation of lighting in this area is a
City issue that is not part of this request.
Mr. Thorns inquired if the Plan Commission could make a recommendation to the Common
Council for CIP funds to be allocated for improvements in this area.
Mr. Burich replied that improvements to the Washburn Street area infrastructure is outside the
boundaries of the CUP/PD request and was a budget related matter for the City.
Mr. Steve Cummings commented that with limited funding for the City, projects must be
prioritized.
Mr. Burich stated that he felt it was appropriate to rely on the Police Department to ascertain
whether the approval of an annual plan was effective.
Mr. Hinz commented that he understood the concerns regarding holding off on the approval of this
request however the Police Department was working with the promoter and area businesses on the
matter and condition #8 provides the City with the ability to re- review the request as needed so he
did not feel an annual review would be required.
Mr. Burich added that we will not know the effectiveness of an annual plan until next year and if
weaknesses are discovered, requirements could be adjusted on an annual basis to address issues.
The CUP expires in 2016 and there were other options to be explored relating to improvements in
that time.
Motion by Thoms to approve the renewal of the conditional use permit /planned
development for a limited venue festival site located at the southwest corner of Ripple Road
and S. Washburn Street with the following conditions:
(1) Annual preparation of a "Traffic, Pedestrian Safety, Security, and Lighting
Plan ", submittal of said plans to Oshkosh Chief of Police, and approval of said
plans annually by the Police Department with said plans being subject to
reasonable conditions of approval by the Police Department.
a. Said plans shall at the option of the Police Department require improved
shuttle access points and staging areas.
(2) Annual preparation of a "Health Plan " and submittal to the City Health Division
for review and approval. The Health Plan shall be similar in nature to the
"Traffic, Pedestrian Safety, Security, and Lighting Plan". The Health Plan shall
be submitted annually to the City Health Division with said plans being subject to
reasonable conditions of approval by the Health Division.
(3) All plans shall be submitted sufficiently in advance so as to allow the respective
agency to complete their review and approval no later than March 15 of each
year.
(4) The event organizer shall post a bond in an amount deemed sufficient by City staff
to insure compliance with the plans or enter into separate agreement with the
Item — Ford Festival Park CUPPD Review 10
City to compensate for public costs incurred.
(5) Event grounds, including parking and camping areas, shall be monitored for
effuse, and appropriate means of continual collection of refuse shall be noted in
the Health Plan. The method and frequency of refuse disposal shall also be
noted.
(6) All mud and debris tracked from the subject property to City right -of -ways shall
be removed within 24 hours of the end of the daily event. Failure to remove
debris may result in the City performing the work and charging those costs back
to the event organizer, property owner or both.
(7) The approach/apron to the facility within the right -of -way is paved by 2012 no
later than May 30th. Plans and specifications, as well as the extent of the paving,
shall be approved by the Department of Public Works.
(8) The City will re- review the terms and conditions of the CUP as needed to insure
public safety.
Seconded by Vajgrt. Motion carried 9 -0.
Item — Ford Festival Park CUPPD Review 11
JULY 26, 2005 05 -231 RESOLUTION
(APPROVED 7 -0 LOST LAID OVER WITHDRAWN }
PURPOSE: GRANT CONDITIONAL USE PERMITS /APPROVE FINAL
PLANNED DEVELOPMENT:
A) 110 ALGOMA BOULEVARD
CORNER, S:.. WASHBURN .:STREET;:AN.D�W -RIP.P.LE4.
A17E'N U E
INITIATED BY: A) DAVID LINTZ & LUCINDA VETTE, PETITIONERS
S }_iC,OaJNTRY USA; `PETITIO'NER
PLAN COMMISSION RECOMMENDATION: All found consistent with Standards set forth in
Section 30 - 11(D) of the Zoning Ordinance and approved w /conditions as noted
BE IT RESOLVED by the Common Council of the City of Oshkosh that
conditional use permits are hereby granted for the following properties under Section
30 -11 of the Oshkosh Zoning Ordinance, and that said permits are granted with
conditions, if any, as noted for each respective property, and the Planned District
Overlay and final development plans, per the attached exhibits, are hereby approved.
A) 910 Algoma Blvd.; David Lintz & Lucinda Vette, petitioners
A conditional use permit to allow a mixed use commercial / residential development, per
the attached "Exhibit A ", with the following conditions:
1) Evidence of parking availability for residential units be submitted to the
Department of Community Development by the petitionerlowner prior to
occupancy permits being granted for the residential uses.
2) The dumpster area be screened with screening materials to be approved by the
Department of Community Development.
B) SW Corner, S. Washburn Street and W. Ripple Avenue; Country USA,
petitioner
A conditional use permit for a planned development to allow a limited venue festival site
located in the City of Oshkosh and Town of Nekimi with ingresslegress, parking, and
camping uses located within the City portion of the site, per the attached "Exhibit B ",
with the following conditions:
1) Three events are allowed per calendar year not to exceed 7 days in duration for
any one event.
2) The CUP /PD for use of the site for festival and concert events expires in 2016.
