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Home My WebLink About09-274JULY 14, 2009 09 -274 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: CREATE AN ORDINANCE DESIGNATING PORTION OF PUBLIC WAY (ALLEY) LOCATED BETWEEN THE 400 BLOCK OF NORTH MAIN STREET AND THE 400 BLOCK OF JEFFERSON STREET AS A PEDESTRIAN MALL INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING CHAPTER 27 —A - 10.2 PEDESTRIAN MALL WHEREAS, it will benefit the health, safety, and welfare of the public to create a pedestrian mall in a portion of a public alley currently located between the 400 block of North Main Street and the 400 block of North Jefferson Street, The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Chapter 27, Vehicles and Traffic, Section A — 10.2 of the Oshkosh Municipal Code is hereby created to read as follows: A pedestrian mall as described in Section 66.0905, Wisconsin Statutes, including any subsequent amendments thereto, shall be created to allow primarily for the movement, safety, convenience and enjoyment of pedestrians, and to limit vehicular traffic at the following location: [incorporate legal description identified in Exhibit A, attached] 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 #09 -XXX CREATE AN ORDINANCE DESIGNATING PORTION OF PUBLIC WAY (ALLEY) LOCATED BETWEEN THE 400 BLOCK OF NORTH MAIN STREET AND THE 400 BLOCK OF JEFFERSON STREET AS A PEDESTRIAN MALL, on July 28, 2009. The ordinance creates a pedestrian mall comprising a portion of the former public alley between Main Street and Jefferson Street within the 400 block north. The pedestrian mall will assist the movement, safety, convenience, and enjoyment of pedestrians and limit vehicular access in this area. 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. 0 O.f HK0_f ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinn Director of Co ity Development DATE: July 9, 2009 RE: Approve Designating Portion of an Alley in the 400 Block of North Main Street as a Pedestrian Mall BACKGROUND /SUBJECT PROPERTY In implementing the 400 Block East Parking Lot reconstruction project, the City Administration is requesting that the northern three - fourths of the alley running behind the 400 Block of North Main Street be changed from public right -of -way (an alley) to a pedestrian mall. This change in status is required because driveway access to Merritt Avenue will be eliminated and a sidewalk installed to service the backside of the N. Main Street properties. ANAT,YSTS The parking lot reconstruction design calls for conversion of the existing alley to a pedestrian mall and elimination of outside private parking between the alley and the east walls of the buildings. The installation of the sidewalk will eliminate all parking spaces on the back side of the N. Main Street properties and in return for losing those spaces the property owners have agreed to limited term parking spaces in the improved public lot. The designation as a pedestrian mall is to facilitate safe and convenient movement of pedestrians from the adjacent public parking facility to the rear entrances of the businesses located along the 400 Block of North Main Street and to also provide pedestrian access between businesses. The proposed use as a pedestrian mall will not affect deliveries, as delivery trucks will be able to park in the drive aisle /lane immediately behind the businesses. Part of the reconstruction project also includes a relocated common dumpster enclosure away from the rear of the buildings. The Ordinance before Council to change the pedestrian mall designation is in conjunction with accepting easements for the public improvements and public access to the rear of these businesses. At its July 28th meeting, Council will be asked to accept the necessary easements for the improvements as well as approve agreements with various property