HomeMy WebLinkAboutCooperative Plan-Town of Algoma (2003)Jh~ ~ ~ ~004
CLERK'S OFFICE
COOPERATIVE PLAN
Between
CITY OF OSHKOSH
And
TOWN OF ALGOMA
Those Involved in the Preparation of the Cooperative Plan:
City of Oshkosh Community Development Department, 3ackson Kinney
City of Oshkosh Attorney, Warren Kraft
Town of AIgoma Administrator, .leanette Diakoff
Town of Algoma Attorney, Robert Wertsch
Stafford Rosenbaum LLP Law Firm, Richard K. Nordeng &.Richard Yde
Hartenson & Eisele, Inc., Warren Utecht
Boardman, Suhr, Curry and Field, Richard Lehmann
Final Version Dated 3anuary 16, 2004
Table of Contents
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section 19:
Section 20:
Section 21:
Section 22:
Section 23:
Section 2~:
Section 25:
Section 26:
Section 27:
Section 28:
Section 29:
1: Participating Municipalities ...................................................................... 4
2: (Blank) .....................................................................................................
3: Territory Subject To The Cooperative Plan ............................................. 4
4: Issues, Problems, Opportunities ............................................................. 4
5: Definitions ............................................................................................... 7
6: Term Of The Boundary Adjustment Period .............. ~ ............................. 8
7: Expansion Area And Protected Area ....................................................... 9
8: Long-Term Boundary Between City And Town ...................................... 9
9: Attachment Of Territory In Expansion Area Of Town To City ................ 9
10: Procedure For Attachment ...................................................................... 10
11: Local Ordinances ................................................................................... 13
12: Current Land Use And Physical Development Of The Territory ............ 14
13: Relationship Of The Cooperative Plan To NOnparticipating Entities ..... 19
14: Services .................................................................................................. 20
15: Environmental Evaluation Of The Cooperative Plan ............................. 23
16: Housing Needs ....................................................................................... 24
17: Comprehensive/Master Planning ........................................................... 25
18: Authorizing Resolutions, Record Of Public Participation And
Cooperative Plan Adoption Resolutions ................................................. 25
Binding Effect Of Cooperative Plan ....................................................... 26
Administration Of This Cooperative Plan ................................................ 26
Dispute Resolution ................................................................................. 26
No Challenges To This Cooperative Plan ................................................ 29
Remedies ................................................................................................ 30
Amendment ............................................................................................ 30
Good Faith And Fair Dealing ............................... ~ .................................. 31
Invalid Or Ineffective Ordinance ............................................................ 31
Implementation ...................................................................................... 31
Miscellaneous Interpretation .................................................................. 31
Notices ......................................... ~ .......................................................... 32
Exhibits:
Exhibit A: Protected Area/Zones A,B,C,D .................................................................. 34
Exhibit B: Buffer Area ................................................................................................ 35
Exhibit C: Town of Algoma Land Use Plan .............................................................. 36
ExH[BTr D: Map Showing Relationship Of The Coop. Plan to Nonpartic. Entities ...... 37
EXHIBrr E: Permitted Uses in Expansion Area ............................................................ 38
Exhibit F: Town Of Algoma Resolu. Authorizing Support Of Boundary Agreement..40
Exhibit G: City of Oshkosh Resolu. Authorizing Support Of Boundary Agreement...
Exhibit H: Record of Public Participation and Comment at Oakwood School ........... 42
Exhibit I: Intergovernmental Boundary Agreement .................................................
Exhibit ]: Immediate Attachments ...........................................................................
2
OUTLINE OF CITY OF OSHKOSH AND TOWN OF ALGOMA
COOPERATIVE PLAN
UNDER WIS, STAT. § 66,0307
The CTrY OF OSHKOSH, a Wisconsin municipal corporation with offices at 215 Church
Avenue, Oshkosh, Wisconsin 54903-1130 and the TOWN OF ALGOMA, a Wisconsin
municipality with offices at 15 North Oakwood Road, Algoma, Wisconsin 54904 enter
into this Cooperative Plan, (''Cooperative Plan" or "Plan"), 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 March 11, 2003, 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 Intergovernmental Agreement is attached hereto as
Exhibit ].
E. The City and Town entered into the Intergovemmental 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.
F. This CooperaUve 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.
3
G. This CoOperative Plan was developed following a review of regional, county and
local plans and after a public hearing on the Plan noticed under Wis. Stat.
§ 66.0307(4)(b) on December 18, 2003, from which comments were received and said
comments are addressed in Exhibit H.
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 Algoma 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.
SECT]~ON 1
PARTIC]~PATTNG MUNTCZPAL?TIES
This Cooperative Plan applies to the City of Oshkosh and Town of Algoma, located in
Winnebago County, Wisconsin. The boundary between the City and the Town is shown
on Exhibit_A.
SECT/ON 2
[This section left intentionally blank.]
SECTZON 3
TERRZTORY SUB3ECT TO THE COOPERATt'VE PLAN
The territory subject to this Cooperative Plan is all territory in the Town as of the date
of this Plan.
SECTi'ON 4
ZSSUES, PROBLEMS, OPPORTUNTT/ES
This Cooperative Plan will address issues and problems and create opportunities as
noted in the subsections below:
4.01 Existing Character of the Territory (Town of Algoma) The Town of Algoma
has a substantial amount of land within its sanitary district where development can
happen. Exhibit C is a Land Use Plan amendment, adopted by the Town of Algoma in
2001, which illustrates a potential lot concept. This kind of detail is not normally done
4
for a land use plan. It was done to better understand how each parcel of land could
relate to adjoining parcels from the standpoint of vehicular circulation as well as
pedestrian trails, parks and a potential grade school site. The planned area identified in
Map C is in the protected area, and is also an area where a public water system will be
developed. The remainder of the protected area is primarily undeveloped farm land
and other open space.
The portions of the Town of Algoma in Zone A are mostly town islands or town
peninsulas created by annexations to the City of Oshkosh over the years. Other areas
are being included in Zone A to create a more uniform boundary between the Town and
the City. Land within Zone A contains a variety of land uses, wetland areas, or highway
right-of-way. Tn general, parcels in Zone A are similar in use to the surrounding land
uses within Oshkosh.
That portion of the Town of Algoma in Zone B is located in and around the Winnebago
County Airport, located in the City. These parcels have been created from years of
boundary changes, and all of them are town islands. The eventual attachment of these
town islands will eliminate corporate limit line confusion and will be consistent with
similar adjacent land uses.
The land in Zone C is mostly vacant farmland which, within 20 years, will be a logical
next tier of growth for the City of Oshkosh. This area, being all east of Clairville Road,
will most likely develop as residential north of 20~h Avenue, and possibly industrial south
of 20th Avenue. This pattern of land use is consistent with what has occurred
contiguous to, and directly east of the land in Zone C.
That portion of the Town of Algoma in Zone D is presently rural farmland, but in 40
years, will be needed as a long term tier of growth for the City of Oshkosh. The most
likely form of land development will be residential in nature, with some neighborhood
commercial uses primarily at the major road intersections.
4.02 Future Road Networks The Town of Algoma and City of Oshkosh have held
preliminary discussions with the State Department of Transportation regarding the
upgrade of State Trunk Highway 21 to a "backbone" roadway. This means that in the
future, Highway 21 may become a freeway that will dissect both the Town of Algoma
and City of Oshkosh, and connect to the U.S. Highway 41 freeway. This reclassification
will require both the Town and City to plan for alternative arterial street systems to
move local traffic around the Town of Algoma and west side of Oshkosh.
Another major roadway being considered is the creation of a north south arterial
located near Clairville Road. 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.
4.03 Preservation of Natural, Physical and Socio-Economic Attributes The
Town has major wetland areas. The Town has already planned for these sensitive
environmental areas to be preserved, and has shown trails to provide pedestrian access
through such areas for health, wellness, and enjoyment of Town and Ob/residents.
The Town of Algoma contains 60 registered historic structures (according to the
Wisconsin Historical Society historic places inventory) and about the same number of
archeological sites (according to the State Archeologist office), including a Native
American village. Action has been taken to preserve areas of significance, and future
planning efforts will take into account these historic and archeological sites.
The City of Oshkosh has made efforts to preserve and enhance accessibility to and
across Sawyer Creek, which angles southwest through the west side of the City as well
parts of the Town of Algoma (within Zones C and D). The City will make efforts to
leave this drainage corridor in its natural state, with connecting trails and selected
crossings to allow the public to access and enjoy this natural amenity.
Other pedestrian trail systems not previously menUoned are also being planned to
produce a series of walkways that will provide an alternative means of transportation
between neighborhoods and places of employment or retail stores.
This Plan will promote and enable cooperation bet~veen the City and the Town to
coordinate their plans for pedestrian trails.
4.04 3oint Planning The City of Oshkosh is in the process of updating .its
comprehensive plan. The Town of Algoma has retained a consultant to begin its
comprehensive planning process. With the Plan in place, greater emphasis can be
applied to working jointly to resolve any potenUal land use conflicts or issues, and to
promote efficient delivery of services to both the City and Town.
The City and Town share the same Sewer Service Area, and the Town of Algoma
Sanitary District #1 collects and transports its waste water to the Oshkosh treatment
plant. The relationship of the Sanitary District and City of Oshkosh is expected to
continue into the foreseeable future.
