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C.
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903 -1130 City of Oshkosh
—4—
O1HKQlH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: January 9, 2014
RE: Special Events Workshop
BACKGROUND RELATED TO THE CURRENT ORDINANCE
In 2009, the Common Council had directed staff to draft an ordinance regarding special
events which are, or may be, held within the City of Oshkosh in response to concerns
that had been raised by the Council, staff, and citizens. On March 9, 2010 the Common
Council adopted a Special Events, Marches, and Public Assemblies Ordinance. The
ordinance became effective for events on and after January 1, 2011.
Prior to 2011, there was not a single ordinance or policy specific to special events.
While there were ordinances that addressed certain aspects of special events, such as
special class B licenses or temporary restaurant permits, there was no coordinated
means of gathering and sharing information regarding special events to be held within
the City. There was also no coordinated means for recouping the costs pertaining to
special events.
The concerns staff was asked to address in a Special Events Ordinance included:
• 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;
• the diversion of limited city resources to support special events (with or without
compensation from the sponsors of those events);
• 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;
• setting appropriate objective criteria for the City government and community
review of proposed special events; and,
• 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.
n
40
Attached to this memorandum for your reference are copies of the original memoranda
to the Council explaining the ordinance and how each of these concerns was addressed
in the ordinance.
During the drafting process, draft ordinances were sent out to known event sponsors
and the Oshkosh Area Convention and Visitors Bureau, draft ordinances were made
available on the City's website and a means for submitting comments was provided, two
informational meetings were held which event sponsors were invited to, and several
other smaller meetings were held with individual event sponsors and the Convention
and Visitors Bureau to solicit input and to try to address concerns that were raised by
those persons and entities.
Some of the issues raised in these meetings related to common terminology and
clarification of the provisions of the proposed ordinance to make it more easily
understandable and were incorporated into the ordinance. There was also however
significant discussion over how cumbersome a special events permit process may be
for an event holder and whether requiring a permit would discourage persons or entities
from holding their events within the City. Anticipating these concerns staff had made
efforts to provide fill in the blank and check the box types of forms and to make general
information more readily available through a special events packet and on the City's
website.
Concerns were also raised regarding the proposed permit fees. Staff had proposed a
scale of fees ranging from $50 to $200 varying based upon anticipated attendance and
whether an alcohol beverage license was sought for the event. The proposed fee would
not have covered all the costs associated with review of an event but would have
defrayed a portion of the processing costs. The Council established the fee at $0 when
the ordinance was passed.
In addition to the concern for fees, there was also concern over the establishment of the
amounts to be charged for extraordinary services under the proposed agreement. Upon
request of event organizers, staff incorporated a provision in the draft ordinance
requiring the Council to establish the fees for events yearly by resolution to assure
event holders of set fees for each calendar year. In addition to these more specific
concerns, the event community raised general issues about now being required to pay
for some of the costs associated with providing services to events that had previously
been provided without cost by the City. Although staff proposed billing event organizers
for only those costs for "extraordinary services" provided to their events, there was
concern about how that provision would be applied.
Finally, in these meetings with event organizers, there was significant discussion and
concern about whether events would be denied and who would make those decisions
and upon what criteria. The ordinance was drafted to require that Council make that
ultimate decision with input from staff and a specific and limited list of reasons for denial
of permits was included. The reasons for denial contained in the current ordinance are:
Section 5- 18(VI)(D) : To the extent permitted by law, the Common Council may deny
an application for a permit if the applicant has on prior occasions made material
2
misrepresentations regarding the nature or scope of any event or activity previously
permitted, has held prior special events without proper permitting or licensing, or has
violated the terms of a prior permit issued to or on behalf of the applicant.
Additionally, a prior experience of the applicant in holding any event, or in holding
the Special Event which is the subject of the application, will be considered and may
impact the issuance of Special Event permits. A permit may be denied, or
conditions placed thereon, based upon considerations of the health, safety, and
welfare of the community, and of the anticipated costs of holding such event.
Additionally, the Common Council may base their decision on one or more of the
following grounds:
The application is not fully completed and/or fails to include necessary
attachments;
2. The applicant asserts that they cannot or will not pay the application fee*
and the Council determines that such fee* should not be waived;
* No application fee at this time — waiver request unnecessary.
3. The applicant asserts that they cannot or will not pay the cost for
Extraordinary Services and the Council determines that such costs should
not be waived.