owners that provides for one free parking stall per building for a period of 15 years. Property owners have agreed to the overall project and executed the necessary easements and parking agreements with the understanding that these improvements will be undertaken on their properties in exchange for these considerations. FISCAL IMPACT Bids for the reconstruction project will be opened July 20th. Council will be asked to approve of the bids at its July 28th meeting. RECOMMENDATION The Plan Commission approved of this request at its July 7, 2009 meeting. Approved, City Manager ITEM: ESTABLISHMENT OF A PEDESTRIAN MALL IN PLACE OF A PORTION OF THE ALLEY LOCATED BETWEEN THE 400 BLOCK OF NORTH MAIN STREET AND THE 400 BLOCK OF JEFFERSON STREET Plan Commission meeting of July 7, 2009 GENERAL INFORMATION Applicant: City of Oshkosh Department of Community Development and Transportation Department Property Owner: City of Oshkosh Actions Requested: Designate a portion of public alley to pedestrian mall. Applicable Ordinance Provisions: WI State Stats. 66.0905 regulate the establishment of pedestrian malls. Property Location and Background Information: The area in this request involves approximately 7,100 square feet (16 x 430 feet) of the northernmost section of the public alley located between the 400 Block of North Main Street and the 400 Block of Jefferson Street, adjacent to and west of the public parking lot. The alley has functioned as a vehicular access way between Merritt Avenue and Washington Avenue as well as providing access to the rear of the businesses located on it. ect Site Public Right -of -Way /Alley I C -3DO Adjacent Land Use and Zoning <t" ��Z �� North r f '`�� 7 'F ""�E� tl� � F ^ y `r�� 4y � ' :'� 1Y �� " �?'^ .�� iti�(f $-1 2�' ✓A+ Mixed Use A FJ Y , " fi C -3DO South Retail, Service and Mixed Uses C -3DO East Public Parking Lot C -3DO West Retail, Service and Mixed Uses C -3DO Co rehen�rue��'�a "Land ,s ecoizmenr�'attidn°, a� � � ;:r � Viand Ise ` 10 Year Land Use Recommendation Mixed Downtown 20 Year Land Use Recommendation Mixed Downtown ANALYSIS In association with implementing the improvements in the 400 East Parking Lot Project (see attached plan), City Administration is requesting the previously described portion of the alley located between the 400 Block of North Main Street and the 400 Block of Jefferson Street as a pedestrian mall. The designation of the portion of the alley as a pedestrian mall is to facilitate safe convenient movement of pedestrians from the adjacent public parking facility to the rear entrances of the businesses located along the 400 Block of North Main Street and also to provide pedestrian access between said businesses. The proposed use as a pedestrian mall will not affect access to the west side of the Main Street businesses for deliveries. Access in this area for dumpsters will not be an issue as dumpsters will be relocated to dumpster enclosures in the parking lot as part of this project. The abutting property owners are aware of the proposed conversion to a pedestrian mall and have not expressed opposition. Many of the owners expressed concerns over pedestrian safety issues with the current use of the alley for vehicles. At present, pedestrians must share the alley with vehicles as there is no designated pedestrian walkway. Further, there are several structures with west walls which immediately abut the alley which creates a real danger for people exiting these buildings. Creation of the proposed pedestrian mall would address this pedestrian safety issue. A pedestrian mall is defined as any street, land or appurtenant fixture designed primarily for the movement, safety, convenience and enjoyment of pedestrians. In this case, the establishment of a pedestrian mall in this area enhances the movement, safety, convenience and enjoyment of pedestrians and benefits the city as a whole and the affected property owners. