HomeMy WebLinkAbout01. 20-208 MAY 18, 2020 20-208 ORDINANCE
FIRST READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: CREATE ORDINANCE TO PROVIDE FOR COVID-19 TEMPORARY
OUTDOOR SEATING AREAS AND AUTHORIZE CITY STAFF
REVIEW AND APPROVAL OF TEMPORARY OUTDOOR SEATING
AREAS AND EXPANSION OF LICENSED PREMISES FOR
TAVERNS AND RESTAURANTS
INITIATED BY: CITY ADMINISTRATION
WHEREAS, a novel strain of the coronavirus, named COVID-19 spread
throughout numerous countries including the United States during the late winter and
spring of 2020 resulting in Federal, State and Local Declarations of Emergency and
Emergency Orders that limited in person business transactions, closed some businesses,
required changes to business operations and had for many businesses a dramatic
economic impact; and
WHEREAS, the Common Council for the City of Oshkosh recognizes the need to
continue to prevent exposure to and spread of the COVID-19 coronavirus by increasing
social distancing during the COVID-19 pandemic and recovery period; and
WHEREAS, the Common Council recognizes that restaurants, bars and taverns
within the City of Oshkosh may have particular difficulty providing recommended social
distancing and operating profitably within the confines of their buildings and may wish
to provide additional or alternative seating outdoors; and
WHEREAS, the Common Council for the City of Oshkosh wishes to provide
temporary relief to restaurants, bars and taverns by adjusting certain local code
requirements related to such businesses during the COVID-19 pandemic and recovery
period to allow those businesses to utilize parking areas, open spaces and adjacent
properties during this limited period to maximize their service area; and
WHEREAS, the Common Council wishes to provide a temporary use permit that
may be issued by city staff upon the applicant meeting certain criteria and avoiding the
delay of council, board or commission approvals for this temporary use; and
MAY 18, 2020 20-208 ORDINANCE
FIRST READING CONT'D
WHEREAS, the Common Council wishes to authorize the City Clerk to
temporarily expand the "licensed premises" for establishments holding an alcohol
beverage license for areas and during the period of time subject to the temporary use
permits authorized by this ordinance.
The Common Council of the City of Oshkosh do ordain as follows:
Notwithstanding any provision contained within the City of Oshkosh Municipal
Code, during the period of emergency and recovery period in response to COVID-19
Coronavirus, and for the period ending no later than October 1,2020,the appropriate city
staff are hereby authorized and directed to implement a program for issuance of
Temporary Use Permits as provided in the attachment to this ordinance.
The City Clerk for the City of Oshkosh is hereby authorized and directed to issue
alcohol beverage licenses temporarily expanding the area identified as the licensee's
"licensed premises" for establishments holding an alcohol beverage license to include the
areas approved for alcohol service as part of temporary use permits authorized by this
ordinance. The expanded licensed area shall be effective only for the period during
which the licensee has a valid temporary use permit issued under this ordinance and
upon termination of the temporary use permit, the licensed area shall automatically
return to the area identified and approved as a part of the licensee's annual license
application without further action upon the part of the licensee or Council.
Applications for temporary use permits for COVID-19 Temporary Outdoor
Seating Areas shall be submitted to the Department of Community Development on a
form substantially the same as attached to this ordinance. The City's site plan committee
is hereby authorized to approve, approve conditionally, or deny the applications. The
site plan committee is comprised of city staff that will be involved at the direction of the
City Manager. Any conditions placed upon temporary use permits approved under this
ordinance shall bear a reasonable relationship to requirements existing within State
Statutes or the City's Municipal Code and may include without limitation conditions to
reasonably control noise, the accumulation of trash or blowing or scattering of trash from
the site, lighting and the disbursement and consumption of alcohol beverages.
Appeals from Conditions or Denial of Permits.
Appeals from the determination of the site plan committee may be directed to the
Director of Community Development. Appeals must be in writing and specifically
set forth the alleged error in the determination of non-issuance of the permit or
MAY 18, 2020 20-208 ORDINANCE
FIRST READING CONT'D
imposition of a condition upon the permit or, if no error can be identified, the
particular hardship(s) that the applicant is experiencing complying with city
ordinances or with the decision of the site plan committee. The Director of
Community Development shall within 5 days of an appeal under this ordinance
issue a notice setting forth a date and time for hearing on the matter, not less than
three (3) days nor more than fifteen(15) days after the date of the notice of hearing.