4. The application for permit contains a material falsehood or
misrepresentation;
5. The applicant is not 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 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 organized
by others 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 grave or
unreasonable danger to the health or safety of the persons expected to
participate in the event, the neighborhood in which the event will occur, the
3
community as a whole, or City property and resources required to be
involved with the proposed event;
10. The number of persons expected to participate in the Special Event would
result in a concentration of persons, vehicles, or things which cannot be
supported at the requested time or location due to a lack of sufficient open
area, streets, offsite parking, or traffic controls.
11. Activities reasonably expected to occur at the intended Special Event are
prohibited by law.
BACKGROUND RELATED TO CURRENT REVIEW OF THE ORDINANCE
The current ordinance has now been in effect for three (3) years and it is appropriate to
review the ordinance in light of the experience related to the application of the ordinance
and in light of some concerns that have been raised by the public, council members, .
and city staff.
In short, the concerns raised that staff is aware of, are as follows:
Public Concerns:
• Awareness 1 Notification for Events
• Disruption to Business Activity Access to Businesses 1 Parking areas
unusable 1 competition for customers
• Alcohol over - consumption or abuse 1 unregulated sale of alcohol
• Disruption to Peace and Privacy
• Access to public areas limited
Council Concerns:
• Notification of events
• Short timing of events coming before Council
• Overuse of certain venues
• Concerns for staffing— overtime, ordered in overtime and morale
• Events not timely paying for services rendered
• Fee for the use of public venues
Staff Concerns:
• Staffing concerns — cumulative effect of events on staffing resources,
overtime and morale
• Lack of completeness on details of events /event plans changing
4
• Cost recovery
• Eliminate misconceptions on what concerns are with events
• Control over virtual events
• Timing of applications
• What to do about events when there appear to be significant concerns or
questions regarding the nature of the event or the ability of the organizer to
control and pursue the event
• Additional requirements on already busy staff for notification, follow up with
event organizers
• Update forms and information packet
• Who should exercise judgment in denying a permit?
Staff perceptions of nature of problems which have arisen:
i. Event organizers not aware of requirements
ii. Event organizers not following through on representations
iii. Event organizers not following through with resources
iv. Event organizers changing plans
v. Failure to comply with dead lineslmilestones
vi. Most of these problems do not arise until after the event is approved, and
typically days before the event
vii. What should staff recourse be when these types of instances occur
The purpose of the workshop is to provide the Council with information related to events
in general and to the concerns raised and to discuss possible alternatives to the current
ordinance and procedures which may address some of the concerns.
Attached is a copy of the outline staff has prepared for the workshop. Staff from the
Special Events Committee including the City Clerk, City Attorney and staff from the
Department of Public Works, Fire Department, Police Department, Parks Department
and Community Development will be available to provide additional information to
answer questions..
Re ectfully submitted,
Lynn A. Lorens
City Attorney
5
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: November 23, 2009
RE: Revised Draft Special Events Ordinance
An initial draft of a Special Events ordinance was previously sent to you as well
as to the persons and entities that organize Special Events in the City. After this
distribution, staff held a public meeting and received comments from a number of
organizers and members of the community. Based upon the comments received,
and an additional meeting with the staff working group to discuss potential
changes to the draft Ordinance, I am enclosing a second draft of the Special
Events Ordinance for your review.
We will be scheduling at least one further meeting with Special Event
stakeholders in early December to refine the terms of this Ordinance. Continued
receipt of comments and concerns about this proposed Ordinance from the
Council and others in the community are critical to the effectiveness and
usefulness of any final product. Staff believes that further adjustments will be
necessary to ensure that the Ordinance achieves the Council's goals in this
matter.
Not all comments and concerns that we received were incorporated in the
enclosed second draft. In some cases this is because it was felt at this time that
the comments conflicted with the direction given staff by Council, but also
because some of the individual organizer comments may not be consistent with a
uniform ordinance that applies to all. In any event, the changes reflected in this
second draft are as follows:
The word "sponsor" has been deleted throughout and has been
replaced with "organizer." It was correctly pointed out by several
people that most events have sponsors such as the Community
Foundation, or businesses, or food and beverage providers, and use of
Special Events Memo: 11/23/09: Page 2
that term in the proposed ordinance would have inadvertently had
sponsors acquiring responsibility for the Special Event. This was
never the intention, so it has been corrected.
2. Page 2, paragraph A.T.: now includes clarifying language excluding
normal park shelter rentals from the definition of a Special Event.
3. Page 2, paragraph A: formerly had paragraph number 8 which used
amplified sound as criteria for determining what is and is not a special
event. Because this was overly broad, it was deleted.
4. Page 2, new paragraph above "B. ": A new paragraph has been added
to clarify that even though something may technically meet the
definition of a special event, in some cases a permit (and
corresponding comprehensive City review) may not be required.