Those portions of the Town in the Expansion Area will be served (as attachment occurs)
with sanitary sewer, water and underground storm sewer system. The Protected Area
will be served by the Algoma Sanitary District #1 for sewer, and the new Algoma water
utility will serve most of the developed and future growth areas of the Town, using
deep wells as their water source (constructed at the end of 2003).
6
4.05 Establish Long-Term Boundaries Between City and Town, Eliminate
Annexation Disputes. [n previous years, a number of annexation disputes occurred
between the City of Oshkosh and the Town of Algoma. These disputes have absorbed
City and Town fiscal resources.
Current Wisconsin annexaUon statutes and many decades of annexations have resulted
in the Town being fragmented into several discontinuous geographic areas and irregular
peninsulas. The boundaries of the Town and the City are not well defined by built or
natural features, which has resulted in service inefficiendes 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 final boundary between the City and the Town and the interim planning provisions
within the Plan will enable both municipalities to engage in more orderly land use
planning and development, without wasting public resources on divisive boundary
disputes.
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
Expansion Area remain in the Town. The Plan establishes extraterritorial zoning to
manage land use and development in the Expansion Area. Within the Protected Area,
the Town of Algoma will be able to undertake appropriate long range planning with
assurance that the 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. Algoma or Town: The Town of Algoma, Wisconsin, a municipal corporation with
offices at 15 North Oakwood Road, Oshkosh, Wisconsin 54904.
2. 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 Area as shown on Exhibits A and B.
4. Buffer Area: Land within the buffer area is shown on Exhibit B and referenced in
section 10.04.
7
5. District or Sanitary District: Town of Algoma Sanitary District
6, Exhibits: Maps, lists, resolutions and other supporting documents that are attached
to this Plan and incorporated as part of the Plan.
7. Expansion Area: Geographic areas of the Town shown on Exhibit B, divided into
four zones (A, B, C and D as shown on Exhibit A) which, over time, will be attached to
the City of Oshkosh.
8. Final Attachment: Attachment of remaining Town territory in the Expansion Area
(Zone D as shown on Exhibit A) alter the Intermediate Attachments.
9. Intermediate Attachment: Attachment of designated geographic zones (A, B
and C as shown on Exhibit A) within the Expansion Area prior to the Final Attachment.
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 Algoma as of the date of
this Plan.
12. Protected Area: A geographic area shown on Exhibits A and B is protected from
annexation or attachment by the City during the term of this Plan.
:[3. Town Island: A Town Tsland means territory in the Town completely surrounded
by the City of Oshkosh.
14. Voluntary Attachment: An attachment of land within the Expansion Area
pursuant to unanimous request of all owners prior to Final or Tntermediate Attachment.
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 February
28, 2063, The basis for the 60 year term is that such time period is deemed by the City
and Town to be necessary to protect existing Town land owners from annexation
against their will and for the City to fully assimilate the territory in the Expansion Area
in an orderly and cost effective manner.
8
SECTZON 7
EXPANSTON AREA AND PROTECTED AREA
The area of the Town subject to boundary adjustments over the term of this
Cooperative Plan and reserved for City growth (''Expansion Area'~ and the area of the
Town protected from boundary adjustments (''Protected Area'~ are shown on Exhibits A
and B.
SECTZON 8
LONG-TERM BOUNDARY BETWEEN CTTY AND TOWN
The limits of the City bordering the Town as expanded through the final attachment of
the 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 south by the City,. The boundary agreement will allow for the elimination of Town
peninsulas and islands and other irregularities with the municipal border that may
create service delivery confusion or inefficiencies. The vast majority of 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 staged 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 Ume. The staged expansion will also allow
for appropriate planning of infrastructure and other service needs to these areas,
The City may attach areas within the Expansion Area as provided in this Plan, but will
not attach or annex during the term of this Plan, and hereby waives its right to attach
or annex, any part of the Protected Area of the Town, except with the approval of four-
filths of the entire 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, as well as efficiency and economy
of development within both the City and the Town.
SECTION 9
AI'I'ACHMENT OF TERR/TORY TN EXPANSTON AREA OF TOWN TO CITY
9.01 Voluntary Attachment. Following approval of this Plan by the State of
Wisconsin Department of AdministraUon, property owner(s) within the Expansion 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.
9
9.02 Intermediate and Final Attachments. Intermediate and Final AEachments of
Town territory in the Expansion Area shall occur as provided in sections 10.02 and
10.03 below.
SECTLON 10
PROCEDURE - ATTACHMENT OF TOWN LAND TO CTTY ZN EXPANSZON AREA
10.01 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 ali 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
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.
10
(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 Expansion Area not attached to the City as a Voluntary
Attachment shall be attached to the City as an Intermediate or Rnal Attachment
in accordance with the time frames and procedures governing such Attachments
set forth below.
10.02 Procedure for Intermediate Attachment. Geographic zones within the
Expansion Area may be attached by an Intermediate AEachment Ordinance adopted by
a majority vote of the City of Oshkosh Common Council as follows:
(a)
Zone A. At any Ume between January 1, 2012 and October 31, 2012, the City
may adopt an Intermediate Attachment Ordinance attaching the territory in Zone
A. The attachment shall be effective as of 12:01 a.m. on March 1, 2013.
(b)
Zone B. At any time between January 1, 2017 and October 31, 2017, the City
may adopt an ]Intermediate Attachment Ordinance attaching the territory in Zone
B and, if not previously attached, the territory in Zone A. The attachment shall
be effective as of 12:01 a.m. on March 1, 2018.
(c)
Zone C. At any time between January 1, 2022 and October 31, 2022, the City
may adopt an Intermediate Attachment Ordinance attaching the territory in Zone
C and, if not previously attached, the territory in Zones A and B. The attachment
shall be effective as of 12:01 a.m. on March 1, 2023.
(d)
Intermediate 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)
Intermediate Attachment Ordinances shall include all territory within each
geographic zone as identified in Exhibit A and as scheduled to be attached per
paragraphs (a), (b) and (c) of this section.
(f)
Intermediate attachment Ordinances shall not require the consent of owners,
residents or electors.
10.03 Procedure for Final Attachment. All, but not part, of the territory within the
expansion area of the Town on March 1, 2043 may be attached to the City by a Final
Attachment Ordinance adopted by a majority vote of the City of Oshkosh Common
Council as follows:
11
(a) At any time between _lanuary 1, 2042 and October 31, 2042, the City may adopt
the Final Attachment Ordinance. The attachment shall be effective as of 12:01 a.m. on
March 1, 2043.
(b) ~[f the Town gives written notice to the City Clerk between January :1., 2042 and
3une 30, 2042, reminding the City of the City's dght to attach the remaining Town
territory under paragraph (a), then the City shall lose that right if not exercised by
October 31, 2042.
(c) If the Town fails to give such notice and the City fails to act as provided in
paragraph (a), then the City may, by June 30 of any year alter 2042, adopt a Final
Attachment Ordinance effective at 12:01 a.m. on the March 1 of the following year.
(d) The Final Attachment Ordinance may designate temporary or permanent zoning
classifications for each parcel of land as prescribed in Sec. 62.23(7)(d), Wis. Stats. The
City Clerk shall file, record, or send the Final Attachment Ordinance in the same manner
as described under paragraph 10.01(b) above.
(e) The Final Attachment Ordinance 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 Une. 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 Expansion Area included
in an attachment will be attached to the City effective at 12:01 a.m., on the next
Sunday alter adoption of the Attachment Ordinance except as provided in sections
10.02, 10.03 and ll.02(c).
10.06 Immediate Attachment. Effective .~anuary 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 3. At that time, the City Clerk shall provide notice of the
attachment as provided in section 10.01(b) above.
12
SECT~'ON 11
LOCAL ORD]*NANCES
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 Expansion Area and subject to attachment, but not attached, shall be
subject to the following rules:
(a) The Town consents to the construction of City utilities in Town rights of way and
easements as necessary to serve City territory 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) The Town will not interfere with or object to City applications to extend its sewer
service area consistent with this Agreement,
(c) The City shall provide sanitary sewer, storm sewer and water services to lands
prior to attachment on the same extension, cost and payment terms as those generally
applicable to similarly situated lands within the City, provided: (:].) such services could
be made available to such lands if they were within the City; and (2) the owners of
such lands unanimously petiUon for a delayed Voluntary Attachment to the City
effective 5 years after the service is available. Any land provided service under this
paragraph shall be subject to Oty zoning and land use regulation pending attachment.
The City may at any time adopt an ordinance under sec. 10.01 attaching such land as
of a date not earlier than five years after services are made available under this
paragraph.
11.03 Protected Area. -rhe rules applicable to the Protected Area are as follows:
(a) The City shall exercise no extraterritorial jurisdiction in the Protected Area for
zoning, land division, official mapping or otherwise.
(b) The City shall not annex or attach any lands unless such annexation or
attachment is approved by a four-fifths majority of the entire Town Board.
(c) The City and the Town shall consult with each other concerning a new north-
south arterial on or near Clairville Road.
(d) The City shall not object to nor interfere with applications by the Algoma Sanitary
Distdct (~'District'~ to expand its boundaries or extend its sewer service area.