At the hearing, the applicant and a representative(s) of the City may be
represented by counsel, may present evidence and call and examine witnesses and
cross examine witnesses of another party. Such witnesses shall be sworn or
affirmed by the person conducting the hearing. The Director of Community
Development shall act as the decision maker and shall have the authority upon
showing of good cause by the applicant to temporarily vary City of Oshkosh rules,
ordinances or restrictions to address hardship(s) of the applicant. If the Director
of Community Development is unable to so act, a decision maker shall be
appointed by the City Manager.
A written determination shall be made affirming the determination of the site plan
review committee determination or issuing a temporary use permit or revised
permit under this ordinance. The Director of Community Development or other
decision maker may issue the permit with conditions as appropriate. Within ten
(10) days of the hearing, the written determination shall be mailed to all interested
parties and shall be placed on file with the City Clerk by the decision maker. The
written decision shall specify the reasons for the decision made.
Within ten (10) days of the date of posting of the written decision, any person
aggrieved thereby may appeal such decision to the Common Council. Appeals
shall be taken by filing a notice of appeal specifying the grounds therefor with the
City Clerk. On appeal the Director of Community Development or other decision
maker shall transmit all papers relating to such appeal to the City Clerk. The Clerk
shall give notice of the appeal to the Common Council at its next regular meeting.
The Council shall then fix a reasonable time for hearing of the same and give public
notice thereof, as well as notice to the parties interested, and shall promptly decide
the appeal. The Director of Community Development or other staff member may
testify as to the determinations reached. In addition, any party to the proceeding
as well as any person who may be adversely affected by a decision of the Council
may appear at the hearing and may produce witnesses and be represented by
counsel. The Council may subpoena and examine such other persons as it may
deem necessary for a fair and impartial hearing of the appeal. The Clerk shall
MAY 18, 2020 20-208 ORDINANCE
FIRST READING CONT'D
swear or affirm all persons testifying before the Council in regard to the appeal,
and shall maintain a record of all testimony and other evidence as may be
presented.
The Council may reverse, affirm, or modify the decision of the Director of
Community Development or other decision maker appealed from, and to this end
may direct issuance or non-issuance of the permit and may apply such conditions
as the Council may determine are reasonable. Within five (5) days after the
decision on any appeal, the City Clerk shall send notice thereof in writing to be
mailed to all parties to the appeal as well as any other persons who may have
appeared therein at their last known post office address. Such notice shall specify
the grounds for the decision.
Any person aggrieved by the decision of the Common Council on appeal may seek
such other legal relief as may be available.
Revocation of Permits and Appeals from Revocation of Permits.
Permits may be revoked by the Director of Community Development for violation
of State Statutes, City of Oshkosh Municipal Code, this ordinance or conditions of
a temporary use permit issued under this ordinance.
Upon the signed written complaint of any person aggrieved by the permit holder's
operation under the terms of a temporary use permit issued under this ordinance
or upon notification of violation by any city employee with responsibilities or
authority over the matter of violation of State Statutes, City of Oshkosh Municipal
Code, this ordinance or conditions of a temporary use permit issued under this
ordinance, the Director of Community Development shall issue a notice setting
forth a date and time for hearing on the matter, not less than three (3) days nor
more than fifteen (15) days after the date of the notice of hearing. At the hearing,
the permit holder and a representative(s) of the City or other complainant may be
represented by counsel, may present evidence and call and examine witnesses and
cross examine witnesses of another party. Such witnesses shall be sworn or
affirmed by the person conducting the hearing. The Director of Community
Development shall act as the decision maker. If the Director of Community
Development is unable to so act, a decision maker shall be appointed by the City
Manager.
MAY 18, 2020 20-208 ORDINANCE
FIRST READING CONT'D
A written determination shall be made continuing, revoking or placing conditions
upon the permit to address issues raised within the hearing on the matter. Within
ten (10) days of the hearing, the written determination shall be mailed to all
interested parties and shall be placed on file with the City Clerk by the decision
maker. The written decision shall specify the reasons for the decision made.
