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HomeMy WebLinkAbout01. 20-208 MAY 18, 2020 20-208 ORDINANCE FIRST READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: CREATE ORDINANCE TO PROVIDE FOR COVID-19 TEMPORARY OUTDOOR SEATING AREAS AND AUTHORIZE CITY STAFF REVIEW AND APPROVAL OF TEMPORARY OUTDOOR SEATING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. r,A 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 r,A rw City of4 Oshkosh 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 r 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 m 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 .93 U At 41: h ¢� v .N U Q - g ti t 8 �z x t ` AD Cori •—•`• - ::fuwa� ca o ca:m'.30 fro e v C) LO ca Qs Z . 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