HomeMy WebLinkAbout30. 14-402
AUGUST 26, 2014 14-402 ORDINANCE
FIRST READING
(CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: AMEND SECTION 25-53(A)(2) TO INCLUDE AN EXCEPTION FOR
CONSTRUCTION OF A PUBLIC SIDEWALK ON THE WASHINGTON
MONUMENT PROPERTY THAT IS NOT WITHIN THE RIGHT-OF-
WAY OF MENOMINEE DRIVE
INITIATED BY: COMMUNITY DEVELOPMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH TO ALLOW CONSTRUCTION
OF A PUBLIC SIDEWALK OUTSIDE THE RIGHT-OF-WAY ON MENOMINEE DRIVE ON
PROPERTY KNOWN AS THE WASHINGTON MONUMENT
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 25-53(A)(2)(j) is hereby created to read as follows to
allow an exception for construction of a public sidewalk on property known as the
Washington Monument property that is outside the right-of-way of Menominee Drive:
(j) Washington Monument Property on Menominee Drive: The sidewalk shall enter the
property at the southern most point at the intersection of Menominee Drive and
Hazel Street, extend northerly up to the Monument area, and continue in a
north/northeast direction, exiting the property at the northern most point of the
property at the intersection of Menominee Drive and East New York Avenue.
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 #14-XXX AMEND SECTION 25-53(A)(2) TO ADD SUBSECTION (j)
WHICH CREATES AN EXCEPTION TO THE REQUIRED SIDEWALK LOCATION FOR
CONSTRUCTION OF A PUBLIC SIDEWALK ON THE WASHINGTON MONUMENT
PROPERTY THAT IS NOT WITHIN THE RIGHT-OF-WAY OF MENOMINEE DRIVE on
August 26, 2014. The full text of the Ordinance may be obtained at the Office of the City
Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone:
(920) 236-5011.
AUGUST 26, 2014 14 -402 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN_)
PURPOSE: AMEND SECTION 25- 53(A)(2) TO INCLUDE AN EXCEPTION FOR
CONSTRUCTION OF A PUBLIC SIDEWALK ON THE WASHINGTON
MONUMENT PROPERTY THAT IS NOT WITHIN THE RIGHT -OF-
WAY OF MENOMINEE DRIVE
INITIATED BY: COMMUNITY DEVELOPMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH TO ALLOW CONSTRUCTION
OF A PUBLIC SIDEWALK OUTSIDE THE RIGHT -OF -WAY ON MENOMINEE DRIVE ON
PROPERTY KNOWN AS THE WASHINGTON MONUMENT
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 25- 53(A)(2)0) is hereby created to read as follows to allow
an exception for construction of a public sidewalk on property known as the Washington
Monument property that is outside the right -of -way of Menominee Drive:
(j} Washington Monument Property on Menominee Drive: The sidewalk shall enter the
property at the southern most point at the intersection of Menominee Drive and
Hazel Street, extend northerly up to the Monument area, and continue in a
north /northeast direction, exiting the property at the northern most point of the
property at the intersection of Menominee Drive and East New York Avenue.
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 #14 -XXX AMEND SECTION 25- 53(A)(2) TO ADD SUBSECTION 0)
WHICH CREATES AN EXCEPTION TO THE REQUIRED SIDEWALK LOCATION FOR
CONSTRUCTION OF A PUBLIC SIDEWALK ON THE WASHINGTON MONUMENT
PROPERTY THAT IS NOT WITHIN THE RIGHT -OF -WAY OF MENOMINEE DRIVE on
August 26, 2014. The full text of the Ordinance may be obtained at the Office of the City
Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi. us. Clerk's phone:
(920) 236 -5011.
OYHKOf H
ON TIE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich, Planning Director
DATE: August 21, 2014
RE: Amend Section 25 -53 ((A)2) for an Exception to Construct a New Sidewalk on
the Washington Monument Property
BACKGROUND
The subject site is located on a triangular tract of land between Menominee Drive, East New
York Avenue and Hazel Street. The site is part of Menominee Park and holds a monument of
George Washington, which was given to the city by Colonel John Hicks in 1911. last year,
members of the Millers Bay Neighborhood Association Beautification Committee approached
the Parks Department to discuss improvements to revive and beautify the site. Once site
concepts were finalized, the Common Council approved $40,000 from the 2013 Great
Neighborhoods Capital Improvement Program to implement the concept plan.
ANALYSIS
The Parks Department contracted with Rettler Corporation, a design firm out of Stevens
Point, Wisconsin, to produce a concept plan for the site. The final design calls for a curved
path extending from the existing public sidewalk up to the monument and newly proposed
landscaping (see attached plan). Area residents were satisfied with the design and attended
the Parks Advisory Board meeting on August 12, 2014 to offer their support for the project.
Recently, there have been questions raised regarding the condition of the existing sidewalk
that runs parallel to Menominee Drive and whether that sidewalk needed to be maintained
given the installation of the proposed new sidewalk. Staff discussed the option of replacing
the existing sidewalk but felt that cost was too significant and unnecessary due to the
installation of the new "curved" sidewalk so it was decided to eliminate that sidewalk
segment. However, because the City's Municipal Code requires that all sidewalks in the City
shall be constructed so that the inside sidewalk line abuts the outer edge of the right -of -way
(Section 25- 53(1)), a variance is required to be granted by the Common Council to allow the
new sidewalk not at the back of the right -of -way. By removing the existing sidewalk and
utilizing the curved sidewalk staff is requesting an exception to this code section.
Staff has reviewed the need for two pedestrian sidewalks running parallel to one another and
has determined that the existing sidewalk can be removed without hindering pedestrian
circulation.
FISCAL IMPACT
Funds to complete the sidewalk installation and monument restoration were approved as part
of the 2013 Capital Improvement Program funding for great neighborhoods projects.
RECOMMENDATION
Staff' recommends approval of the variance to the sidewalk code for the Washington
Monument property.
Approved,
City Manager
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