Within ten (10) days of the date of posting of the written decision, any person
aggrieved thereby may appeal such decision to the Common Council. Appeals
shall be taken by filing a notice of appeal specifying the grounds therefor with the
City Clerk. On Appeal the Director of Community Development or other decision
maker shall transmit all papers relating to such appeal to the City Clerk. The Clerk
shall give notice of the appeal to the Common Council at its next regular meeting.
The Council shall then fix a reasonable time for hearing of the same and give public
notice thereof, as well as notice to the parties interested, and shall promptly decide
the appeal. The Director of Community Development or other staff member may
testify as to the determinations reached. In addition, any party to the proceeding
as well as any person who may be adversely affected by a decision of the Council
may appear at the hearing and may produce witnesses and be represented by
counsel. The Council may subpoena and examine such other persons as it may
deem necessary for a fair and impartial hearing of the appeal. The Clerk shall
swear or affirm all persons testifying before the Council in regard to the appeal,
and shall maintain a record of all testimony and other evidence as may be
presented.
The Council may reverse, affirm, or modify the decision of the Director of
Community Development or other decision maker appealed from, and to this end
may continue or revoke the permit and/or may apply such conditions as the
Council may determine are reasonable. Within five (5) days after the decision on
any appeal, the City Clerk shall send notice thereof in writing to be mailed to all
parties to the appeal as well as any other persons who may have appeared therein
at their last known post office address. Such notice shall specify the grounds for
the decision.
Any person aggrieved by the decision of the Common Council on appeal may seek
such other legal relief as may be available.
MAY 18, 2020 20-208 ORDINANCE
FIRST READING CONT'D
All provisions of the City Ordinances, Council Rules and Commission General
Rules of Order not specifically altered by these temporary rules shall remain in effect.
This ordinance shall take effect immediately and shall automatically repeal on
October 1, 2020.
Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #20-208 CREATE
ORDINANCE TO PROVIDE FOR COVID-19 TEMPORARY OUTDOOR SEATING AREAS
AND AUTHORIZE CITY STAFF REVIEW AND APPROVAL OF TEMPORARY
OUTDOOR SEATING AREAS AND EXPANSION OF LICENSED PREMISES FOR
TAVERNS AND RESTAURANTS on May 18, 2020. The ordinance creates a process and
provides for issuance of a temporary use permit for outdoor seating areas and temporary
expansion of alcohol service areas to encourage social distancing in response to the COVID-
19 Coronavirus Public Health Emergency. The ordinance is effective only until October 1,
2020.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church
Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone:
920/236-5011.
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City
of
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis, Community Development Director
Lynn Lorenson, City Attorney
DATE: May 15, 2020
RE: CREATE ORDINANCE TO PROVIDE FOR COVID-19 TEMPORARY OUTDOOR
SEATING AREAS AND AUTHORIZE CITY STAFF REVIEW AND APPROVAL OF
TEMPORARY OUTDOOR SEATING AREAS AND EXPANSION OF LICENSED
PREMISES FOR TAVERNS AND RESTAURANTS
BACKGROUND
City Manager Rohloff received a letter (attached) from the Oshkosh Convention and Visitor's
Bureau and the Oshkosh/Winnebago Tavern League requesting the City provide for expansion
of seating areas with new outdoor options. As indicated in their letter, they are expecting eating
and drinking establishments and businesses with liquor licenses to comply with National, State
and County guidelines for reducing the spread of COVID-19.
An outcome of using those guidelines will be the expansion of eating and drinking, outside of
their current building, decks and patios. A new set of temporary outdoor patios, picnic tables,
tables and chairs with umbrellas, tents and/or temporary bars could be set-up in their side,front
and rear yards, parking lots, or even neighbor's property. The establishments' goal would be to
maintain their current seating capacity, but reduce their customer density by expanding their
seating areas outdoors. One method for permitting outdoor seating in this unique circumstance
is for the City to issue a newly created COVID-19 Temporary Use Permit.
