HomeMy WebLinkAbout08-408OCTOBER 14, 2008
FIRST READING
(CARRIED 7 -0
OCTOBER 28, 2008 08 -391
SECOND READING
LOST LAID OVER
08 -408 ORDINANCE
WITHDRAWN )
PURPOSE: APPROVAL OF SOUTHWEST INDUSTRIAL PARK/ YMCA
VOLUNTARY ATTACHMENT
INITIATED BY: CITY OF OSHKOSH, ETAL
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., and approved by the Wisconsin Department of
Administration, that identifies areas within the Town of Algoma as expansion areas to attach to
the City of Oshkosh; and
WHEREAS, a voluntary attachment petition duly circulated has heretofore been
signed by the owners of all the real property within such territory to be attached to the City
of Oshkosh from the Town of Algoma; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Algoma to the City of Oshkosh; and
WHEREAS, the property owners have requested temporary zoning of M -3 General
Industrial; and
WHEREAS, the Town Clerk for the Town of Algoma has been provided with written
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:
OCTOBER 14, 2008 OCTOBER 28, 2008 08 -391 08 -408 ORDINANCE
FIRST READING SECOND READING CONT'D
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:
as described in the attached "Exhibit A"
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 temporarily zoned as
follows: M -3 General Industrial
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 #08 -408 APPROVAL OF SOUTHWEST INDUSTRIAL PARK/YMCA
VOLUNTARY ATTACHMENT on October 28, 2008. The Ordinance attached property
from the Town of Algoma to the City of Oshkosh generally located on the south side of W.
20th Ave. (C.T.H. K), north of State Road 91, on the east side of Clairville Road. 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.
"EXHIBIT A"
SOUTHWEST INDUSTRIAL PARK - YMCA ATTACHMENT
ALL OF LOT 1 IN CERTIFIED SURVEY MAP NO. 4446 BEING ALL OF THE S.E. 1/4 OF THE
N.W. 1/4, ALSO PART OF LANDS LOCATED IN THE N.E. 1/4 AND S.W. 1/4 OF THE N.W. 1/4,
PART OF LANDS LOCATED IN THE N.E. 1/4, N.W. 1/4 AND S.E. 1/4 OF THE S.W. 1/4 AND
PART OF LANDS LOCATED IN THE N.W. 1/4 AND N.E. 1/4 OF THE S.E. 1/4, ALL IN SECTION
32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY,
WISCONSIN, WHICH IS BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM
THE N. 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH 00 °57'58" WEST ALONG THE
EAST LINE OF THE N.W. 1/4 OF SAID SECTION AND THE WEST LINE OF LOT 1 OF
CERTIFIED SURVEY MAP NO. 6070 A DISTANCE OF 482.80 FEET TO THE POINT OF
BEGINNING OF THE AREA TO BE DESCRIBED; THENCE CONTINUING SOUTH 00 °57'58"
WEST ALONG THE EAST LINE OF THE N.W. 1/4 OF SAID SECTION AND THE WEST LINE
OF SAID LOT 1 OF CERTIFIED SURVEY MAP NO. 6070 AND THE WEST LINE OF LOTS 1
AND 3 OF CERTIFIED SURVEY MAP NO. 6090 A DISTANCE OF 2173.20 FEET TO THE
CENTER OF SAID SECTION; THENCE SOUTH 01 °00'06" WEST ALONG THE EAST LINE OF
THE S.W. 1/4 OF SAID SECTION AND THE WEST LINE OF SAID LOT 3 A DISTANCE OF
1019.96 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF THE WISCONSIN AND
SOUTHERN RAILROAD; THENCE NORTH 59 °36'05" EAST ALONG SAID NORTH RIGHT -OF-
WAY LINE AND THE SOUTH LINE OF LOTS 3 AND 2 OF CERTIFIED SURVEY MAP NO. 6090
AND THE SOUTH LINE OF OUTLOT 1 OF CERTIFIED SURVEY MAP NO. 3424 A DISTANCE
OF 1977.58 FEET TO A POINT ON THE NORTH LINE OF THE S.E. 1/4 OF SAID SECTION;
THENCE SOUTH 89 0 21'03" EAST ALONG SAID NORTH 1/4 LINE 127.97 FEET TO A POINT
ON THE SOUTH RIGHT -OF -WAY LINE OF SAID RAILROAD; THENCE SOUTH 59 0 36'05"
WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE AND A NORTHWESTERLY LINE OF
OUTLOT 1 AND LOT 1 OF CERTIFIED SURVEY MAP NO. 5874 A DISTANCE OF 3697.10
FEET TO A POINT ON THE WEST LINE OF THE S.E. 1/4 OF THE S.W. 1/4 OF SAID
SECTION; THENCE NORTH 00 0 30'26" EAST ALONG SAID WEST 1/4,1/4 LINE 577.76 FEET
TO THE N.W. CORNER OF SAID 1/4,1/4 SECTION; THENCE NORTH 89 0 19'40" WEST
ALONG THE SOUTH LINE OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 1344.73
FEET TO THE SOUTHWEST CORNER OF SAID 1/4,1/4 SECTION; THENCE NORTH
00 0 00'36" EAST ALONG THE WEST LINE OF THE S.W. 1/4 OF SAID SECTION 945.18 FEET;
THENCE SOUTH 89 0 29'08" EAST 256.01 FEET; THENCE NORTH 00 0 00'36" EAST 377.01
FEET TO A POINT ON THE SOUTH LINE OF THE S.W. 1/4 OF THE N.W. 1/4 OF SAID
SECTION; THENCE NORTH 89 0 29'08" WEST ALONG SAID SOUTH 1/4,1/4 LINE 47.30 FEET;
THENCE NORTH 00 0 32'49" EAST 417.15 FEET; THENCE NORTH 89 0 24'37" WEST 208.72
FEET TO A POINT ON THE WEST LINE OF SAID 1/4,1/4 SECTION; THENCE NORTH
00 0 32'43" EAST ALONG SAID WEST 1/4,1/4 LINE 919.32 FEET TO THE NORTHWEST
CORNER OF SAID 1/4,1/4 SECTION; THENCE SOUTH 89 0 15'48" EAST ALONG THE NORTH
LINE OF SAID 1/4,1/4 SECTION AND THE SOUTH LINE OF LOT 3 OF CERTIFIED SURVEY
MAP NO. 5059 A DISTANCE OF 1361.10 FEET TO THE SOUTHEAST CORNER OF THE N.W.