4A
JULY 26, 2005 05 -231 RESOLUTION
CONT'D
S. Washburn Street and W. Ripple Avenue (cont'd)
3) The CUPIPD will be reviewed two years after the initial use of the site by the
Country USA event to determine if any additional conditions are required
consistent with Section 30 -11(D) of the Zoning Ordinance regarding standards of
issuance of Conditional Use Permits prior to the third Country USA event being
held.
4) A base standard modification is granted to allow a portion of the driveway to
remain unpaved with final determination of the extent of paving to be approved
by the Dept. of Community Development.
5) A grading and drainage plan be approved by the Department of Public Works for
any grading activities in the City portion of the site.
6) A base standard modification be granted to allow unpaved parking in accordance
with the submitted site plan.
7) Other than use of the site 7 days prior, and 7 days after an event, no open
storage-of festival related items in the identified parking or camping areas.
DISCLAMER
This reap is neither a legally recorded map nor
a survey and It is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be usedfor reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh. .
Proposed Country USA
Festival- Site
City of Oshkosh and
Town of Nekimi
City of Oshkosh Wisconsin
Community Development
1000 Feel
Created by- dpb 6120105
NEWS RELEASE
6 -1 -11
Country USA, Inc., Rock USA, Inc., The Oshkosh Police Department and Winnebago
County Sheriffs Department have expressed serious concerns regarding the safety of
increasing high -risk pedestrian traffic on Washburn Avenue, (the frontage road). To
underscore the problem, it was noted that a pedestrian was injured by a hit and run
driver at last year's Country USA Festival.
In an effort to keep concert fans safe, Country USA, Inc. and Rock USA, Inc. will
implement a new policy for this year's festivals. Everyone attending the festivals
will be required to have one of three wristbands to enter the actual concert
grounds:
1. Camping Wristband.
2. VIP Wristband.
3. Safety Band. This new wristband has been created by Country USA and
Rock USA in an attempt to reduce pedestrian traffic on Washburn Avenue
for safety reasons.
The Safety Band will be given out free upon purchasing a festival parking pass. Limit is
8 bands per vehicle, one parking pass per vehicle. A different color Safety band will be
given out each day. Anyone entering the grounds on foot will be required to purchase a
Safety Band for $5.00 per person. Again, the Safety Band will be given out free upon
purchasing a festival parking pass. The purpose of the Safety Band is to encourage
festival patrons to park in the safest location which Country USA believes to be the
festival grounds.
In 2010 Country USA created a safe turn - around for pedestrian drop offs but this turn-
around was used by less than 20 vehicles over the 5 days. We do realize this will be an
inconvenience for the very few that used the turn - around, however safety is our number
one concern and we will not allow exceptions.
If you have any questions about the new Safety Band policy, please feel free to call the
Starshow Ticket Center at 920 -882 -4944.
E -mail: dan- liebhauser@newsr_com
Telephone: 920 882 -4944 Fax: 920 882 -4948 Cell: 920 427 -5816
Address: 2065 American Drive, Suite A, Neenah, WI 54956
'.12
SoLm RccK. No Luvurs.
CUP /PD REVIEW HILDEBRAND DENNIS /GLORIA
LIMITED VENUE FESTIVAL 2146 CLAY RD
SITE -S WASHBURN & W RIPPLE OSHKOSH WI 549040000
PC: 06 -21 -11
RIPPLE ACRES LLC
5700 COUNTRY CLUB RD
OSHKOSH WI 549020000
OSHVEGAS PALMS RESORT LLC
1077 MEADOW LN
FOND DU LAC WI 54935
RUEDINGER TRUST CATHERINE
PO BOX 368
WINNECONNE WI 54986
KALHAGEN PROPERTIES LLC
4349 ACKER RD
MADISON WI 53704
RUSCH THOMAS
GABERT RICHARD
PO BOX 3808
OSHKOSH WI 549033808
FOUST JEFFREY L
2852 CLAIRVILLE RD
OSHKOSH WI 549040000
POWELL LLC /LC
3952 COUNTY RD N
OSHKOSH WI 549040000
OSHKOSH CORP
PO BOX 2566
OSHKOSH WT 549032566
JONES JEFFREY /TAMMY
2415 W RIPPLE AVE
OSHKOSH WI 549040000
COUNTRY USA
ATTN DANIEL LIEBHAUSER
2065 AMERICAN DR STE A
NEENAH WI 54956
JONES SCOTT /KRISTI
2180 CLAY RD
OSHKOSH WI 549040000
JSC ACRES /SCJ ACRES LLC
1426 OAK ST
OSHKOSH WI 549010000
PAPENFUSS DANIEL /LACY
7095 COUNTRY CLUB RD
OSHKOSH WI 549020000
DW CENTURY FARM LLC
5700 COUNTRY CLUB RD
OSHKOSH WI 549020000
FOURNIER SYLVIA S
3962 W FISK AVE
OSHKOSH WI 549040000
Pl'1
DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
LIMITED VENUE
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This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
LIMITED VENUE
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DISCLAIMER
This map is neither a legally recorded map nor
survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
ie area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
wnsible for any inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
LIMITED VENUE O
FESTIVAL SITE N Q rHKQfH
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City of Oshkosh
Department of
Scale: 1 — 1 000' Community Development
Created by - dff 06/07/111