HomeMy WebLinkAboutCooperativePlanNekimiCOOPERATIVE PLAN
Between
CITY OF OSHKOSH
And
TOWN OF NEKIMI
Those Involved in the Preparation of the Cooperative Plan:
City of Oshkosh Community Development Department, Allen Davis
City of Oshkosh Attorney, Lynn Lorenson
Town of Nekimi Chairperson, Glen Barthels
Town of Nekimi Attorney, John St. Peter
Final Version Dated
January 4, 2012
Table of Contents
Outline.......................................................................................................................
1
Section 1: Participating Municipalities......................................................................
2
Section2: (Blank).....................................................................................................
2
Section 3: Territory Subject To the Cooperative Plan .............................................2
2
Section 4: Issues, Problems, Opportunities.............................................................
2
Section5: Definitions...............................................................................................
5
Section 6: Term Of The Boundary Adjustment Period ............................................7
7
Section 7: Expansion Area And Protected Area .......................................................7
7
Section 8: Long -Term Boundary Between City And Town ......................................10
10
Section 9: Attachment Of Territory In Expansion Area Of Town To City ................11
11
Section 10: Procedure For Attachment......................................................................
11
Section 11: Local Ordinances...................................................................................
14
Section 12: Current Land Use And Physical Development Of The Territory............
15
Section 13: Relationship of the Cooperative Plan to Nonparticipating Entities.....
19
Section14: Services..................................................................................................
20
Section 15: Environmental Evaluation Of The Cooperative Plan .............................
22
Section16: Housing Needs.......................................................................................
24
Section 17: Comprehensive/Master Planning...........................................................
24
Section 18: Authorizing Resolutions, Record Of Public Participation And
Cooperative Plan Adoption Resolutions .................................................25
25
Section 19: Binding Effect Of Cooperative Plan .......................................................25
25
Section 20: Administration Of This Cooperative Plan .................................................25
25
Section 21: Dispute Resolution.................................................................................
26
Section 22: No Challenges To This Cooperative Plan ................................................29
29
Section23: Remedies.................................................................................................
29
Section24: Amendment............................................................................................
30
Section 25: Good Faith And Fair Dealing..................................................................
30
Section 26: Invalid Or Ineffective Ordinance............................................................
30
Section27: Implementation......................................................................................
30
Section 28: Miscellaneous Interpretation..................................................................
31
Section29: Notices....................................................................................................
31
Exhibits:
Exhibit A: City/Town Boundary Map........................................................................
33
Exhibit B: Protected/Expansion/Rural Preservation Zones ........................................34
34
Exhibit C: Town of Nekimi Land Use Plan..................................................................
35
EXHIBIT D: Map Showing Relationship Of The Coop. Plan to Nonpartic. Entities......
36
EXHIBIT E: TOWN OF NEIQMI SECTIONS MAP.....................................................................
37
Exhibit F: U.S. Highway 41 Corridor Overlay District Map .......................................38
38
Exhibit G: Town Of Nekimi Res. Authorizing Support Of Boundary Agreement........
39
Exhibit H: City of Oshkosh Res. Authorizing Support Of Boundary Agreement........
40
Exhibit I: Record of Public Participation and Comment .............................................
41
Exhibit J: Intergovernmental Boundary Agreement ...................................................42
42
Exhibit K: Immediate Attachments...........................................................................
43
Exhibit L: Environmentally Sensitive Lands................................................................
44
1
OUTLINE OF CITY OF OSHKOSH AND TOWN OF NEKIMI
COOPERATIVE PLAN
UNDER WIS. STAT. § 66.0307
The CITY OF OSHKOSH, a Wisconsin municipal corporation with offices at 215 Church
Avenue, Oshkosh, Wisconsin 54903-1130 and the TOWN OF NEKIMI, a Wisconsin
municipality with offices at 3790 Pickett Avenue, Nekimi, Wisconsin 54904 enter into
this Cooperative Plan, ("Cooperative Plan" or "Plan" or "Agreement"), subject to
approval of the State Department of Administration, under authority of Wis. Stat. §
66.0307.
RECITALS
A. Wis. Stat. § 66.0307, authorizes municipalities to determine the boundary lines
between themselves upon approval of a cooperative plan by the State Department of
Administration.
B. The purpose of a cooperative plan is set forth in Wis. Stat. § 66.0307(3)(b), as
follows: The cooperative plan shall be made with the general purpose of guiding and
accomplishing a coordinated, adjusted and harmonious development of the territory
covered by the plan which will, in accordance with existing and future needs, best
promote public health, safety, morals, order, convenience, prosperity or the general
welfare, as well as efficiency and economy in the process of development.
C. Wis. Stat. § 66.0307(2) permits cooperative plans to provide for future boundary
changes.
D. On July 24, 2007 the City and Town entered into an Intergovernmental Agreement
under the authority of Wis. Stat. § 66.0301 to provide the basic foundation for this
Cooperative Plan. The document was subsequently amended on May 11, 2011. The
Intergovernmental Agreement is attached hereto as Exhibit J.
E. The City and Town entered into the Intergovernmental Agreement for the purposes
of establishing a long-term boundary, limiting the City's extraterritorial authority within
the Protected Area assuring orderly growth and development outside the Protected
Area, protecting Town owners from annexations against their will, and facilitating
attachment of lands in the Expansion Area at the will of the owners without threat of
lawsuits.
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F. This Cooperative Plan is intended to implement the Intergovernmental Agreement
and to guide and accomplish a coordinated, well -planned and harmonious development
of the territory covered by the Plan.
G. This Cooperative Plan was developed following a review of regional, county and
local plans and after a public hearing held on August 17, 2011 noticed under Wis. Stat.
§ 66.0307(4)(b), from which comments were received and said comments are
addressed in Exhibit I.
H. It is the intention of the City and Town that this Cooperative Plan be a binding and
enforceable contract
PLAN
THEREFORE, the City of Oshkosh and Town of Nekimi enter into this Cooperative Plan
under authority of Wis. Stat. § 66.0307, and petition the State of Wisconsin
Department of Administration for approval, in accordance with statutory procedures and
time frames.
SECTION 1
PARTICIPATING MUNICIPALITIES
This Cooperative Plan applies to the City of Oshkosh and Town of Nekimi, located in
Winnebago County, Wisconsin. The boundary between the City and the Town is shown
on Exhibit A.
SECTION 2
[This section left intentionally blank.]
SECTION 3
TERRITORY SUBJECT TO THE COOPERATIVE PLAN
The territory subject to this Cooperative Plan is all territory in the Town as of the date
of this Plan.
SECTION 4
ISSUES, PROBLEMS, OPPORTUNITIES
This Cooperative Plan will address issues and problems and create opportunities as
noted in the subsections below:
2
4.01 Existing Character of the Territory (Town of Nekimi) The Town of Nekimi
is predominated by undeveloped and agricultural areas. Single-family homes are
located along many of the section roads in the Town. Limited commercial and
industrial developments are located along USH 41 and STH 44. Given that the
Town has no central place where development and activity is congregated,
institutional uses and public facilities are scattered throughout the Town.
The following table is a breakdown of existing land use in the Town.
Town of Nekimi
Existing Land Use*
Land Use
Acres
Percent of Town
Air Travel
336.9
1.82%
Commercial
50.0
0.27%
Industrial
40.3
0.22%
Non -Metallic Mining
66.9
0.36%
Open Water
72.6
0.39%
Single -Family Residential
882.7
4.77%
Transportation
828.7
4.47%
Undeveloped/Agricultural
15 407.9
83.2%
Utilities & Public Facilities
212.0
1.14%
Wetlands
626.4
3.38%
Total
18,524.4
100%
*Town of Nekimi Comprehensive Plan, October 2003
4.02 Future Road Network The parties will consult with each other relative to
future road planning.
(a) New West Side Arterial (WSA). The Winnebago County Highway Commission
is undertaking a planning process to identify a location for a future west side
arterial that would be located between US 41 and County FF and connect
WIS 21, WIS 91, WIS 44 and WIS 26. This limited access roadway would be
able to handle future land development and connect Town and City lands on
what is now the far western portion of the Oshkosh metropolitan area.
Planning for the roadway now will prevent development over the next 20
years from encroaching on the future highway corridor. This major roadway
may also be one of the few connecting points (full interchange) with the
potential Highway 21 freeway system.
(b) The study area includes portions of the Town of Nekimi, including areas
identified as City Expansion Area, Nekimi Protected Area, and Rural
Preservation Area. Right-of-way will need to be preserved under the
authority of Wis. Stat.§ 66.1031. The City agrees to only exercise its
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extraterritorial mapping for that segment of the WSA that terminates at WIS
44. Any proposed mapping of the WSA to connect with WIS 26 will be done
solely under the jurisdiction of the Town. The City will periodically provide
the Town with reports of the status of this proposed project together with all
relevant background documents that the Town may need to make informed
decisions concerning the project. -
4.03 Preservation of Natural, Physical and Socio-Economic Attributes
The Town of Nekimi has a rich farming tradition with roughly 83% of the Town's land
area devoted to agricultural and undeveloped space. Farming operations in the Town
consist of a balance of family farm operations, rented cropland, and larger corporate
farms. Large portions of Town lands are considered to be prime agricultural lands.
Contiguous areas of woodlands, wetlands, and other natural areas in the Town have
been protected from development. In order to protect prime agricultural lands from
residential development pressures, the Town has adopted a Subdivision Ordinance with
provisions for cluster and conservation subdivisions.
The Town has not yet completed a comprehensive inventory of its cultural resources.
Completion of said inventory is a priority in the Comprehensive Plan to establish
priorities for protection of cultural resources. According to the Wisconsin Historical
Society, the Town of Nekimi has 39 registered historic structures.
This Plan will promote and enable cooperation between the City and the Town to
coordinate their plans for pedestrian trails.
4.04 Joint Planning Both the City of Oshkosh and the town of Nekimi have
completed their respective Comprehensive Plans that were developed per the State's
"Smart Growth" statutes. Each of the plans includes an Intergovernmental Cooperation
element. With the Plans in place, greater emphasis can be applied to working jointly to
resolve any potential land use conflicts or issues, and to promote efficient delivery of
services to both the City and Town.
Those portions of the Town in the City Expansion Area will be served (as attachment
occurs) with sanitary sewer, water and underground storm sewer system. There are no
plans to extend sanitary sewer, water, and underground storm sewer to Nekimi
Protected Area.
4.05 Establish Long -Term Boundaries Between City and Town, Eliminate
Annexation Disputes. In previous years, annexation disputes have occurred between
the City of Oshkosh and the Town of Nekimi. These disputes have absorbed City and
Town fiscal resources. -
El
Current Wisconsin annexation statutes and annexations have resulted in fragmentation
of the Town into discontinuous geographic areas and irregular peninsulas. The
boundaries of the Town and the City are not well defined by built or natural features,
which have resulted in service inefficiencies and challenges. The irregular boundary
issues are addressed by this Plan.
