HomeMy WebLinkAbout15. 20-313 JULY 14, 2020 20-313 ORDINANCE
FIRST READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM THE
TOWN OF ALGOMA / UNITED COOPERATIVE VOLUNTARY
ATTACHMENT FOR A PORTION OF PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF CLAIRVILLE ROAD, NORTH
OF STATE ROAD 91 AND SOUTH OF TRANSIT DRIVE
INITIATED BY: COMMUNITY DEVELOPMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 13TH WARD
OF SAID CITY.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative
Plan as set forth in s. 66.0307, Wis. Stats., approved by the Wisconsin Department of
Administration, that identifies areas within the Town of Algoma as expansion areas for the
City of Oshkosh;
WHEREAS, the undersigned represent all of the owners of the territory to be
attached to the City of Oshkosh from the Town of Algoma;
WHEREAS, the proposed territory to be attached is located within the designated
City Expansion Area of the Town of Algoma to the City of Oshkosh;
WHEREAS, the current population of the territory to be attached as defined by Sec.
66.0201(2)(dm) of the Wisconsin Statutes is zero (0).
WHEREAS, the property owners have requested temporary zoning of Heavy
Industrial District with Planned Development Overlay(HI-PD); and
WHEREAS,the Town Clerk for the Town of Algoma has been provided with written
JULY 14, 2020 20-313 ORDINANCE
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notice regarding the attachment in the time period specified by the approved Cooperative
Plan; and
WHEREAS, the Town of Algoma has not filed an objection to the attachment with
the City.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. The following described territory, pursuant to a duly filed voluntary
attachment petition is hereby attached to and made part of the City of Oshkosh, a
municipal corporation located in Winnebago County, more specifically to the 13th Ward
of said City and subject to Wisconsin Statutes and the amendments thereto:
NOW,THEREFORE,THIS PETITION IS HEREBY MADE for unanimous voluntary
attachment, pursuant to the provisions of the approved Cooperative Plan between the City
of Oshkosh and the Town of Algoma, for attachment to the City of Oshkosh, Wisconsin,
from the Town of Algoma, Winnebago County, Wisconsin, of the real estate hereinafter
described as follows:
UNITED COOPERATIVE VOLUNTARY ATTACHMENT
PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP
18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY,
WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SECTION 32; THENCE N00°00'24"W, 18.92 FEET ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 32 TO THE POINT OF
BEGINNING; THENCE CONTINUING N00°00'24"W, 1303.42 FEET ALONG SAID
WEST LINE TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 32; THENCE S89°18'26"E, 80.68 FEET ALONG SAID NORTH LINE;
THENCE SOUTHWESTERLY,47.91 FEET ALONG THE ARC OF A 30.00 FOOT RADIUS
CURVE TO THE LEFT,HAVING A CHORD WHICH BEARS S44°5647"W AND IS 42.98
FEET IN LENGTH; THENCE S00°48'00"E, 1232.60 FEET TO THE NORTHWESTERLY
RIGHT-OF-WAY LINE THE WISCONSIN SOUTHERN RAILROAD; THENCE
S59035'03"W, 78.12 FEET ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE TO
THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.7359 ACRES OF LAND
JULY 14, 2020 20-313 ORDINANCE
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MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to
Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions
of this Ordinance and the proper City officials are hereby authorized and directed to
make such changes.
SECTION 3. The proper City officials are hereby authorized and directed to
comply with the following requirements of Section 66.0217(9)(a) and 66.0307(10) of the
Wisconsin Statutes and the City Clerk shall give written notice to the Secretary of State.
SECTION 4. Said property hereinabove described is hereby zoned HI-PD Heavy
Industrial District with Planned Development Overlay.
