HomeMy WebLinkAbout27. 14-168
APRIL 8, 2014 14-131B 14-168 PENDING
MARCH 25, 2014 RESOLUTION
(CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVAL OF SPECIAL EVENT / WATERFEST, INC / UTILIZE
LEACH AMPHITHEATRE FOR WATERFEST CONCERT / AUGUST
21 & 22, 2014
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 on August 22,
2014; 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
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;
APRIL 8, 2014
MARCH 25, 2014
14 -131 14 -168 PENDING
RESOLUTION
(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 on Thursday, August 21, 2014 from 5:00 p.m. to 11:00 p.m.; and, Friday
August 22, 2014 from 5:00 p.m. to 11:00 p.m. 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(6)(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 ($1,000 - $2,500 per event - preliminary estimate)
10)
9)
3)
1)
8)
4) Event boundaries will be the Amphitheater grounds, outlined in orange.
5) Pre- existing fences will be used.
6) Gates indicated on next page...
12) Assembly area will be the Amphitheater grounds, outlined in orange, expecting 1000 -7000 per night
DR
i
D ,
.ET
April 3, 2014
To the Members of the Oshkosh Common Council.
Re: Best Western Premier Waterfront Hotel and Convention Center and Waterfest Parking
Ray Maurer, Parks Director, coordinated a meeting with City representatives (Mark Huddleston, Jim
Collins, Matt Harris), Waterfest representatives (John Casper and Mike Dempsey) and Hotel and
Convention Center representatives (Dan Schetter and Rich Batley). The purpose of themeeting_was to
discuss a parking plan for the dates of the announced weekend Waterfest dates where the high demand
of parking requirements from the Hotel and Convention Center (Hotel) could be in conflict with the high
volume of parking required for Waterfest,
The meeting and discussion was helpful to understand the parking requirements of both the Hotel and
Waterfest. John Casper and Mike Dempsey acknowledged that they understand the Hotel has first
rights to parking for the Hotel guests in the lot located to the north of the Convention Center and Ceape
Avenue as well as the parking lot directly to the east of the Convention Center. It was agreed that Dan
Schetter, representing the Hotel, and John Casper, representing Waterfest, will communicate directly
with each other regarding the parking requirements of the Hotel for each of the Waterfest dates, and
the Hotel will be given priority parking for its guests in the lots previously mentioned including the lot
closest to the river and east of the Convention Center. Any remaining parking under Hotel control not
required of the Hotel will be made available.to Waterfest attendees.
The hotel will provide staff to monitor the lot to the north of Ceape Ave. In the circumstances where
the Hotel would require the use of the additional lot: to the east of the Convention Center, and the lot
along the riverside, the Hotel will provide staffing to monitor those lots as well. There are also situations
where the lots to the east of the Convention Center and along the riverside will be shared by both the
Hotel and Waterfest. In those cases, the Hotel and Waterfest will share staffing to monitor the shared
use of those parking lots.
Mike and John reminded. the group that there technically is not enough parking available in the
combined city parking lots for any of the Waterfest events but the attendees are resourceful and have
always found places to park. The Hotel representatives are satisfied to work directly with Waterfest
representatives to coordinate parking for each of the scheduled 2014 dates.
As Matt Harris has coordinated traffic for past Waterfest events and other City events, we are confident
he has this area completely under control.
We hope this letter addresses any concerns the Council members may have concerning the 2014
Waterfest dates and parking concerns between the Hotel and Waterfest.
Sincerely,
Daniel Schetter,
General Manager