5. Page 2 -3: The definition of Extraordinary Services has been modified
and, hopefully, provides clearer guidance to the Council and
community what is included.
6. Page 3: The first sentence of the first paragraph has been changed to
only require permit issuance before the set up or conducting of an
event. The prior language was too broad as it prevented the planning,
advertising, and other preparation from occurring prior to permit
issuance.
7. Page 3: III.A.2. which excepts certain events from the requirement to
obtain a Special Event Permit was revised. The intention of the
language was to create an exception from the ordinance requirements
for events wholly contained on public and private property which was
specifically designed and suited to that purpose. One of the
requirements to be noted was an appropriate "certificate of occupancy"
This reference was removed because not all event premises have
"certificates of occupancy."
8. Page 3 -4, Ill. A.: Language was added to clarify that when determining
whether events are "wholly contained" on public or private property, we
would not consider legal parking on the streets, public or private lands.
For example, staff would consider a traditional wedding with over 250
guests held at the Leach Amphitheater to meet the exception from the
Special Event Permit requirements even though guests may park in
legal parking stalls in the streets surrounding this area or in other
Special Events Memo: 11123109: Page 3
public parking lots. It should be noted that although this language
would limit consideration of parking impacts for the purpose of
determining whether the exception applies, if a Special Event Permit is
required parking issues may still be considered in the review process.
9. Page 4: A new paragraph, III.D., was added to allow event organizers
of longstanding events to undertake necessary planning further out
than one year in advance by entering into a separate agreement with
the City. The agreement would allow the event to function for a period
of time under the terms .of the agreement, as approved by the Council,
without returning to the Council each year through the Special Event
application process. The proposed language would allow the Council
to vary the ordinance requirements for these events although events
would still be required to meet the spirit, if not the letter, of the special
events ordinance. It is recommended that the Council develop a
standard length of term for those events wishing to take advantage of
this provision.
10. Page 6: Paragraph B.9., related to March and Public Assembly Permit
appeals changes the word "person" to "applicant." Using the word
"person" may have inadvertently given someone other than the
applicant the right to appeal a decision of the Chief of Police.
11. Page 8, paragraph V.F., related to the provision of security for special
events previously required reimbursement of all "actual' costs for
police services. New language includes only Extraordinary Costs so
that it is consistent with the rest of the ordinance.
12. Page 8, paragraph V.J.: related to neighborhood notifications that may
be required of event organizers previously used the "inconvenience" of
resident, business, or neighborhood as a criteria. In light of the
potential gray area created by the use of such a word, it was changed
to address those events that may result in a substantial traffic and
noise impact on the resident, business, or neighborhood.
13. Page 8 -9: Paragraph VI. A., the last sentence related to holding dates
for recurring events was added to include language reflecting the
potential existence of separate agreements between the City and
event organizers.
Special Events Memo: 11123109: Page 4
14. Page 11: New paragraph "B. ", provides enabling authority for the
Council to pass a resolution each year that sets forth approved
fees /charges for Extraordinary Services by the City. Several persons
commented that it was difficult to determine the potential costs for
events and that costs may vary depending upon the particular
individuals who provided overtime services. Staff was requested by
several event organizers to provide a listing of services and costs that
might be updated yearly. Staff felt that it would be possible to
standardize and publish the anticipated costs. It was felt that by
bringing these costs through the Council annually, it would allow the
Council and the public the opportunity to recognize those costs and for
the Council to establish a standard related to charging of those costs
that would be applied equally to all events. It would also allow the
Council the opportunity to determine whether charges for certain items
might be wholly or partially waived as a class. For example, the
Council might determine through this Resolution to waive costs for
delivery of barricades for all block parties or all parades. All similarly
situated events would then be treated the same and would more easily
be able to determine the costs applicable to their event.
15. Page 14 -15, paragraph VII. D.: relating to fees and reimbursement
schedules for events, a new paragraph was added providing
considerations for the Council, and the City Manager when making his
recommendation to the Council, to consider when reviewing requests
to waive application fees and costs for Extraordinary Services.
CRY HALL
215 Church Avmue
PO. Box 113Q
Oshkosh. a; ;30 City of Oshkosh
4
QIHKCY
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney"
DATE: December 17, 2009
RE: I Special Events — Current Services
Attached to this memorandum Is a summary of the services and financial impact
of those services for several major special events.within the City of Oshkosh. To
illustrate the impact that special events can place on the community, we chose
seven (7) events and analyzed those events in terms of the total cost of city
services provided, the cost associated with fee based services, costs that
departments would consider a normal part of their course of business, and
_extraordinary costs. We also list whether the costs were recovered or not
recovered in the current year.