ANALYSIS
Outdoor seating at eating and drinking establishments is identified in the Zoning Code as
Outdoor Entertainment and as a Conditional Use Permit (CUP) in many Zoning Districts. The
CUP process requires a Public Hearing, Plan Commission recommendations, and City Council
action. The CUP process would normally take about 45-days based on public hearing
publication and neighbor notification and the scheduled timing for meetings. Staff is hoping to
begin issuing COVID-19 Temporary Use Permits (TUP) by Memorial Day weekend, or
whenever we are authorized to issue such permits in accordance with any applicable state or
county health regulation or order.
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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The application form details the minimum requirements for Zoning,County Health,Police,Fire,
Clerk,Public Works and Inspections for the proposed TUPs. Staff has based these standards for
approval on protecting public health and safety, for the establishments' customers and
employees, and the establishments' neighbors. The planned review time for these applications
would be in 2-3 days. All COVID-19 related TUPs would expire on October 1, 2020. If an
establishment would like to make their outdoor seating permanent, the establishment would
have to apply through the normal CUP and Site Plan Review process established in Code. City
staff could issue the TUP, and the permanent CUP could still follow the normal process after the
TUP is issued.
An interested party may appeal a TUP as well as the possible revocation of a TUP. The appeal
process would be first to the Community Development Director, and then to the City Council.
The process for the appeal process is detailed in the proposed Ordinance.
FISCAL IMPACT
Staff is recommending no fee for these COVID-19 Temporary Use Permits. This is due to the
economic environment and the distress eating and drinking establishments in Oshkosh are
experiencing. Staff time will likely be considerable,but should be done in the normal course of
their day.
RECOMMENDATION
Staff recommends approval of the COVID-19 Temporary Use Permit Ordinance as presented.
Staff also recommends waiving the rules and adopting the Ordinance at the first reading.
Submitted, Approved:
Allen Davis Mark Rohloff
Community Development Director City Manager
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Ly Lorenson,
City Attorney
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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Oshkosh Convention &Visitors Bureau
100 N. Main St.,Ste. 112
Oshkosh, WI 54901
Oshkosh Convent! (920)303-9200
VisitOshkosh.com
May 12, 2020
Dear City Manager Rohloff:
The Oshkosh Convention&Visitors Bureau respectfully requests that when the
hospitality segment of the economy opens that the City of Oshkosh considers the
guidance offered by the Wisconsin Restaurant Association (WRA) and Tavern League of
Wisconsin. The WRA has created"The Wisconsin Restaurant Promise," along with
guidelines from the Wisconsin Economic Development Corporation that together provide
a starting point for our local bars and restaurants to re-open safely.
Additionally,with respect to facilitating safe social distancing,we further request that the
city adds special provisions for establishments to expand their seating capacity with new
outdoor options through October 1, 2020.
We appreciate the cooperation of the city to preserve the well-being of our tourism
economy and helping our restaurants and bars to be as successful as possible.
Sincerely,
Amy Albright, Executive Director Kris Larson, Chairperson
Oshkosh Convention&Visitor's Bureau Oshkosh Convention&Visitor's Bureau
Beckets Restaurant
Pat Purtell, President
Oshkosh/Winnebago Tavern League
COVID-19 Temporary Outdoor Seating Area
Permit Application
citov City of Oshkosh,Wisconsin
Oshkosh
Introduction
The Common Council has authorized the appropriate city staff to assist local businesses to obtain
necessary approvals to temporarily expand their outdoor seating areas. These areas may be
needed to assist businesses to comply with social distancing guidelines as the local economy
attempts to safely re-open and successfully recover from the COVID-19 health emergency during
the summer and fall months of 2020.If the seating area is desired for permanent or long-term use
the established municipal code standards and processes will need to be applied for. Contact the
Development Review Coordinator (tmuehrerCci.oshkosh.wi.us OR plannhW ci.oshkosh.wi.us)
for further details and guidance on those alternatives.
The Site Plan Review Committee will process and review each application. The committee
includes personnel from Community Development Department; Department of Public Works;
Police Department; Fire Department; Winnebago County Health; as well as the City Clerk
Department. If all necessary information is provided at the time of application the goal will be to
process the applications in 2 to 3 business days.
