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Home My WebLink About07. 14-420 SEPTEMBER 23, 2014 14-420 RESOLUTION (CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE ACCEPTING EASEMENTS FOR CONSTRUCTION OF A BUS SHELTER; 1900 JACKSON STREET INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to accept two easements at 1900 Jackson Street from Fair Acres Station, LLC for construction and maintenance of a bus shelter, per the attached, and to execute any and all documents necessary for purposes of same. 0 1HK 1H oN n�e wnhn TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich � Director of Planning Services DATE: September 18, 2014 RE: Approve Accepting Easements for Construction of a Bus Shelter; 1900 Jackson Street (Plan Commission Recommends Approval) BACKGROUND The subject property is located at the northeast corner of Jackson Street and W. Murdock Avenue and contains Pick `n Save grocery store and Fair Acres Shopping Center. The site is bounded by a mix of commercial uses along the Jackson Street and Murdock Avenue corridors. The City of Oshkosh Transportation Department is requesting acceptance of finro easements at this location to allow placement of a bus shelter adjacent to the Jackson Street right-of-way. ANALYSIS The easement requests would allow replacement of a bus shelter formerly located in the interior of the Fair Acres property in front of the Pick n' Save establishment. There has been concern from the public regarding the loss of the shelter which initiated the City's contact with the property owners to determine if an alternative site could be used for a new shelter. The property owner has agreed to allow placement of a new shelter along Jackson Street north of the shopping center's middle entrance where bus stops will not interfere with ingress/egress to and from the site. The proposed shelter easement will be 16 feet wide by six feet deep with a second five-foot wide maintenance access easement surrounding it. The City is working with the property owner to have appropriate easement documents signed and recorded at the Winnebago County Register of Deeds. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its September 16, 2014 meeting. Approved, �,.�,��i��i� City Manager ITEM: ACCEPT EASEMENTS FOR PLACEMENT AND ASSOCIATED MAINTENANCE AREA FOR A BUS SHELTER PROPOSED TO BE CONSTRUCTED AT 1900 JACKSON STREET Plan Commission meeting of September 16, 2014 GENERAL INFORMATION Petitioner: City of Oshkosh Transportation Department Owner: Fair Acres Station, LLC. Actions Requested: The City of Oshkosh Transportation Department is requesting acceptance of two easements at the Pick `n Save/Fair Acres property located at 1900 Jackson Street. The first easement being requested is to allow placement of a bus shelter adjacent to the Jackson Street right-of-way. The second easement request is to provide five feet of access surrounding the proposed shelter for maintenance purposes. Analysis: The subject property is located at the northeast corner of Jackson Street and W. Murdock Avenue and contains Pick `n Save grocery store and Fair Acres Shopping Center. The site is bound by a mix of commercial uses along the Jackson Street and Murdock Avenue corridors. The easement requests would allow replacement of a bus shelter formerly located in the interior of the Fair Acres property in front of the Pick n' Save liquor store entrance. There has been concern from the public in regard to the loss of the shelter which prompted the City to contact the owners of the property to determine if an alternative site could be used for a new shelter. Fair Acres Station LLC has agreed to allow placement of a new shelter along Jackson Street, approximately 64 feet north of the shopping center's middle entrance. The proposed area is located far enough from the middle entrance where bus stops will not interfere with ingress/egress to and from the site. The proposed easement for the shelter will be 16 feet wide by six feet deep with a second five- foot wide maintenance access easement buffering the shelter. The City is warking with the property owner to have appropriate easement documentation signed and recorded at the Winnebago County Register of Deeds. RECOMMENDATIONS/CONDITIONS Staff recommends approval of the acceptance of the proposed bus shelter easements as requested. ( The Plan Commission approved of the acceptance of the easements as requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area and displayed where the location was of the previous bus shelter at this site which has since been removed. He explained that the property owner has agreed to place the proposed new bus shelter on Jackson Street and reviewed the site plan for the requested easements. As with the previous request, City staff will be working with the property owner to draft the appropriate documents to be signed and recorded at the Winnebago County Register of Deeds. Mr. Borsuk questioned what the car count was at the intersection of Jackson Street and Murdock Avenue. Jim Collins, Director of Transportation, replied that he did not have that information with him. Mr. Borsuk then inquired as to where the bus currently stops at this location. Mr. Collins responded that the area of the proposed bus shelter is where the bus currently stops. Mr. Borsuk stated that he was