The events that we chose were EAA which is the largest special event hosted
within the City; Country USA which is a large event held on a private festival
grounds located partially within and partially outside of the city limits; the Hmong
Soccer Tournament which is held on Labor Da Y, weekend in Winnebago County
Park; Sawdust Days which is held around the 4 of July in Menominee Park arid
encompasses the City's 4'h of July celebration and fireworks display;.Lifest which
is a Christian music festival held at the Winnebago County Fairgrounds
Exposition Center site; Waterfest which is a summer weekly concert series held
at the Leach Amphitheater; and the Memorial Day Procession which Is a
traditional parade and ceremony commemorating Memorial Day.
Staff also contacted the Oshkosh Convention and Visitors Bureau in relation to
these events to determine the attendance and estimated economic impact of the
various events on the community. The OCVB tracks certain events for
attendance, length of stay, number of room nights and other information to
determine the economic impact of the event:
0
Speclal Events Memo: 12117109: Page 2
The OCVB then estimated the economic impact based upon a formula they
apparently obtained from the Wisconsin Department of Tourism. It appears that
the formula attempts to capture both the direct and Indirect Impacts of traveler
expenditures and takes into consideration the size of the community, the size of
the event and the length of stay along with other factors. The Department's
website explains that the most direct effects of tourism are often associated with
lodging, restaurants, gas and convenience centers, amusements and retail
establishments. From these direct effects, the Department believes that there
are many secondary effects throughout the local economy.
The OCVB was able to provide information related to four of the seven events
included in the attached summary. All information is for 2009.
EAA*
Attendance 625,000
Lifest
Attendance 85,000
Sawdust Days
Attendance 100,000
Country USA
Attendance 152,000
Estimated Economic Impact $110 million
Estimated Economic Impact $12.3 million
Estimated Economic Impact $11.7 million
Estimated Economic Impact $22 million
'The economic Impact of EAA was determined by a study conducted by the UW- Oshkosh Center
for Community Partnerships.
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CITY HALL
215 Church Avenue
P.O. Box 1 130
Oshkosh. Wisconsin
54943.1130 City of Oshkosh
4
QlHKlH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: January 18, 2010
RE: Revised Draft Special Events Ordinance
Based upon additional comments received from event organizers and other
interested persons, staff made the following changes to the special events draft
ordinance that was distributed to the Council by memorandum dated November
23, 2009.
Paragraph Il. A. -- The second unnumbered paragraph at the end of this section
was reworked to better clarify that the process that would be required under the
ordinance. The process that is proposed is a two -step process determining first
whether an event meets the definition of a special event and second, whether a
permit would be required. As this paragraph now specifically notes, not every
bvent that meets the broad definition of a special event will be required to obtain
a permit.
Paragraph Ill. — This paragraph was similarly reworked slightly to better clarify
the steps to determine whether a special events permit is required to be obtained.
Language was also added clarifying that events held on property exempt from
the City of Oshkosh permitting requirements are exempt from the requirement to
obtain a special event permit. This language will exempt most events held by the
University of Wisconsin on their own property where city Jurisdiction is limited.
We have had discussion with persons from the University and they understand
that events not held exclusively on their property may require a special events
permit. In addition, staff currently works with the University in support of certain
events that are held exclusively on the University property and no changes in this
current working relationship are anticipated under the proposed ordinance.
co
CITY HALL
215 Churth Avenue
P.O. Box 1130
Oshkosh, Wiscaasln
54903.1130
4
QlHKQIH
City of Oshkosh
Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: January 21, 2010
RE: Revised Draft Special Events Ordinance
BACKGROUND
The Common Council. had requested that staff draft an ordinance regarding
special events which are, or may be, held within the City of Oshkosh.
Concerns had been raised by the Council, staff and persons ,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.
Staff approached the task of developing a special events ordinance with the
understanding that the Council desired an ordinance that provided a method for
keeping track of the City's expenses associated with special events and that
provided a coordinated and streamlined process which would assist special
event organizers In planning and carrying out their events.
co
Special Events Memo: 1/21/10: Page 2
Current ordinances contain a number of provisions that are related to special
events and are found in different parts of the municipal code. The City of
Oshkosh does not currently have a single ordinance or policy specific to special
events. Under the draft ordinance not all code sections would be consolidated in
one code section, for example, liquor licenses would remain within Chapter 4 of
the code and temporary restaurant licensing would remain within Chapter 14;
however, under the draft ordinance special event organizers would submit all
applications together and all of the information would be reviewed in concert. In
addition, staff has prepared an assistance packet of information which does
consolidate information related to special events in a coordinated - package of
information.