13
11.04 Buffer Area.
la) A Buffer Area is established as shown on Exhibit B. As a means of protecting
adjoining land uses in the Town and City, the Buffer Area is established to
maintain Iow density land uses (allowed in residenUal zoning classifications).
Allowable uses within the Buffer Area shall be limited to those set forth in Exhibit
E.
(b)
Additional uses within the Buffer Area shall be permitted only if approved by the
extraterritorial zoning committee established under sec. 11.05.
11.05 Extraterritorial Zoning Committee,
la) Consistent with Sec. 62.23(7a), Wis. Stats. (1999-2000), the City and the Town shall
establish a joint extraterritorial zoning committee ("EZC'~) which shall exercise such
power and authority as contained therein within the Expansion Area.
lb) The EZC shall also have jurisdiction within the Buffer Area for purposes of sec.
ll.04(b).
SECTION 12
CURRENT LAND USE AND PHYSICAL DEVELOPMENT OF THE TERR/TORY The
Town is generally located on the west side of Oshkosh south of Lake Butte des iVlorts.
This seddon 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.O1 Existing Land Use and Physical Development Summary. Of the 6,230.24
acres in the Town of Algoma, approximately 35.8%, or 2,228.56 acres is developed
(see Table 1). Approximately 54.9% of the town's total land area, or 3,417.57 acres, is
in agricultural use, while the remaining 9.4% of the town's total land area, er 583.9
acres, is vacant and undevelopable (open water areas, woodlands, and land within 75
feet of navigable streams)
The Protected Area covers approximately 3,791.77 acres. Of that total, 46.4% is
developed. The Expansion Areas covers approximately 2,438.47 acres, of which 19.2%
is developed.
The dominant land use in the developed portion of the town is single-family residential,
with 21.3% , or 1,324.97 acres, in that use category.
Table 1 also provides a breakdown of land uses in the Protected Area and Expansion
Areas of the Town of Algoma, and what uses would remain in the Protected Area
compared to the Expansion Area. Based on the statistics in Table l, nearly half
14
(46.4%) of the land in the Protected Area has been developed, as compared to less
than a fifth (19.2%) of the Expansion Area. The Expansion Area remains mostly rural
in nature.
15
Table 1
Existing Land Use (AS OF JUNE, 2003)
PROTECTED AREA EXPANS1;ON AREA WHOLE TOWN
# # % # # % # # %
PARCELS ACRES AREA PARCELS ACRES AREA PARCELS ACRES AREA
Total 2915 3791.77 100.0% 378 2438.47 100.0% 3293 6230.24 I00.0o/6
Churches 5 28.79 0.8% 0 0.00 0.0% 5 28.79 0.5%
Residential 2036 1139.82 30.1% 157 185.15 7.6% 2193 1324.97 21.3%
Commerdal 36 66.18 1.7% 14 66.09 2.7% 50 132.27 2.1%
Industrial 6 34.40 0.9% 1 9.56 0.4% 7 43.96 0.7%
Non-Metallic Mining 5 68.29 1.8% 0 0.00 0.0°/6 5 68.29 1.1%
Utility / Public Fadlity 6 9.67 0.3% 12 35.22 1.4% 18 44.89 0.7%
Undeveloped As Ama WeUand$ 36 257,46 6.8% 9 43.70 1.8% 45 301.16 4.8%
Open Water / Pool Lakes 16 100.91 2.7% 0 0.00 0.0% 16 100.91 1.6%
RecmaUon / Conservation 5 21.45 0.6% 1 8.61 0,4% 6 30.06 0.5%
Undevelopect/Agdcultural 112 1360.94 353% 114 1805.68 74.0% 226 3166.62 50.8%
Vacant Single Family Parcels 501 250.95 6.6% 0 0.00 0.0% 501 250.95 4.0%
TrenspertaUon (Incl Row) 164 391.25 :L0.3% 65 16~.08 6.7% 229 555.33 8.9%
Undev. Within 75' Of Nav. Stream 0 61.45 1.6% 0 120.38 4.9% 0 181.83 2.9%
DEVELOPED 2263 1759.85 46.4% 250 468.71 19.2% 2513 2228.56 35.8%
(~nclodes Churches, Developed Residential, Commerdal, Industrial, Mining, Utility/Public Facilities, Recreation, Transportation)
UNDEVELOPED DEVELOPABLE I 613 ] 1611.89 1 42'5% I 114 t 1805.68 ] 74.0%, 727 ,3417.57 ) 54.9%
(Includes Agricultural & Vacant 5ingie Family)
UNDEVELOPEDUNDEVELOPABLEI 52 15 .9019.4%
(Includes 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 Algoma and City of Oshkosh based on
the 2000 Decennial Census. 5,702 people reside in the Town of Algoma. 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.
Table 2
Socio-Economic Characteristics
Category City of Oshkosh Town of Algoma
Population 62,916 5,702
Race
White 58,339 (92.7%) 5,583 (97.9%)
Other 4,577 (7.3%) 119 (2,1%)
Median Household Income (1999) $37,636 $71,792
16
rotal Occupied Housing Units 24,082 1,940
Owner-Occupied 13,851 1,865
Renter-Occupied 10r23! 75
Total Housing Units 25,420 J 1,983
Source: U.S. Census 2000
The Town's median household income in 1999 (provided by the 2000 Census) was
$71,792, compared to the median household income in the Cib/of Oshkosh of $37,636.
According to the 2000 Census, rental housing in Town of Algoma accounted for 75 units
(4%) of the 1,940 occupied dwelling units in the Town. Tn 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 Algoma. The Town of Algoma was growing steadily from 1970 to 1990,
until it took a leap between 1990 to 2000, increasing by over 63% from its 1990
population count. 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.
Table 3
Population Change, :L970-2000
Year Town ~f Algoma % Change Cib/of Oshkosh % Change
1970 3,158 . ii'~'i~;i!~i: 53,082
1980 3,249 2.88% 49,620 -6.52%
1990 3,492 6.96% 55,006 10.85%
2000 5,702 63.29% 62,916 14.38%
2010 6,945 21.80% 67,757 7.69%
2020 7,963 14.66% 69,991 3.30%
Source: U.S. Census: 1970-2000 & 2010 & 2020 projections from ECWRPC
12.03 Land Values. There are 3,293 individual parcels of land in the Town of
Algoma. The Protected Area encompasses 2,915 parcels of which 613 are undeveloped,
while the Expansion Area includes 378 parcels of which 114 are undeveloped.
The assessed value of land in the Protected Area of the Town is $280,501,800, while
the assessed value of land in the Expansion Area is $18,874,000.
17
12.04 Existing Development Plans. Oshkosh and the Town have each prepared
plans that provide guidance on the use and development of properties covered by the
Plan. The City is also in the process of updating it~ comprehensive plan under the State
of Wisconsin's comprehensive planning (Smart Growth) legislation. As part of the City's
update, the City will be seeking the Town's input and work cooperatively with the Town.
In the interim, the existing plans adopted by Oshkosh and the Town and other
governing entities (e.g. County and East Central Wisconsin Regional Planning
Commission) will remain in place. Existing adopted plans and future comprehensive
. plans of the Town and City shall govern development in the plan area. The following
section provides a summary of the plans currently in place for the area covered by this
Plan.
12.05 Town Plans.
(a) The land use plans, prepared by the Town in the last eight years, which guide
land use derision-making and physical improvement projects within the Town, are as
follows:
1. The Town of Algoma Land Use and Development Plan dated 3une, 1995,
was prepared for the Town by the East Central Wisconsin Regional Planning
Commission. The Plan includes a variety of recommendations and policies for
residential development, commercial development, parks, open space and
transportation.
2. :In 2001, the Town adopted a Land Use Plan Amendment (Exhibit C) for
areas that may experience long term residential development. This area generally
coincides with the Protected Area as set forth in this Cooperative Plan. The plan
included land use recommendations for the location of one and two family
neighborhoods, future parks and school site, proposed pedestrian trails, future cluster
housing, potential commercial development, future office parks, as well as identifying
wetland and conservation areas, streams, and ditch locations. The two major Town
facilities shown on Exhibit C are the Town Hall, located at 15 North Oakwood Road, and
the Volunteer Fire Department's fire station, located near the intersection of Omro Road
and Oakwood Circle.
(b) The Town of Algoma contains 60 registered historic structures (according to the
Wisconsin Historical Society historic places inventory) and about the same number of
archeological sites (according to the State Archeologist office), including a Native
American village. Action has been taken to preserve areas of significance, and future
planning efforts will take into account these historic and archeological sites.
12.06 City of Oshkosh Plans. The City has prepared a number of plans that cover
the Plan territory. These plans include the following:
18
(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 priodty growth areas and recommended land uses.
(b) City of Oshkosh Comprehensive Plan, adopted by the City in 1993. The Plan
provides a comprehensive growth and development strategy for the community. It
provides land use and transportation recommendations that covered antidpated growth
areas within the Town of Algoma.
(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 Algoma.
(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
Oty to follow in its expansion of the Southwest Industrial Park, including into areas
within the Town of Aigoma.
(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. The Extraterritorial Zoning Committee will work towards
implementing any future Comprehensive Plan updates made by the City and Town over
the Ume period represented by this Cooperative Plan. Any future land use plans or
amendments to existing plans made by either community will need to be consistent
with this Cooperative Plan.