interested in determining the measurement from where the bus riders get on and off the bus in comparison to the location of the driveway for the business. Mr. Bowen arrived at 4:10 pm. Mr. Thoms questioned if there was public sidewalk in this location. Mr. Collins responded affirmatively. Mr. Thoms then questioned if there would be adequate room to accommodate bike parking in this same location as he felt the easement should be large enough to accommodate both the bus shelter and a bike rack. Mr. Collins responded that it would be up to the owner of Pick `N Save to allow a bike rack to be placed at this location. At this time they have agreed to an easement for the bus shelter and for a maintenance area around the proposed shelter. He further stated that normally the City does not need to obtain an easement from the property owner for a bus shelter as they are usually placed on the terrace however in this case, there is no terrace at this location therefore it is proposed to be located on the property owner's land which requires their permission to do so. Mr. Vajgrt asked to clarify that there is a bus stop cunently at this location. Mr. Collins confirmed this. Mr. Gray inquired why this request requires two easements. 02 Mr. Collins responded that one easement was for the bus shelter itself and the second easement was to allow access to the shelter for maintenance purposes. Mr. Gray then inquired if there were funds in the Capital Improvements Program, (CIP), to cover the costs of building the bus shelter at this location. Mr. Collins responded that the funds for this shelter were not part of the CIP but would come from the Transportation Department's 2014 budget. Mr. Gray also questioned why easement requests were brought before the Plan Commission for review. Mr. Burich responded that it was a statutory requirement. Ms. Lohry commented that the discussions regarding this proposed facility is due to the fact that the property owner does not want the bus shelter in their parking lot however she felt that this location was not where people would like to see it as they can no longer wait inside the building until the bus arrives. She felt that placing it on Jackson Street which is heavily traveled and not near the entrance to the store was not ideal. Mr. Collins stated that this has been collaboration between the City, the owners of Pick `N Save and Fair Acres and the management group and the consensus was that it was the safest and most convenient plan to service this location. He further stated that it is not safe to get the bus into the parking lot and this proposal was the best solution for the neighborhood and also the best alternative for both riders of the transit system and bus drivers. This shelter would offer an elevated platform for riders with mobility devices and all parties agree that this is the best alternative available. Mr. Nau stated that he referenced the traffic counts that were questioned previously and 18,600 vehicles per day access this area. Mr. Borsuk commented that he did not have a clear understanding of why the bus shelter was removed from the Fair Acres property as to if it was a scheduling or operation issue. Mr. Collins responded that it was changed for a number of reasons. For one, a new bus route system was implemented and there was inadequate room to maneuver in the parking lot which made it no longer feasible to enter the parking lot to the bus shelter. He further explained how the residential development on Main Street changed the bus route and that safety issues were the main concern with having the shelter located in the parking lot. Mr. Borsuk commented that this was the busiest intersection in the city and he felt that buses will be stopping too close to the driveway entrance on a very busy street which did not appear to be safe. 3 Mr. Collins stated that he has witnessed the function with both the property owners and group managers who felt it was effective and that the bus stop has been located there without any accidents for some time now. Ms. Lohry commented that she would not support this request although she felt that it was necessary to have a bus shelter at this location however it should be the property owner's responsibility to provide a better location for the shelter for its patrons. She felt it was up to the property owners to see that their patrons have safe access to their site which should not be located on Jackson Street. Mr. Thoms questioned if there had been any accidents recorded while the bus shelter was still located in the parking lot. Mr. Collins replied that there were not any accidents however there were a few incidents with wheelchairs being tipped over and that the pedestrian and vehicular traffic was too heavy to locate the bus shelter in front of the store. Mr. Thoms questioned if it would be possible to move the bus shelter further to the south. Mr. Collins indicated that they have spent 1%z years of planning with guidance from the Transit Advisory Board on this matter and this location was detertnined to be the best alternative. Mr. Thoms inquired if the public was included when it came to input on this location. Mr. Collins responded that the Transit Advisory Board meetings are open to the public and he felt that the majority of the public are in agreement with this proposed