HomeMy WebLinkAbout11-201APRIL 12, 2011 APRIL 26, 2011 11 -164 11 -201 ORDINANCE
FIRST READING SECOND READING
(CARRIED 5 -1 LOST LAID OVER WITHDRAWN )
AS AMENDED
PURPOSE: APPROVE AMENDMENT TO CHAPTER 25 STREETS &
SIDEWALKS TO CREATE SECTION 25 -62 SIDEWALK
CAFE /OUTDOOR SEATING REGULATIONS IN THE PUBLIC
RIGHT -OF -WAY ON NORTH MAIN STREET
INITIATED BY: BUSINESS IMPROVEMENT DISTRICT; DEPARTMENT OF
COMMUNITY DEVELOPMENT
BID BOARD RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING REGULATIONS
FOR SIDEWALK CAFE /OUTDOOR SEATING AREAS WITHIN THE PUBLIC RIGHT-
OF-WAY
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 25 -62 Sidewalk Cafe /Outdoor Seating is hereby
created to read as follows:
SECTION 25 -62 SIDEWALK CAFE /OUTDOOR SEATING
(A) Purpose
To further encourage the revitalization of the Downtown and Main Street areas of
the city of Oshkosh, including the development of social and economic activity.
(B) Definitions
(1) Sidewalk Cafe: An expansion of an establishment creating an outdoor
seating facility on part of the public right -of -way that immediately adjoins
the licensed premises for the purpose of consuming food or beverages
prepared at the full service restaurant, coffee shop or tavern adjacent
thereto.
(C) License Required
A Sidewalk Cafe License is required to construct and operate a sidewalk cafe or
outdoor seating area in the city of Oshkosh. No person shall sell any food and /or
beverages at a sidewalk cafe unless such a license has been issued.
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(1) Before a cafe license may be issued, an application and site plan shall be
reviewed for approval by the Site Plan Review Committee. During the
review, any concerns with the site plan will be addressed and
communicated to the applicant. All issues and concerns must be
addressed before final approval of the application.
(2) The license shall not be transferrable either through person or premise.
(3) All submitted applications shall include at least the following information:
(a) Completed application form and application fee.
(b) Ten copies of a scaled site plan which depicts the dimensions of
the existing sidewalk area and adjacent property, the location of the
proposed sidewalk cafe, size and number of tables, chairs,
planters, umbrellas, location of doorways, trees, parking meters,
bus shelters, sidewalk benches, bike racks, trash receptacles, or
any other sidewalk obstructions either existing or proposed, within
the pedestrian area.
(c) Photographs, drawings, or manufacturer's brochures fully
describing the appearance and dimensions of all proposed tables,
chairs, umbrellas, or other objects relating to the sidewalk cafe.
(d) Copy of a current certificate of insurance in the amount and
categories required by section (G) of this Ordinance.
(4) A sidewalk cafe license does not grant the licensee exclusive use of the
public right -of -way.
(a) All public improvements including, but not limited to trees, light
poles, traffic signals, manholes, or any public initiated maintenance
procedures, shall take precedence over the use of the public right -
of -way pursuant to the sidewalk cafe license at all times.
(b) Licenses issued under this section may not be valid on any day that
a permitted special event would close the street and /or sidewalk in
front of the sidewalk cafe to normal use or traffic. Special Events
organizers upon approval of the Special Event Permit by the
Common Council shall notify sidewalk cafe license holders prior to
scheduled events.
(5) The approval of a sidewalk cafe license is conditional at all times. A
sidewalk cafe license may be revoked or suspended by the City when
necessary to protect the public health, safety, or welfare; to prevent a
nuisance from developing or continuing; in emergency situations; or due to
noncompliance with this Section, the City Municipal Code, or applicable
state or federal law.
(6) The cafe license shall be renewed on an annual basis and be valid from
April 1 st through October 31 st of any year.
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(D) Location
(1) Sidewalk cafes may be permitted on public sidewalks on North Main
Street within the area bound by Irving Avenue to the north and Ceape
Avenue to the south.
(2) Sidewalk cafe outdoor seating areas may be located only on that portion
of the public right -of -way that is a minimum of five (5) feet from the right -
of -way line, and two (2) feet from established face of curb or street where
the license holder's business is located, and shall not be in conflict with
the City's Municipal Code (See Figure 1).