The term and implementation phases within the Plan recognize an attempt to balance
the competing desires of the City, the Town, and existing Town property owners and
residents. -
The boundary provisions between the City and the Town that provide for a protected
area for the Town and an expansion area for the City will enable both municipalities to
engage in more orderly land use planning and development, without wasting public
resources on divisive boundary disputes and inefficient service provision.
4.06 Assure Orderly Development of City and Town Within the Planning Area.
The Plan provides a mechanism for joint land use decision making while parcels in the
City Expansion remain in the Town. The Plan establishes the City's Comprehensive Plan
as the planning document to guide growth in the City Expansion Area. Furthermore,
the Town agrees that it will not rezone lands, in the City Expansion Area without first
obtaining the City's consent to the rezoning, which consent may not be withheld if the
rezoning is consistent with the City's adopted Comprehensive Plan that may be
amended from time to time. The Plan establishes density maximums in the Rural
Preservation Area to permit some limited residential development and
commercial/industrial development along the Highway 41 corridor. Within the
Protected Area, the Town of Nekimi will be able to undertake appropriate long range
planning with assurance that the Nekimi Protected Area will remain in the Town.
SECTION 5
DEFINITIONS
For the purposes of this Cooperative Plan, the following words and phrases are defined
as follows
1. Nekimi or Town: The Town of Nekimi, Wisconsin, a municipal corporation with
offices at 3790 Pickett Road, Oshkosh, Wisconsin 54904.
2. Voluntary Attachment: The method by which land is attached to the City as set
forth in Section 10 of this Plan.
3. Boundary Line: The boundary between the Protected Area and the City or
Expansion and Rural Preservation Area as shown on Exhibit B.
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4. Exhibits: Maps, lists, resolutions and other supporting documents that are attached
to this Plan and incorporated as part of the Plan.
S. City Expansion Area: Is a geographic area that the parties expect to be
developed for urban uses within the City during the term of this Agreement and
illustrated on Exhibit B.
6. Rural Preservation Area: Is a geographic area that the parties expect will.
remain primarily rural and agriculturally oriented during the term of this Agreement
and illustrated on Exhibit B.
7. Functional Town Island Attachment: Attachment of areas determined to be
functional town islands as set forth in Section 10 of this Plan.
8. Town Section Attachment: Attachment of remaining unincorporated Town
areas within individual Town Sections (as identified on Exhibit E) that contain 70%
or more of incorporated City of Oshkosh territory and as set forth in Section 10 of
this Plan.
9. Town Section: Individual geographic sections of the Town in one mile squares as
illustrated on Exhibit E.
10. Oshkosh or City: The City of Oshkosh, Wisconsin, a municipal corporation with
offices at 215 Church Avenue, Oshkosh, Wisconsin 54903-1130.
11. Plan Territory: All parcels of land within the Town of Nekimi as of the date of this
Plan.
12. Nekimi Protected Area: A geographic area shown on Exhibit B that the City
agrees not to annex or attach territory during the term of this Agreement.
13. Functional Town Island: For purposes of this Agreement, a functional town
island occurs when either man-made or natural barriers, employed in conjunction
with City corporate boundaries, isolate a portion of the Town. In determining
whether an area is sufficiently isolated so as to constitute a functional town
island, the parties shall consider: (i) the extent to which lakes, rivers and political
boundaries isolate the area from the balance of the Town, (ii) the extent to which
natural borders and political boundaries of the City isolate the area from the
balance of the Town, or (iii) the extent to which, for all practical purposes, the
area is cut off from the remainder of the Town.
14. Voluntary Attachment: An attachment of land within the City Expansion Area
pursuant to unanimous request of all owners prior to Final or Intermediate
Attachment.
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15. Highway 41 Corridor Overlay District. Parcels abutting the U.S. Highway 41
right-of-way and/or the U.S. Highway 41 frontage roads, but excluding any portion
of abutting parcels lying more than one thousand three hundred twenty (1,320)
feet beyond the most westerly and easterly right-of-way line of U.S. Highway 41
and/or the U.S Highway 41 frontage roads. The frontage roads include Black Oak
School Road and Plainview Road. The district is identified on Exhibit F.
SECTION 6
TERM
The term of this Cooperative Plan shall commence upon the date of its approval by the
Wisconsin Department of Administration and shall terminate at 11:59 p.m. on
, 2051. The basis for the 40 year term is that such time.
period is deemed by the City and Town to be necessary to protect existing Town land
owners from m annexation against their will and for the City to fully assimilate the
territory in the Expansion Area in an orderly and cost effective manner.
SECTION 7
EXPANSION AREA, PROTECTED AREA, AND RURAL PRESERVATION AREA
The area of the Town subject to boundary adjustments over the term of this
Cooperative Plan includes the City Expansion Area and the Rural Preservation Area.
The area of the Town protected from boundary adjustments, Protected Area, are shown
on Exhibit B.
7.01 City Expansion Area. The parties acknowledge that the territory within the City
Expansion Area is likely to be developed with comprehensive urban services, including,
but not. limited to, sanitary sewers and water in conformance with the City's
Comprehensive Plan. The following additional provisions shall apply in the City
Expansion Area (CEA):
(a) Lands may be attached to the City only upon the unanimous consent of the owners
of the lands, exclusive of any right-of-way that may be attached. Such
attachments need not be contiguous to the City and may create Town or City
islands. Such attachments shall include the entire width of highway rights -of -way
abutting the lands attached. The Town shall not oppose, nor support opposition to,
attachment consistent with the terms of this Agreement.
(b) When requests are made for approval of any certified survey map (CSM), or
initiation of development activities that will result in the creation of any non rural,
non-agricultural use, where the CSM, plat, or development activity does not include
an annexation or attachment to the City, the following standards shall apply:
`J
(i) An attachment agreement is executed with the City, which requires the
property owner and successor owners to annex and/or attach the affected
parcel(s) when the parcel(s) become contiguous with the City. The
annexation and/or attachment agreement shall also provide provisions for
necessary easements, which the City determines, may be required for the
future extension of utilities to the relevant parcel(s) and development area.
(ii) The property owner and/or developer prepares and submits to the City a
Master Development Plan for the Town Section within which the certified
survey map, plat, or development activity is proposed, and a finding is made
by the City that the CSM, plat, or development activity is consistent with the
City's adopted Comprehensive Plan, or can be made consistent with the
addition of appropriate conditions, including conditions relative to the
installation of public improvements. The City may waive the Master
Development Plan requirement based on the size and scope of the proposal.
(iii) The CSM, plat, and development activity must be served by a publicly
dedicated road built in accordance with the City's Subdivision Regulations,
unless said requirement is waived and/or modified by the City.
The maximum lot size of residential parcels shall not exceed two (2) acres,
and they must be designed in such a manner that future land divisions may
be possible relative to creating additional residential building sites(s), unless
said requirement is waived and/or modified by the City.
(c) The Town will not rezone land located in the CEA without first obtaining the City's
consent to the rezoning, which consent may not be withheld if the proposed
rezoning is consistent with the terms of the Intergovernmental Agreement and the
provisions of the City's adopted Comprehensive Plan.
(d) The Town will not interfere with or object to the City applications to extend its
sewer service area consistent with the Intergovernmental Agreement.
7.02 Nekimi Protected Area. The parties acknowledge that the territory in the
Nekimi Protected Area (NPA) will be developed and will remain in the Town during the
term of this Agreement. The following additional provisions shall apply to the NPA:
(a) The City will not attach any land from the NPA without the Town's prior written
consent. A written request for consent will be submitted to the Town upon receipt
of an attachment petition. The Town will respond in writing to such request within
45 days. Failure to respond within said 45 days shall be deemed a denial of the
request. The Town reserves all legislative prerogatives in deciding whether it
wishes to allow the attachment and, to that extent, all rights are reserved.
(b) The Town reserves the right to permit unsewered development on lands within the
NPA, provided the development is consistent with the Town's Comprehensive Plan.
To the extent that he City has jurisdiction to review or approve any land division
within the NPA, the City shall provide timely approval of said land division without
conditioning its consent on the execution of an attachment agreement.
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(c) In consideration of for the rights and privileges granted to the City by the Town
under this Agreement, the City agrees that it shall not adopt or exercise
extraterritorial zoning, official mapping, and plat approval jurisdiction applicable to
the NPA.
7.03 Rural Preservation Area. The parties acknowledge that the majority of land
within the Rural Preservation Area (RPA) is not likely to be developed to urban densities
within the term of this Agreement. Nevertheless, the parties agree to the following
provisions applicable to the RPA:
(a) Lands may be attached to the City only upon the unanimous consent of the owners
of the lands, exclusive of any right-of-way that may be attached. Such
attachments need not be contiguous to the City and may create Town islands.
Such attachments shall include the entire width of highway rights -of -way abutting
the lands attached. The Town shall not oppose, nor support opposition to,
attachments consistent with the terms of this Agreement.
(b) The parties acknowledge and agree that any area that, on the effective date of this
Agreement or during the term of this Agreement, becomes a Functional Town
Island shall be attached per the provisions of 10.02 of this Agreement.
(c) The Town shall consent to the construction of City utilities in Town rights -of -way
and easements as necessary to serve annexed lands subject to the City's
obligations (i) to maintain access to Town territory, and (ii) to restore the right-of-
way or easement in accordance with commonly accepted practices.
(d) When a new road is proposed by the City to be built on land located in the RPA, the
parties will discuss the•exact location of the road in order to avoid jurisdictional
confusion over the provision of governmental services. The City must obtain the
Town's prior written consent for new roads to be built on land located in the RPA,
but such consent shall not be unreasonably withheld. The City must obtain the
Town's prior written consent before the Town is financially obligated to pay for any
portion of the construction or reconstruction of a road project initiated by the City,
with such consent at the Town's legislative discretion.
(e) The Town will not interfere with or object to City applications to extend its sewer
service area consistent with this Agreement.
(f) When requests are made for approval of any CSM, plat, or the initiation of
development activities that will result in the creation of any non -rural, non-
agricultural use, where the CSM, plat, or development activity does not include an
annexation or attachment to the City, the following standards shall apply:
(i) A maximum of twenty-eight (28) non -rural, non-agricultural residential
dwellings are permitted within each Town Section, provided, however, that
not fewer than ten (10) additional non -rural, non-agricultural residential
dwellings will be permitted in each Town Section regardless of the number
of non -rural, non-agricultural residential dwellings in existence on the date of
this Agreement.
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(ii) The CSM, plat, and development activity must be served by a publicly
dedicated road built in accordance with the design (but not construction)
standards of Section 30-73 of the City of Oshkosh Municipal Code, as
amended from time to time, unless said requirement is waived and/or
modified by the City.
(iii) The minimum lot size of residential parcels shall be five (5) acres, and they
must be designed in such a manner that future land divisions may be
possible relative to creating additional residential building sites(s), unless
said requirement is waived and/or modified by the City.
