HomeMy WebLinkAbout11-107FEBRUARY 22, 2011 MARCH 8, 2011 11 -88 11 -107 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE MURASKI DELAYED ATTACHMENT REQUEST FROM
TOWN OF ALGOMA (3087 OREGON STREET)
INITIATED BY: THOMAS MURASKI
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 14TH 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 delayed 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 owner has 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:
FEBRUARY 22, 2011 MARCH 8, 2011 11 -88 11 -107 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 14th Ward of
said City and subject to Wisconsin Statutes and the amendments thereto:
THAT PART OF THE SE Y4 OF THE SE Y4 OF SECTION 35, TOWN 18 NORTH, RANGE
16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID
SECTION 35 AND ALSO THE POINT OF BEGINNING, THENCE N89 0 34'42 "W, 33.00
FEET ALONG THE SOUTH LINE OF SAID SECTION 35; THENCE N00 °00'00 "E, 33.00
FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF W. WAUKAU AVENUE;
THENCE N89 0 34'42 "W, 259.00 FEET ALONG THE NORTH LINE OF W. WAUKAU
AVENUE; THENCE N00 °00'00 "E, 173.42 FEET; THENCE S89 0 34'42 "E, 292.00 FEET TO
A POINT ON THE EAST LINE OF SAID SECTION 35; THENCE S00 °00'00 "W, 206.42
FEET ALONG THE EAST LINE OF SAID SECTION 35 TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 51,726 SQUARE FEET OR 1.19 ACRES
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 5 years from the
Sunday after its passage and publication or in accordance with the approved Cooperative
Plan between the Town of Algoma and the City of Oshkosh.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #11 -107 APPROVE MURASKI DELAYED ATTACHMENT REQUEST
FROM THE TOWN OF ALGOMA (3087 OREGON STREET) on March 8, 2011. The
Ordinance attaches property at 3087 Oregon Street 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.
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OYHKO.f H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich, Director of Planning Services Division /
DATE: February 17, 2011
RE: Approve Muraski Delayed Attachment from the Town of Algoma
BACKGROUND /SUBJECT PROPERTY
This is a delayed voluntary attachment of approximately 1. 19 acres of land located in the Town of Algoma. The
purpose of the attachment is to obtain utility service (sewer and water) for an existing single - family residence at
3087 Oregon Street. The property is currently zoned M -3ETZ, General Industrial District Extraterritorial
Zoning. The attachment is delayed because under the terms of the Boundary Agreement between the City and
Town of Algoma, provisions allow for connection to City sewer and water facilities and delay the actual transfer
of property to the City's jurisdiction for a five year period or until a defined City expansion area is immediately
attached as outlined in the Cooperative Plan. The subject property is located in Zone A which is scheduled for
attachment in March, 2013.
ANALYSIS
City sanitary sewer and water are available for immediate connection. Connection charges will be due prior to
connection to City sanitary sewer and the water main. The connection charge for sanitary will be approximately
$1,539.53, water main approximately $1,135.91 and laterals approximately $750.00.
The property is proposed to be attached with a zoning classification of M -3, General Industrial District, which is
consistent with Comprehensive Plan's land use recommendation and the existing land use pattern of the
surrounding area. The existing single family use is currently nonconforming but may continue to be used as a
single family dwelling as long as the property does not become vacant for 12 consecutive months. The property
will remain under Town /County jurisdiction for most services (other than zoning administration, and sanitary
sewer and water service) until the property is automatically attached on March 1, 2013, after which the City will
provide all services. Service provision by the City should not be an issue as these services are provided to other
properties along Oregon Street.
FISCAL IMPACT
Based on the assessed values of land in the vicinity, the attachment of the subject property should add
approximately $29,200 in equalized land value and $87,800 in equalized improvement value, totaling $117,000
in equalized value. The property will continue to pay property taxes to the Town until March 1, 2013, after
which taxes will be paid to the City of Oshkosh.
RECOMMENDATION
It appears that the Muraski Delayed Voluntary Attachment is in the best interest of the City and I recommend
approval as requested.
Approved, ���
City Ma