SECTZON 13
RELATIONSHTP OF THE COOPERATt'VE PLAN TO NONPARTt'C'rPAT[NG
ENTZTZES
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 Omro,
Utica, Nekimi, and Black Wolf. The area includes the Town of Algoma Sanitary District,
and it is covered primarily by the Oshkosh Area School District and to a lesser extent on
its western boundary by the Omro School District.
19
Wisconsin Statute Section 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
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.
The City of Oshkosh's direction of pdmary growth has been to the west, and the
proposed Plan will provide a structured approach that will enable the City to absorb
areas within the Town on a continuing east to westerly basis, with the City eventually
incorporating the southem part of the Town of Algoma.
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.
SECTI'ON 14
SERVICES
14.01 Water. Up until 2003, the Town of Algoma has had no central water supply
system, with residences, businesses, and other uses receiving their water from
individual wells. The District is now moving ahead to develop a new water utility, which
will serve existing and future areas in the Protected Area, using deep wells as their
water source (constructed at the end of 2003).
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 Merfitt 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,
2O
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.
Tn addition, under the Cooperative Plan, the City agrees to provide water services to
lands within the identified Expansion Areas prior to annexation or attachment on the
same extension, cost and payment terms as those generally applicable to similarly
situated lands within the City, provided: a) such services could be made available to
such lands if they were within the City; and b) the owners of such lands unanimously
agree to annexation or attachment to the City effective 5 years after the service is
available. Lands under such agreements shall be attached to the City pursuant the
Boundary Agreement and Cooperative Plan and shall be subject to City zoning and land
use regulation pending the attachment.
J.4.02 Sanitary Sewer. The Town of Algorna Sanitary Sewer District provides sanitary
sewer service within the Protected Area of the Town of Algoma, per an agreement
between the Algoma Sanitary District and the City of Oshkosh. Approximately 65% of
the Protected Area is currently covered by the Town's Sanitary District.
The District will continue to own and operate the portions of the sanitary sewer system
within the Town for the term of this Plan regardless of what portion of the patrons of
the system is in the City. To the extent supplemental agreements are necessary to
implement the terms of this paragraph, the City and District will cooperate to enter into
such agreements on terms that are fair to both.
Those portions of the Town in the Expansion Area will be served (as annexation 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 260 miles
of sanitary sewer line. The Wastewater Treatment Plant, which completed a $20 million
upgrade in !998, is designed to treat a daily flow of 20 million gallons per day (MGD).
Tn 200! the plant received an average of !2.8 MGD, while servidng a population of
approximately 73,000. About 8% of the flow to the plant comes from industrial
sources.
The City's Sewer Utility has 33 full time equivalent employees.
As annexations or attachments occur and as areas within the Town come into the City
under the 10, 15, 20 and 40 year expansion time frames, the City will plan for and
undertake the extension of sanitary sewer service to these expansion areas.
2!
In addition, under the Cooperative Plan, the City agrees to provide sanitary sewer
services to lands within the Expansion Area prior to annexation or attachment on the
· same extension, cost and payment terms as those generally applicable to similarly
situated lands within the City, provided: a) such services could be made available to
such lands if they were within the City; and b) the owners of such lands unanimously
agree to delayed attachment to the City effective 5 years after the service is available.
Lands under such agreements shall be attached to the City pursuant to the Plan and
shall be subject to City zoning and land use regulation pending the attachment.
14.03 Stormwater. The Town of Algoma primarily utilizes ditches for the conveyance
of storm water. New development within the Town is subject to provisions of the
Winnebago County and Town Storm Drainage Regulations.
The City of Oshkosh recently created a Storm Water Utility for the purpose of managing
and maintaining its storm water facilities. The City has 210 miles of storm sewer and
various other streams, creeks, ditches and drainageways.
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.
l~n addition, the City and Town agree to consult with each other concerning a new
north-south arterial on or near of Clairville Road.
24.05 Police, Firef and Emergency Services. Police services within the Town are
provided by the Winnebago County Sheriff's Department.
The City of Oshkosh maintains a full time professional police department with 157
employees. Personnel include 100 officers, 26 civilian employees, 9 community service
officers, 22 crossing guards, and ! police canine. In addition, there are currently 11
active volunteers who support Department activities, as well as 35 auxiliary police
officers.
The Town of Algoma is currently protected by a volunteer fire department responding
from one fire station located near the intersection of Omro Road and Oakwood Road, in
the Protected Area. The Volunteer Fire Department has a maximum of 40 members on
their roster and currently have approximately 35 members. They operate 3 engines or
22
pumping apparatus, one of which is a newer style Pierce engine. They also have a
water tanker which carries 3,500 gallons of water, and a small grass/brush fire unit.
The City is currently protected by a full time fire department responding from 6 fire
stations. Total staff for the department is 104. The City operates 4 front line engine
companies, 2 quints (combination engine and ladder company), :L heavy rescue, a
grass/brush fire unit, I command car, and 4 paramedic ambulances (2 front line, 2
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.
Ambulance Services. Commencing on the first day of the next month starting at least
thirty (30) days after a written request from the Town to the City Manager, the City
shall provide emergency ambulance services throughout the Town on the same terms
under which the City currently provides such services to a portion of the Town.
14.06 Fiscal Capacity. Town property valuation generates the second highest per
capita tax base of all municipaliUes 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
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. ]~n particular, policies to discourage development are not
feasible as this area is committed to urbanization due to the attraction of Lake Butte
des Morts, links to the major highways, the City's easterly growth constraint at Lake
Winnebago, and its place within the rapidly growing Appleton-Oshkosh metropolitan
area.
23
15.01 Air Quality Impacts. The existing adopted plans covedng 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
antidpated 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, while the majority of development
within the Town is served by the Town of Algoma Sanitary District and both parties are
governed by storm water regulations.
15.O3 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 envirenmentally
sensitive lands in the area covered by the Plan as shown on Exhibit ], and the Plan will
promote cooperation between the City and the Town to protect these resources.
Environmentally sensitive lands are identified and pretected as part of the development
review and approval process that occurs in the City and Town. The environmentally
sensitive lands that are identified include parks and open spaces, wetlands, stormwater
drainage corridors, floodplain lands, navigable streams, natural areas, significant
woodlands, and steep slopes.
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 Algoma contained
1,983 dwelling units, of which 1,865 were owner-occupied; 75 were rental; and 43 were
vacant. Of the 1,983 dwelling units in the Town, approximately 96 %, or 1,900 units,
are located in the Protected Area, with 4% or approximately 83 units located in the
proposed Expansion Areas. In general, residential units in the expansion areas contain
some of the older single family housing stock in the Town of Algoma. 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.
SECl~ON 17
COMPREHENSiVE/MASTER PLANNING
The territory subject to this Plan is covered by adopted plans of the City and Town, as
described in Section :L2 above. The existing adopted plans and future updated
Comprehensive Plans will govem 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 of extraterritorial zoning, and it
provides a foundation for further cooperation between the City and Town 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.
SECTION 18
AUTHORTZZNG RESOLUTZONS~ RECORD OF PUBLTC PARTTCIPATTON
AND COOPERATIVE PLAN ADOPT~LON RESOLUTIONS
18.01 :Initial Authorizing Resolutions. Both the Cib/ of Oshkosh and Town of
Algoma adopted resolutions authorizing the initial support of a boundary agreement,
with copies located in Appendix F & G.
18.02 Record of Public Participation and Comment.
Public participation for this effort has included numerous public discussions and a
headng held at the Algoma Town Hall on December 18, 2003. The record of this
hearing is included in Exhibit H.
25
18.03 Resolution IndicaUng Adoption and Authorizing Transmittal of the
Cooperative Plan to the State. On ,2004, the City of
Oshkosh adopted a resolution to adopt the Cooperative Plan (Exhibit K), and on
., 2004, the Town of Algoma adopted a resolution to adopt
the same Cooperative Boundary Plan (Exhibit L).
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 moro. For example, if a part of the Town should be
incorporated, both the incorporated and unincorporated entities would be considerod to
be bound by the terms of the Plan. Except as to the rights of the District and owners of
land currontly in the Town as exprossly set forth heroin, 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, romedy or claim to any other person
or entity.
SECTION 20
ADMINISTRATION OF THIS COOPERATIVE PLAN
This Cooperative Plan shall be administerod on behalf of the Town by Ken Neubauer,
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 .~ackson Kinney, Diroctor of
Community Development, a successor to this position, or a designee approved by the
Common Coundl. Notification of the appointment of a designee must be given in
writing to the other party to this Cooperative Plan.
SECTION 21
DISPUTE RESOLUTION
:In the event of a broach 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 l0 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 theroof mutually
agreed to by the Parties, either Party may demand mediation. The Parties shall submit
to mediation if demanded by either Party.
(~.) 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
Chairperson of the Alternative Dispute Resolution Committee of the State Bar of
26
Wisconsin, or if the Chairperson fails to appoint a mediator, by the American
Arbitration Association,
(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.
c. Tn 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 Munidpal Boundary
Review Director of the Office of Land Information Services of the State of Wisconsin
Department of Administration 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.