(3) Sidewalk cafes shall extend no further than the side property lines of the
establishment's street frontage.
(4) A minimum of five (5) feet of unobstructed public pedestrian walkway
adjacent to the right -of -way line shall be maintained at all times (See
Figure 1).
(5) No part of the sidewalk cafe shall obstruct access to any fire hydrant nor
obstruct the view of any fire hydrant from the street.
(6) No sidewalk cafe shall be permitted within five (5) feet of the sides of bus
stops or bus shelters, nor permitted in a manner that interferes with the
use of bus stops or interferes with the ingress or egress from any bus
shelter.
(7) No portion of a sidewalk cafe shall be located within five (5) feet of a curb -
cut, a marked crosswalk, or any other obstruction including, but not limited
to, a parking meter post, sidewalk bench, bike rack, kiosk, etc.
(8) No portion of a sidewalk cafe shall be located to obstruct any truck, freight,
or passenger loading zone, nor adjacent to any disabled parking space.
(9) At least one (1) unobstructed entrance of at least three (3) feet in width
shall be maintained to allow sufficient public entry /exit to sidewalk cafe.
(10) No sidewalk cafe shall be placed on any grass, lawn, or any unpaved
areas of the right -of -way.
(11) No portion of the sidewalk cafe shall be used for food or beverage
preparation, storage or refrigeration.
(E) Restrictions
(1) Signage
No signs shall be permitted in the sidewalk cafe area except the following:
(a) Table umbrellas with the license holder's business name printed
thereon or name(s) of products sold at the business.
(b) Sandwich board signs or any other signs for which the license
holder has obtained the appropriate permits.
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(c) A hand -held menu provided to patrons by the license holder shall
not be considered a sign. Tabletop documents such as wine lists or
information pertaining to the business shall not be considered signs
if they are not more than 9 x 12 inches.
(d) Off - premise signage or advertising shall be prohibited.
(2) Use of Public Property
(a) No license holder may use any public property such as light poles
or other utility poles, flower planters, trees, or other amenities as a
point of attachment for anything, including ropes, posters, signs, or
electrical cords.
(b) No license holder may use public electric receptacles for any
purpose.
(3) Obstruction in Clear Walkway
No license holder shall place any object such as chairs, tables, signage,
electric cords, etc. in the sidewalk from the right -of -way line to five (5) feet
from the right -of -way line (See Figure 1).
(4) Obstruction of Traffic
No license holder may place, construct, or maintain fencing, a barrier, or
any other object that would obstruct the view for traffic on the streets,
alleyways, driveways, or for any other vehicle traffic path.
(5) Furnishings
(a) The license holder shall use, and maintain in good repair, safe,
sturdy furniture designed for outdoor use.
(b) The license holder shall use furnishings and equipment which
enhance the aesthetics of the surrounding area.
(c) Umbrellas and other decorative material shall be wood, canvas,
cloth, plastic metal or similar material.
(i) Umbrellas shall be stabilized to prevent them from being
lifted from their holders or blown over by wind. No alteration
of city property shall be allowed.
(ii) No portion of an umbrella shall be less than six feet eight
inches (6'8 ") above the sidewalk.
(d) All furnishings shall be readily removable and shall not be
physically attached, chained, or in any manner affixed to any
structure, tree, post sign, or other fixture, curb, or sidewalk.
(e) The City, its officers and employees, shall not be responsible for
sidewalk cafe fixtures that are relocated or damaged.
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(f) A cafe license holder that is allowed to sell or serve alcohol
beverages shall maintain a freestanding decorative barrier
establishing the boundaries of the sidewalk cafe on all sides with
exception of a 36 inch wide open section facing the business for
ingress and egress from the cafe area. Such barrier shall be
between 34 inches and 38 inches high, and shall not extend into
the area outside the sidewalk cafe area authorized in the license.
(g) All furnishings shall be removed daily from the public right -of -way at
the end of business or by 10:30 p.m., whichever is sooner. The
license holder shall also remove from the sidewalk cafe all
furnishings anytime that service is not authorized or is not being
offered to the public at the sidewalk cafe.
(6) Dates and Hours
(a) A sidewalk cafe may be open for business between the hours of
7:00 a.m. and 10:00 p.m.
