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Resolution 25-21 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: April 26, 2021 Initiated By: Alison LeRoy, Community Events Director Re: Resolution No. 24-21 –A Resolution to Approve the Application Filed by the City Manager Thereby Creating a Designated Outdoor Refreshment Area in Bridge Park and Enacting Regulations and Resolution No. 25-21 –A Resolution to Approve the Application Filed by the City Manager Thereby Creating a Designated Outdoor Refreshment Area in Historic Dublin and Enacting Regulations Background Attached for your consideration are Resolution 24-21 and 25-21, which will establish two Designated Outdoor Refreshment Areas (DORAs) in Downtown Dublin. The areas in Bridge Park and Historic Dublin will encompass the retail and business areas on each side of the river. Once these resolutions are approved and the permits from the state are received, the DORA pilot program will be in place until late August. At that time, staff will create a report for Council to review and Council can vote to disband, expand or continue the parameters of the DORA. The State of Ohio recently released a new document stating that the time needed to issue new permits could take up to three weeks. The signed Resolutions will be sent immediately following the approval so that the latest expected dates for the DORA program to be active is Thursday, May 20. If permits are received sooner than expected, the area could be activated earlier. Staff will produce various communications pieces and a web page to promote the areas and guidelines for residents and businesses. Staff will also hold a virtual meeting in early May to answer questions any of the retailers or businesses may have. Evaluation Staff will be tracking a variety of measurements throughout the pilot period. Results will be shared midway through the and at the August Council meeting. Online there will be a survey for retailers, visitors and residents to collect information and opinions about the pilot program. In addition, staff will track police statistics including calls to the area, citations, accidents, etc. CPI staff will also share a ZenCity report tracking public sentiments on social media. Office of the City Manager 5555 Perimeter Loop • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 Memo Memo re. Resolutions 24-21 and 25-21 April 26, 2021 Page 2 of 3 Branding Staff has developed a branding campaign which will be used on all supporting materials including cups, signage, maps and any other marketing materials. Below is the main logo: Cups All retailers will need to use the specially branded cups shown below. Staff researched having a compostable reusable or recyclable cup. The cup selected will be recyclable but unfortunately, there is no one who processes this material at this time. The compostable and reusable cups were not chosen because of the extra burden of cost and processing. This is an area that can be revisited after the pilot program. Memo re. Resolutions 24-21 and 25-21 April 26, 2021 Page 3 of 3 Window Clings Each business in the Downtown Dublin area will display one of the window clings shown below. Signage In order to mark the edge of the DORA boundaries as required by the State of Ohio, staff will create sidewalk stickers. These will be evaluated at the end of the pilot because they have a shorter life-span than a permanent street sign. Recommendation Staff recommends approval of Resolution 24-21 and 25-21, Resolutions to Approve the Application to be Filed by the City Manager Thereby Creating a Designated Outdoor Refreshment Area and Enacting Regulations establishing DORAs in Downtown Dublin. Application to the Council of the City of Dublin, Ohio for the establishment of a Designated Outdoor Refreshment Area, with specific boundaries, in the Historic Dublin area. Submitted: March 12, 2021 Introduction The City Manager of Dublin, Ohio respectfully submits the following application to the City Council of Dublin, Ohio to approve and establish a Designated Outdoor Refreshment Area (hereinafter “DORA”), pursuant to Ohio Revised Code (“ORC”) § 4301.82. The proposed application meets all the state requirements. This area is located in Dublin’s Historic District. A DORA is an area where the open carry restrictions do not apply at particular hours, and adults are permitted to possess and consume alcohol in public, with certain restrictions. DORAs have already been established in several cities in central Ohio. The purpose of the City’s DORA would be for the economic betterment of businesses, residents, and property owners within the DORA, as well as the City of Dublin as a whole. Section 1 – Boundaries In accordance with ORC § 4301.82(B)(1)(a) and F(1)(a), the boundaries of the DORA are depicted in the map on the next page. The specific boundaries of the DORA, including street addresses are shown below. This proposed DORA area is approximately 20 acres, and the limit for a DORA boundary in a City with over 35,000 is three hundred and twenty contiguous acres. Street Starting Address Final Address E. Bridge St. 8 16 W. Bridge St. 1 65 S. High St. 6 138 N. High St. 3 108 Franklin