27
(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, :~llinois. 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 l0 days alter filing, each Party shall appoint one (1) arbitrator
Within l0 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.
(3) 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.
(4) 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.
(5) 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.
28
(6) The arbitrators' authority is limited solely to resolving disputes under this Plan.
(7) The pendency of any arbitration hereunder does not relieve either Party of any
of its obligations under this Plan.
(8) 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 1:1.b.
d. Paragraphs a, b, and c 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 sec. 893.80, Stats. and their fights 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 c;
(2) Actions for injunctive relief necessary to protect We 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.
e. 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.
SECT:ION 22
NO CHALLENGES TO TH]:S COOPERATTVE 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.
29
(:~) 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 attorney 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 a and b constitutes sufficient notice and reasonable opportunity to cure
under this paragraph
SECTION 24
AMENDMENT
24.01 The procedure for amendment of this Cooperative Plan is found in Sec.
66.0307(8), Wis. Stats.
24.02 ]~n 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.
30
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 Qty 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 saUsfy 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. I¢ 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.
S£CTION 27
II~IPLEI~IENTATION
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.
SECTION 28
I~IISCELLANEOUS 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,
31
28.04 :Interpretation. Tf any term, section or other portion of this Cooperative Plan
is reviewed by an administrative agency, court, mediator, arbitrator or other judicial or
quas/-judidal 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 Qb/ and the Town is
contained in this Cooperative Plan and it supercedes any and all oral representations
and negotiations between the municipalities, and supercedes and replaces that certain
Intergovernmental Agreement of February 28, 2003. However, in the event of any
ambiguity in this Plan, the Tntergovernmental Agreement may serve as a guide to
interpretation of this Plan.
SECTION 29
NOTICES
All notices required by or relating to this Cooperative Plan shall be in wdting. 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.
32
ZN 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.
THE CITY OF OSHKOSH, a Wisconsin Municipal Corporation
Date: A<g ~ ,2004
, City Manager
APPROVED
-- CITY ATTOR~ ~
OSHKOSH, WISCONSIN /
Date: t-~ ,2004
TOWN OF ALGOMA~ a Wisconsin Municipality
Date: d~ ~1 ,2004
By'/~.~ ~,/.//~U~, Town Chairperson
Date: --J ~r~ ~.A ,2004
By: L/')6~-~,. ~COL ,TownClerk
33
-l-
X
LI.I
EXH'rBZT C- TOWN OF ALGOMA LAND USE PLAN
36
Exhibit D
Martenson & l~iSele~ Inc.
Non Participating Entities
Oshkosh/Algoma Boundary
Agreement Plan
37
EXHZBZT E
Permitted Uses (accord/nE to Oshkosh and Winnebago County Zoning
Ordinance excerpts).
Single family dwelling
Accessory structure customarily incidental to the residential principal use when located
on the same lot and not occupied by nor involving the conduct of a business or home
occupaUon.
One boathouse on lots abutting navigable water which, incidental to the residenUal
principal use when located on the same lot not occupied by nor involving the conduct of
a business or home occupation.
Home occupaUon.
Family day care center.
Group homes licensed, operated or permitted under authority of Wisconsin Department
of Health and Social Services with 8 or fewer persons.
Public park, including all accessory structures, parking lots, signage and any other park
related structures.
Agricultural.
Beekeeping.
Dairying.
Fish farms.
Floriculture.
Forestry.
Fur farms.
Grazing.
Greenhouse.
Hay.
Uvestock raising.
Orchards.
Paddocks.
Pasturage.
Plant nurseries.
Poultry raising.
Stables,
Sod farming.
Truck farming.
Viticulture.
Wild crop harvesting.
Raising of:
Cash crops.
Mint.
Grass.
Seed crops.
38
Silage.
Nuts and berries.
Vegetables.
Barns, silos, etc.
Conditional Uses.
Art center.
Cemetery.
Church.
Commercial greenhouse and nursery.
Community center.
Day care center.
Funeral home.
Governmental structures.
Group home licensed, operated, or permitted under authority of Wisconsin Department
of Health and Social Services with 9 or more persons.
Hospital.
Municipal structure.
Museum.
Nursing home.
Parking lot. ,
Public utility structures.'
Retirement community.
School, public and private (including kindergarten, elementary and high school).
Swimming club, private (non-profit).
Farm dwellings which are for those resident laborers including family of operator or
laborers, who earn any part of their livelihood from farm operations on the parcel,
provided the Town Board verifies - in writing - said use of proposed residential unit.
(Yard standards according to the applicable residential district).
39
EXHTBI'T F
Town of Algoma Resolution
Authorizing Support of Boundary Agreement
~EXHiBIT F"
RESOLUTION
RESOLUTIONAUTHORIZING INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
TOWN OF ALGOMA Ah]) 'l'ttE CITY OF OSHKOSH
AND INITIATION OF A COOPERATIVE BOUNDARy PLAN
WHEREAS the Town of Algoma and the City of Oshkosh have negotiated the
intergovernmental agreement attached hereto, regarding boundary changes and other
urban growth and service issues; and
WHEREAS the intergovernmental agreement provides for the terms of the
agreement to be. incorporated into a cooperative plan under Wis. Stat. see. 66.0307 to be
submitted to th~ Wisconsin Department of Admlni.qtrafion for approval; and
WHEREAS, the intergoverr/mental agreement is in the public interest;
NOW, THERFORE, BE IT RESOLVED, by the Town Board of the Town of
Algoma, Winnebago County, WiscOnsin as follows: -
1. The intergovernmental agreement, a copy of which is attached, is approved
and the Town Chairperson and Town Clerk are authorized to execute the
intergovernmental agreement as Well as any other documents related thereto or required
thereby in a form approved by the Town Attorney.
2. Participation in the preparation of a cooperative plan is authorized as
provided in Wig. 8tat..sec..6&0307(4)(a).
3. The Town Attorney and all necessary staff are authorized and directed to
participate in the preparation of a cooperative plan which contains all of the. applicable
provisions set forth in the intergovernmental agreement and any further provisions
deemed necessary by Town and City attorneys under Wis. Stat. sec. 66.0307.
"EXHIBIT F"
4. The Town Clerk shall provide notice of this resolution as required by Wis.
Stat. sec. 66.0307(4)(a), and shall work with the Town Attorney and City Attorney and
City Clerk to schedule and notice a joint public hearing on the proposed plan under Wis.
8tat. sec. 66.0307(4)(b).
Adopted this ~' day of ~c~
By:
,2003.
Richard J-. ~l~ail~auer, Chairperson
Attest:
Exhibit G
City of Oshkosh Resolution
Authorizing Support of Boundary Agreement
FEBRUARY 25, 2003
EXHIBIT G
03-55
RESOLUTION
(CARRIED 7-0 LOST
LAID OVER
WITHDRAWN _)
PURPOSE:
INITIATED BY:
APPROVE INTERGOVERNMENTAL AGREEMENT/
TOWN OF ALGOMA
CITY ADMINISTRATION
WHEREAS, the City of Oshkosh and the Town of Algoma share a common border
on the City's west side and the Town's east side and have had a history of concerns and
disputes regarding their border including litigation over annexations from the Town to the
City; and, ~
WHEREAS, recent devel°pments, including a citizen-initiated effort to incorporate
the Town, have led the City and Town to explore reaching an agreement to secure long-
range benefits for both Parties and their citizensl; and,
WHEREAS, the petition to incorporate thc Town is pending before the Winnebago
County Circuit Court and the State of WisconsinI Department of Administration; and,
WHEREAS, the City's long term growth and development plans envision continued
westward development in a logical and well-planned fashion; and,
WHEREAS, the Town desires to protect, indefinitely, the integrity of its territory
within certain boundaries and further desires to protect lands from being annexed against
the owners' wishes for an extended period of time; and,
WHEREAS, the City and Town both desire that a Transition Area be established so
that the eventual City-Town border is well-planned, with compatible development On both
sides; and,
WHEREAS, to attain the objectives of both the City and Town and to provide for
mutual peace and cooperation beneficial to citizens in both communities, representatives
from the City and Town have negotiated on behalf of their respective communities an
Intergovernmental Agreement designed to meet the foregoing objectives;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the Intergovernmental Agreement with the Town of Algoma, on file in the
City Clerk's Office, is hereby approved and the proper City officials are hereby authorized
to execute and deliver the agreement in substantially the same form as attached hereto,
any changes in the execution copy being deemed approved by their respective signatures,
and said City officials are authorized and directed to take those steps necessary to
implement the terms and conditions of the Agreement.
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO )SS
CITY OFOSHKOSH )
I, PENNY S, WOLF, Deputy City Clerk for the City of Oshkosh, Winnebago County,
Wisconsin, do hereby certify that the foregoing resolution is a true and correct copy of the original
on fife in my office, adopted by the Common Council of the City of Oshkosh, Wisconsin at the
meeting held on February 25, 2003.
Witness my hand and the Corporation seal of the City of Oshkosh, Wisconsin.
DATED: January 20, 2004
Deputy ~ty Clerk of hh~City of Oshkosh,
Winneb~:jo County, Wisconsin
FEBRUARY 25, 2003 03-56 RESOLUTION
(CARRIED 7-0 LOST
LAID OVER WITHDRAWN .)