(b) A sidewalk cafe shall not be open during hours when food or
beverage service is not available.
(c) A sidewalk cafe shall be allowed from April 1 St until October 31st
(7) Lightin
Lighting shall be shielded so as not to shine directly onto adjoining
property or create a glare that is distracting to adjoining property users or
to vehicles in the street.
(8) Music /Noise
The license holder shall not direct or allow to be directed, music into the
sidewalk cafe area by means of outdoor speakers or jukeboxes, nor shall
the license holder allow live music in the sidewalk cafe area.
(9) Patron Service
(a) No person may be served in the sidewalk cafe unless seated.
Sidewalk cafe capacity is limited to the number of seats in the cafe.
(b) During the sidewalk cafe's operating hours, patrons being served
within the sidewalk cafe shall count towards the premise's
established capacity.
(10) Sidewalk Cafe Maintenance
(a) The license holder shall remove all trash from the sidewalk cafe on
a regular basis during business hours, and shall keep the sidewalk
cafe area in a clean, orderly, litter -free and hazard -free condition.
(b) The license holder shall remove litter from the abutting properties
which may have come from the sidewalk cafe.
(c) The license holder shall not place any solid waste in the City solid
waste containers.
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(11) Food & Beverage Service
Food and beverages may only be served with plastic, metal or paper
dishes or containers. Glass or crockery shall be prohibited in the sidewalk
cafe.
(F) Service of Alcohol Beverages
A license holder may sell and serve alcohol beverages in an outdoor cafe only if
the license holder complies with all the requirements for obtaining an alcohol
beverage license, and the sidewalk cafe is listed on the alcohol beverage license
application as being an extension of the licensed premises. Alcohol may be
served at sidewalk cafes under the following conditions:
(1) The license holder has a valid and appropriate alcohol beverage license
for the principal premises.
(2) The alcoholic beverage license includes the sidewalk cafe in the
description of the licensed premises.
(a) Applicant shall file a written explanation of the purpose, intent and
operation of the sidewalk cafe with the City Clerk.
(3) Alcohol beverages may only be sold and served to patrons seated at
tables in the sidewalk cafe.
(4) Alcohol beverages may only be served by a licensed bartender in
compliance with the alcohol beverage laws, ordinances, and regulations.
(5) No beverages shall be prepared in the cafe area.
(6) Alcohol beverages may only be served in plastic, metal or paper
containers. Glass or crockery shall be prohibited in the sidewalk cafe.
(7) The license holder shall be responsible for monitoring the sidewalk cafe
area to prevent underage persons from entering or remaining in the
sidewalk cafe, except when underage persons are allowed to be present
on the licensed premises under applicable laws.
(8) The license holder shall not allow patrons of the sidewalk cafe to bring
alcohol beverages into the sidewalk cafe from another location, nor to
carry open containers of alcohol beverages about in the sidewalk cafe
area, nor to carry open containers of alcohol beverages served in the
sidewalk cafe outside the sidewalk cafe area.
(9) The service area from which the alcohol beverages are dispensed shall be
located indoors and shall not be located in the sidewalk cafe area.
(10) The license holder may begin serving alcohol beverages at 7:00 a.m. The
last call for alcohol beverages shall be at 9:30 p.m. All alcoholic
beverages must be removed from the sidewalk cafe by 10:00 p.m.
(11) The City Manager, Chief of Police or designee without notice may close a
sidewalk cafe at any time if the health, safety, welfare, or good order of the
city is threatened.
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(G) Liability Insurance
No applicant shall be issued a sidewalk cafe license without providing proof of
sufficient liability insurance covering the sidewalk cafe area in the following
minimum amounts:
Commercial general liability: $1,000,000 per occurrence /general aggregate.
Employer's liability: $300,000 policy limit; $100,000 per employee.
(1) The license holder must agree to indemnify, defend and hold the City, its
employees and agents harmless against all claims, liability, loss, damage,
or expense incurred by the City as a result of any injury to or death of any
person or damage to property caused by or resulting from the activities for
which the license is granted.
(2) As evidence of liability insurance, the license holder shall furnish a
Certificate of Insurance, on a form acceptable to the City, evidencing the
existence of adequate liability insurance naming the City of Oshkosh, its
employees and agents as additional insureds.