(g) Commercial and light industrial development may be permitted within the Highway
41 Corridor Overlay District subject to the following provisions:
(i) The property owner(s) execute an attachment agreement with the City
requiring the property owner or successor owners to attach to the City within
sixty (60) months of the date when the parcel(s) becomes contiguous to the
City. The attachment agreement shall provide provisions, necessary
easements, which the City determines, may be required for the future
extension of utilities to the relevant parcel(s) and development area.
(ii) Design Standards. New development shall be required to comply with the
Highway 41 Overlay District design standards as found in the City of
Oshkosh Zoning Ordinance as amended from time to time.
(iii) Commercial and industrial development may be permitted outside the
Highway 41 Corridor Overlay District subject to review and approval of
development proposals by the City, a finding that any such proposed
development is and/or will be deemed compatible with the City's and the
Town's Comprehensive Plans, and an attachment agreement is executed
with the City that requires the property owner and successor owners to
attach the affected parcel(s) within sixty (60) months of the date when the
parcel(s) become contiguous with the City. The attachment agreement shall
provide provisions, necessary easements, which the City determines, may be
required for the future extension of utilities to the relevant parcel(s) and
development area.
(iv) Prior to securing a building permit for non-residential development, property
owners/developers shall be required to obtain approval of project plans from
the City .of Oshkosh Department of Community Development to ensure
compliance with the provisions of this section.
SECTION 8
LONG-TERM BOUNDARY BETWEEN CITY AND TOWN
The limits of the City bordering the Town as. protected through the creation of a "Town
Protected Area" and expanded through the creation of a "City Expansion Area" shall
constitute the long-term boundary between the City and Town. The Town boundaries
will result in a compact community bounded on the east and north by the City. The
boundary agreement will allow for the eventual elimination of Town peninsulas and
islands and other irregularities with the municipal border that may create service
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delivery confusion or inefficiencies. The plan area is and will remain in the Oshkosh
Area School District. Terrain and other physical features are virtually uniform
throughout the planning area. The expansion of the City into the Town will allow for
the orderly development of the City that should lessen urban sprawl and create
compactness over time. The staged expansion will also allow for appropriate planning of
infrastructure and other service needs into these areas.
The City may attach areas within the Expansion Area and Rural Preservation Area as
provided in this Plan, but will not attach or annex during the term of this Plan, any part
of the Protected Area except with written approval of the Town Board.
The City and Town have independently determined that the long-term boundary
established by this Cooperative Plan best promotes the mutual public health, safety,
order, convenience, prosperity and general welfare, aswell as efficiency and economy
of development within both the City and the Town.
SECTION 9
ATTACHMENT OF TERRITORY IN EXPANSION AREA OF TOWN TO CITY
9.O1 Voluntary Attachment. Following approval of this Plan by the State •of
Wisconsin Department of Administration, property owner(s) within the Expansion Area
and the Rural Preservation Area will have the right to unanimously request attachment
of their land(s) to the City at any time. Procedures to attach land on a voluntary basis
are found in Section 10.01 of this Plan.
SECTION 1O
PROCEDURE - ATTACHMENT OF TOWN LAND TO CITY IN EXPANSION AREA
1O.O1 Procedure for Voluntary Attachment The procedure for Voluntary
Attachment of territory in the Expansion Area to the City shall be as follows:
(a) Upon written petition for attachment of land filed with the City Clerk on City
forms signed by all of the owners of all the land, exclusive of Town roads
abutting such land, the City may, with ten (10) days advance, written notice to
Town Clerk, without further review and approval of the Town, and without
mandatory review and recommendation by the City Plan Commission or any
other sub -unit of the City, adopt an attachment ordinance by a majority of the
elected members of its Common Council attaching the land. The attachment
ordinance may designate a temporary or permanent zoning classification for
each parcel as prescribed in Wis. Stat. § 66.0217 (8).
(b) Following adoption of the attachment ordinance, the City Clerk shall immediately
file, record and send copies of the same, in accordance with Wis. Stat. §§
66.0217(9)(a) and 66.0307(10). Failure to file, record or send shall not
11
invalidate the attachment and the duty to file, record or send shall be a
continuing one. The information filed with the Secretary of State shall be utilized
in making adjustments •to entitlements under the federal revenue sharing
program and to distribution of funds under Wis. Stat. Chapter 79, and to any
successor or other federal or state entitlement or revenue -sharing program.
(c) No land shall be attached to the City as a Voluntary Attachment without the
.consent of all of the owners. Petition signatures or other indices of consent shall
not be required of residents, occupants or users of property who are not owners
of the property.
(d) Territory may be attached to the City, under this Cooperative Plan, irrespective
of the size, or shape of the territory. Such attachments may create Town
islands. The City, however, may reject any petition to attach territory that is not
contiguous, configured or located in such a manner as will enable the City to
provide adequate and timely service. The City is authorized to confer with
landowners interested in attachment to recommend the size, shape and
contiguity of territory to be covered by a petition.
(e) The Town shall not oppose any attachments permitted by this Agreement or
provide support, financial or otherwise, to those who do.
(f) Any territory within the City Expansion Area not attached to the City as a
Voluntary Attachment shall be attached to the City as a Functional Town Island
attachment or a Town Section attachment in accordance with the time frames
and procedures governing such attachments set forth below.
10.02 Procedure for Functional Town Island Attachment. The procedure for
attachment of geographic areas determined to be a Functional Town Island may be
attached by attachment ordinance adopted by a majority vote of the City of Oshkosh
Common Council as follows:
(a) Determination. City of Oshkosh Department of Community Development staff
will make the initial determination as to whether an area has become a
Functional Town Island per standards identified in Section 5 of this Plan.
(b) Public Hearing. Upon determination that an area has become a Functional
Town Island, staff will schedule a public hearing before the City of Oshkosh
Common Council to adopt a resolution declaring said area to be a Functional
Town Island. At least 30 days prior to said hearing the City of Oshkosh shall
send a meeting notice to all property owners of record within the subject area as
identified in the City's Geographic Information System (GIS). At least 30 days
prior to the hearing, the City shall also send a meeting notice to the Town Clerk.
(c) Council Resolution. After scheduling a public hearing Council may adopt a
resolution declaring said area to be a Functional Town Island.
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(d) Attachment Ordinance. At anytime following adoption of a resolution
declaring on area to be a Functional Town Island the Council may adopt an
attachment ordinance attaching said property to the City. The effective date of
said attachment ordinance shall be at least sixty (60) months from the date of
ordinance adoption. Attachment ordinances may designate temporary or
permanent zoning classifications for each parcel of land as prescribed in Wis.
Stat. § 62.23(7)(d). The City Clerk shall file, record, or send intermediate
attachment ordinances in the same manner as described under paragraph
10.01(b) above.
(e) Connection to City's Sewer System. Following attachment, properties shall
be required to connect to the City's municipal sewer system within one (1) year,
except that connection to the City municipal sewer system may be delayed for a
period not to exceed sixty (60) months if the property owner provides a current
evaluation of the existing private sanitary system as performed by a Licensed
Plumber or Certified Soil Tester.
(f) Attachment ordinances of areas declared to be Functional Town Islands shall not
require the consent of owners, residents or electors.
10.03 Procedure for Town Section Attachment. Town Sections may be attached
by attachment ordinance adopted by a majority vote of the City of Oshkosh Common
Council as follows:
(a) Determination. City of Oshkosh Department of Community Development staff
will make an initial determination as to whether a Town Section area has
achieved 70% or more City incorporation. Town Sections are identified on
Exhibit E of this Plan.
(b) Public Hearing. Upon determination that an area has achieved 70% or more
City incorporation, staff will schedule a public hearing before the City of Oshkosh
Common Council to adopt a Town Section attachment ordinance attaching the
remaining unincorporated lands to the City. At least 30 days prior to said
hearing the City of Oshkosh shall send a meeting notice to all property owners of
record within the subject area as identified in the City's Geographic Information
System (GIS). At least 30 days prior to the hearing, the City shall also send a
meeting notice to the Town Clerk.
(c) Attachment Ordinance. The Common Council shall be required to adopt a
Town Section attachment ordinance. At anytime following adoption of a
resolution declaring that a town section has achieved 70% incorporation, the
Council may adopt a Town Section attachment ordinance attaching said property
to the City. The effective date of said attachment ordinance shall be sixty (60)
months from the date of Ordinance adoption. Attachment ordinances may
designate temporary or permanent zoning classifications for each parcel of land
as prescribed in Wis. Stat. § 62.23(7)(d). The City Clerk shall file, record, or send
Intermediate attachment ordinances in the same manner as described under
paragraph 10.01(b) above.
13
(d) The time frame for attachment of Town Sections 2 and 4 shall be extended to at.
least ten (10) years from the time after which 70% incorporation has been
achieved.
(e) Connection to City's Sewer System. Following attachment, properties shall
be required to connect to the City's municipal sewer system within one (1) year,
except that connection to the City municipal sewer system may be delayed for a
period not to exceed sixty (60) months if the property owner provides a current
evaluation of the existing private sanitary system as performed by a Licensed
Plumber or Certified Soil Tester.
(f) No Consent. Attachment Ordinances taking place under this Section shall not
require the consent of owners, residents or electors.
10.04 Attachments Shall Include Public Right -of -Way.
All attachments shall include the full width of abutting Town roads, except those roads
the centerline of which is part of the Boundary Line. The City may also include in such
attachments any Town road rights -of -way that abut lands previously annexed to the
City before the effective date of this Cooperative Plan, even though such inclusions will
create Town islands.
10.05 Effective Date of Attachment. Town territory in the City Expansion Area
included in an attachment will be attached to the City effective at 12:01 a.m., on the
next Sunday after adoption of the attachment ordinance except as provided in Sections
10.02, 10.03 and 11.02(c).
10.06 Immediate Attachment of Right -of -Way. Effective January 1 following
approval of this Plan by the State of Wisconsin Department of Administration, the
boundary between the City and the Town is adjusted by this Plan to attach to the City
the road rights -of -way identified on Exhibit K. At that time, the City Clerk shall provide
notice of the attachment as provided in Section 10.01(b) above. The parties will
execute the documents necessary, as may be required by the State, to provide for the
transfer of jurisdiction.
SECTION 11
LOCAL ORDINANCES
11.01 Attached Territory. Town territory attached to the City from time to time
under this Cooperative Plan shall become City territory subject to all City zoning and
general ordinances on the effective date of attachment.
11.02 Town Territory in Expansion Area Not Yet Attached. Town territory
located within the City Expansion Area and subject to attachment, but not attached,
shall be subject to the following rules:
14
(a) The Town consents to the construction of City utilities in Town rights -of -way and
easements as necessary to serve City territoy subject to the City's obligations (i)
to maintain access to Town territory, (ii) not to interfere with Town utilities, and
(iii) to restore the right-of-way or easement in accordance with commonly
accepted practices.
(b) When a new road is proposed by the City in the City Expansion Area, the parties
will discuss the exact location of the road in order to avoid jurisdictional
confusion over the provision of governmental services. The City must obtain the
Town's prior written consent for new roads to be built on land located in the City
Expansion Area, but such consent shall not be unreasonably withheld. The City
must obtain the Town's prior written consent before the Town is financially
obligated to pay for any portion of the construction or reconstruction of a road
project initiated by the City, with such consent at the Town's legislative
discretion.