PURPOSE:
INITIATED BY:
AUTHORIZE PREPARATION OF COOPERATIVE PLAN/
TOWN OF ALGOMA
CITY ADMINISTRATION
WHEREAS, the Common Council of the City of Oshkosh has approved an
Intergovernmental Agreement with the Town of Algoma; and,
WHEREAS, as part of that Agreement, the City and Town have agreed to develop
and seek approval of a cooperative plan, pursuant to Sec. 66.0307, Wisconsin Statutes,
to implement the terms and conditions contained within the Agreement;
NOW, THERFORE, BE IT RESOLVED, by the Common Council of the City of
Oshkosh that. participation in the preparation of a cooperative plan is authorized as
provided in Sec. 66.0307(4)(a), Wisconsin Statutes.
BE IT FURTHER RESOLVED that the proper city officials are authorized and
directed to participate in the preparation of a cooperative plan which contains all of the
applicable provisions set forth in the intergovernmental agreement and any further
provisions deemed necessary under Sec. 66.0307, Wisconsin Statutes.
BE IT FURTHER RESOLVED that the City Clerk shall provide notice of this
resolution as required by Sec. 66.0307(4)(a), Wisconsin Statutes, and shall, at the
appropriate time schedule and notice a joint public hearing on the proposed plan under
Sec. 66.0307(4)(b), Wisconsin Statutes.
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO )SS
CITY OFOSHKOSH )
l, PAMELA R. UBRIG, City Clerk for the City of Oshkosh, Winnebago County, Wisconsin,
do hereby certify that the foregoing resolution is a true and correct copy of the odginal on file in my
office, adopted by the Common Council of the City of Oshkosh, Wisconsin at the meeting held on
February 25, 2003.
Witness my hand and the Corporatiqp_ e~l of the Ci'~ of Oshkosh,.Wisconsin.
DATED: January 22, 2004 ~?"~
City-Clerk'0f.the Ci~ of Ost~kosh,
Winnebago County, Wisconsin
Exhibit H
Record of Public Participation and Comment
On December 18, 2003, the joint public hearing required by Wis. Stat.
§ 66.0307(4Xb) was held at the Algoma Town Hall following proper notice. Attached are
copies of the notice of the hearing, the attendance sheet from the hearing, the minutes
of the hearing, and copies of all written comments received at the hearing or received by
the City or Town Clerk, including the comments of the East Central Regional Planning
Commission required by Wis. Stat. § 66.0307(4)(c).
The East Central Regional Planning Commission has no objection to the Plan.
The objections expressed to the plan were that incorporation would be more
advantageous (Dinkel), that they did not want their property annexed (Radloff and
Olson), and that the creation of the Plan was too expensive for the Town. In addition,
Mr. Thompson suggested several modifications of the Plan.
In response to the objections and suggestions noted above:
The Town Board and City Council both determined that the Plan was preferable
to proceeding with litigation over incorporation.
The properties subject to intermediate and final attachment are likely to be
forced into the City involuntarily during the term of the Plan in any event. The
Town and the City agree that it is preferable for the transition to occur in a
planned and orderly manner that maximizes the efficient delivery of services and
minimizes costs to both parties. The Plan also gives property owners protection
from earlier involuntary annexations that might otherwise occur.
Whether or not the Plan was too expensively achieved is a subjective judgment.
Having achieved it, it is now in the best interests of the parties.
Mr. Thompson's suggestions are partially incorporated in the Plan. Section 4.04
now says only that sewer service will be provided in attached areas rather than
specifying that it will be City sewer, leaving open the possibility of service by the
Sanitary District. Section 10.06 and Exhibit 3 have been created providing for
immediate attachment of some road segments.
42
NOTICE OF JOINT PUBLIC HEARING REGARDING
TOWN OF ALGOMA AND CITY OF OSHKOSH
PROPOSED COOPERATIVE BOUNDARY PLAN
Notice is hereby given that the City of Oshkosh and Town of Algoma will hold a joint
public hearing in the Town of Algoma Town Hall, 15 N. Oakwood Road, Oshkosh,
Wisconsin, on Thursday, December 18, 2003, at 6:00 p.m., regarding the proposed
Cooperative Boundary Plan ("Plan") between the Town of Algoma and the City of
Oshkosh. The Plan and related maps and exhibits will be available for inspection before
the hearing beginning at 5:30 p.m.
At the heating, all interested persons will be given an opportunity to be heard in support
of or in opposition to the Plan, pursuant to Wis. Stat. § 66.0307.
The Plan may be viewed at all branches of the Oshkosh Public Library and at the
following locations during regular business hours:
City of Oshkosh
City Clerk
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 53903
Town of Al~oma
Town Hall
15 N. Oakwood Road
Oshkosh, WI 53904
The Plan will also be available on the Intemet at: http://www.ci.oshkosh.wi.us
The Plan affects all of the Town of Algoma.
To allow all interested persons an opportunity to be heard during the hearing, each person
will be permitted to speak only once for not more than three minutes. Written comments
will also be accepted at the hearing. If you are unable to attend the hearing and would
like to submit comments in writing, you may do so by delivering them to either the City
Clerk or the Town Clerk at the above specified address for receipt no later than January
7, 2004.
If you need an interpreier, materials in alternate formats or other accommodations, please
contact the City Clerk or Town Clerk. Please do so at least 48 hours prior to the hearing,
so that proper arrangements can be made.
Richard Wollangk, City of Oshkosh City Manager
Ken Neubauer, Town of Algoma Chairperson
Exhibit H, Page 1
TO~_~ OF ALGOMA
'%VEN'NEBAGO COU2N*TY, 1,VISCONSIN
MEETING DATE: 12
GROUP M]BETING: ','
ATTENDANCE SHEET
NAME ADDRESS i SUBJECT TO SPEAK
]' ON
~ ~~" . ~/s7 ~ B~.I~ ~b~I
I I
Exhibit H, Page 2
TOWN OF ALGOMA
WINNEBAGO COUNTY, WISCONSIN
MINUTES FOR PUBLIC HEARING FOR COOPERATIVE BOUNDARY
AGREEMENT
DECEMBER 18~ 2003 6:00 PM
Call To Order
The public hearing was called to order by Atty. Yde at 6:00PM.
Atty. Yde provided background information on events that led up to today's public
hearing.
Public Comment
Chuck Dinkel, 1013 W¥1de Oak Drive- stated he is against the plan as it in his opinion
forces 500 people to annex to the city. He feels incorporating as a village would be more
advantageous, as a border agreement may be reversed by the court system at a later time.
In his opinion the boundary agreement would inhibit progress and expansion to business
parks and business in general. '
Joe Averkamp-4t02 State Road 91-Does not want to annex to the city, as he feels there is
no advantage for him to annex, but as long as he can remain in the town for 15 years prior
to annexation is ok with the agreement.
Kevin Mraz, Utility Director Algoma Sanitary District #I- The sanitary district expects
that with the approval of this agreement that all parties involved will cooperate and fully
support the district with sewer service area expansion up to the documented protected
area of this agreement.
Dick Spanbauer, 3040 Sheldon - supports the agreement and feels it is in the best interest
for the majority of the town, as it keeps the core of the town intact.
Kevin Radloff, 2162 James Road, land owned in Algoma- 4760 Hwy 91-is against the
agreement as in his opinion the residents were not notified, and feels that having a
member of the town board on the committee to draw up the agreement was not right.
Sessions for structuring of the agreement were not open to the public. He heard about this
plan six years ago in the Town of Nekimi. It is his thought that he is the sacrificial lamb
of this agreement, and he would like to be compensated accordingly. As the Town of
Algoma does not wish to have his property within their borders he would like to have the
option of armexing to the Town of Utica or the Town of emro.
Paul Olson, 2550 Clairville Road- Owns the town's largest industrial tax parcel. He is
against the plan as he does not want to pay city taxes or services. Olson feels that the
town should develop an industrial base on its own and not allow the city to do so.
Kenneth W. Neubauer, 2997 Clairville Road- Is against the plan as it has cost the town
too much money already.
Exhibit H, Page 3
Public Heating was closed at 6:32PM.
Respectfully submitted,
Betsy A. Kunde, Clerk
Town of Algoma
Exhibit H, Page 4
PUBLIC COMMENT ON TOWN OF ALGOMA-CITY OF OSHKOSH
JOINT COOPEKATIVE PLAN
[~I wish to speak.
Comments:
[] I do not wish to speak.
Exhibit H, Page 5
PUBLIC COMMENT ON TOWN OF ALGOMA-CITY OF OSHKOSH
JOINT COOPBR. ATIVB ]PLAN
G~ wish to speak.
Comments:
[] I do not wish to speak.
Exhibit H, Page 6
PUBLIC COMMENT ON TOWN OF ALGOMA-CITY OF OSHKOSH
JOINT COOPERATIVE PLAN
~I wish to speak.
Comments:
[] I do not wish to speak.
Exhibit H, Page 7
PUBLIC COMMENT ON TOWN OF ALGOMA-CITY OF OSHKOSH
JOINT COOPERATIVE PLAN
Address:
)~'I wish to speak.
Comments:
[] I do not wish to speak.
Exhibit H, Page 8
PUBLIC COMMENT ON TOWN OF ALGOMA-CITY OF OSHKOSH
JOINT COOPERATIVE PLAN
.~wish to speak.
