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HomeMy WebLinkAbout27. 22-334JULY 26, 2022 22-334 RESOLUTION (CARRIED_______LOST___2-5_____LAID OVER________WITHDRAWN________) PURPOSE: AMEND HOURS FOR MAIN STREET AREA DESIGNATED OUTDOOR REFRESHMENT AREA (DORA) INITIATED BY: COUNCIL MEMBERS MILLER AND HANSEN WHEREAS, the Common Council by Ordinance 22-271 adopted on June 28, 2022 modified Section 17-7 of the City’s Municipal Code to allow for the creation of a Designated Outdoor Refreshment Area (DORA) to permit the carrying of open containers and consumption of alcoholic beverages within the boundaries of a DORA, during such times and under such conditions as the Council may specifically permit; and WHEREAS, the Common Council by Resolution 22- 272 adopted on June 28, 2022 created a DORA District in the Downtown Main Street Area; and WHEREAS, the Downtown BID District made the original request for the DORA in this area for hours including 10 am to 9 pm on Saturdays, which hours were amended by the Council prior to approval of the DORA to 5 pm to 9 pm on Saturdays; and WHEREAS, the Downtown BID District is requesting that the Council amend the hours of the DORA on Saturdays back to the original request. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the conditions for the Designated Outdoor Refreshment Area (DORA) as adopted by Resolution 22-272 are amended as follows: To Delete:  The exception to the open intoxicants ordinance shall only permit the carrying and consumption of alcohol beverages within the boundaries of the District during the hours of 5 pm to 9 pm on Thursday and Friday evenings and from 5 pm to 9 pm on Saturdays from July 7 to October 31, 2022. JULY 26, 2022 22-334 RESOLUTION CONT’D To Add:  The exception to the open intoxicants ordinance shall only permit the carrying and consumption of alcohol beverages within the boundaries of the District during the hours of 5 pm to 9 pm on Thursday and Friday evenings and from 10 am to 9 pm on Saturdays from July 7 to October 31, 2022. TO: Honorable Mayor and Members of the Common Council FROM: Mark Rohloff, City Manager DATE: July 21, 2022 RE: Amendment to Downtown DORA Permit BACKGROUND At the June 28 Common Council meeting, Council approved an ordinance to authorize the creation of a Designated Outdoor Refreshment Area (DORA), and later adopted a resolution to specifically create a DORA in the downtown area. During discussion of the resolution, Council approved an amendment to limit the permitted time for the Downtown DORA to be 5 PM to 9 PM on Saturday evenings. This was different than the original request from the BID to allow a 10 AM start time for the Downtown DORA on Saturdays. Since the adoption of the resolution, the Common Council received a letter from the Downtown Farmers Market asking that Council reconsider the Saturday start time. As a result of that request, Council Members Hansen and Miller requested that Council consider a resolution to honor the Farmer’s Market request and change the start time to 10 AM on Saturdays. ANALYSIS One of the practical outcomes of this change would be that downtown special events would be able to take advantage of the DORA rules for their specific events. I am aware that the Oshkosh Jazz Fest is interested in having this DORA capability for their event, but this extension of DORA hours would apply to other special events in the downtown area as well. The original resolution had already allowed for a 10 AM start time, and staff is aware of the relative advantages and disadvantages and is prepared to administer the DORA within whatever parameters are set by Council. FISCAL IMPACT Following adoption of the initial resolution, Police re-calculated that the cost for the DORA patrol from 5 PM to 9 PM would be approximately $14,200. With the amended hours as proposed, the Police Department would begin the DORA patrol area at the beginning of the second shift on Saturday. The additional cost for this patrol will be $2,200. Staff will be preparing a budget adjustment to accommodate the cost for this extra patrol. Respectfully submitted, Mark A. Rohloff City Manager 1 Bartlett, Diane From:Rohloff, Mark Sent:Thursday, July 21, 2022 4:44 PM To:Bartlett, Diane Subject:FW: Clarification of Farmers Market's Position on DORA - For inclusion in agenda packet From: Michael Cooney [mailto:mjcooney5391@gmail.com] Sent: Wednesday, July 13, 2022 11:46 AM To: Jessica <Jessie@downtownoshkosh.com>,, amy@visitoshkosh.com,, Michelle | Oshkosh Farmers Markets <manager@osfmi.com>,, Michael J Cooney <mjcooney5391@gmail.com>,, Steve & Cynthia Hunt <yohuntski@aol.com>,, Julie Gordon <jagordon48@gmail.com>,, Kristi Weiss <kjweiss@sbcglobal.net>,, Bill Bracken (wgbrack13@gmail.com) <wgbrack13@gmail.com>; Diane Lowe <meowdiane@yahoo.com>; Keith Gervais <duts4@juno.com>; ralphharrison44 <ralphharrison44@gmail.com>; hogdeluxe@outlook.com; Matthew Ringenberg <ringenbergm@uwosh.edu>; Palmeri, Lori <LPalmeri@ci.oshkosh.wi.us>; Mugerauer, Matt <MMugerauer@ci.oshkosh.wi.us>; Ford, Michael <MFord@ci.oshkosh.wi.us>; Erickson, Lynnsey <LErickson@ci.oshkosh.wi.us>; Miller, Bill <BMiller@ci.oshkosh.wi.us>; Hansen, Courtney <CHansen@ci.oshkosh.wi.us>; Wojciechowski, Aaron <AWojciechowski@ci.oshkosh.wi.us>; Steve & Cynthia Hunt <yohuntski@aol.com>; Michelle | Oshkosh Farmers Markets <manager@osfmi.com>; Kristi Weiss <kjweiss@sbcglobal.net>; Meidl, Jessica <Jessie@downtownoshkosh.com>; Snell, Kathryn S <KSnell@ci.oshkosh.wi.us>; amy@visitoshkosh.com; Kris Larson <kris@becketsrestaurant.com>; Julie Gordon <jagordon48@gmail.com> Subject: Clarification of Farmers Market's Position on DORA EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. Council Members, I would like to clarify the position of the Oshkosh Saturday Farmers Market Inc. regarding DORA. In my earlier email I detailed the position of the market regarding DORA. As a farmers’ market whose primary role is to provide a venue where local food producers and customers can meet and do business, we are neither in favor or against DORA and having the assigned hours include our hours of operation. Over the years the Oshkosh Saturday Farmers Market has grown to become “Oshkosh’s Community Event.” As such the market has become the social hub of the community and a key factor in helping make downtown a vital destination. In this role we fully support the downtown community’s efforts to expand its appeal by the introduction of DORA and would welcome the expansion of hours to include the farmers market hours of operation. Our experience with alcohol being available during our winter markets suggests that it may enhance the experience of our shoppers and even bring new people to the market. As such we recommend that you expand the DORA hours to include the hours of operation of the market starting at 10:00 am as previously proposed. For the OSFMI Board of Directors -- Michael Michael J. Cooney OSFMI Board Chair 2 5391 County Rd. K Oshkosh, WI 54904 920-379-5556 mjcooney5391@gmail.com