(3) Whenever such a policy is cancelled, not renewed, or materially changed,
the insurer and the license holder shall notify the City of Oshkosh by
certified mail.
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SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #11 -XXX APPROVE AMENDMENT TO CHAPTER 25 STREETS &
SIDEWALKS TO CREATE SECTION 25 -62 SIDEWALK CAFE /OUTDOOR SEATING
REGULATIONS IN THE PUBLIC RIGHT -OF -WAY ON NORTH MAIN STREET on April
26, 2011. The full text of the Ordinance may be obtained at the Office of the City Clerk,
215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us Clerk's phone:
(920) 236 -5011.
J'HK fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich�t_
Director of Planning Services
DATE: April 21, 2011
RE: Approve Amendment to Chapter 25 — Streets and Sidewalks, to allow sidewalk
cafes /outdoor seating on public right -of -way on North Main Street from Ceape Avenue
to Irving Avenue.
BACKGROUND
The City of Oshkosh is proposing an Outdoor Dining/Sidewalk Caf6 Ordinance to further encourage
the revitalization of the Downtown and Main Street area of the City of Oshkosh, including the
promotion of social and economic activity. The proposed language will be added to Chapter 25
(Section 25 -62) of the City of Oshkosh Municipal Code which will allow caf6 -style seating on public
sidewalks on North Main Street from Ceape Avenue to Irving Avenue. The newly reconstructed N.
Main Street now provides the opportunity to create a pedestrian- friendly environment including the
addition of cafe -style seating.
ANALYSIS
The purpose of the Sidewalk Caf6 /Outdoor Seating Ordinance is to encourage the revitalization of the
downtown and N. Main Street area including the development of social and economic activity. The
proposed ordinance provides guidelines and requirements to allow outdoor caf6 -style seating in public
right -of -way for restaurants, coffee shops and taverns. The proposed ordinance will allow restaurants,
coffee shops and taverns to serve food, nonalcoholic and alcoholic beverages within the public right -
of -way. Sidewalk cafes will be required to obtain a cafe license which will include review by the Site
Plan Review Committee prior to issuance of the license. License approval, implementation and
oversight will be coordinated by the Department of Community Development.
The Department of Community Development gave an informational presentation to the Plan
Commission at their April 19` meeting. The Plan Commission could not act on it as the proposed
ordinance is outside of Chapter 30 of the Municipal Code. However, the Commission made a
recommendation that a proposed cafe should be able to encroach into vacant neighboring caf6
designated areas with written consent from the neighboring property or properties. This added
language would be added under:
Section 25- 62(D)(3)(a) A Sidewalk Cafe may extend into adjacent vacant caf6 area(s) with
written consent from the neighboring property or properties.
Section 25- 62(D)(3)(b) At any time, the neighboring property may terminate the use of the
extended Sidewalk Caf6 within their designated cafe area. Said termination shall be submitted
in writing to both the City and Caf6 License holder.
The Department of Community Development supports this added language and recommends a member
of the Common Council motion an amendment to include this added language to the proposed
ordinance.
FISCAL IMPACT
N/A
RECOMMENDATION
The BID Board and the Department of Community Development recommend approval of the
ordinance as proposed.
Approved,
City Manager
ITEM: NEW CAFE DRAFT ORDINANCE — CHAPTER 25 OF OSHKOSH
MUNICIPAL CODE
This item was laid over from the Plan Commission meeting of March 1, 2011
Plan Commission meeting of April 19, 2011
GENERAL INFORMATION
Applicant: Department of Community Development
Background Information:
The City Department of Community Development requests review of added language to Chapter
25 of the City of Oshkosh Municipal Code which will allow cafe -style seating on public sidewalks
on North Main Street from Ceape Avenue to Irving Avenue. The newly reconstructed N. Main
Street now provides the opportunity to create a pedestrian- friendly environment including the
addition of cafe -style seating.
ANALYSIS
The purpose of the Sidewalk Cafe /Outdoor Seating Ordinance is to encourage the revitalization of
the downtown and N. Main Street areas including the development of social and economic
activity. The proposed ordinance provides guidelines and requirements to allow outdoor cafe -style
seating in public right -of -way for restaurants, coffee shops and taverns.
RECOMMENDATION /CONDITI
No action is required.
The following is the Plan Commission's discussion on this item.