1/4 OF THE N.W. 1/4 OF SAID SECTION; THENCE NORTH 00 0 45'21" EAST ALONG THE
EAST LINE OF SAID 1/4,1/4 SECTION AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF
1003.25 FEET; THENCE SOUTH 89 0 07'03" EAST 132.00 FEET; THENCE NORTH 00 0 45'21"
EAST 330.00 FEET TO A POINT ON THE NORTH LINE OF THE N.W. 1/4 OF SAID SECTION;
THENCE SOUTH 89 0 07'03" EAST ALONG SAID NORTH LINE 746.14 FEET; THENCE SOUTH
00 0 23'18" WEST 482.82 FEET; THENCE SOUTH 89 0 07'03" EAST 482.93 FEET TO THE POINT
OF BEGINNING. SAID PARCEL CONTAINS 8,921,304 SQUARE FEET OR 204.806 ACRES
MORE OR LESS AND IS SUBJECT TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF
RECORD.
"EXHIBIT A"
SOUTHWEST INDUSTRIAL PARK - YMCA ATTACHMENT
ALL OF LOT 1 IN CERTIFIED SURVEY MAP NO. 4446 BEING ALL OF THE S.E. 1/4 OF THE
N.W. 1/4, ALSO PART OF LANDS LOCATED IN THE N.E. 1/4 AND S.W. 1/4 OF THE N.W.
1/4, PART OF LANDS LOCATED IN THE N.E. 1/4, N.W. 1/4 AND S.E. 1/4 OF THE S.W. 1/4
AND PART OF LANDS LOCATED IN THE N.W. 1/4 AND N.E. 1/4 OF THE S.E. 1/4, ALL IN
SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO
COUNTY, WISCONSIN, WHICH IS BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE N. 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH
00 0 57'58" WEST ALONG THE EAST LINE OF THE N.W. 1/4 OF SAID SECTION AND THE
WEST LINE OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6070 A DISTANCE OF 482.80
FEET TO THE POINT OF BEGINNING OF THE AREA TO BE DESCRIBED; THENCE
CONTINUING SOUTH 00 0 57'58" WEST ALONG THE EAST LINE OF THE N.W. 1/4 OF SAID
SECTION AND THE WEST LINE OF SAID LOT 1 OF CERTIFIED SURVEY MAP NO. 6070
AND THE WEST LINE OF LOTS 1 AND 3 OF CERTIFIED SURVEY MAP NO. 6090 A
DISTANCE OF 2173.20 FEET TO THE CENTER OF SAID SECTION; THENCE SOUTH
01 0 00'06" WEST ALONG THE EAST LINE OF THE S.W. 114 OF SAID SECTION AND THE
WEST LINE OF SAID LOT 3 A DISTANCE OF 1019.96 FEET TO A POINT ON THE NORTH
RIGHT -OF -WAY LINE OF THE WISCONSIN AND SOUTHERN RAILROAD; THENCE NORTH
59 0 36'05" EAST ALONG SAID NORTH RIGHT -OF -WAY LINE AND THE SOUTH LINE OF
LOTS 3 AND 2 OF CERTIFIED SURVEY MAP NO. 6090 AND THE SOUTH LINE OF OUTLOT
1 OF CERTIFIED SURVEY MAP NO. 3424 A DISTANCE OF 1977.58 FEET TO A POINT ON
THE NORTH LINE OF THE S.E. 1/4 OF SAID SECTION; THENCE SOUTH 89 °21'03" EAST
ALONG SAID NORTH 1/4 LINE 127.97 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY
LINE OF SAID RAILROAD; THENCE SOUTH 59 °36'05" WEST ALONG SAID SOUTH RIGHT -
OF -WAY LINE AND A NORTHWESTERLY LINE OF OUTLOT 1 AND LOT 1 OF CERTIFIED
SURVEY MAP NO. 5874 A DISTANCE OF 3697.10 FEET TO A POINT ON THE WEST LINE
OF THE S.E. 1/4 OF THE S.W. 1/4 OF SAID SECTION; THENCE NORTH 00 0 30'26" EAST
ALONG SAID WEST 1/4,1/4 LINE 577.76 FEET TO THE N.W. CORNER OF SAID 1/4,1/4
SECTION; THENCE NORTH 89 0 19'40" WEST ALONG THE SOUTH LINE OF THE N.W. 1/4
OF THE S.W. 1/4 OF SAID SECTION 1344.73 FEET TO THE SOUTHWEST CORNER OF
SAID 1/4,1/4 SECTION; THENCE NORTH 00 0 00'36" EAST ALONG THE WEST LINE OF THE
S.W. 1/4 OF SAID SECTION 945.18 FEET; THENCE SOUTH 89 °29'08" EAST 256.01 FEET;
THENCE NORTH 00 0 00'36" EAST 377.01 FEET TO A POINT ON THE SOUTH LINE OF THE
S.W. 1/4 OF THE N.W. 1/4 OF SAID SECTION; THENCE NORTH 89 °29'08" WEST ALONG
SAID SOUTH 1/4,1/4 LINE 47.30 FEET; THENCE NORTH 00 °32'49" EAST 417.15 FEET;
THENCE NORTH 89 0 24'37" WEST 208.72 FEET TO A POINT ON THE WEST LINE OF SAID