SECTION 12
CURRENT LAND USE AND PHYSICAL DEVELOPMENT OF THE TERRITORY The
Town is generally located on the south side of Oshkosh. This section of the Plan
describes existing land uses within the Town, the socio-economic characteristics of the
population, and other aspects of the physical development of the area.
12.01 Existing Land Use and Physical Development Summary. Of the
18,471.31 acres in the Town of Nekimi, approximately 19.04%, or 3,516.45 acres is
developed (see Table 1). Approximately 71.96% of the town's total land area, or
13,291.69 acres, is in agricultural/undeveloped use, while the remaining 8.52% of the
town's total land area, or 1,574.45 acres, is vacant and undevelopable (open water
areas, woodlands, and land within 75 feet of navigable streams)
The Town Protected Area covers approximately 6,496.61 acres. Of that total, 13.25%
is developed. The Expansion Areas covers approximately 7,204.87 acres, of which
31.53% is developed. The Rural Preservation Area covers approximately 4,769.83
acres, of which 8.04% is developed.
Table 1 provides a comprehensive breakdown of land uses in the Protected, Expansion,
and Rural Preservation Areas of the Town of Nekimi, and what uses would remain in
these areas by this Plan. Based on the statistics in Table 1, nearly one third (31.53%)
of the land in the Expansion Area has been developed, as compared to about 13% less
than a fifth (19.2%) of the Town Protected Area. Less than 10% of the Rural
Preservation Area has been developed. The predominant land use pattern for all areas
is agricultural/undeveloped.
15
Table 1
Existing Land Use (As of February, 2008)
Protected
Area
Expansion
Area
Rural
Preservation
Entire Town
Category
Parcels
477
Acres
6,496.61
Area
100.00
Parcels
587
Acres
7,204.87
Area
100.00
Parcels
343
Acres
4,769.83
Area
100.00
Parcels
1,405
Acres
18,471.31
Area
100.00
Total
Churches/
Cemeteries
5
160
2
2
5.86
337.56
1.50
45.50
0.09
5.20
0.02
0.70
0
187
14
3
0
447.75
57.51
101.02
0
6.21
0.80
1.40
2
82
1
2
4.67
147.43
1.00
1.98
0.10
3.09
0.02
0.04
7
429
17
7
10.54
932.74
60.01
148.50
0.06
5.05
0.32
0.80
Residential
Commercial
Industrial
Non -Metallic
Mining
11
380.72
5.86
15
334.80
4.65
0
0
0
26
715.53
3.87
Utility/
Public Facility
6
24.09
0.37
47
758.39
10.53
0
0
0
53
782.48
4.24
Recreation/
Conservation
0
0
0
0
0
0
2
65.86
1.38
2
65.86
0.36
Undeveloped/
Agricultural
241
5,597.62
86.16
221
4,890.40
67.88
201
4,368.88
91.59
663.
14,856.90
80.43
Vacant Single
Family
6
4.62
0.07
2
1.69-
0.02
7
2.94
0.06
15
9.24
0.05
Transportation
(Including
ROW)
44
65.59
1.01
98
572.44
7.95
46
162.77
3.41
188
800.79
4.34
Undeveloped
area Wetlands
N/A
437.46
6.73
N/A
111.13
1.54
N/A
62.92
1.32
N/A
611.51
3.31
Open Water/
Pools/Lakes
N/A
41.33
0.64
N/A
34.01
0.47
N/A
8.31
0.17
N/A
83.67
0.45
Undeveloped W/
75' navigable
stream
N/A
274.97
4.23
N/A
267.69
3.72
N/A
336.34
7.05
N/A
879.27
4.76
Developed*
230
860.82 -
13.25
364
2,271.91
31.53
135
383.71
8.04
729
3,516.45
19.04
Undeveloped
Developable**
247
4,848.48
74.63
223
4,479.26
62.17
208
3,964.25
83.11
678
13,291.69
71.96
Undeveloped
UndevelopableA
N/A
753.76
11.60
N/A
412.83
5.73
N/A
407.57
8.54
N/A
1,574.45
8.52
*Include Cnurcnes, uevelopea Kesiaenuai, Lommerciai, mousmai, runuiy, uuuiyiruuuu rdunucs, rteueduuiy ndioPuiwuun
**Includes Agricultural and Vacant Single Family
AIncludes Open Water, Wetlands & 75' Buffer from Navigable Streams
12.02 Socio-Economic Characteristics of the Town. Table 2 provides a review of
the demographic characteristics of the Town of Nekimi and City of Oshkosh based on
the 2000 Decennial Census. 5,702 people reside in the Town of Nekimi. The minority
population within the Town is 119 people, which is 2.1% of the total population. The
minority population in the City of Oshkosh includes 4,577 residents, which accounts for
7.3% of the total population.
It
Table 2
Cnrin-rrnnnmir rharartarictirs
Category
City of Oshkosh
Town of Nekimi
Population
62,916
1,419
Race
White
58,339 (92.7%)
1,391 98%)
Other
4,577 (7.3%)
28(2%)
Median Household Income
$37,636
$50,547
Total Occupied Housing Units
24,082
526
Owner -Occupied
13,851
455
Renter -Occupied
10,231
71
total Housing Units
25,420
540
Source: U.S. Census 2000
The Town's median household income in 1999 (provided by the 2000 Census) was
$50,547, compared to the median household income in the City of Oshkosh of $37,636.
According to the 2000 Census, rental housing in Town of Nekimi accounted for 71 units
(13%) of the 526 occupied dwelling units in the Town. In contrast, rental housing in
Oshkosh constitutes 10,231 units (42.5%) of the total 24,082 housing units in the City.
The Town's higher median income and much lower number of rental housing reflects its
predominantly single family residential character.
Table 3 provides a further breakdown of population statistics for the City of Oshkosh
and Town of Nekimi. The Town of Nekimi experienced significant population growth in
the period between 1970-1980, a small decline between 1980-2000, with increases
projected into the future. Meanwhile, the City of Oshkosh experienced a 6.5% decrease
in its population between 1970 and 1980, but rebounded after 1980 to show double-
digit growth in the past twenty years.
INA
Table 3
Pnnulatinn Chanae. 1970-2000
Year
Town of Nekimi
% Change
City of Oshkosh
% Chane
1970
1,193
53,082
1980
1,516
27.07%
49,620
-6.52%
1990
1,475
-2.70%
55,006
10.85%
2000
1,419
-3.80%
62,916
14.38%
2010
1,500
5.71%
67,757
7.69%
2020
1,594
6.27%
69,991
3.30%
Source: U.S. Census: 1970-2000 & 2010 & 2020 projections from ECWRPC
12.03 Land Values. There are 1,405 individual parcels of land in the Town of Nekimi.
The Protected Area encompasses 477 parcels of which 241 are undeveloped, while the
Expansion Area includes 587 parcels of which 221 are undeveloped. The Rural
Preservation Area contains 343 individual parcels of land of which 201 are undeveloped.
The assessed value of land in the Protected Area of the Town is $38,635,600, while the
assessed value of land in the Expansion Area is $59,465,600. The assessed value of
land in the Rural Preservation Area is $24,572,600.
12.04 Existing Development Plans. The Town and City have both completed
Comprehensive Plans under the State of Wisconsin's "Smart Growth" legislation that
provide guidance on the use and development of properties covered by the Plan.
Existing adopted plans and future comprehensive plans of the Town and City shall
govern development in the plan area. The following sections provide a summary of the
plans currently in place for the area covered by this Plan.
12.05 Town of Nekimi Plans.
(a) The land use plans, prepared by the Town in the last eight years, which guide
land use decision -making and physical improvement projects within the Town, are as
follows:
1. The Town of Nekimi Smart Growth Comprehensive Plan dated October,
2003, was prepared for the Town by Omnni Associates. The Plan was developed under
the requirements of Wisconsin's Smart Growth Law (WI 1999 Act 9). The Plan
addresses the nine required elements of a comprehensive plan and includes a series of
specific implementation goals and objectives with milestone dates.
2. The Town of Nekimi contains 39 registered historic structures (according
to the Wisconsin Historical Society historic places inventory).
12.06 City of Oshkosh Plans. The City has prepared a number of plans that cover
the Plan territory. These plans include the following:
IC'
(a) Urban Growth Plan — Recommendations for Peripheral Area Land Use and
Development, adopted by the City in 1990. The Plan includes growth projections and it
included an identification of priority growth areas and recommended land uses.
(b) City of Oshkosh Comprehensive Plan, adopted by the City in 2005. The Plan was
developed under the requirements of Wisconsin's Smart Growth Law (WI 1999 Act 9).
The Plan addresses the nine required elements of a comprehensive plan and includes a
series of specific implementation goals and objectives with milestone dates
(c) Pedestrian and Bicycle Circulation Plan, adopted by the City in 1998. The Plan
includes a variety of recommendations aimed at improving and implementing pedestrian
circulation and trail development within the community as well as in peripheral growth
areas, including areas within the Town of Nekimi.
(d) Southwest Industrial Park Expansion Area Site Master Plan prepared for the City
in 2001 by Foth & Van Dyke. The Plan provides a general strategy and guide for the
City to follow in its expansion of the Southwest Industrial Park, including into areas
within the Town of Nekimi.
(e) Southwest Area Sanitary Sewer Study prepared for the City by Earth Tech, Inc.
in 2002. The plan provides technical data and planning recommendations to allow for
the orderly expansion of sanitary sewer facilities to areas south and west of the City
that includes lands within the expansion and buffer areas.
12.07 Coordination of Future Planning. This Plan will facilitate efforts to achieve
a coordinated, adjusted, and harmonious development of the territory covered by the
plan, and promote consistency of future land use as the two communities develop their
own comprehensive plans. Any future land use plans or amendments to existing plans
made by either community will need to be consistent with this Cooperative Plan.
SECTION 13
RELATIONSHIP OF THE COOPERATIVE PLAN TO NONPARTICIPATING
ENTITIES
Exhibit D shows the political entities within Winnebago County and their relationship to
the territory included in the Plan. There are six municipalities shown on the map. The
territory included in the Plan is adjacent to the City of Oshkosh and the Towns of Utica,
Algoma, Black Wolf, and Omro. The area is covered by the Oshkosh Area School
District.
Wisconsin Statute § 66.0307 requires that any boundary maintained or changed under
the Plan must be reasonably compatible with the characteristics of the surrounding
community. In preparing the Plan, Oshkosh and the Town have taken into
consideration the location of services that must be provided to areas subject to the
19
Plan, including the transportation infrastructure, the fiscal capacity of the communities
to provide the services .needed, the existing and ultimate political boundaries, the
current boundaries of the school district, and shopping and social customs. For the
purposes of this section, the "surrounding community" includes a 5 -mile radius outside
of the boundaries of the area included in the agreement.