Draft ordinances were prepared and sent to individuals who had previously held
special events in the community as well as being made available through the City
Manager's office, City Attorney's office and City Clerk's office and on the City's
website for anyone to review and comment upon. An informational meeting was
held with event sponsors to review the initial draft and based upon feedback
received at that meeting as well as through a -mails and other correspondence
revisions were made. The Council received the second draft and explanation of
the changes made by memorandum dated November 23, 2009. A second
meeting with event sponsors who had volunteered to meet again with city staff to
review issues in greater depth was held in December and some additional
revisions have been made to the attached draft based upon feedback received
from that meeting. The Memorandum from November 23, 2009 and an
additional Memorandum describing the changes from the November 23, 2009
draft are attached to this memorandum for your convenience.
ANALYSIS
As noted in previous memorandum related to this process, staff reviewed the
current city ordinances and usual practices when dealing with special events held
within the City and also gathered and reviewed information from other
municipalities both within and outside of the State of Wisconsin related to special
events ordinances, policies and practices. From the. information gathered, a
broad based ordinance was drafted, realizing that it is most often easier to
respond to information presented than to something that has not been identified.
Input was sought from event organizers and any other Interested person and the
ordinance was clarified and revised to take into account issues raised.
Special Events Memo: 1121110: Page 3
The draft grdinance first defines a "special event" to broadly include any
temporary gathering of persons on public or private property involving the use of
either City property or extraordinary City services. The draft ordinance identifies
a two -step process that will determine whether a special event permit will be
required. The first step is to determine whether the event meets the definition of
a "special event" and the second step would be to determine whether a permit is
required. There are several exceptions to the requirement to obtain a permit 1)
for events that are held on property specifically designed or suited for the event
that have the appropriate fire protection, sanitation and other facilities to support
the event and which result in no greater use of city services or facilities than on
normal, non -event days; 2) funeral processions; 3) events organized solely by
the City; 4) events which enter into a separate agreement between the City and
the event organizer to hold the event; and 5) events on property otherwise
exempt from the City of Oshkosh permitting requirements such as events held on
property owned by the State of Wisconsin.
If an event Is required to obtain a permit, the draft ordinance attempts to create a
"one stop shop" for the application in an effort to make it easier forthe applicant,
City staff and the Council to review the implications of proposed events. The
process outlined in the draft ordinance anticipates the applicant filling out and
submitting an application form to the City Clerk's office. The form is designed to
require short fill -in- the -blank responses or checks in response to specific
questions, along with some diagrams or maps that may be necessary for review.
A provision is included in the draft ordinance for the imposition of a fee to cover
at least some of the administrative costs of reviewing the special events
application. This fee would be in addition to other required fees such as
temporary restaurant license fees, liquor license fees or other permits.
Recognizing this and the fact that many events may have limited budgets, staff
proposes a scaled fee from $50 to $200 based upon whether the event is a
single day, multiple day event and whether a liquor license is required for the
event.
The form submitted will be reviewed by the Police, Fire, Health Services,
Inspection Services, Public Works, Parks, Transportation, the City Clerk's office,
the City Attorney's office 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 all or a portion of the permit application
fee and any extraordinary costs associated with the event, should the Council so
choose.
Special Events Memo: 1/21/10'. Page 4
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.
As noted above, the draft ordinance was revised to provide for organizers to
enter into separate agreements with the cCity in relation to events. Because the
ordinance contemplates an event or series of events to be held within a speicifc
year and the City is host to several long -term events that are planned years in
advance, a provision was included to allow evetn organizers the option of
entering into a separate contract with the City which would allow organizers to
obtain some level of certainty for planning events Into the future. The ordinance
specifies that agreements would be approved by the Council and that the Council
is authorized to modify the terms or requirements of the ordinance within the
context of the agreement provided that the modifications are consistent with the
spirit of the ordinance, if not the letter of the ordinance.
Finally, 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.
The proposed ordinance consolidates the applications related to special events
and provides a coordinated, efficient and standardized process for reviewing
special events and the potential costs and issues associated with events held on
city property or requiring extraordinary city services. The proposed ordinance
includes flexibility by allowing event sponsors to enter into agreements with the
City relating to the event and providing the City Council with the opportunity to
determine whether and to what extent the City may choose to supplement the
costs of an event through fee and cost waivers. Costs for services would be
established via resolution of the Council on a yearly basis. As noted in previous
memorandum, it was felt that bringing these costs to the Council annually would
allow the Council and the public the opportunity to recognize these costs and for
the Council to establish a standard relating to the charging of costs that would be
Special Events Memo: 1121110: Page 5
applied to all events. It would also allow the Council the opportunity to determine
whether certain charges may be wholly or partially waived as a class.