1/4,1/4 SECTION; THENCE NORTH 00 °32'43" EAST ALONG SAID WEST 1/4,1/4 LINE
919.32 FEET TO THE NORTHWEST CORNER OF SAID 1/4,114 SECTION; THENCE SOUTH
89 0 15'48" EAST ALONG THE NORTH LINE OF SAID 1/4,1/4 SECTION AND THE SOUTH
LINE OF LOT 3 OF CERTIFIED SURVEY MAP NO. 5059 A DISTANCE OF 1361.10 FEET TO
THE SOUTHEAST CORNER OF THE N.W. 1/4 OF THE N.W. 1/4 OF SAID SECTION;
THENCE NORTH 00 °45'21" EAST ALONG THE EAST LINE OF SAID 1/4,1/4 SECTION AND
THE EAST LINE OF SAID LOT 3 A DISTANCE OF 1003.25 FEET; THENCE SOUTH 89 0 07'03"
EAST 132.00 FEET; THENCE NORTH 00 °45'21" EAST 330.00 FEET TO A POINT ON THE
NORTH LINE OF THE N.W. 1/4 OF SAID SECTION; THENCE SOUTH 89 °07'03" EAST
ALONG SAID NORTH LINE 746.14 FEET; THENCE SOUTH 00 0 23'18" WEST 482.82 FEET;
THENCE SOUTH 89 0 07'03" EAST 482.93 FEET TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINS 8,921,304 SQUARE FEET OR 204.806 ACRES MORE OR LESS AND IS
SUBJECT TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.
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TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinney
Director of Community Development
DATE: October 9, 2008
RE: Approval of Southwest Industrial Park / YMCA Voluntary Attachment
City of Oshkosh and YMCA, owners
BACKGROUND
This is a voluntary attachment from the Town of Algoma of approximately 205 acres of land to
the west and north of the Southwest Industrial Park and is generally located north of the
Wisconsin and Southern Railroad, south of W. 20 Avenue and east of Clairville Road. The
attachment involves ten parcels: five owned by the City comprised of 161 acres, four state -
owned railroad right -of -way parcels totaling 5 acres and the Oshkosh Community YMCA
property with 34 acres. In 1999, the YMCA entered into an annexation agreement requiring
their property be attached to the City at a time when it may legally do so and as such, is included
in the petition.
ANALYSIS
The subject properties are currently undeveloped with the exception of the YMCA and
predominantly used for agricultural purposes. It is being requested to designate the properties
with temporary zoning of M -3 General Industrial District.
This attachment is needed to continue the expansion of the Southwest Industrial Park. The
attachment is the next step in ensuring that there is ample land available for future industrial
development. Street, water main, storm and sanitary sewer extensions will be required to
prepare the attachment area for development.
FISCAL IMPACT
Infrastructure improvements will be included in future Capital Improvements Programs and
funded through tax increment financing (TIF), similar to previous industrial park expansions.
Prior to any city expenditures, a Tax Incremental Financing Project Plan will be prepared for
review by the Plan Commission and approval by the Common Council and Joint Review Board.
Based on 2008 property values located within the Southwest Industrial Park, it is anticipated that
the attachment area will have a projected future value in excess of $50 million in 2008 dollars.
The YMCA facility will not contribute to the tax base as it is exempt as a charitable, non - profit
organization. Regardless, the YMCA will continue to be a valuable asset to the community.
RECOMMENDATION
Staff recommends approval of this request with temporary zoning of M -3 General Industrial.