Growth in the City of Oshkosh is constricted on its east by Lake Winnebago and on the
northwest due to a boundary agreement with the Town of Algoma. The City's primary
growth corridor has been to the west. However, there are several City residential
subdivisions in the City's southern areas and adjacent to the Town of Nekimi and areas
covered by the Plan. This plan will provide for a structured approach that will enable
the City to absorb areas within the Town on a continuing north to south basis.
The provision of services by the City and Town are made more difficult by confusing
boundaries in many areas. Implementation of the Plan should improve the ability of the
City and Town to serve residents in the area covered by the Plan.
It is anticipated that over the Plan period residential development will occur to a
substantial extent in both the Protected Area and the Expansion Area. It should also be
recognized that without a plan, residential development would still occur in the subject
areas. However, with the Plan in place it will be possible to provide for a more
organized and coordinated pattern of development, where basic urban services will be
provided in a more efficient and cost effective manner. Given the presumption that
significant residential development would occur in the subject areas with or without a
Plan in place, it would not appear implementation of the Plan would result in significant
changes in the provision of school services from that which would otherwise occur.
SECTION 14
SERVICES.
14.01 Water. The City of Oshkosh has a central water supply system. The City's
Water Utility, which receives staff support from the Department of Public Works,
includes the community's new state-of-the-art water filtration plant between Merritt
Avenue and Washington Avenue on the shore of Lake Winnebago. The Utility maintains
a distribution system with over 300 miles of water main, which includes approximately
7,000 valves, approximately 2,410 fire hydrants, approximately 20,000 water services,
and over 22,500 water meters of various sizes.
As annexations or attachments occur and as areas within the Town come into the City
under the various attachment expansion time frames, the City will plan for and
undertake the extension of water service to the Expansion Areas.
20
14.02 Sanitary Sewer. The Town of Nekimi does not have any sanitary sewer
districts nor has any plans to establish its own wastewater collection and treatment
system in the future. The vast majority of parcels are served by individual on -site
wastewater systems as will new development occurring in the Protected Area.
Those portions of the Town in the Expansion and/or Rural Preservation Area will be
served (as annexation or attachment occurs) with City of Oshkosh sanitary sewer, water
and storm sewer system.
The City's Sewer Utility, which receives staff support from the Department of Public
Works, includes the Wastewater Treatment Plant on Campbell Road and over 267 miles
of sanitary sewer lines. The Wastewater Treatment Plant, which completed a $20
million upgrade in 1998, is designed to treat a daily flow of 20 million gallons per day
(MGD). In 2001 the plant received an average of 11.1 MGD, while servicing a
population of approximately 73,000. About 8% of the flow to the plant comes from
industrial sources.
The City's Sewer Utility has 32.33 full time equivalent employees.
As annexations or attachments occur and as areas within the Town come into the City,
the City will plan for and undertake the extension of sanitary sewer service to these
expansion areas.
14.03 Stormwater. The Town of Nekimi primarily utilizes ditches for the conveyance
of storm water. New development within the Town is subject to provisions of the
Winnebago County Zoning Ordinance.
The City of Oshkosh has a Storm Water Utility for the purpose of managing and
maintaining its storm water facilities. The City has over 227 miles of storm sewer and
various other streams, creeks, ditches, drainageways and detention ponds. The City's
Storm Water Utility has 7 full time equivalent employees.
The City has had a Storm Water Management and Retention Ordinance in place for a
number of years, and through its enforcement the City has been able to minimize
problems associated with storm water runoff and control.
14.04 Streets. By eliminating uncertainty about future jurisdiction over, and
responsibility for, roads in the Town, this Plan is expected to promote better
maintenance of roads and cooperation between the City and the Town over road
improvements.
14.05 Police, Fire, and Emergency Services. Police services within the Town are
provided by the Winnebago County Sheriff's Department.
21
The City is currently protected by a full time fire department responding from 6 fire
stations. Total staff for the department is 108. The City operates 4 front line engine
companies, 2 quints (combination engine and ladder company), 1 heavy rescue, a
grass/brush fire unit, 1 command car, and 7 paramedic ambulances (3 front line, 4
cross staffed with engine companies). The Fire Department also staffs 3 airport fire
apparatus at its Wittman Regional Airport station, and 2 hazardous materials units.
Reserve equipment includes 2 engines, 2 ambulances, and a variety of support vehicles.
The Town of Nekimi Volunteer Fire Department was established in 1939 to serve the
Town. This department provides on -call volunteer based fire and first responders
service to residents in need. The Town participates in a countywide mutual aid
agreement and also has a mutual aid agreement with the City of Oshkosh. -These
agreements allow the town to call on additional service from neighboring communities,
including the City of Oshkosh, should the need arise.
The fire station is located on the same property as the Town Hall. The department has
36 trained volunteer firefighters. Since 1997, the Town has also had first responder
volunteers. Currently, the Town has 9 trained first responder volunteers. These
individuals are prepared to provide initial medical assistance with appropriate
equipment until an ambulance can reach the scene.
The fire department provides 911 based emergency service. The response time within
the Town of Nekimi varies depending on the location of the call and the. time of day.
Typical response times average between 2-3 minutes.
The fire department operates 2 engines 2 tankers, 1 pumper, and one small
grass/brush fire unit.
The City of Oshkosh Fire Department responds to emergency service calls in the Town
of Nekimi.
14.06 Fiscal Capacity. Town property valuation generates the second lowest per
capita tax base of all municipalities in Winnebago County and the fourth lowest overall
tax rate. The City has a diversified tax base and the attachment of lands in the
expansion area will strengthen that base.
SECTION 15 -
ENVIRONMENTAL EVALUATION OF THE COOPERATIVE PLAN
The City and Town have evaluated the potential environmental consequences of the
Cooperative Plan, including air and water pollution impacts, energy use and the
protection of environmentally sensitive lands. The Cooperative Plan identifies areas
which will become part of the City and be developed within the City consistent with, the
City's growth and development ordinances. The Plan also identifies an area which will
22
City's growth and development ordinances. The Plan also identifies an area which will
remain within the Town and which will eventually be developed by the Town, consistent
with Town and County ordinances and development standards. The parties have found
no significant adverse environmental consequences of the Plan to the natural
environment including air and water pollution, energy use, environmentally sensitive
lands, and development outside compact urban areas that contribute to urban sprawl.
In the negotiation and preparation of this Plan, the parties considered alternatives. No
practical alternatives were discovered that would avoid or reduce adverse
environmental consequences. In particular, policies to discourage development are not
feasible as growth pressures in the southern area of Oshkosh commit this area to
urbanization due to the eastward growth restriction of Lake Winnebago and convenient
access to US 41 from the southern growth area.
15.01 Air Quality Impacts. The existing adopted plans covering the area do not
recommend a significant change in the type of development which currently exists
within the Town.
15.02 Water Quality Impacts. The plans and regulations of the City and Town
recognize and are consistent with the areawide water quality plans adopted by the East
Central Wisconsin Regional Planning Commission. Few water quality impacts are
anticipated related to the Plan. As noted in Sections 14.02 and 14.03, areas within the
City are served by the City's sanitary sewer system and both parties are governed by
storm water regulations.
15.03 Energy Use. The City and Town believe the Plan will serve to reinforce
implementation of smart growth planning principles, which should serve to create more
compact and contiguous development patterns overall. As a result, energy use impacts
associated with implementation of the Plan will be comparatively lower than energy use
impacts associated with development that could occur on a more fragmented basis
without the Plan.
15.04 Environmentally Sensitive Lands. The City, Winnebago County, and the East
Central Wisconsin Regional Planning Commission have identified environmentally
sensitive lands in the area covered by the Plan as shown on Exhibit L, and the Plan will
promote cooperation between the City and the Town to protect these resources.
Environmentally sensitive lands are identified and protected as part of the development
review and approval process that occurs in the City and Town. The environmentally
sensitive lands that are identified include wetlands, floodplain lands, navigable streams,
significant woodlands, and steep slopes (6-12%).
Pal
15.05 Compliance with Environmental Regulations. Lands covered by this Plan
are and will remain under the jurisdiction of state and federal environmental laws and
regulations as applicable. There are relatively few lands where state shoreland zoning
jurisdiction applies and legal requirements arising from shoreland designations will be
met by the Town and City as applicable.
SECTION 16
HOUSING NEEDS
16.01 Town Housing. According to the 2000 census, the Town of Nekimi contained
540 dwelling units, of which 455 were owner -occupied; 71 were rental; and 14 were
vacant. Of these approximately 37% (201 units) are located in the Protected Area,
44% (236 units) are located in the Expansion Area, and 19% (103 units) in the Rural
Preservation Area. In general, residential units in the expansion areas contain some of
the older single family housing stock in the Town of Nekimi. Due to higher median
income levels and high home ownership rates in the Town's Protected Area as
compared to the City of Oshkosh, the Town expects to have relatively few residents of
low income seeking housing opportunities.
16.02 Oshkosh Housing. The City contains a broad spectrum of housing types to
meet the various needs of its citizens. Oshkosh's adopted Comprehensive Plan includes
strategies aimed at preserving and maintaining the community's housing stock, as well
as promoting housing affordability, diverse housing opportunities, and neighborhood
viability.
SECTION 17
COMPREHENSIVE/MASTER PLANNING
The territory subject to this Plan is covered by adopted plans of the City and Town, as
described in Section 12 above. The existing adopted plans and future updated
Comprehensive Plans will govern new development, infill development, and
redevelopment within the City and Town.
The Plan will allow the City and Town to move forward with confidence over the Plan
period in planning for the delivery of municipal services to the affected territory. The
Plan identifies prospective cooperation in the area with regard to zoning, and it provides
a foundation for further cooperation between the City and TownS in other areas of
mutual public interest.
This Plan is consistent and compatible with existing local, County, State and Federal
plans, ordinances, codes and statutes. The Plan was developed in recognition of the
multiple jurisdictions with an interest in the planning area.
24
AND COOPERATIVE PLAN ADOPTION RESOLUTIONS
18.01 Initial Authorizing Resolutions. Both the City of Oshkosh and Town of
Nekimi adopted resolutions authorizing the initial support of a boundary agreement,
with copies located in Appendix G & H.
18.02 Record of Public Participation and Comment.
Public participation for this effort has included numerous public discussions at Town
Board meetings that resulted in a joint public meeting between the City and Town on
August 17, 2011. A record of this hearing is included in Exhibit I.
18.03 Resolution Indicating Adoption and Authorizing Transmittal of the
Cooperative Plan to the State. On January 10, 2012 the City of Oshkosh adopted a
resolution to adopt the Cooperative Plan and on December 19, 2011, the Town of
Nekimi adopted a resolution to adopt the same Cooperative Boundary Plan.
SECTION 19
BINDING EFFECT OF COOPERATIVE PLAN
This Cooperative Plan shall bind, and accrue to the benefit of, all successors of the City
and Town, whether one or more, including future City Councils and Town Boards. For
example, if a part of the Town should be incorporated, both the incorporated and
unincorporated entities would be considered to be bound by the terms of the Plan.