Comments:
[] I do not wish to speak.
Exhibit H, Page 9
PUBLIC COMMENT ON Town OF ALOOMA-CITY OF OSHKOSH
JOINT COOPERATIVE PLAN
I wish to speak.
Comments:
[] I do not wish to speak.
Exhibit H, Page 10
PUBLIC COMMENT ON TOWN OF ALGOMA-CITY OF OSHKOSH
JOINT COOPEKATIVE PLAN
[~ish to speak.
[] I do not wish to speak.
Comments:
Exhibit H, Page 11
PUBLIC COMMENT ON TOWN OF ALGOMA-CITY OF OSHKOSH
JOINT COOPERATIVE PLAN
l~[-I v~i~sh to ~peak.
Comments:
[] I do not wish to speak.
Exhibit H, Page 12
PUBLIC COMMENT ON TOWN OF ALGOMA-CITY OF OSHKOSH
JOINT COOPERATIVE PLAN
wish to speak.
[] I do not wish to speak.
Comments:
Exhibit H, Page 13
3~75 Sh~ppa~.Di'i~e
Oshlr0sh, Wt 54904
Betsy A. Kunde, Clerk
i~ l~ovth.OalCWood Road
Re: Os~osh / Aigoma Coop~five Pt~
all
Sides o.f!
.year~,
og~o.d~;of-way,
:some Concerns. Ttfe fii~ti~ with the
~rio~.to~ p[Ovt0tts
~1 by thi~ a~ii~ee, .F6~ ~p~e~ wi~61d
Di2s'ffief and would a
Avegue~ ~ Cit~ haS l~ft
' the
agreement or arme~afion
l~itetosed .is a listing of.10oadora.th'.at I:.undem'ans.fhe;Cit7 ~ould entertain annexing. I
· center o~ti~e Bftte'des Ivrpm:Btid~.sgu~'-.g~.g~?i4:."~d~t ,~f'tlie ~ontago ~om .STfI 2I soum.
Exhibit H, Page 14
Betsy ~,. K!mde,:Clerk
ToWn,.of ~oma
De.tuber3'!; 2003
Page 2
sup~aor heavy r~s~ue eqtSipment.:~~~f mgbway 4 L I be~eve &e
· · · 7"':'~ ~ ::'4~ '~# ~' ~%"'7p:~,:.~' · ~ ' ... ·
There h~ b~ c~Memble ~scusmon over ~e Y~'m~g ~e e~nsion Of ~o~rd
:Road soa~ ~'m~t np.~:Clai~illeRoad. ~.~[, ~e CiW ~d ~e T~m work~ tOg~er so
me ci~, ~t~e xo.~ ~s '~qu~t, om~ia~~r an 80' or ~ ~' d~t~t~y fo~ mis
m~fion m extend ~On~d.RO~ soU~efl~fi*~:~:(~}.lane road. ' :.
..... ,. ~.Tom of~goma
....? ..:'/ ..
Exhibit H, Page 15
Jackson- TheSe are ecat 0ns that I notiCed Wi.th a' quick review Of the mai:
L~¢ati0nS East;O? H~ 41
V~/aukau Ave (':East & W. est:,ef Oregon Street )
Hug!ies Street (' N(~rth':of Waukau Ave )
~pon Lane
S~[~ Pa~ Ave (Ri~on
Poberezny Read ( No~h. o~U~.~?.'::
'f-ocafions West of
'¢~ashbum S:t ('Nodh of 20th Ave ) .' :":.':~?'. 'ii'?".
9th Ave ( Gracelarid
Washburn St' (North e[: SaWyer Cre~,): ',
~.f me knc~w,~f..vo..h~vP. ~n 'Th~.
Exhibit H, Page 16
Jannary 7, 2004
Town of Algoma
I have lived in the Town of Algoma for 25 yearsaadd
previously in the City of Oshkosh .:for several years.
During this time, I have'been.'i:awar.e of all the
controversies. The maih one'~i~g ..the ~xpansion of th9
Cit.y into the Town. Reoentty.:~ d'i~h'Ssions have 'occurred
between the two municipalties :gB.'.a'.'Boundary Agreement.
I believe it is in the beslt in:t. erest for the Town of
AlgOma and the City Of Oshkosh' ~h~:~"the Boundary Agreement
be completed.
It would be good in the fui~ur.e ':for both the res. idents
of the Town and the City.
Thank you~
Repp~c. tfully, /~
Exhibit H, Page 17
EAST CENTRAL WISCONSIN REGIONAL PLANNING COMMISSION
132 Main Street Menasha Wisconsin 54952-3100 (920) 751-4770 Fax (920) 751-4771
Website: www.eastcentralrpc.org Email: staff~eastcentratrpe.org
Economic Development DL~tricI and Metropolitan Planning Organization
Serving the Easl C~ntral I~isconsin Region for over 30 years
January6,2004
Richard Yde
Stafford Rosenbaum, LLP
3 S. Pinckney Street., Suite 112)00
Madison, WI S3701
Dear Mr. Yde:
ECSNRPCNo. 2003-353
Subject: Clearinghouse Review Comments - Cooperative Plan: Town of Algoma and City of Oshkosh
The East Central Wisconsin Regional Planning Commission, the designated metropolitan clearinghouse
for the ten county East Central region, has reviewed the proposed cooperative plan between the City
of Oshkosh and Town of Algoma dated November, 2003.
Staff is aware of the long history between the two enUties regarding boundary issues and disputes
and feels that this agreement will eliminate future problems.
East Central is advisory to the WDNR in all matters pertaining to the development and
implementation of the NR-121 based Oshkosh Sewer Service Area (SSA) Plan. To that end, staff has
reviewed the agreement in light of the current SSA plan and finds no major concerns with the
agreement as it relates to the plan. Staff will be conducting a comprehensive update of the Oshkosh
SSA Plan in 2004 and will factor the information providec~ by the new agreement into the plan
development process and re-configuration of the existing SSA and SSA Planning Area boundaries.
If you have any questions, please contact East Central.
Sincerely,
Haflan P. Kiesow
Executive Director
HPK~wh
Cc: Jackson Kinney, Director of Community Development, City of Oshkosh
Member Counties: Calumet Mcnomlnee Outagamie Shawano Waupaca
Exhibit H, Page 18
JAN 0 7 200~
Waushara Winnebago
Exhibit !
!ntergovernmental Boundary Agreement
43
EXHIBIT I
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF OSHKOSH AND THE TOWN OF ALGOMA
The Parties to this Agreement are the City of Oshkosh ("City") and the Town of
Algoma ("Town"); both located in Winnebago County, Wisconsin.
RECITALS
The City and Town share a common border on the City's west side and the
Town's east sid~m.
The City and Town have a history of disputes regarding their border including
litigation over annexations from the Town to the City.
Recent devele, pments, inc uding a citizen-initiated effort to incorporate the Town,
have caused :the City' and Town to explore reaching an agreement to secure
long-range benefits for both Parties and their citizens.
The petition to incorporate the Town is pending before the State of Wisconsin
Department of Administration.
Eo
The City's long term growth and development plans envision continued westward
development in a Iogica. I and well-planned fashion.
The Town desires to protect, indefinitely, the integrity of its territory within certain
boundaries.
The Town desires to protect lands from being annexed against the owners'
wishes for an extended period of time.
The City and Town both desire that a Transition Area be established so that the
eventual City-Town bOrder is well-planned, with compatible development on both
sides.
To attain the objectives of both the City and Town and to provide for mutual'
peace and cooperation beneficial to citizens in both communities, the City and
Town desire to enter into this new Intergovernmental Agreement.
Print date: March 7, 2003
1
· ' EXHIBIT I
AGREEMENT
Therefore, in aCCOrdance with the authority granted them under the .Wisconsin
statutes and for their mutual benefit and in the public interest, the Parties agree as
follows:
Establishment of Protected Area. Lands within the Town are divided into a
Protected Area and an Expansion Area as shown on Exhibits A and B attached
hereto.
2. Protected Area. Within the Protected Area,
The City shall not annex any lands unless such annexation is approved by
a four-f'~hs (4/5) majodty of the entire Town Board.
bo
- Except as othe~vise spec'~ically provided in this Agreement, the City shall
exercise no extraterritorial jurisdiction. The limitation on the City's exercise
of extraterritorial jurisdiction includes, but is not limited to, zoning, land
division, and official mapping.
The City and the Town shall consult with each other concerning a new
north-south artedal on or near Clairville Road.
do
The City shall not object to nor interfere with applications by the Algoma
Sanitary Distdct ("District") to expand its boundaries or extend its sewer
service area.
3. Expansion Area. Within the Expansion Area,
All lands within Zone A as shown on Exhibit A (east of U.S. Highway 41)
shall attach to the City as of March 1, 2013.
All lands in Zone B as shown on Exhibit A shall attach to the City as of
March 1,2018.
Co
All lands in Zone C as shown on Exhibit A (east of Clairville Road) shall
attach to the City as of March 1, 2023.
All lands in Zone D as shown on Exhibit A (west of Clairville Road) shall
attach to the City as of March 1, 2043.