Temporary Use Permit Review Process/Procedure
Completed applications and submittals need to be directed electronically only (i.e. email) to the
Development Review Coordinator(tmuehrerCci.oshkosh.wi.us OR plannhW0ci.oshkosh.wi.us).
Applications may be denied or put on hold if all required information is not submitted in detail.
Upon submittal of all required information, the project will be uploaded into the City permit
review software and scheduled for review by necessary personnel.
The Site Plan Review Committee will review each project and each department will approve,
approve conditionally, or deny the submission in writing. If any department denies the permit
the permit shall be denied in total. The Development Review Coordinator shall inform the
applicant/owner in writing of the approval,conditional approval,or denial of the permit request.
Each application will need the following in order to be processed and reviewed:
1) A Completed Application(see page 2).
2) A detailed site plan illustrating where the outdoor seating area will be located;number of
tables, seats, etc. Additionally it will need to demonstrate where surrounding property
lines, street rights-of-way, parking lot, and driveways are located (see pages 4 & 5 for
guidelines and an example site plan).
3) Additional pictures, attachments and/or renderings that will help the committee best
understand the proposal in greater detail.
4) Acknowledgement this is a temporary approval for the remaining outdoor seating
timeframe (to October 1st 2020).
5) Acknowledgement that if the temporary seating area does not comply with the required
standards, the approval may be revoked.
COVID-19 Temporary Outdoor Seating Area Site Plan Review 1
May 2020
COVID-19 Temporary Outdoor Seating Area
Site Plan Review Application
City of Oshkosh,Wisconsin
Name of Business Applying: Click here to enter text.
Applicant: Name: Click here to enter text.
Email: Click here to enter text.
Phone: Click here to enter text.
Signature:Click here to enter text.By signing this application,the applicant acknowledges and agrees:
1) that all of the information submitted by applicant is true and correct;
2) that if a permit is granted upon this application that such permit is temporary in nature and shall expire on
October 1,2020,unless terminated earlier upon request of the applicant or by revocation by the City of Oshkosh;
3) that if applicant holds a current liquor license and has included a request for a temporary addition to applicant's
licensed premises which request is granted with approval of the temporary use permit,that applicant agrees that
the addition to the applicant's licensed premises shall be effective only for the period during which the licensee
has a valid temporary use permit issued for a COVID-19 Temporary Outdoor Seating Area and applicant agrees
and explicitly waives any right to hearing upon termination of the temporary use permit that the licensed area
shall automatically return to the area identified and approved as a part of the licensee's annual license application
without further action or hearing on the matter by the Council or other body.
Owner: Name: Click here to enter text.
Email: Click here to enter text.
Phone: Click here to enter text.
Signature:Click here to enter text.
Do you have an existing liquor license?Click here to enter text.
If you have an existing liquor license specify how you want to amend the license for the temporary
outdoor seating. (Example: "Add outside seating out the back door to include 4 parking stalls and a
15'x15'tent with only 1 entrance and exit"): Click here to enter text.
Site/Project Description
Street address and/or parcel number(s)of site: Click here to enter text.
Description of proposed development: Click here to enter text.
Number of tables: Click here to enter text.
Number of seats:Click here to enter text.
Existing inside capacity:Click here to enter text.
Number of bathroom fixtures: Click here to enter text.
Proposed hours of use:Click here to enter text.
Total Current Employees:Click here to enter text.
Employees Added by Expansion:Click here to enter text.
Date Signed:Click here to enter text.
COVID-19 Temporary Outdoor Seating Area Site Plan Review 2
May 2020
COVID-19 Temporary Outdoor Seating Area
Site Plan Review Application Guidelines
City of Oshkosh,Wisconsin
CLERK'S OFFICE
• If an approval is obtained the Clerk's office will add an addendum to the current license(good
through June 3011,) and will send another addendum with a renewal to get you through October
1st,2020.
POLICE DEPARTMENT
• Your site plan will need to identify boundaries the liquor license would cover.
• You will need to establish a boundary or barriers(example:snow fencing) around the area and
identify entrances.
• Identify who/which employees will be monitoring the outdoor and indoor areas.
• No noise amplification unless your establishment has an approved outdoor beer garden.