Mr. Nau presented the item and noted that no action was required for this proposal; it was being
presented for discussion and informational purposes only. The draft ordinance was presented to
the Common Council last week and he discussed the history behind the development of the
proposed ordinance. He reviewed the purpose, licensing, location, restrictions, and the service of
alcoholic beverages in the cafe area. He also reviewed depictions displaying the layout of the
outdoor cafe area and stated that the Business Improvement District (BID) approved of the request
at a previous meeting. The outdoor cafe would be permitted from April 1 sc through October 31
each year and the ordinance would be presented to the Common Council for the second reading
next week.
Mr. Nollenberger commented that he felt the concept was good however most other cities that he
has seen implement this have placed the seating near the buildings not next to the street and was
wondering what the reasoning was behind this concept. He also questioned if Irving Avenue
would be the end of the district where the outdoor cafe would be allowed.
Mr. Nau responded that the cafd area would run from Ceape Avenue to Irving Avenue on Main
Street and the placement of the outdoor cafd was determined by the requirement of providing five
feet for the right -of -way.
Mr. Gohde added that ADA accessible walk way must be provided and the requirements cannot be
met when placing the cafd area near the buildings with the street trees and other streetscape
elements along the curbing area.
Mr. McHugh stated that the Business Improvement District ends at Parkway Avenue with the BID
taking care of beautification and other elements of improvements from the bridge to Parkway
Avenue. He questioned if the city was going to be maintaining the rest of the area to ensure it
looks as good as the BID area. He further commented that he felt the BID area reaps more benefits
from the city than other areas and questioned the validity of a citizen's claim that the proposed
cafd ordinance was not legal to implement.
Mr. Nau responded that the businesses participating in the outdoor cafd activities were responsible
for their own cafd elements and that the BID members voluntarily pay additional taxes to fund the
amenities in the downtown area that benefit their business establishments and business
improvement district.
Mr. Burich added that the City Attorney has been consulted on the citizen's claim that the outdoor
cafe was not legal to implement, and she does not agree with his interpretation of the law.
Mr. Thorns stated that he did not think it was appropriate to allow citizens to be drinking alcohol
on city streets at 7 am. He also questioned what prevents a business from utilizing space in front
of an adjacent business who may not be participating in the outdoor cafd. He also inquired if the
cafd was just for Main Street businesses or if establishments on Market Street would be included.
Mr. Burich replied that although the cafd ordinance allows businesses to open outdoors at 7 am, it
does not mean citizens will be drinking alcohol at that time; however there are coffee shops that
may want to serve at that time of day. He further stated that the city does not want to see
businesses encroaching into other areas other than in front of their own establishments without the
written consent of the neighboring property owner. The outdoor cafd would not be allowed on
Market Street as the sidewalk is not wide enough to accommodate it and that we need to have a
starting point for this concept and other areas could be incorporated as streets are reconstructed if
there is adequate space to widen sidewalks to allow an area for the cafd.
Mr. Hinz inquired what makes downtown businesses so special that they have this advantage over
other businesses in other areas of the city.
Mr. Fojtik commented that downtown businesses went through a long process to develop this
concept.
Mr. Bowen added that nothing is stopping businesses from forming a Business Improvement
District in other areas of the city and Main Street has a character of its own where this concept is
appropriate. This type of activity would not necessarily fit into all areas in the city.
Item III -Z. O. text amendment nonconforming use regs
Mr. Thoms commented that restrictions and taxes are the difference for downtown businesses
within the BID and other commercial areas of the community.
Mr. Burich responded that the reconstruction of Main Street enabled this concept to move forward.
Mr. Borsuk questioned if the alcohol section for the cafd has a defined area.
Mr. Nau replied that it does have restrictions of requiring a barrier in place defining the area and
referenced the section of the ordinance on page 3.
Mr. McHugh stated that statistics show that BID contributions have declined from $50,000 to
$10,000 in the past years and there is a double standard in Oshkosh where the 400 block of Main
Street gets more benefits than other areas of the city.
Mr. Hinz stated that if the ordinance allows outdoor cafe's to begin serving at 7 am, he felt
someone should look into the matter of whether alcohol could be served at that time as he thought
the license requirements did not allow the serving of alcohol until 8 am.
Item III -Z. O. text amendment nonconforming use regs