location. He added that there are a few people who would like to see it back in the parking lot. Motion by Vajgrt to approve the acceptance of easements for placement and associated maintenance area for a bus shelter proposed to be constructed at 1900 Jackson Street. Seconded by Cummings. Mr. Borsuk stated that he would not support this request as he did not feel it was in a safe location. He felt that the planning process in this case was disappointing and if there were issues with the development to the east,traffic concerns should have been addressed regarding this at that time. He further stated that the bus stop was too close to the driveway entrance. Mr. Thoms questioned if there were any other bus stops on Jackson Street further north of this location. Mr. Burich replied affirmatively. Mr. Thoms stated that he felt it was disconcerting that bicycle and pedestrian plan issues were not being taken into account as this was an adopted plan of the City and amenities to accommodate items such as bike racks should be taken into consideration. y Mr. Gray commented that it would be nice to have the bus shelter located in front of the store but it was an unrealistic objective as the City does not have any leverage to require the property owner to grant the easement at this location. Mr. Collins stated that the Fair Acres complex is looking into installing a walking path to the bus shelter and he would discuss the placement of potential bike racks with them at that point. In regard to the location of bus stops, this aspect is under the prevue of the Transit Advisory Board. Ms. Lohry commented that when we are dealing with bus stops, the American's with Disabilities Act behooves property owners to make accessibility for people to obtain safe access to necessities such as grocery stores. Ms. Propp stated that she agrees with Mr.Thoms on the bike rack issue however she would rather have the bus shelter at this location than no shelter at all and she would support this request. Motion carried 7-2. (Ayes-Bowen/Thoms/Fojtik/Cummings/Propp/Gray/Vajgrt. Nays- Borsuk/ Lohry.) 5 � �1 ��1�SIT � �i'!'i�i�l�VicHi.Ef��}�a•:i�?� - MEMORANDUM T�: Planning Commission FROM: Jim Collins, TRANSPORTATION DIRECTOR DATE: September 4, 2014 , SUBJECT: Accept Easement This item is to accept an easement from Phillips Edison Co. (owners of the Fair Acres shopping center). The easement is for a bus shelter and the maintenance of said shelter. The easement is at 1900 Jackson Street adjacent to Pick N Save. The,shelter is addressing the popular concern that there is shelter available at this popular stop for those waiting for the city bus. . � � . 425 Dempsey Trail } OshkosLi,`J�tisconsin 54��2 j t 92�.232.53?0 r 92�.232.5343 � SW 9/4 OF SW 1/4 SEC. 12, T18N R16E � � � I � N89'36 3B"''W�'7 y ��.\'� � S00'23'22"W N89'36'38"W „ 5.00' � Proposed Bus Shelier 6.00' � Easement =`''� !'' PicSc N Save r � /NTo �N�0 1900 Jackson Street " N b r�`o�t�. O � ;,, o N � N�� Parcel 15-1497-0200 � o � Oo �p N ,� East Right-of-Way Line of ° z� \z � Jackson Street(St. Rd.76) / � i s 6,�� o . P.0.8.#1 S89'36'38"E Proposed Bus Shelter ° �� Maintenance Easements ° � N00'23'22��E S89'36'38"E 5.00' 11.00' W P.O.B,#2 � � C.S.M. #6566 `L (Q LOT i � (f� Q w Z � " '� N d., O�/� • M � N Vl � � � , ` Z U � - — N89_36'S9"W � 260.18' ��_ � `� � W� o - ca � C.S,M. #2090 NI o LOT 1 o c� z SW 4 Comer Section '12 T18N R'f 6E _ r _ _ _ �S89'59'04"E_ _ 300.21� �South Line SW 1/4 Corner Section 12,T18N R16E CITY OF OSHKOSH ENGINEERING DMSION B U S S H E LT E R A N D FILE NAME: D�,wN: SHELTER MAINTENANCE EASEMENTS l900 jackson st-bua �_S.y014 `�`"�"�`�`°'�d'� 1900 Jackson Street j GRAPHIC o s io I Rf'.AT.F,• �N FF.RTI � � � ` . __.� � ( 1 Kr O S 6�--: � � � � �I ` � o .� _ �� . a � N I y, , O ,.i`�"��_ � 1 �� _ x�� :o �� .�::..�'':. ��,,.,,.. I �_?ri T�°, j�.;� 112 � ' 4 io�-�u , .� � 0 ,z,n-rr � _ � �ii ww vy'y.��. :�.�� : �� ` �,, �ti€; � � n m,��, . � ��i � -- 2 § �� -�-. � �`"�- � r:=,;,..�,��s'�„�'-��`�ss.k� R AM � '� `�3'�Y�-� -GRIJENWA�L-0�4 � q ��--�� °�- �� x � �a'.e4 `�' M��H fi .. 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Pfl�tln Date:919I2014 OlHKO.IH These map(s)ldatasets are provided for information purposes only and may not be suffident or g appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" witliout or,n,ewnTm warcantles of any kind and the City of Oshkosh assumes no liability for use or misuse. 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' f ` �„��' r �-� � - . �. x ,»." i t.; � s a-�6.".�ai`�'!MM Ak;s's.�i►61f',/�+"n,�",�i�.z.: .�� _ �! _ j4 •. � �'. -z.�• x �.�.t�, s: �.,. ,J J J J �rl C1�1 1:J J�\1 :J.1 � 1 in=0.02 mi � 1in= 125ft � The City of Oshkash creates and maintains GIS maps and data for its own use. They may show the approximate relative iocation of property, boundaries and other feature from a variety of sources. Printing Date:9/9!2014 O.lHK01H These map(s)/datasets are provided for information purposes oniy and may not be sufficient or appropriate for legal, engineenng, or surveying purposes. They are providetl "AS-IS" WithOUt oNrriEwnrEa warranfies of any kind and the City of Oshkosh assumes no liability for use or misuse. Prepared by: City of Oshkosh;WI J:\GISIPIanninglPian Commission Site Plan h1ap TemplatelPlan Commission Site Plan Map Template.mxd L'ser:dehn�=��