FISCAL IMPACT
The ordinance as proposed would allow the City to review and make a
determination upon whether to recoup all or a portion of the costs for services in
support of special events held within the City from event organizers. The
ordinance would require departments and divisions within the city organization to
Identify anticipated costs associated with special events and forward those to the
City Manager and Council for review and a determination of whether such costs
should be charged to the event organizers or waived and borne by the City.
Res ectfully Submitted, Approved 4.
L n . Lorenson Mark A. Rohloff
City ttorney City Manager
CITY HALL
M Church Avenue
P.O. Box 1130
Oshkosh, Wisco11530 City of Oshkosh
QlHKQlH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
Ray Maurer, Parks Director
DATE: February 19, 2010
RE: Special Events Ordinance
On its February 23rd Agenda the City Council will have for a first reading the
Special Events Ordinance. Staff has previously provided memorandum to the
Council outlining the ordinance, the changes that had been made to the
ordinance in response to feedback received from the community and the costs
associated with several special events that were held in the City this past year.
This memorandum will focus upon the concerns
were addressed and the process
o prompted
of the ordinance and how those co n
proposed in the ordinance as presented to the Council.
The Ordinance was reviewed and recommended for approval by the Parks
Advisory Board at its February 8 r meeting.
In addition, we would like to make Council aware that staff is also reviewing the
city's current insurance requirements for special events and anticipating bringing
forward a resolution with the second reading of this ordinance to modify the City's
current requirements to allow for a tiered approach to the required coverage
which may allow smaller events or events with less risk associated with them to
obtain less costly insurance coverage.
BACKGROUND
The Common Council had directed staff to draft an ordinance regarding special
events which are, or may be, head within the City of Oshkosh in response to
concerns that had been raised by the Council, staff and citizens. These
concerns included:
CIO
Special Events Memo: 2119110: Page 2
• 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;
• the diversion of limited city resources to support special events (with or
without compensation from the sponsors of. those events);
• 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;
• setting appropriate objective criteria for the City government and
community review of proposed special events; and,
• 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.
We will address each of these concerns separately.
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;
Staff first focused upon the issue of what costs are appropriately attributed to the
special events as the City has typically provided many services in support of
special events. Staff identified some of those services and the costs associated
with them as more appropriately associated with their "normal course of
business than particularly caused by or in response to a special event. For
example, the parks department may mow a park and weed flower beds before a
special event to make certain that the park is looking its best during the special
event when a larger number of visitors may be enjoying it. The parks department
would mow and remove weeds as part of their normal course of business and
although they may alter the timing of the services to accommodate an event, they
did not believe it appropriate to attribute those costs to the special event.
Similarly, the police department, may have patrol officers walk-through an event
on their normal duty but only identified those instances when in their professional
opinion additional officers were needed to staff an event and the department was
required to pay overtime, as extraordinary costs that they would consider outside
of their normal course of business. Based upon these discussions, staff is
proposing to limit the costs to be identified and recovered or waived under the
proposed ordinance as "extraordinary costs ".
Under the proposed ordinance, the extraordinary costs of special events will be
estimated by the various departments and divisions of the city and submitted to
the City Manager for his review. The City Manager will review the application
Special Events Memo: 2/19/19: Page 3
and the anticipated costs and make a recommendation to the Council for
reimbursement or waiver of all or a portion of the estimated costs.
• the diversion of limited city resources to support special events (with or
without compensation from the sponsors of those events);
The proposed ordinance helps to address the concern of diverting limited
resources by providing a minimum time limit for submission of an application for
an event and a better notification method for departments /divisions to be aware
of events and to plan for any services that may be necessary for those events.
The proposed ordinance provides a mechanism for the staff to obtain more
detailed information about proposed events through a standardized form and
checklists identifying typical attributes of special events. Applications, after
submission to the City Clerk's office, will be distributed to the various
departments and divisions for their review and those departments /divisions will
be better able to identify the resources t sta may
deadl "ne required
submprovide
submission for
of
an event. Currently there is not an established
information related to events and staff has had to respond to requests or
identified needs for diversion of resources within a compressed time frame. By
providing a minimum time frame for submission of information prior to events and
a coordinated review of events, departments /divisions will be better able to plan
for the provision of necessary services.
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;
Under the proposed ordinance an organizer of a special event will be required to
fill out an application form that will provide basic information about the special
event including specifically some issues of concern that have previously been
identified by the Council and citizens related to special events, such as the
duration and hours of operation; the daily peak estimate of attendance; how
parking will be handled; how adequate sanitary facilities and potable water will be
provided to patrons of the event; whether illumination will be provided; whether
and how security and fire protection may be provided; and how refuse removal
will be provided.
