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Home My WebLink About10-102APRIL 13, 2010 10 -102 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENTS WITH REDEVELOPMENT AUTHORITY AND O'BRIAN'S TAVERN; APPROVE TEMPORARY ACCESS TO MAIN STREET BUSINESSES FROM JEFFERSON STREET LOTS TO 686 NORTH MAIN STREET IN CONJUNCTION WITH MAIN STREET RECONSTRUCTION PROJECT INITIATED BY: CITY ADMINISTRATION REDEVELOPMENT AUTHORITY ACTION: Approved WHEREAS, the City of Oshkosh desires to utilize two vacant lots in the 600 Block of Jefferson Street, owned by the Redevelopment Authority, as a temporary parking lot to provide public parking and access to Main Street business for property owners and the public affected by the Main Street reconstruction project; and WHEREAS, the City anticipates entering into an easement /agreement with the owner of O'Brian's Tavern at 686 North Main Street to provide access from the Jefferson Street properties to O'Brian's parking lot for parking purposes. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby approves entering into an agreement with the Redevelopment Authority for the City's use of the vacant lots at 679 and 683 Jefferson Street as a temporary parking lot as well as the proposed access through the Jefferson Street lots to the property at 686 North Main Street, during the Main Street reconstruction project. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into appropriate agreements with the Redevelopment Authority and O'Brian's Tavern for purposes of same and said officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreements OYRK H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich 0f? Director of Planning Services DATE: April 8, 2010 RE: Approve Agreements with Redevelopment Authority and O'Brian's Tavern; Approve Temporary Access to Main Street Businesses from Jefferson Street Lots to 686 North Main Street in Conjunction with the Main Street Reconstruction Project (Plan Commission Recommends Approval) BACKGROUND The subject properties are located on the east side of the 600 block of North Main Street/west side of 600 block of Jefferson Street, approximately 125 feet south of East Irving Avenue. The Main Street property is improved with an approximate 60 -stall parking lot as accessory to O'Brian's Tavern and the properties on Jefferson are vacant but had previously contained residential homes. City Administration, on behalf of the N. Main Street property owners, is requesting acceptance of cross - access and parking easements located on the existing parking lot of O'Brian's Tavern at 686 North Main Street and for the future temporary parking lot to be constructed at 679 -683 Jefferson Street. ANALYSIS On March 16, 2010, a Conditional Use Permit (CUP) and Development Plan Review (PD) received the Plan Commission's recommendation for approval to construct and operate a temporary gravel parking area at 679 -683 Jefferson Street to help alleviate parking concerns associated with the North Main Street reconstruction project. The owner of O'Brian's Tavern understands the need not only for temporary access to his parking lot but for the other businesses located on the east side of the 600 block of North Main Street and has agreed to provide temporary access and parking easements with the RDA for the access to and use of O'Brian's parking lot and the temporary parking lot by general public this summer and fall. The RDA has approved the use of the lots and authority to enter a lease with the city. This lease, the CUP/PD and easements, if approved, will initiate the drafting of the appropriate easements documents which will be recorded at the Winnebago County Register of Deeds. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its April 6, 2010 meeting. Approved, '4 City Manager ITEM: ACCEPT ACCESS/PARKING EASEMENT FOR PROPERTY LOCATED AT 686 NORTH MAIN STREET AND 679 -683 JEFFERSON STREET Plan Commission meeting of April 6, 2010 GENERAL INFORMATION Petitioner: City of Oshkosh Owner: City of Oshkosh Redevelopment Authority (RDA) and Lewtag Realty, LLC Action Requested: The City, on behalf of area land and business owners, is requesting acceptance of cross - access and parking easements located on the existing parking lot of O'Brian's Tavern at 686 North Main Street and for the future temporary parking lot to be constructed at 679 -683 Jefferson Street. Applicable Ordinance Provisions: N/A