St. 34 36 Darby St 24 37 North St. 20 20         DORA Boundary Map         Section 2 - Nature and types of establishments located within the proposed DORA In accordance with ORC § 4301.82 (B)(2), the nature and types of establishments located within the DORA are as follows: The DORA encompasses portions of Historic Dublin. Within the DORA, the majority of the buildings have retail and restaurants on their first floor. The floors above have a mixture of office space, apartments and condominiums. There are also institutional uses typical of a historic downtown and new mixed-use development. Examples of the retail, dining and services establishments located in the DORA: Retail: Address Dublin Toy Emporium 28 N High St. Extravagifts 24 N High St. Boho 72 N High St. Daso Cabinetry 13 S High St. Dining: Our Cupcakery 54 S High St. Dublin Village Tavern 27 S High St. Coast Wine House 75 S High St. Tuccis 35 N High St. Harvest Pizza 45 N High St. Condado Tacos 102 N. High St. Services: HER Realty 22 N High St. Xcelerate Media 61 W. Bridge St. Dublin Barber Shoppe 24 S High St. Edward Jones – Kyle Hatfield 66 S. High St. There are a limited number of single-family residential units in the historic downtown area and condominiums on North High St. Section 3 - Qualified Permit Holders In accordance with ORC § 4301.82 (B)(3), the DORA will encompass not fewer than four qualified permit holders as defined by ORC § 4301.82 (A), which are identified in the chart below. As new establishments receive a permit in the DORA area, they will be added. Permit Number Permit Name DBA Street1 0406560 B2AM DUBLIN LLC 52 S HIGH ST 0463587 BARNUM TIBBETTS LTD DBA OSCARS 84 N HIGH ST & PATIO 1657350 CONDADO TACOS 9 LLC DBA CONDADO TACOS 102 N HIGH ST & PATIO         2978896 GTN CORP DBA DUBLIN VILLAGE TAVERN 27-29 S HIGH ST & PATIO 3648875 HARVEST DUBLIN LLC DBA HARVEST PIZZERIA 45 N HIGH STREET 4004329 HOUSE OF STYLE INC DBA MODERN MALE 24 DARBY ST 4179535 J LIU OF DUBLIN INC DBA J LIUS 50 W BRIDGE & PATIO 4741683 KOK ENTERPRISES LLC DBA MR SUSHI 1ST FL & BSMT & PATIO 3 N HIGH ST 6423720 NO SOLICITING DUBLIN LLC DBA NO SOLICITING & PATIO 86 N HIGH ST STE 100 6442899 NORTH HIGH BREWING DUBLIN LLC DBA NORTH HIGH BREWING 56 N HIGH ST & PATIO 6779370 PEARL BRIDGE PARK LLC DBA THE PEARL 88 N HIGH ST & PATIOS 7294550 REMYRHT LIMITED DBA MEZZO RISTORANTE & BAR 12 WEST BRIDGE ST PATIO & BALCONY 9083131 TUCCIS LTD 35 N HIGH ST & PATIOS Coast Wine House 75 S. High ST 12046700165 CAMERON MITCHELL RESTAURANTS LLC DBA THE AVENUE STEAK TAVERN 94 N HIGH ST 1ST FL & PATIO ONLY 22506630006 DONATOS PIZZERIA LLC DBA DONATOS PIZZA 1ST FL ONLY 6 S HIGH ST Section 4 – Master Zoning Plan for Area In accordance with ORC § 4301.82 (B)(4), the uses of land within the DORA are in accord with the master zoning map of the City of Dublin, and the parcels are zoned as follows: · HD-HC: Historic District - Historic Core · HD-P: Historic District – Public · HD-HS: Historic District – Historic South · BSD-HT: Bridge Street District – Historic Transition Eating and drinking establishments that serve alcohol are permitted uses in all of these zoning districts, with the exception of BSD Public. The proposed DORA is located within an area of the city that supports a mix of uses, including entertainment, dining, retail, office, residential and parkland and complements the uses within this area. Section 5 - Proposed Requirement for the Purpose of Ensuring Public Health and Safety Section 5.1 - Safety Plan In accordance with ORC § 4301.82 (B)(5) and (F)(1)(d), a Safety Plan has been developed to ensure public safety in the DORA. Current Public Safety personnel are adequate to maintain public safety within the DORA. The City of Dublin Police Department has multiple resources that will enable it to maintain public safety within the DORA.         Staffing in the DORA would consist of: x Permanently assigned district officer(s) will patrol the DORA as it is within their assigned area. These officer(s) have the flexibility to patrol on foot, on a bicycle or in their patrol cars. x To help supplement the district officer(s) on a regular basis during evening and weekend hours, Community Service Officers (CSO’s) with specialized training by the Dublin Police Department will assist in monitoring the DORA. x The Chief of Police and/or designee may assign additional officers to events occurring within the DORA or establish other staffing mandates based on upon events occurring within the DORA. x The Chief of Police and/or designee shall meet and review the Safety Plan, as needed, for any special events within the DORA or as other circumstances may require additional public safety staffing. x Special event organizers may be required to pay for special duty officers or overtime for public service if necessary to ensure adequate health and public safety requirements. Beginning with the commencement of the DORA, continuing for a period of six (6) consecutive months, the City of Dublin Police Chief and/or designee shall meet monthly and review the Safety Plan herein for the purpose of determining whether updates, modifications, or supplementation may be advisable or required, and in