The process for review proposed under the ordinance would allow staff and the
City Manager to review and identify any potential concerns related to these
issues and work with event organizers to address those concerns. This
information would also be provided to the Council for their review and be
available to the public as a part of the Council agenda.
Special Events Memo: 2/19/10: Page 4
setting appropriate objective criteria for the City government and
community review of proposed special events;
The goal of assuring that events are reviewed through appropriate and objective
criteria is furthered by the establishment of a. standard procedure and the
implementation of standard forms assuring that all events provide sufficient and
similar information to allow for an appropriate and objective review. Requiring all
event organizers to provide similar and complete information allows anyone
reviewing the information a better understanding of the event and of the
similarities or differences between various events. While there will still be some
subjectivity in the process of review by its nature, provision of more and more
transparent information ensures that even where there may be subjectivity in a
process, the exercise and appropriateness of the subjectivity can be reviewed.
In addition, concerns o were
a specifically specific criteria
of fees. In response t thin the ordinance for Council to consider.
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.
This concern is addressed both by the formulation of an ordinance and by the
development of the assistance packet that is designed to provide event
organizers with appropriate, accurate and easily understandable information to
assist them in preparing for their event. One concern that has been raised with
staff and was the subject of some discussion at the Parks Advisory Board was
the application form. The application form is several pages long. However,
when you review the draft form you will notice that the form is primarily structured
as fill -in -the -blank and check -the -box; depending upon the particular event, parts
of the form may not apply to all organizers. As noted previously, the intention of
the form is to obtain the basic information necessary for review of the event and
staff felt that providing a "fill -in- the - blank" form was an easier method than
requesting event organizers to provide uniform information. By providing a form,
it is less likely that pertinent information may also be inadvertently left out of the
review process.
ANALYSIS
As identified in previous memorandum to the Council related to the drafting of
this ordinance, the proposed ordinance first defines a "special event" to broadly
include any temporary gathering of persons on public or private property
Special Events Memo: 2119110: Page 5
involving the use of either City property or extraordinary City services. The
ordinance identifies a two -step process that will determine whether a special
event permit will be required. The first step is to determine whether the event
meets the definition of a "special event ". The second step would be to determine
whether a permit is required. There are several exceptions to the requirement to
obtain a permit 1) for events that are held on property specifically designed or
suited for the event that have the appropriate fire protection, sanitation and other
facilities to support the event and which result in no greater use of city services or
facilities than on normal, non -event days; 2) funeral processions; 3) events
organized solely by the City; 4) events which enter into a separate agreement
between the City and the event organizer to hold the event; and 5) events on
property otherwise exempt from the City of Oshkosh permitting requirements
such as events held on property owned by the State of Wisconsin.
If an event organizer is required to obtain a permit, the proposed ordinance
attempts to create a "one stop shop" for the application in an effort to make it
easier for the applicant, City staff and the Council to review the implications of
proposed events. The process outlined in the draft ordinance anticipates the
applicant filling out and submitting the special events application form together
with any other necessary permit or license application forms to the City Clerk's
office. 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.
The form is designed to require short fill -in- the -blank responses or checks in
response to specific questions, along with some diagrams or maps that may be
necessary for review. A provision is included in the draft ordinance for the
imposition of a fee to cover at least some of the administrative costs of reviewing
the special events application. This fee would be in addition to other required
fees such as temporary restaurant license fees, liquor license fees or other
permit fees. Recognizing this and the fact that many events may have limited
budgets, staff proposes a scaled fee from $50 to $200 based upon whether the
event is a single day, multiple day event and whether a liquor license is required
for the event.
The application form will be distributed and reviewed by the Police, Fire, Health
Services, Inspection Services, Public Works, Parks, Transportation, the City
Clerk's office, the City Attorney's office and the City Manager. City Departments
will review the application and must estimate the cost of any extraordinary
services that may be required. Each department may identify any concerns
Special Events Memo: 2119110: Page 6
regarding the event 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 will make the
final determination on whether to issue the permit. It should be noted that staff
has worked closely with event organizers in the past to address concerns with
individual events. This close working relationship will continue under the
proposed ordinance.