• Identify if you're removing on-site parking for the seating area how you will be providing
alternate parking or shuttle service.
FIRE DEPARTMENT&INSPECTION SERVICES
• Occupant load/current indoor max occupancy of the business cannot be exceeded.
• Egress paths to the building and/or exit paths out of fenced area shall be defined on the site plan.
• Specific table&seating arrangement.
• Current restrooms as well as handicap accessible parking shall be maintained.
• All outstanding fire code violations shall be cleared before permit is issued.
• No smoking signage shall be posted.
• Any temporary wiring shall meet temporary electric codes.
• Tent permits shall be applied for separately through the Building Inspections Division.
WINNEBAGO COUNTY HEALTH
For Outdoor seating areas only:
• Drinks must be served from inside bar.
• Practice social distancing by placing tables at least 6 feet apart(or current rules in effect).
• Tables seat no more than 6 patrons.
• Provide social distancing signs.
For Outdoor bars:
• Practice social distancing by placing tables at least 6 feet apart(or current rules in effect).
• Practice socially distancing by separating customers in the same group by 2 bar stools.
• Beverages behind the bar must be in cans or bottles and protected from customer contamination.
• Kegs,if used,must be served by a staff member—no self-service. Portable handwash sink is
required to be set up.
• No mixing drinks at outdoor bar without a plumbed handwash sink.
• Provide social distancing signs.
ZONING&PUBLIC WORKS
• Your site plan will need to provide setbacks from surrounding properties(5'minimum sides&
rear;0'front;and 50' from a residential district).If your location cannot meet these setbacks the
final location will be considered on a case-by-case basis by the Director of Community
Development.
• Trash receptacles shall be provided and all waste shall be appropriately collected and removed.
COVID-19 Temporary Outdoor Seating Area Site Plan Review 3
May 2020
Site Plan Review Committee
City of Oshkosh Contacts by Department
Department Contact Person Areas of Review
Todd Muehrer
Development Review Coordinator
Planning Services Division Zoning&performance standards
tmuehrer@ci.oshkosh.wi.us
920-236-5059
John Zarate
Inspection Services Division Chief Building Official Building code&permitting
Building&HVAC jzarate@ci.oshkosh.wi.us
920-236-5119
Jerry Fabisch
Inspection Services Division Building System Inspector Plumbing code&permitting
Plumbing jfabisch@ci.oshkosh.wi.us
920-236-5052
Justin Gierach Sanitary sewer,water,storm sewer,
Engineer Eng
Public Works/Engineering City drainage requirements;any work in the
jg.jerach@d.oshkosh.wi.us
920-236-5065 right-of-way
Dan Gabrilska
Public Works/Storm Water Civil Engineering Supervisor Grading and drainage plans,
deabrilska@ci.oshkosh.wi.us stormwater review
920-236-5065
Brian Bending
Battalion Chief Fire safetyd protection
Fire Department bbending@ci.oshkosh.wi.us an
920-236-5241
Kate Mann
Police Department Police Officer Public Safety
kmann@ci.oshkosh.wi.us
920-236-5742
Jim Collins
Transportation Department Transportation Director Access control,driveways,street lights,
jcollins@ci.oshkosh.wi.us parking lot design,transit
Raymond Maurer
Parks Department Parks Director Parks&trails
RMaurer@ci.oshkosh.wi.us
920-236-5080
Bill Sturm
Forestry Division Landscape Operations Manager/City Street trees
Forester bsturm@ci.oshkosh.wi.us
920-232-5314
Licensing and Inspection of food
Anne Boyce establishments;animal establishments;
Winnebago County Environmental Health Supervisor lodging facilities;recreational water
Health Department ABoyce@co.winnebago.wi.us facilities;mobile home parks;
920-232-3011
campgrounds;and tattoo parlors
Jeff Henkelmann Account Executive
Wisconsin Public Service TPHenkehnann@wisconsinpubhcservice.com Private utility issues
920-433-1277
Lynn Lorenson City Attorney
City Attorney LLorenson@ci.oshkosh.wi.us Developer&encroachment agreements
920-236-5115
COVID-19 Temporary Outdoor Seating Area Site Plan Review 4
May 2020
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