Except as to the rights of persons or entities as expressly set forth herein, this
Cooperative Plan is for the exclusive benefit of the Town and the City and their
successors and assigns and shall not be deemed to give any legal or equitable right,
remedy or claim to any other person or entity.
SECTION 20
ADMINISTRATION OF THIS COOPERATIVE PLAN
This Cooperative Plan shall be administered on behalf of the Town by Glen Barthels,
Town Board Chairperson, a successor to this position, or a designee approved by the
Town Board, and on behalf of the City by Oshkosh, by Allen Davis, Director of
Community Development, a successor to this position, or a designee approved by the
Common Council. Notification of the appointment of a designee must be given in
writing to the other party to this Cooperative Plan.
25
SECTION 21
DISPUTE RESOLUTION
In the event of a breach of this Plan or a dispute between the Parties involving the
application, interpretation or enforcement of this Plan:
a. The Parties shall meet to seek a resolution within 10 days following written notice by
one Party to the other Party of the breach or dispute.
b. If the issue is not resolved at such meeting or at an extension thereof mutually
agreed to by the Parties, either Party may demand mediation. The Parties shall submit
to mediation if demanded by either Party.
(1) If the Parties cannot agree on a mediator within five (5) days after the demand
for mediation, either Party may request appointment of a qualified mediator by the
State of Wisconsin Department of Administration —Intergovernmental
Relations/Municipal Boundary Review Director.
(2) The mediation session must take place within thirty (30) days of the
appointment of the mediator.
(3) Each Party must designate a representative with appropriate authority to be its
representative in the mediation of the dispute.
(4) Each Party must provide the mediator with a brief memorandum setting forth its
position with regard to the issues that need to be resolved at least 10 days prior to
the scheduled mediation session. The Parties must also produce all information
reasonably required for the mediator to understand the issues presented. The
mediator may require any Party to supplement such information.
(5) The mediator does not have authority to impose a settlement upon the Parties,
but will attempt to help the Parties resolve their dispute. The mediation sessions
shall be private. The Parties and their representatives may attend the mediation
sessions.
(6) The cost of the mediator shall be borne equally by the Parties.
(7) The Parties shall maintain the confidentiality of the mediation and may not rely
on, or introduce as evidence in any arbitral, judicial, or other proceeding (i) views
expressed or suggestions made by the other Party with respect to a possible
settlement of the dispute; (ii) admissions made by the other Party in the course of
the mediation proceedings; (iii) proposals made or views expressed by the mediator;
or (iv) the fact that the other Party had or had not indicated willingness to accept a
proposal for settlement made by the mediator.
26
C. In the event the issue is not resolved as a result of the meeting or mediation as
provided in paragraphs a and b, the matter shall be submitted to binding arbitration
upon written demand by either Party to the other with notice to the State of Wisconsin
Department of Administration —Intergovernmental Relations/Municipal Boundary Review
Director of such demand. The arbitration shall be performed by a person designated by
the Director in accordance with such rules and procedures such person may specify,
subject to the terms of this Plan. In the event the Director does not appoint an
arbitrator within 30 days of the Director's receipt of a written request to do so, then:
(1) The arbitration must be conducted in accordance with the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") in effect at the
time of the arbitration ("Rules"), except as such Rules may be modified by this Plan.
(2) A Party desiring to submit a dispute to arbitration hereunder must file a Demand
for Arbitration ("Demand") with the AAA at its office in Chicago, Illinois. A copy of
such Demand must be sent to the other Party at the same time. The arbitration
proceeding must be conducted by a panel of three (3) arbitrators selected from a list
of qualified arbitrators supplied by the AAA. The arbitrators must be selected as
follows: Within 10 days after filing, each Party shall appoint one (1) arbitrator
Within 10 days after they are chosen, the two arbitrators shall choose a third
arbitrator who acts as chairperson of the arbitration proceedings. If the two
arbitrators are unable to agree upon a third arbitrator within 10 days, then the third
arbitrator shall be appointed by the AAA. The arbitrators in the arbitration
proceeding must be individuals with the necessary expertise and competency to
pass on the matters presented for arbitration, but said arbitrators may have no
interest in or prior connection with any Party.
d. Following the appointment of the arbitrators, each Party has the right to mail to any
other Party (with a copy to the arbitrators) a written request for the production of
certain identified documents or of all documents in possession of the other Party
relevant to any claims or counterclaims in the arbitration. Within 10 days of receipt of
any such request, the receiving Party must respond to such request but may object to
all or part of said request (with a copy to the arbitrators), on the ground that it is
unduly burdensome, that the documents requested are irrelevant or privileged, or that
such documents are equally available to the requesting Party. The arbitrators will rule
on the validity of any such objection and the Parties must produce documents in
accordance with the ruling.
e. The site of the arbitration shall be in Winnebago County, Wisconsin, unless otherwise
agreed to by the Parties. The Parties must diligently and expeditiously proceed with
arbitration. Upon the conclusion of any hearing, the Parties shall have 30 days to
submit written briefs in support of their respective positions. The arbitrators must make
an award within 45 days after the filing of such briefs, subject to any reasonable delay
due to unforeseen circumstances.
27
f. Except to the extent the Parties' remedies may be limited by the terms of this Plan,
the arbitrators are empowered to award any remedy available under the laws of the
State of Wisconsin including, but not limited to, monetary damages and specific
performance. The arbitrators have no authority to award punitive or other damages not
measured by the prevailing Party's actual damages and may not, in any event, make
any ruling, finding, or award that does not conform to the terms and conditions of this
Plan. The award of the arbitrators must be in writing with a statement of reasons for
such award and signed by the arbitrators. A written decision of a majority of the
arbitrators is binding upon the Parties. An award rendered by the arbitrators in an
individual or consolidated arbitration may be entered in any court having jurisdiction
thereof.
g. The arbitrators' authority is limited solely to resolving disputes under this Plan.
h. The pendency of any arbitration hereunder does not relieve either Party of any of its
obligations under this Plan.
i. The Parties shall share equally the fees and expenses of the arbitrators as well as all
fees imposed by the AAA including, but not limited to, transcripts, hearing room rentals
and administrative costs. Each Party to the arbitration proceeding is responsible for its
own costs and legal fees, if any, except that the arbitrators are empowered to award
such costs and fees against a Party who prosecutes or defends an arbitration hereunder
in bad faith or as otherwise provided in section 11.b.
j. The provisions of this section shall be the exclusive method of resolving the issues
specified in the introduction to this section and both Parties waive their rights under
Wis. Stat. §893.80, and their rights to seek remedies in court as to such issues except
that the prohibition on court actions shall not apply to
(1) Actions to enforce an arbitration award under this section;
(2) Actions for injunctive relief necessary to protect the public health, safety or
welfare during the dispute resolution process;
(3) Disputes involving a necessary third party who refuses to consent to arbitration
as provided above; or
(4) Disputes involving a necessary third party when the Municipal Boundary Review
Director fails to appoint an arbitrator.
k. In the event any of the entities designated to perform mediation or arbitration
services under this section ceases to exist or for some other reason cannot or does not
perform said services, the Parties shall use their best efforts to agree on a substitute to
perform the services.
SECTION 22
NO CHALLENGES TO THIS COOPERATIVE PLAN
a. The Parties waive all rights to challenge the validity or enforceability of this Plan or
any of its provisions or to challenge any actions taken pursuant to or in accordance with
this Plan.
b. In the event of a court action by a third party challenging the validity or
enforceability of the Plan or any of its provisions, the Parties shall fully cooperate to
vigorously defend the Plan.
(1) If only one Party is named as a party to the action the other Party shall seek to
intervene and the named Party shall support such intervention.
(2) No settlement of such an action shall be permitted without the approval of the
governing bodies of the Parties.
(3) The workload to defend the Plan shall be shared equally.
c. A challenge to the Plan by one of the Parties or a failure to vigorously defend the
Plan constitutes a breach of the Plan.
SECTION 23
REMEDIES
In the event of a breach of this Plan:
(a) Except as limited by section 21 above, either Party may seek declaratory judgment
or specific performance of this Plan by court action in addition to any other remedies
available at law or in equity. No Party shall challenge the standing of the other in such
an action.
(b) The breaching Party shall pay the other Party's attorneys' fees reasonably incurred
in seeking remedies for the breach provided that the breaching party has been given
notice and a reasonable opportunity to cure the breach prior to commencement of any
proceedings for a remedy. Following the dispute resolution procedure outlined in
section 21 constitutes sufficient notice and reasonable opportunity to cure under this
paragraph
29
SECTION 24
AMENDMENT
24.01 The procedure for amendment of this Cooperative Plan is found in Wis. Stats.
§66.0307(8).
24.02 In the event a change in state or federal law substantially affects this Plan,
either party may request that modifications be made to the Plan to maintain, as closely
as possible, the original terms, intent and balance of benefits and burdens of this
Cooperative Plan. In the event they are not able to reach agreement in such situation,
either the City or Town may require submission of such dispute to arbitration under
Section 21.
SECTION 25
GOOD FAITH AND FAIR DEALING
The City and the Town hereby acknowledge that this Cooperative Plan imposes upon
each of them a duty of good faith and fair dealing in its implementation.
SECTION 26.
INVALID OR INEFFECTIVE ORDINANCE
In the event that any Ordinance, including but not limited to Attachment and Zoning
Ordinances, which parties are required or entitled to enact and/or enforce by this
Cooperative Plan is adjudged by any court of competent jurisdiction to be invalid or
ineffective, in whole or in part, the City and Town shall promptly meet to discuss how
they might satisfy the intent of this Cooperative Plan by alternative means, including,
without limitation, enacting another ordinance designed to satisfy the court's objections.
The Town and City shall use their best efforts to find, design and implement a means of
successfully accomplishing the intent of this Cooperative Plan. If necessary, they shall
negotiate appropriate amendments of this Cooperative Plan to maintain, as closely as
possible, the original terms, intent and balance of benefits and burdens of this
Cooperative Plan. In the event they are not able to reach agreement in such situation,
either the City or Town may require submission of such dispute to arbitration under
Section 21.
SECTION 27
IMPLEMENTATION
The Town and the City shall each take such actions as may be necessary or desirable to
implement and effectuate the provisions and intent of this Cooperative Plan.
30
SECTION 28
MISCELLANEOUS INTERPRETATION
28.01 References. Any references in this Cooperative Plan to any particular agency,
organization or officials shall be interpreted as applying to any successor agency,
organization or official or to any other agency, organization or official to which
contemplated functions are transferred by statute or ordinance. Any references in this
Cooperative Plan to any particular statute or ordinance shall be interpreted as applying
to such statute or ordinance as recreated or amended from time to time.
28.02 Section Titles. Section and subsection titles in this Cooperative Plan are
provided for convenience only and shall not be used in interpreting this Cooperative
Plan.
28.03 Governing Law. This Cooperative Plan shall be governed by, construed,
interpreted and enforced in accordance with the laws of the State of Wisconsin.