The proposed ordinance would give the Council final review authority over the
issuance of the permit, with the ability to waive all or a portion of the permit
application fee and any extraordinary costs associated with the event. Costs for
services would be established via resolution of the Council on a yearly basis. As
noted in previous memorandum, it was felt that bringing these costs to the
Council annually would allow the Council and the public the opportunity to
recognize these costs and for the Council to establish a standard relating to the
charging of costs that would be applied to all events. it would also allow the
Council the opportunity to determine whether certain charges may be wholly or
partially waived as a class. For example, staff has reviewed the costs associated
with certain types of events and identified parades and block parties as two types
of events that result in minimal extraordinary cost to the City and which would
appear to meet the criteria identified in the ordinance's section relating to waivers
of fees and costs. The Council may choose to waive all fees and costs related to
parades and block parties as a class of events rather than individually review
each application for waiver for these types of events.
As noted previously, the proposed ordinance was revised to provide for
organizers to enter into separate agreements with the City in relation to events.
Because the ordinance contemplates an event or series of events to be held
within a specific year and the City is host to several long -term events that are
planned years in advance, a provision was included to allow event organizers the
option of entering into a separate contract with the City which would allow
organizers to obtain a greater level of certainty for planning events into the future.
The ordinance specifies that agreemmodif would
approved by the
the
that the Council is authorized to y
ordinance within the context of the agreement provided that the modifications are
consistent with the spirit, if not the letter, of the ordinance.
There is a separate process proposed in the 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
Special Events Memo: 2119110: Page 7
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.
FISCAL IMPACT
The ordinance as proposed would allow the City to review and make a
determination upon whether to recoup all or a portion of the costs for services in
support of special events held within the City from event organizers. The
ordinance would require departments and divisions within the city organization to
identify anticipated extraordinary costs associated with special events and
forward those to the City Manager and Council for review and a determination of
whether such costs should be charged to the event or or waived and
borne by the city taxpayers.
RECOMMENDATION
The proposed ordinance consolidates the applications related to special events
and provides a coordinated, efficient and standardized process for reviewing
special events and the potential costs and issues associated with events held on
city property or requiring extraordinary city services. The proposed ordinance
includes flexibility by allowing event sponsors to enter into agreements with the
City relating to the event
to what eproviding the
, the C ty may choose to supplemenopportunity
the
determine whea ther, a
costs of an event through fee and cost waivers.
It is recommended that the ordinance be approved.
Respectfully Submitted,
Ray Maurer
Parks Director
Approved
Mark A. Rohloff
City Manager
Event'
Battle on Bago -Winter Edition
RV & Boat Show
OPE
WPS Farm Show
Special Olympics Indoor Tournament
Oshkosh Half Marathon
WIAC Outdoor Track & Field
Championship
Greater Raider Softball Tournament
Oshkosh Irish Fest
Battle on Bago - Summer Edition
Miss Wisconsin Pageant
Country USA
Dairyland Bike Tour (tentative)
WI Baseball Coaches All Star Classic
3v3 Soccer Tournament
MWC
US Volleyball Open
Lifest
Real Men Wear Pink
Rock USA
WI Football Coaches All Star Classic
Oshkosh Events
2014
Event Date
Event location
Expected Attendees
February 21 -22
Menominee Park
5,000
February 21 -23
EAA
3,000
February 26 -March 4
UWO
1,200
March 25 -27
EAA
40,000
April 4 -6
UWO
1,000
April 13
Downtown Oshkosh
2,500
May 2 -3
UWO
May 30 -June 1
Menominee Park
1,200
June 12 -15
Dockside Tavern
3,000
June 14 -15
Menominee Park
5,000
June 15 -21
Alberta Kimball
2,200
June 24 -28
Ford Festival Park
145,000
June 26
Downtown Oshkosh
5,000
June 27 -28
E.J. Schneider Field
300
June 28
County Park
800
June
Menominee Park
700
July 9 -13
Brighton Acres
10,000
July 10 -13
Sunnyview Expo Center
78,000
July 11 -13
Menominee Park
1,000
July 16 -19
Ford Festival Park
103,000
July 19
Titan Stadium
1,000
*Go to Visftdshkosh.comfor updated listings
Event'
EAA AirVenture
Winnebago County Fair
Pathfinders
Gusmacker
Timber Professionals /Logging
Congress
Cabela's National Walleye
Tournament
Oshkosh Oktoberfest
Brooks Invitational
NCAA Division 3 Cross
Country Meet
Oshkosh Events
2014
Event Date
July 28- August 3
August 5 -10
August 12 -16
August 23 -24
September 5 -6
September 18 -20
October 4
October 18
November 15
Event Location
EAA Grounds
Sunnyview Expo Center
EAA Grounds
Downtown Oshkosh
EAA Grounds
Menominee Park
Dockside Tavern
Lake Breeze Golf Course
Lake Breeze Golf Course
'Go to VsitOshkosh.com for updated listings
Expected Attendees
500,000
45,000
40,000
20,000
5,000
500+
1500
1,000+
1,000+