HomeMy WebLinkAbout09-280JULY 14, 2009 J U LY 28, 2009 09 -274 09 -280 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )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 -280 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:
OYHKOf H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinn y
Director of Co pity 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.
ANALYSIS
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.
Subiect Site
Existin Landd`` Use
Zonin
Public Right-of-Way/Alley
C -3DO
Adiacent Land Use and Zoniniz
Exrstin `
Uses
10 Year Land Use Recommendation
Zonin
North
Mixed Use
C -3130
South
Retail, Service and Mixed Uses
C -3DO
East
Public Parkin Lot
C -3DO
West
Retail, Service and Mixed Uses
C -3130
Cohi rehensive Plan Land Use Recommendation
Land Use
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
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 -1 (May: McHugh)
Item - Pedestrian Mall
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PEDESTRIAN
MALL EXHIBIT
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-----
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L - --
- - - -
Merritt Avenue
F
Part of an alley approximately 16 feet in I
480 N. Main S,.
1 ° 54
{ ,3
width running between Washington Avenue
040094°°°°
and Merritt Avenue located in Block 40 of I
`0129
H.W. Leach's map of the Fourth Ward of I
% - °S Za
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Oshkosh and being part of the Southeast I
456 N. Main St.
N 0107
L °S
°0400930000
1/4 of the Northwest 1/4 of Section 24, Town
452 N. Main St.
,os2
I
18 North - Range 16 East, Fourth Ward, City
0 °11 ,5
4M95om
`
of Oshkosh, Winnebago County, Wisconsin, I
4
`01 ,6
being more particularly described as follows:
That part of said alley running along the I
°,�
` °j
east side of Lots 14, 29, 28, 27, 15, 16, 17, I
° nSt.
26, 8, 18, 5, 4, 3, and part of Lot 2 of said I
_
Block 40 being bounded on the south by the
43 0;9 000'
g ot
easterly extension of the south line of the I
I
north 20 feet of the south 62 feet of Lot 2 of I
4 0480000
V0
ocKQ
-- - --
- -said Block -40 (said south line being the �,
I
south boundary of the now known �'
434 N. Main St.
0400880=
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property
as 420 North Main Street and parcel number I a
43� Wit.
4
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0400820000), and bounded on the north by (
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the south right -of -way of Merritt Avenue. z
428 N. Main St.
°<�860 _
,__
�04ON90000
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426 . Main 5t.
1 -
0400850000
Dimensions are based on record information
424 N. Main St.
040084(X)00______
I
and are not representative of a field survey. I
4 04 . o. S _
'2
- -- -
420 Main St.
- - - - --
2
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0400820°00
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418 N. Main St.
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416 N. Main St.
0403800°00
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241449470_____
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408 N. S,.
V 49
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00 Main
04010000
16 Wafiin
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404 N. Navin St.
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Washington Avenue
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400 BLOCK JEFFERSON STREET
LEGEND
Drawn: CDH
00
AECC�M
PEDESTRIAN MALL EXHIBIT
Date: 8/12/2009
0
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Scale: 1' - 100'
1 o
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1035 Kepler Drive
N w M E 60098612
3
Green Bay. WI 54311
CITY OF OSHKOSH
BE
WINNEBAGO COUNTY, WISCONSIN
SHEET
X copyright
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WW.aOm.COm
0 20M By. 579
REVISIONS
NUMBER � OF 1
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DISCLAIMER PEDESTRIAN MALL O
This map Is neither a legally recorded map nor DESIGNATION
■ survey and It Is not Intended to be used as one.
This drawing Is • c records, data 400 EAST PARKING LOT N
and infortnstlon loc ated atsd In in va vario ���
us city, county ON THE w.mr
and state offices and other sources affecting
the area shown and it Is to be used for reference City of Oshkosh
purposes only. %e City of Oshkosh is not re D of
sponsible for any Inaccuracies herein contained. p
If discrepancies are found, please contact the Community Development
City of Oshkosh. Scale. 1 rt 100'
Created by - dff 07/01/09
6
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.
Cr e a ted by - dff
PEDESTRIAN MALL
DESIGNATION
400 EAST PARKING LOT
Scale: 1" = 1000'
0
N QYH K lH
- THE wAM
City of Oshkosh
Department of
Community Development
07/01/09
A
SUBJECT
SITE
rr I
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 h 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
s
PEDESTRIAN MALL
DESIGNATION
400 EAST PARKING LOT
Scale: 1" = 100'
N OfHK .IH
A ON THE WATER
City of Oshkosh
Department of
Community Development
07/01109