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the establishment of pedestrian mall as requested. The Plan Commission approved of the pedestrian mall establishment as requested. The following is the Plan Commission's discussion on this item. Mr. Nollenberger stated he is excited about the project. Is it consistent with the approved Downtown Action Plan? What type of landscaping will be used? Mr. Burich replied yes, the project is consistent with the Downtown Action Plan. Referring to a powerpoint slide, Mr. Burich noted landscaping will include ornamental trees and shrubs, and green areas, as well as decorative fencing and masonry. Mr. Bowen asked for clarification that any loss of parking spaces by property owners would only be those that currently have parking spaces? Mr. Burich replied yes. Mr. McHugh inquired what would be the net lost revenue on the parking lot for 15 years? Mr. Chris Strong, Transportation Director, replied that based on a study completed last fall, the parking lot is not at 100% utilization and even if it were, the Parking Utility could support this. Based on spaces being available in the lot, there would not be any lost revenue. Mr. McHugh stated it was his understanding there wasn't enough parking and that is why this project was being done for extra parking area. Item - Pedestrian Mall 7. Mr. Borsuk inquired how the 15 year term was arrived at? Mr. Strong replied that was what the property owners and city agreed upon. Spaces under the agreements will be assigned; spaces closer to the buildings will be for customers. Mr. Thorns inquired how deliveries would be made if the alley is no longer available for parking? Mr. Burich noted there is a drive aisle /lane behind the buildings that delivery trucks can park in. Mrs. Propp felt this is a good project and needed. She felt it is important that public funds be used to do the project and unify the area. This will be a shot in the arm economically for those businesses. Mr. Fojtik felt if the proposed improvements were similar to how the 400 block west was done, it will be a boost for the downtown. Mr. Borsuk stated the only problem he saw was with the 15 year term; he would rather see the easements be in perpetuity. Mr. Thorns agreed. This is a good public safety project and very important for the downtown. These businesses should not have to worry about parking for their tenants or customers. Atty. Lynn Lorenson, City of Oshkosh, stated the affected property owners felt 15 years was a reasonable time frame for free parking. Motion by Lowry to move approval of accepting necessary easements and changing the alley to a pedestrian mall as requested to implement the 400 block parking lot reconstruction project.. Seconded by Propp. Motion carried 8 -I (Nay: McHugh) Item - Pedestrian Mall -- --- - --- AW AVW& ----- ------ 1 I -e ry zor I t � I 14 j a 29 i I • .� tbAM 27 �• t 15 I I 16 I I • 1 j .. � j •• 17 I i 1 26 ,r 8 L 0 :�-J- I I , _ 1 a ..Amm 5 ' I � � ArmnmittNOUO, i m 4 MW I � !� COGx�C.�1ib,,. °111mfI{L6 I I "t°Anue. I j N�im.A,r - - -- I SEE — I I NNY r 19 20 I j• I 20 I � • I i f � . 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BOX 14 SURFOF VNECONNE, Wl. 54986 CITY OF OSHKOSH ffi BOUNDARY SURVEY PLANNING DEPARTMENT EASEMENTS FOR I- 582 -0133 3 AND REAR LAND DESIGN AVEMENTS 3-4 w � z x NISNOOSIM 'HSONHSO s 3 a� nE w � z x NISNOOSIM 'HSONHSO 3 a� nE 133UIS NItlW HIWN - NOOl9 006 fig $ 5 a m (101 °JNI?IZIF/d 1SN3) HSONHSO d0 JLLIO s" v o c o CV Nbldlfl0l\I1311S 3gs$g7� g ga � eg � c:wc; k - Lu i w � z x NISNOOSIM 'HSONHSO 133UIS NItlW HIWN - NOOl9 006 5 a m (101 °JNI?IZIF/d 1SN3) HSONHSO d0 JLLIO s" v o c o CV Nbldlfl0l\I1311S 9 !