Property Location and Type /Analysis: The subject properties are located on the east side of the 600 block of North Main Street /west side of 600 block of Jefferson Street, approximately 125 feet south of East Irving Avenue. The Main Street property is improved with an approximately 60 -stall parking lot as accessory to O'Brian's Tavern and the properties on Jefferson are vacant but had previously contained residential homes. On March 16, 2010, a Conditional Use Permit (CUP) and Development Plan Review (PD) received the Plan Commission's recommendation for approval to construct and operate a temporary gravel parking area at 679 -683 Jefferson Street to help alleviate parking concerns associated with the North Main Street reconstruction project. The owner of O'Brian's Tavern understands the need not only for temporary access to his parking lot but for the other businesses located on the east side of the 600 block of North Main Street and has agreed to provide temporary access and parking easements with the RDA for the access to and use of O'Brian's parking lot and the temporary parking lot by general public this summer and fall. The Redevelopment Authority has approved the use of the lots and authority to enter a lease with the city at their March 30, 2010 meeting. This lease, the CUP /PD and easements will be brought forward to the Common Council at their April 13, 2010 meeting for final action. If approved, the Attorney's Office, Transportation Department and the Department of Public Works will work with the property owners to have appropriate easement documents drafted, signed and recorded at the Winnebago County Register of Deeds. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the acceptance of access and parking easements as requested. Access /Parking Easement- Main/Jefferson St The Plan Commission approved of the easements as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area as well as the conditional use permit recently approved by the Plan Commission for a temporary parking lot on Jefferson Street. He explained that this request was to allow temporary access to and the use of O'Brian's parking lot and the temporary parking lot by the general public this summer and fall. Mr. McHugh questioned if the RDA owns the parking lot, why was this request necessary. Mr. Buck responded that the RDA owns the lots where the temporary parking lot is to be constructed however O'Brian's Tavern owns the parking lot adjacent to this lot which is allowing access to their lot for the public's use. Mr. McHugh then questioned if O'Brian's Tavern would be reimbursed for the easement. Mr. Buck responded that they would not be reimbursed for the access easement. Mr. Thorns inquired if this would change the conditions for the conditional use permit approved at the last Plan Commission meeting. Mr. Buck replied that it would not. It would allow for the appropriate easement documents to be drafted, signed and recorded at the Winnebago County Register of Deeds. Mr. Borsuk requested to separate the consent agenda items for separate vote. Motion by Monte to approve the access /parking easement for property located at 686 North Main Street and 679 -683 Jefferson Street as requested. Seconded by Propp. Motion carried 9 -0. 2. Q� Q� Q� a d T °m nWa =` m =c1 vi O w g N °�w 8 - 0 ` " � o W - .F+ �E��Cmwc� O V 11J $g °zo.�Owdy Y Q w�. vo�i�d`odo. L t4 m�acdo�L°�. 0 O L ° m L(7 g d d a o_VO w Z (n N LL W C E C z d W O o U !Q ce ,� ��w W>.c �U U Z o U a O cs w° C = w v W ° w W r WW9wwdn o V w Z w W � R c9 W e i Y I I I � I _._.N/_ u3V11�1G_RVE------------------ + - - - - .E.1SVING AVE---------------- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - = • i 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 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 ACCEPT EASEMENT 686 N MAIN ST & 679 -683 JEFFERSON ST Scale: 1" = 60' N OIHKOlH ON THE WATER City of Oshkosh Department of Community Development 03/29/10 & ON SO ga um 7 am cui r;� . -.,.: - mil 11011"ir, .n m o on E RR ,:. IR •lk ,. O f r I I L I� � •r � .... � �tl Ap 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 g rid state offices and other sources affecting 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. ACCEPT EASEMENT 686 N MAIN ST & 679 -683 JEFFERSON ST Scale: 1" = 60' r", � N O.IHK 1H ON THE WATER City of Oshkosh Department of Community Development 03/29/10 Create by - dff