SECTION 5. This Ordinance shall be in full force and effect on the Sunday after
its passage and publication.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #20-313 APPROVE REQUEST TO ATTACH TO THE CITY FROM
THE TOWN OF ALGOMA / UNITED COOPERATIVE VOLUNTARY ATTACHMENT
FOR A PORTION OF PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
CLAIRVILLE ROAD, NORTH OF STATE ROAD 91 AND SOUTH OF TRANSIT DRIVE;
on July 14, 2020. This ordinance attaches 1.7359+/- acres of property generally located on
the east side of Clairville Road, north of State Road 91 and south of Transit Drive from
the Town of Algoma to the City of Oshkosh. 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.
11,
Oshkosh
TO. Honorable Mayor and Members of the Common Council
FROM. Jeffrey Nau, Associate Planner
DATE: July 9, 2020
RE. Approve Request to Attach to the City from Town of Algoma/United
Cooperative Voluntary Attachment; Clairville Road north of State Highway 91
BACKGROUND
This request involves a 1.736 acre area of land consisting of easterly Clairville Road right-of-
way and a 17-foot wide by roughly 1,250-foot long strip of land owned by United Cooperative.
The area is located on the east side of Clairville Road, between State Highway 91 and Transit
Drive.
The purpose of the attachment is to enable the city to widen the width of the Clairville Road
right-of-way which will allow for roadway improvements for access to the Southwest
Industrial Park. The land proposed to be used for the additional right-of-way dedication is
part of a land exchange agreement between the City and Untied Cooperative. In exchange for
the right-of-way dedication, United Cooperative will receive 0.737 acres of City-owned
industrial park land adjacent to the Wisconsin Southern Railroad for future rail spur
expansions.
ANALYSIS
The attachment and subsequent right-of-way dedication will allow the City to improve the
vision triangle safety on Clairville Road near the new Transit Drive intersection. Constructing
an intersection that allows for multiple trucks to make movements in and out of the park with
ease will improve the functionality of the City's industrial park. The attachment will also
allow the City to plan for the future when Clairville Road is reconstructed and brought up to
City standards as the western half of Clairville Road is already in the Oshkosh corporate
limits. When future staff and councilors decide to complete the reconstruction, the City will
already have the additional ROW needed under City control. Improving the safety and access
on Clairville Road to the City's industrial park and transload terminal is critical to the growth
of the industrial park.
City Hall,215 Church Avenue P 0 Box 1130 Oshkosh, WI 54903-1 130 920 236.5000 htip//www a oshkosh wi us
The petitioner is requesting a temporary and permanent zoning classification of Heavy
Industrial Zoning District with Planned Development Overlay (HI-PD) for the property The
proposed zoning is consistent with the current zoning designations north and west of the
subject site as well as the City's Comprehensive Land Use Plan 2040 industrial land use
recommendation.
The proposed attachment is compliant with the terms of the intergovernmental agreement
between the City and the Town of Algoma, which has been fully implemented with a
Cooperative Plan approved by the State of Wisconsin. The Subject site is identified as Zone C
City Expansion Area per Exhibit A of the Intergovernmental Agreement which allows
attachments to the City by unanimous consent.
FISCAL IMPACT
The City received a $1.5 million dollar EDA grant for the project and budgeted $1.5 million as
the city match. The project is located in TID #23
RECOMMENDATION
Staff recommends approval of the United Cooperative Voluntary Attachment from the Town
of Algoma as proposed. To stay on schedule for the proposed roadway improvements, City
staff is requesting the Council to waive the rules and adopt this ordinance at its July 14th, 2020
meeting.
Respectfully Submitted, Approved.
Jeffrey Nau Mark A. Rohloff
Associate Planner City Manager
City Hall,215 Church Avenue P 0 Box 1130 Oshkosh,WI 54903-1130 920 236.5000 http://www a.oshkosh.wi.us
REQUEST FOR UNANIMOUS VOLUNTARY ATTACHMENT PETITION
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN:
WHEREAS,the City of Oshkosh and Town of Algoma have adopted a Cooperative Plan as set forth in s.