28.04 Interpretation. If any term, section or other portion of this Cooperative Plan
is reviewed by an administrative agency, court, mediator, arbitrator or other judicial or
quasi-judicial entity, such entity shall treat this. Plan as having been jointly drafted by
both the City and the Town. By the terms of this Plan, neither Party shall benefit from
not having drafted this document.
28.05 Entire Agreement. The entire agreement of the City and the Town is
contained in this Cooperative Plan and the Intergovernmental Agreement and these two
documents supersede any and all oral representations and negotiations between the
municipalities. This Cooperative Plan and the Intergovernmental Agreement are
intended to complement and supplement each other. However, if there is an
irreconcilable difference between the provisions of this Cooperative Plan and the
provisions of the Intergovernmental Agreement, the provisions of the
Intergovernmental Agreement shall apply.
SECTION 29
NOTICES
All notices required by or relating to this Cooperative Plan shall be in writing. Each
notice shall specifically refer to this Cooperative Plan by name and shall refer specifically
to the number of the section(s), subsection(s), paragraph(s) or subparagraph(s) to
which the notice relates. Any such notice shall be delivered in person to the Clerk of
the municipality receiving the notice or to the person apparently in charge of the Clerk's
office during normal business hours, or shall be mailed to such Clerk by certified mail,
return receipt requested at the Clerk's office. Each notice shall be effective upon
delivery in person, or mailing, or upon actual receipt without regard to the method of
transmission, whichever occurs first.
31
IN WITNESS WHEREOF, the City and Town certify that this Cooperative Plan has
been duly approved by their respective governing bodies in accordance with State and
local laws, rules and regulations, and each has caused their duly authorized officers to
execute this Cooperative Plan on the dates written before their respective signatures.
CITY OF OSHKOSH, a Wisconsin Municipal Corporation
Date: _7/ , 2012
By: i I /I? ' , City Manager
Date: ,2012
By: ity Clerk
TOWN OF NEKIMI, a Wisconsin Municipality
Date:, -'/aw 9 , 2012
By: Town Chairperson
Date: 9 , 2012
By: �i._,,�IC/i1��io , Town Clerk
32
Exhibit A
City/Town Boundary Map
33
STATE �� RD '91 - ice r L1- - _ /- CfJI
/ I _
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rc I 4
if �
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/7 /
BLACK WOLF AVE.__ --�. -
COTTONWOOD AVE. n -
LONE ELM 1 I- AVE._--_.
Fond du Lac County
---- I City of Oshkosh Town of Omro EXHIBIT A
Town of Nekimi Town of Algoma
Town of Black Wolf Fond du Lac County City - Town
Town of Utica Boundary Map
N
wy pE 4.000 600° City of Oshkosh / Town of Nekimi
Feet
s 1 inch=4,000 feet Boundary Agreement
Sources: City of Oshkosh GIS, Winnebago County WINGS Project August, 2011
Exhibit B
Protected/ Expansion/ Rural Preservation Zones
34
STATE' P__... RD �_..� 91 _._ .I L, �( li _..�.a_..i.q-�. r.�J f E;'.'.
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Time Frame
City Expansion Area
itFIS( AVE
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ervation
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Fond du Lac County
L__ I City of Oshkosh Town of Black Wolf EXHIBIT B
Rural Preservation Area J Town of Utica
Town of Nekimi Protected Area Town of Omro Town Protected, City Expansion
Undetermined City Expansion Area Town of Algoma & Rural Preservation Areas
N Fond du Lac County
W E 0 1.0002,000 4,000 6,000 City of Oshkosh / Town of Nekimi
Feet
linch=4,000 feet Boundary Agreement
Sources: City of Oshkosh GIS, Winnebago County WINGS Project August, 2011
EXHIBIT C
TOWN OF NEKIMI LAND USE PLAN
35
Exhibit C
LAND USE PLAN
TOWN OF NEKIMI MI
1 M ;. tl-INII
�nNi�`O�^n iMi [N4. R11' olx
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.a Vlv.Yaxa.x.s.s.mnex a v etCwweN.r
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EXHIBIT D
MAP SHOWING RELATIONSHIP OF THE
COOPERATIVE PLAN TO NONPARTICIPATING PARTIES
36
EXHIBIT E
TOWN OF NEKIMI SECTIONS MAP
37
1
m
Ca
STATE
RO.-^ 91
Section 6,
Section 5,
Sectioff 4,
117N, R16E
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T17N, 1 16F-
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Section 7,
Section 8,
Section 9j
T17N, R16E
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T17N, R16f'
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Section 18,
Section 17,
Section 16,
I'1/N, 1416E
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T17N, R16E 117N, R16E
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T17N, R16E
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T17N, R16E
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WOOD AVE.
Section 29,
T17N, R16E
T
Section 32,
TI7N, R16E
Section 3, Sect/on 2,
117N, RICE' T17W, R16E
in 10, H Section 11,
R16E T17N, R16E
CO RD II N
G
Section 15, Section 14,
T17N, R16E T17N, R16E -
li AVE
Section 21, Section 22, Section 23,
T17N, RICE T17N, RICE I"17N, RICE
WOLF
it
Section 28, =I� Section 27 II Section
tioRICE
T17N, R16E T17N, R16E S1
CO. _IL. aD.
Section 33, Section 34,
T17N, R16E T17N, R16E
z
Section 35,
TI7N, R16E
! VE. —_- _
Fond du Lac County
�_.._.I City of Oshkosh = Town of Black Wolf r X H I B I gyp- E
Rural Preservation Area Town of Utica C I
Town of Nekimi Protected Area O Town of Omro Town of Nekimi
Undetermined City Expansion Area Town of Algoma Sections
N Fond du Lee County
RIPPLE 41
wq pE City of Oshkosh / Town of Nekimi
�$ 11nch=4,000 feet Boundary Agreement
Sources: City of Oshkosh 015, Winnebago County WINGS Praecl August, 2011
EXHIBIT F
U.S. HIGHWAY 41 CORRIDOR OVERLAY DISTRICT MAP
38
tjtTr L/_
-1_ Ili
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RIP LE � :--
J-1{{ c��
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.
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— e
I I SZP O
_ J
CO RD. FF - LONE AVE
Fond du Lac County
City of Oshkosh Town of Black Wolf EXHIBIT F
Rural Preservation Area Town of tltica
Town of Nekimi Protected Area Town of Omro U.S. Highway 41
Undetermined City Expansion Area Town ofAlgoma Corridor Overlay
N Fond our Lac County
0_1W E
°°D2,DDD 4000 °°° City of Oshkosh / Town of Nekimi
Feet
I 1 inch=4,000 feet Boundary Agreement
Sources: City of Oshkosh GIS, Winnebago County WINGS Project August, 2011
EXHIBIT G
Town of Nekimi Resolution
Authorizing Support of Boundary Agreement
39
EXHIBIT G
• TOWN OF NEKIMI
WINNEBAGO COUNTY, WISCONSIN
Town Board Resolution Approving Intergovernmental Agreement
With the City of Oshkosh and Initiating Cooperative Plan Hearing Process
WHEREAS, the Town of Nekimi ("Town") and the City of Oshkosh ("City") previously
approved an intergovernmental agreement that provides for the orderly growth and development
within agreed -upon municipal boundaries ("Agreement"); and
WHEREAS, the Town and the City wish to amend the Agreement with regard to the
provisions affecting the proposed west side arterial ("West Side Arterial"); and
WHEREAS, the parties wish to initiate the Cooperative Plan process set forth in Wis.
Stat. § 66.0307;
RESOLVED, that the Town Board does hereby approve the revised Agreement,
attached, which in Section 3.2 contains new language regarding the West Side Arterial; and
FURTHER RESOLVED, that the Town Board does hereby approve the draft of the
Cooperative Plan, attached; and
FURTHER RESOLVED, that the Town Board does hereby declare its intention to
participate in the preparation of a cooperative plan pursuant to the procedures set forth in Wis.
Stat. § 66.0307 and, upon completion, to hold a joint public hearing on the proposed cooperative
plan as required by law; and
FURTHER RESOLVED, that after the public hearing described above the Town Board
shall duly consider the comments of the public and, if appropriate, revise the cooperative plan,
and then present the final cooperative. plan for action; and
FURTHER RESOLVED, that the Town Clerk and the Town Attorney are authorized
and directed to take all further action required by law to accomplish the intended purposes of
these resolutions.
Adopted this >(r1 day of May, 2011.
TOWN OF NEKIMI
By:
Town Chairperson
Attest:
TOWN OF NEIUMI
WINNEBAGO COUNTY, WISCONSIN
Resolution Adopting Final Cooperative Plan
WHEREAS, the Town previously adopted a Resolution under Wis. Stat.,
§ 66.0.307(4)(a) authorizing its participation in the preparation of a cooperative plan with the City
of Oshkosh; and
WHEREAS, on August 17, 2011, the Town of Nekimi and the City of Oshkosh held a
joint hearing on the proposed version of the cooperative plan- That hearing was preceded by a
Class III notice; and
WHEREAS, the Town has allowed 20 days after the joint hearing for any person to
comment on the proposed plan in accordance with Wis. Stat, § 66.0.307(4)(c); and
WHEREAS, under Wis. Stat,, § 66.0.307(4)(d), the Town may, after the public hearing
described above, adopt a final version of the cooperative plan; and
WHEREAS, Wis, Stat., § 66,0307(4) requires the Town to wait 30 days after adoption of
the final cooperative plan before submitting it to the Department of Administration to allow
qualified electors an opportunity to request an advisory referendum in accordance with Wis..
Stat., § 66.0307(4)(e); and
WHEREAS, it is the Town's intention to adopt the version of the cooperative plan
presented at the August 17, 2011 public hearing as the final version of the plan under Wis. Stat.,,
§ 66.0307(4)(d) and to allow 30 days from the date of this Resolution for qualified electors to
have an opportunity to request an advisory referendum.
NOW, THEREFORE, RESOLVED that the cooperative plan, in the form presented at
the August 17, 2011 public hearing, is adopted as the final version of the cooperative plan under
Wis. Stat., § 66.0307(4)(d); and
FURTHER RESOLVED that the Town shall wait at least 30 days from the date of this
Resolution before submitting the final version of the cooperative plan to the Department of
Administration; and
FURTHER RESOLVED that the Town Clerk and the Town Attorney are authorized
and directed to take all further action required by law to accomplish the intended purposes of this
Resolution.
Adopted this / !, day of / _emGer 2011.
