HomeMy WebLinkAbout21. 13-180
R E V I S E D
MARCH 26, 2013 13-151 13-180 PENDING
APRIL 9, 2013 RESOLUTION
(CARRIED__6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVAL OF SPECIAL EVENT / WATERFEST, INC / UTILIZE
LEACH AMPHITHEATRE FOR WATERFEST CONCERT SERIES /
JUNE 20, 2013 THROUGH AUGUST 29, 2013 (THURSDAY
EVENINGS)
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the City of Oshkosh has received a special event application from
Waterfest, Inc. to use the Leach Amphitheatre for its Waterfest concert series on Thrusday
evenings from June 20 through August 29, 2013; and
WHEREAS, Waterfest, Inc., through the attached letter, has requested that beer
and wine sales and amplified music at the Waterfest series be extended to 11:00 p.m.; and
WHEREAS, the City of Oshkosh has adopted ordinances limiting the sale of beer in
a park after 9:00 p.m. except when an extension is granted by the City Council; and
WHEREAS, the City of Oshkosh has adopted a noise ordinance limiting the amount
of noise at a property line; and
WHEREAS, the regulation of noise is generally more stringent between the hours of
10:00 p.m. and 7:00 a.m.; and
WHEREAS, amplified music is specifically prohibited after 10:00 p.m. within city
parks; and
WHEREAS, the ordinance provides that the Common Council may waive the
requirements of the noise ordinance if the Council determines that circumstances exist that
would make compliance with the noise limitations an unnecessary hardship to the
applicant; and
MARCH 26, 2013 13-151 13-180 PENDING
APRIL 9, 2013 RESOLUTION
WHEREAS, in making this determination whether to waive the requirements of the
noise ordinance the Council is to consider:
(1) the hardship to the applicant, the community, and other persons of not
granting the variance;
(2) the adverse impact on health, safety, and welfare of persons owning,
residing, or occupying property in the surrounding area and the public in
general;
(3) the adverse effect on surrounding property;
(4) whether the circumstance, hardship, or situation to be addressed by the
proposed variance is unique, and not applicable generally to other
circumstances;
(5) whether the person or entity seeking the variance is otherwise in
compliance with all applicable ordinances, regulations and statutes; and
(6) any other adverse impacts of granting the variance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to Waterfest, Inc. (John Casper) to utilize Leach
Amphitheatre, every Thursday night, June 20, 2013 through August 29, 2013, from 5:00
p.m. to 11:00 p.m. (skipping July 4, 2013)for their Waterfest Concert Series, in accordance
with the municipal code and the attached application, with the following
exceptions/conditions:
A. An exception to the provisions of section 4-24(B)(6) and 4-25(A) of the City
of Oshkosh Municipal Code is granted to allow the sale of beer and wine in
the Leach Amphitheater until 11:00 p.m. during the Waterfest events.
B. An exception to the provisions of 19-4(A)(3) and 17-42 of the City of
Oshkosh Municipal Code is granted to allow amplified music until 11:00 p.m.
The Common Council has considered the criteria pertaining to the granting
of a variance and finds that compliance with the time limit established by the
ordinance would be an unnecessary hardship on the applicant and that a
variance should be granted.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer
shall pay the City's actual costs for extraordinary services.
Cost Estimates for Extraordinary Services
Police Department —
Staffing ($500 per event - preliminary estimate)