'66.0307,Wis. Stats.,approved bythe Wisconsin Department of Administration,that identifies areas within.the Town
of Algoma as expansion areas for the City of Oshkosh,
WHEREAS,the undersigned represent all of the owners of the territory to be attached to the City of Oshkosh
from the Town of Algoma;
WHEREAS,the proposed territory to be attached is located within the designated City Expansion Area of
the Town of Algoma to the City of Oshkosh;
WHEREAS,the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the
Wisconsin Statutes is Zero (0)
NOW,THEREFORE,THIS PETITION IS HEREBY MADE for unanimous voluntary attachment,pursuant
to the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Algoma, for
attachment to the City of Oshkosh, Wisconsin, from the Town of Algoma, Winnebago County, Wisconsin, of the
real estate hereinafter described as follows:
UNITED COOPERATIVE VOLUNTARY ATTACHIVICNT
PART OF THE SOUTHWEST IK OF THE SOUTHWEST V4 OF SECTION 32,TOWNSHIP 18 NORTH,RANGE 16
EAST,TOWN OF ALGOMA,WINNEBAGO COUNTY,WISCONSIN,BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 32;THENCE N00°00'24"W, 18.92
FEET ALONG THE WEST LINE OF THE SOUTHWEST V4 OF SECTION 32 TO THE POINT OF BEGINNING;
THENCE CONTINUING N00°00'24"W, 1303.42 FEET ALONG SAID WEST LINE TO THE NORTH LINE OF THE
SOUTHWEST V4 OF THE SOUTHWEST V4 OF SECTION 32; THENCE S89018'26"E, 80.68 FEET ALONG SAID
NORTH LINE; THENCE SOUTHWESTERLY,47.91 FEET ALONG THE ARC OF A 30.00 FOOT RADIUS CURVE
TO THE LEFT,HAVING A CHORD WHICH BEARS S44°56'47"W AND IS 42.98 FEET IN LENGTH; THENCE
S00048'00"E, 1232.60 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE THE WISCONSIN SOUTHERN
RAILROAD; THENCE S59°35'03"W, 78.12 FEET ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE TO
THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.7359 ACRES OF LAND MORE OR LESS.
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed
and its relation to the municipalities involved.
QUALIFICATION
NAME POST OFFICE ADDRESS DATE (elector and/orSIGNED property owner
7-i�V4
2n
David Cramer
President and CEO N7160 Raceway Road
United Cooperative Beaver Dam, WI 53916 President and CEO
RECEIVED
JUN 3 0 2020
MTV r%I
PETITION FOR TEMPORARY& PERMANENT ZONING CLASSIFICATION
TO THE COMMON COUNCIL OF TIE'CITY OF OSHKOSH:
WHEREAS the undersigned are electors and/or property owners in the area being sought to
be attached to the City of Oshkosh, said area being more particularly described in a certain petition
for unanimous attachment to the City of Oshkosh,
United Cooperative Voluntary Attachment,
and,
WHEREAS it is acknowledged by the undersigned that submitting of this petition does not in
any matter attempt to make said petition for attachment conditional upon this petition or the action
taken by the said Common Council pursuant to this petition.
NOW,THEREFORE,the undersigned petition the Common Council of the City of Oshkosh
that the ordinance attaching said territory include a provision temporarily designating the
classification for zoning purposes, pursuant to Sec. 66.0217(8) of the Wisconsin Statutes, until the
zoning ordinance is amended as prescribed in Sec. 62.23(7)(d) of the Wisconsin Statutes, as follows:
Heavy Industrial District with Planned Development Overlay(HI-PD)
Qualification
(elector and/or
NAME POST OFFICE ADDRESS DATE SIGNED roe owner)
-2—O
David Cramer
President and CEO 147160 Raceway Road President and
United Cooperative Beaver Dam, WI 53916 CEO
RECEIVED
JUN 3 0 2020
CITY CLERK'S OFFICE
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