TOWN OF NEI{IMI
By: ,4-B o
Glen Barthels, Town Chairperson
Attest:
iaftie Barthels, Town Clerk
Page 2 of 2
Exhibit H
City of Oshkosh Resolution
Authorizing Support of Boundary Agreement
40
EXHIBIT H
MAY 24, 2011 11-220 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN_)
PURPOSE: AUTHORIZE PREPARATION OF COOPERATIV&PLAN WITH
THE TOWN OF NEKIMI
INITIATED BY: COMMUNITY DEVELOPMENT
WHERAS, the City of Oshkosh ("City") and the Town of Nekimi previously approved
an intergovernmental agreement that provides for the orderly growth and development
within agreed -upon municipal boundaries; and
WHEREAS, the parties wish to initiate the Cooperative Plan process set forth in
Wis. Stat. § 66,0307;
NOW THEREFORE BE IT RESOLVED, that the City does hereby declare its
intention to participate in the preparation of a cooperative plan pursuant to the procedures
set forth in Wis, Stat. § 66.0307 and upon completion, to hold a joint public hearing on the
proposed cooperative plan as required by law; and
BE IT FURTHER RESOLVED, that after the public hearing described above the City
shall duly consider the comments of the public and, if appropriate, revise the cooperative
plan, and then present the final cooperative plan for action; and
BE IT FURTHER RESOLVED, that the City Clerk or the Department of Community
Development are hereby directed to mail copies of this resolution within five days of the
date of this resolution to those entities identified in § 66.0307 (4) (a) of the Wisconsin
Statutes; and
BE IT FURTHER RESOLVED, that the appropriate City officials are authorized and
directed to take all further action required by law to accomplish the intended purposed of
these resolutions.
JANUARY 10, 2012 12-03 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN_)
PURPOSE: APPROVE FINAL COOPERATIVE PLAN WITH TOWN OF NEKIMI
INITIATED BY: CITY ADMINISTRATION
WHEREAS, on May 11, 2011 and May 24, 2011, the Town of Nekimi and City of
Oshkosh, respectively, adopted resolutions authorizing participation in the preparation of a
cooperative plan pursuant to Wis. Stat., Section 66.0307 and approving an intergovernmental
agreement to provide the basic foundation of the proposed cooperative plan; and
WHEREAS, the municipalities drafted the proposed Cooperative Plan between City of
Oshkosh and Town of Nekimi, and held a joint public hearing on August 17, 2011, in
accordance with Wis. Stat., Section 66.0307(4)(b), to solicit input on the Cooperative Plan; and
WHEREAS, the City and Town have allowed 20 days after the joint hearing for any
person to comment on the proposed plan in accordance with Wis. Stat., Section 66.0307(4)(c);
and
WHEREAS, all comments received have been considered by the City and Town in the
preparation of the final version of the Cooperative Plan; and
WHEREAS, prior to submitting the final Plan to the Department of Administration, Wis.
Stat. Section 66.0307(4) requires a 30 day period after adoption of the final Cooperative Plan to
allow qualified electors an opportunity to request an advisory referendum.
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh
as follows:
1) The final version of the Cooperative Plan between City of Oshkosh and Town of
Nekimi dated January 4, 2012 (on file in the Office of the City Clerk) is approved.
2) The proper City officials are authorized and directed to execute the Cooperative
Plan document and all other necessary, implementation documents, to take all
appropriate actions to obtain approval of the Cooperative Plan from the State of
Wisconsin Department of Administration, and to take such actions as are
necessary to implement the provisions of this Agreement.
STATE OF WISCONSIN
COUNTY OF WINNEBAGO ) SS
CITY OF OSHKOSH
I, ANGELA J. JOECKEL, Deputy City Clerk for the City of Oshkosh, Winnebago County,
Wisconsin, do hereby certify that the foregoing resolution (12-03) is a true and correct copy of
the original on file in my office, adopted by the Common Council of the City of Oshkosh,
Wisconsin at the meeting held on January 10, 2012.
Witness my hand and the Corporation seal of the City of Oshkosh, Wisconsin.
DATED: February 9, 2012 W V� /lam
Deputy Ity.Clerk fr)th�City of Oshkosh,
Winneb Count Wisconsin
Exhibit I
Record of Public Participation and Comment
41
NOTICE OF PUBLIC HEARING OF PROPOSED TOWN OF NEKIM1
CITY OF OSIH£OSH LAND USE COOPERATIVE PLAN
PLEASE TAKE NOTICE that on the 17th day of August, 2011 at 7:00 p.m. at the Town
Hall, 3790 Pickett Road, Oshkosh, Wisconsin, the Town Board of the Town of Nekimi and the
City Council of the City of Oshkosh will be holding ajoint hearing on a proposed Cooperative
Plan. The Cooperative Plan is pursuant to Wis. Stats. § 66.0307. Among the purposes of the
proposed Cooperative Plan is the establishment of long-term boundaries between the Town and
the City in order to reduce annexation disputes and to minimize the fragmentation of the Town
into discontinuous geographic areas and irregular peninsulas. The Town Board and the City
Council invite public comments on the proposed Cooperative Plan before taking fmal action.
Any person may comment on the Cooperative Plan during the hearing or may submit written
comments before, at or within 20 days following the hearing. Copies of the proposed
Cooperative Plan may be obtained from the following representatives:
Town
City of Oshkosh
Jerry Braasch Darryn Burtch
c/o Town Hall 215 Church Avenue
3790 PickettRoad P.O. Box 1130
Oshkosh, WI 54904 Oshkosh, WI 54903-1130
920-688-2294 920-236-5059
townofnekimi cr,ntd.net dburich(ci.oshkosh.wi.us
Dated this 15th day of July, 2011.
Published by order of Town Board and
City Council.
Oshkosh
Northwestern
0 www.thenorthwestem.com
STATE OF WISCONSIN
BROWN COUNTY
CITY OF OSHKOSH/LEGALS
PO BOX 1130
OSHKOSH. WI 54903
Holly Perrault
Being duty sworn, doth depose and say that she/he is an authorized representative of the Oshkosh Northweste
daily newspaper published in the city of Oshkosh, in Winnebago County, Wisconsin, and that an advertiseme
which the annexed is a true copy, taken from said paper, which was published therein on
Account Number: N5179
Ad Number: 6379896
Published Date: July 21, 2011
Published Date: July 28, 2011
Published Date: August 04, 2011
Total Ad Cost: $112.89
(Signed) V1tL (Date)O l `')
Legal Clerk
01
Signed and sworn bef me
otary Public, Brown County, Wisconsin
My commission expires_________________________
cm OF OSHKOSH/LEGALS
Re: public hearing
GANNETT WI MEDIA . GANNETT _ PHONE 1-
435 EAST WALNUT ST. FAX
PO BOX 23430 Wisconsin Media EMAIL legals@thenor
GREEN BAY. WI 54305-3430 Delivering customers. Driving Results.
f�
OJHKOJH
ON THE WATER
NOTICE OF OBSERVATION AND/OR PARTICIPATION
OSHKOSH COMMON COUNCIL
The OSHKOSH COMMON COUNCIL may observe and I or participate in the
TOWN OF NEKIMI BOARD MEETING at 7:00 p.m. on Wednesday, August
17, 2011 at Nekimi Town Hall, 3790 Pickett Road, for the following purpose:
OBTAIN COMMENTS & PUBLIC INPUT TO THE PROPOSED
COOPERATIVE PLAN BETWEEN THE CITY OF OSHKOSH &
TOWN OF NEKIMI
CITY OF OSHKOSH
PAMELA R. UBRIG
City Clerk
DATED: 8/15/2011
TOWN OF NEKIMI
PUBLIC HEARING FOR COOPERATIVE PLAN
AUGUST 17, 2011
The hearing was called to order by Chairman Glen Barthels, and then turned over to Darryn Bu rich from
the City of Oshkosh to present the plan.
Purpose of Hearing — To implement executed Intergovernmental Agreement.
Protection — to the Town Residents by keeping growth from happening haphazardly.
West Side Arterial —This road cannot be mapped farther than State Road 44 for the duration of the
Cooperative Plan which is 40 years„
Maps were displayed showing different areas of the Cooperative plan and what each area means..
The Cooperative Plan implements what the City and Town agree upon.
Comments from the Audience:
Jeff Kuhnz-4279 Fisk Avenue, Oshkosh, WI, Town of Nekimi — Questions in regard to the West Side
Arterial and how the Cooperative gets to the State Level.
Kevin Radloff — 2162 James Road, Oshkosh, WI, Town of Nekimi — Questioned why the West Side Arterial
was allowed to be mapped North of State Road 44, questioned the 70% annexation requirement,.
Sheree Zellner —3669 Oregon Street, Oshkosh, WI, Town of Nekimi — Questioned industrial growth and
the increase in width of Oregon Street as to who would be responsible, the City or the County.
Mike Newell —1780 Buehring Road, Oshkosh, WI, Town of Nekimi —Questioned if the Town Board felt
the Cooperative Plan is in the Best Interest of the Town of Nekimi.
Jerry Braasch — 3472 Lone Elm Road, Van Dyne, WI, Town of Nekimi —Voiced feelings of commitment
and Time that was spent putting the Cooperative Plan together.
Discussed what the Boundary Agreement and Cooperative plan mean to the Township and how it really
affects everyone. Without this Plan, the City has more say as to what happens in the Town.
Motion by Pollack, 2nd by Schweda to adjourn the Public Hearing.
Respectfully Submitted —
Julie Barthels, Clerk
Exhibit J
Intergovernmental Boundary Agreement
42
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A- Oregon Street— West half, adjacent to 3349 and 3355 Oregon Street (141')
B - Oregon Street— West half, adjacent to 3403 Oregon Street (104.5')
C - Oregon Street — West half, adjacent to 3467 and 3473 Oregon Street (209')
D - Oregon Street — West half, adjacent to 3649 and 3669 Oregon Street (332.14')
E - South Washburn Street — Starting +/- 1,320' south of Ripple Ave, south approx. 600'
F - State Road 91 — South half, Vacated Maywood Ct. west approx. 3,870' to City Limits
G - State Road 44 — South half, W. Waukau Ave. south approx. 1,025'to City Limits
H - W. Waukau Avenue — South half, State Road 44, east approx. 95'to City Limits
I 'State Road 26 — Northwesterly portion, S. Washburn St. south approx. 940' to City Limits
J - South Washburn Street — State Road 26, north approx.102'to City Limits
Fond du Lac County
---_ J City of Oshkosh Town of Black Wolf
Rural Preservation Area Town of Utica
Town of Nekimi Protected Area Town of Omro
Undetermined City Expansion Area Town of Algoma
AN Fond du Lac County
P 0 1,000 z,aoo a,oao 6,000
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EXHIBIT K
Immediate Right -of -Way
Attachments to the City of Oshkosh
City of Oshkosh / Town of Nekimi
Boundary Agreement
a 1 Inch - a,Doo tees Right -of -Way to be Attached to City
Sources: City of Oshkosh 015, Winnebago County WINGS Project
August, 2011
Exhibit L
Environmentally Sensitive Lands•
44
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e..
Approximate Floodplain
Open Water, Navigable Stream
® Woodland Areas
u Slopes >6%
Wetlands
N
W� AE 0 1,000 2000 4,000 6,000
Feet
s 1 inch = 4,000 feet
EXHIBIT L
Environmentally Sensitive Lands*
City of Oshkosh / Town of Nekimi
Cooperative Plan
'Sensitive Areas include wetlands, open water, navigable streams, tloodplains and steep slopes. Natural areas,
parks and open spares and stormwater drainage corridors are not present or depicted on the map. August, 2011
WINGS