� �a I I t iq 1 4 PEDESTRIAN MALL EXHIBIT Part of an alley approximately 16 feet in. width running between Washington Avenue and Merritt Avenue located in Block 40 of H.W. Leach's map of the Fourth Ward of Oshkosh and being part of the Southeast 1/4 of the Northwest 1/4 of Section 24, Town 18 North - Range 16 East, Fourth Ward, City of Oshkosh, Winnebago County, Wisconsin, being more particularly described as follows: That part of said alley running along the east side of Lots 14, 29, 28, 27, 15, 16, 17, 26, 8, 18, 5, 4, 3, and part of Lot 2 of said I Block 40 being bounded on the south by the easterly extension of the south line of the north 20 feet of the south 62 feet of Lot .2 of I , said - Block -40 (said south line being the south boundary of the property now known as 420 North Main Street and parcel number 0400820000), and bounded on the north by the south right -of -way of Merritt Avenue. I zl Dimensions are based on record information and are not representative of a field survey. I CJ 1IR i i I ( i \ I \ I �J I I L----- - - - - -� Merritt Avenue er 40Z g5 1 Washington Avenue L — I - --- I I i I 0 v '7 I I I r --------- - - - - - -� I 14 480 N. Mfafn St. 1.01 j 13 0409400 Drawn: CDH �OZ 29 PEDESTRIAN MALL EXHIBIT 2a 456 N. Main St. 1.01 Lol 113 A. 0 Mitt ve 0401070 2 Date: 6/12/2009 Vol 0400930000 452 N. Main St. 15 1035 Kepler Drive Green Bay, wl 54311 095000 `01 PROJECT 6�0986� 2 N 448 N. Main St. .( 16 v ol 9 040096000 1. Q2DO.com :apyrighl ®2009, 9 y. sis 11 L— 2 0 N. Main St. Vol ` oZ 0409.0000 2 0 Jefferson 51 . L ot 040092000 438 N. Main St. 0400900000 voi e 4 04 36 09800At L0118 434 N. Main St. 1-" 0400880000 LOS 5 430 N. Main St. 4 0 Jeffu on St. 04087000 1.0� 0400890000 428 N. Main St. 0400860000 VON 426 N. Main St. �- 04085000 424 N. Main St. 040084000 - - - -- _ 422 N. Main St - .` 12 - 040083000 ------- ---- -- LO 420 N. Main St. - - "------ - - - - -- 0 4_0_82_000 V 418 N. Main St _ rte 04_0_810000 _ - - - - -- ` l 2 416 N. Main St 0408000 - - - - - -- i N. M om 408 N. Main St. 040100000 �0'( 16 washingtoa Ave. 040103000 23 --- -- '0 7- LOS 404 N. Main St. 0407900 1.011 40Z g5 1 Washington Avenue L — I - --- I I i I 0 v '7 I I I r --------- - - - - - -� I t I 400 BLOCK JEFFERSON STREET LEGEND Drawn: CDH AECOM PEDESTRIAN MALL EXHIBIT Date: 6/12/2009 Scale: 1" = 100' 1035 Kepler Drive Green Bay, wl 54311 CITY OF OSHKOSH PROJECT 6�0986� 2 N 920.468.1974 www WINNEBAGO COUNTY, WISCONSIN Q2DO.com :apyrighl ®2009, 9 y. sis R pµ� N UMB NUMBER 1 OF 5. i SUBJECT SITE 120.0' 0 1 4 v DISCLAIMER This map Is neither a legally recorded map nor a survey and It is not Intended to be used as one. This drawing is a compilation of records, data and Information located in various city, county and state offices and other sources affecting the area shown and it Is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff ■ 19.0' I I t I I I I N I I I PEDESTRIAN MALL DESIGNATION 400 EAST PARKING LOT Scale: 1 " = 100' 106 a, * c 4u; ra 120.0' 0 e, ; N QYHK( ON THE WATER City of Oshkosh Department of Community Development 07/01/09 DISCLAIMER PEDESTRIAN MALL This map is neither a legally recorded map nor a survey and it is not intended to be used as one This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference Purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff DESIGNATION 400 EAST PARKING LOT Scale: 1 tr = 1000' N OfHKOAH ON THE WATER City of Oshkosh Department of Community Development 07/01/09 A gD . �. �x 4 r' A . r�F � Ry �� ry� DISCLAIMER This map Is neither a legally recorded map nor a survey and It Is not Intended to be used as one. This drawing Is a compilation of records, data and information located In various city, county and state offices and other sources affecting the area shown and it la to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff PEDESTRIAN MALL DESIGNATION 400 EAST PARKING LOT Scale: 1" = 100' SUBJECT SITE 0 N 0 HK - ON THE WATEA City of Oshkosh Department of Community Development 07/01/09 8