said event, such changes shall be presented for consideration and implementation. The Chief of Police has determined that the Safety Plan described herein is sufficient to maintain public safety within the DORA. This Safety Plan can be executed with the existing personnel of the Dublin Police Department. Section 5.1.1 - Additional Rules and Requirements In accordance with ORC § 4301.82 (B)(5), and in conjunction with other rules, standards and requirements set forth in this application, additional rules and requirements for the purpose of ensuring public safety and health within the DORA are as follows: A. A person may have in the person’s possession an open container of beer, wine, or intoxicating liquor at an outdoor location within the DORA if the open container of beer, wine, or intoxicating liquor was purchased from a qualified permit holder to which both of the following apply: 1. The permit holder’s premises is located within the DORA; and 2. The permit held by the permit holder has an outdoor refreshment area designation.         B. No person shall do any of the following: 1. Enter the premises of an establishment of a qualified permit holder within the DORA while possessing an open container of beer, wine, or intoxicating liquor acquired elsewhere, or 2. Possess an open container of beer, wine, or intoxicating liquor while being in or on a motor vehicle within the DORA, unless the possession is otherwise authorized under division (D) or (E) of ORC § 4301.62. Section 5.2 - Sanitation Plan In accordance with ORC § 4301.82 (B)(5), (F)(1)(e), and (F)(1)(f), a Sanitation Plan has been developed that will help maintain the appearance and public health of the area within the DORA. There are currently sufficient permanent trash receptacles located within the proposed outdoor refreshment area. The trash receptacles will be serviced by the City on a regular schedule. Additional collections will be done on an as needed basis and will be serviced by the City’s refuse collection contractor. City staff will monitor the receptacles and coordinate additional collections, if needed. Trash receptacles may be moved and additional trash receptacles may be added within the DORA at the discretion of the Deputy City Manager/Chief Operating Officer or designee. Upon approval of the Deputy City Manager/Chief Operating Officer or designee, additional receptacles may be added by the city or any qualified permit holder, and the servicing of such receptacles shall remain the responsibility of the installing entity. Temporary trash receptacles will be placed at various locations throughout the outdoor refreshment area during special events depending on the size of the event and the attendance expected. The purchase, installation, maintenance and removal of temporary trash receptacles will be the responsibility of event organizers. Additionally, each participating establishment will be required to provide and maintain adequate trash receptacles at the entryways of their businesses and/or patio areas. The Deputy City Manager/Chief Operating Officer shall evaluate the need and frequency of street sweeping and servicing trash receptacles, and, if needed or advisable, implement changes or modifications to the sanitation plan from the commencement of the DORA until the dissolution of the DORA. The City Manager has determined that the Sanitation Plan described herein is sufficient to help maintain the appearance and public health within the DORA. This Sanitation Plan can be executed with the existing personnel of the City of Dublin.         Section 6 – Additional Information Section 6.1 - Signage In accordance with the ORC § 4301.82 F(1)(b), there will be approximately 32 signs designating the boundary of the DORA. The location and spacing of the signs is shown on the map on the following page, sign locations are indicated by starts on the map. The signs will be mounted and located at all street intersections along the boundary of the DORA. A sample of the sign is below (design of official logo for District to be determined):         Signage Map         6.2 - Hours of Operation & Events In accordance with ORC § 4301.82 (F)(1)(c), the hours of operation for the DORA will be: Thursday - Saturday 5 p.m. – 10 p.m. Events outside these hours as approved by City Council These hours/days can be changed by council at any time. The City of Dublin requires that each Community Event receives a permit through the Division of Community Events. Permit requirements may differ between events depending on their size, layout, use of right of way, and program. However, each event will be reviewed to ensure that adequate sanitation, signage, and public safety requirements are established. The necessity of portable restrooms, handicap accessibility, pedestrian mobility, public safety ingress and egress, crowd control, DORA boundary management, and trash management will be addressed. Should an event wish to sell alcohol within the DORA boundaries, the requests will still be approved by Council and the event will need to acquire an F class license from the State of Ohio. Submitted by: Dana McDaniel, City Manager Date EN00348.Public-00348 4822-4995-5296v1