Lands may be annexed to the City prior to the above dates only upon the
unanimous consent of the owners of the lands, exclusive of any right-of-
way that may be annexed. Such annexations need not be contiguous to
the City and may create town or city islands. Such annexations shall
include the entire width of highway rights of way abutting the lands
Print date: March 7, 2003
2
EXHIBIT I
o
go
annexed. The Town shall not oppose, nor support opposition to,
annexations consistent with the terms of this Agreement.
The Town consents to the construction of City utilities in Town dghts of
way and easements as necessary to serve annexed lands subject to the
City's obligations (i)to maintain access to Town territory, (ii)not to
inter[em with Town utilities, and (iii)to restore the dght of way or
easement in accordance with commonly accepted practices.
The Town will not inter[ere with or object to City applications to extend its
sewer service area consistent with this Agreement.
The City shall provide sanitary sewer, storm sewer and water services to
· lands prior to annexation or attachment, on the same extension, cost and
payment terms as t.hose generally applrc~ble to similarly situated lands
within the City, prowded: (1)such servic~s.,,could be made available to
such lands if they were within the City; and (2) the owners of such lands
unanimously agree to annexation or attachment to the City effective
5 years after the service is available. Lands under such agreements shall
be attached to the City pursuant to this Agreement and shall be subject to
City zoning and land use regulation pending the attachment.
The City shall be responsible for all actions necessary to accomplish
annexations or attachments as provided herein.
Land Use and Zoning.
Consistent with Sec. 62.23(7a), Wis. Stats. (1999-2000), the City and the
Town shall establish an extraterritorial zoning committee ("EZC"), which
shall exemise such power and authority as contained therein, within the
Expansion Area of the Town except as provided in section 3h.
bo
A Buffer Zone is established as shown on Exhibit B. AlloWable uses within
the Buffer Zone shall be limited to those set forth in Exhibit C. Additional
uses shall not be permitted unless approved by the EZC, as provided in
Sec. 62.23(7a), Wis. Stats.
Co
The EZC shall also have jurisdiction within the Buffer Zone for the
purposes of section 4b.
Print date: March 7, 2003
3
EXHIBIT I
5. Services and Utilities.
a. Commencing on the first day of the next month starting at least thirty (30)
days after a written request from the Town to the City Manager, the City
shall provide emergency ambulance services throughout the Town on the
same terms under which the City currently provides such services to a
~portion-of-the Town:
The District shall continue to own and operate the portions of the sanitary
sewer system within the Town for the term of this Agreement regardless of
what portion of the patrons of the. system is in the City. To the extent
supplemental agreements are necessary to implement the terms of this
paragraph, the City shall cooperate with the District to enter into such
agreements on terms that are fair to both.
Cooperative Plan. The Town and the City shall fully participate in the preparation
Of a cooperative plan and seek approval thereof under sec. 66.0307, Stats.
The resolution by which each Party approves this Agreement shall
authorize participation in the preparation of a plan as provided in sec.
66.0307(4)(a), Stats., and the clerk of each Party shall give notice of such
resolution as required by sec. 66.0307(4)(a), Stats.
Any failure to comply with paragraph a may be cured by adopting a new
resolution and giving notice as provided in sec. 66.0307(4)(a), Stats., not
later than 45 days after the date of commencement of the term of this
Agreement.
To the extent it is determined not to be contrary to the public interest after
the hearings, comments and review by the Department of Administration
required by sec. 66.0307(4) and (5), Stats., the cooperative plan shall
incorporate the terms of this Agreement except as otherwise provided in
this section.
The cooperative plan shall permit attachment of territory by ordinance
adopted by a simple majodty of the City's Common Council in place of
annexation under section 3.e of this Agreement upon the written request
or agreement of the owner or owners of the parcel attached and notice to
the Town.
The cooperative plan shall permit the attachment of territory to the City
under section 3.a, b, c, or d of this Agreement by adoption of an ordinance
by a simple majority of the City's COmmon Council.
Print date: March 7, 2003
4
EXHIBIT I
The cooperative plan shall provide that no part of the Town-may be
incorporated pdor to March 1,2008.
go
The Town and the City shall fully cooperate to complete the preparation of
the cooperative plan and submit it to the Department of Administration for
final approval as soon as reasonably possible after the effective date of
this Agreement.
Once approved, the cooperative plan shall govern without respect to
subsequent changes in statutory law.
Incorporation Petitions.
The Town and the City shall jointly request the Department of
Administration and the Circuit Court to suspend all proceedings related to
the currently pending petition to incorporate a part of the Town while they
seek approval of the cooperative plan from the Department of
Administration.
bo
Within 30 days after final approval of the cooperative plan under sec. 6.g,
the Town shall request the Court and the Department of Administration to
dismiss the currently pending incorporation petition. For purposes of this
section, final approval means that the Department of Administration has
issued its approval under Wis. Stat. sec. 66.0307(5) and either the time for
judicial challenge of the approval has elapsed without challenge or the
approval has been upheld by the courts and the time for further appeal
has elapsed.
Pending final approval of the cooperative plan, the Town shall not support
in any way any effort to incorporate any part of the Town.
Pending final approval of the cooperative plan, the City may annex any
part of the area subject to the pending incorporation petition with majodty
Town Board approval, consistent with Chapter 66 of the Wisconsin
Statutes. The Town and the City shall sign and file with the circuit court a
stipulation deleting such territory from the legal description accompanying
the incorporation petition.
If the cooperative plan does not receive approval from the Department of
Administration under Wis. Stat. sec. 66.0307(5) by February 28, 2005, or
such later date as mutually agreed in writing by the Parties, or if the
approval is reversed by the courts and no further appeal or proceeding is
possible to have the approval reinstated, then this Agreement shall
terminate and the pending incorporation petition may proceed with the
Town's support.
Pdnt date: March 7, 2003
5
EXHIBIT I
Term. This Agreement shall commence upon being signed by the Parties and
shall terminate at 11:59 p.m. on February 28, 2063, unless extended by mutual
agreement. No later than Mamh 1, 2053, the Parties shall meet and confer to
extend this agreement on such terms and conditions as the Parties may then
agree. Failure to agree on extension shall not be considered a broach or dispute
subject to resolution under section 10.
Challenge to Agreement.
The Parties waive all rights to challenge the validity or enfomeability of this
Agreement or any of its provisions or to challenge any actions taken
pursuant to or in accordance with this Agreement.
bo
In the event of a court action by a third party challenging the validity or
enfomeability of the Agreement or any of its previsions, the Parties shall
fully (;ooperate to vigorously defend the Agreement.
(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 Agreement shall be shared equally.
A challenge to the Agreement by one of the Parties or a failure to
vigorously defend the Agreement constitutes a breach of the Agreement.
10.
Dispute Resolution. In the event of a breach of this Agreement or a dispute
between the Parties involving the application, interpretation or enfomement of
this Agreement,
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.
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 Chairperson of the Altemative Dispute
Resolution Committee of the State Bar of Wisconsin, or if the
Chairperson fails to appoint a mediator, by the American Arbitration
Association.
Print date: March 7, 2003
6
EXHIBIT I
(2)
(3)
(4)
(5)
(6)
(7)
The mediation session must take place within thirty (30) days of the
appointment of the mediator.
Each Party must designate a representative with appropriate
authority to be its representative in the mediation of the dispute.
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 ten (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.
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 pdvate. The Parties and their
representatives may attend the mediation sessions.
The cost of the mediator shall be borne equally by the Parties.
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.
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 Municipal Boundary Review Director of the Office
of Land Information Services of the State of Wisconsin Department of
Administration of such demand. The arbitration shall be performed by a
person designated by the Director in accordance with such roles and
procedures such person may specify, subject to the terms of this
Agreement. 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 Amedcan Arbitration
Association ("AAA") in effect at the time of the arbitration ("Rules"),
except as such Rules may be modified by this Agreement.
Print date: March 7, 2003
7
EXHIBIT I
(2)
(3)
(5)
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 ten (10) days after filing, each Party
shall appoint one (1) arbitrator Within ten (10) days after they are
chosen~ the two (2) arbitrators shall choose a third arbitrator who
acts as chairperson of the arbitration proceedings. If the two (2)
arbitrators are unable to agree upon a third arbitrator within ten (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.
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.
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 headng, 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 bdefs, subject to any reasonable delay due to unforeseen
circumstances.
Except to the extent the Parties' remedies may be limited by the
terms of this Agreement, 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
Pdnt date: March 7, 2003
8
EXHIBIT I
award that does not conform to the terms and conditions of this
Agreement. 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.
(6)
The arbitrators' authority is limited solely to resolving disputes
under this Agreement.
(7)
The pendency of any arbitration hereunder does not relieve either
Party of any of its obligations under this Agreement.
(8)
The Parties shall share equally the fees and expenses of the
arbitrators as well as all fees imposed by the ~ 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.
Paragraphs a, b, and c 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 sec. 893.80, Stats., 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 c;
(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.
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.
11. Remedies. In the event of a breach of this Agreement,
Print date: March 7, 2003
9
EXHIBIT I
2.
13.
14.
15.
16.
Except as limited by sec. 10 above, either.Party may seek declaratory
judgment ot specific pedormance of this Agreement 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.
The broaching Party shall pay the other Party's attorney 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 pdor to commencement of any proceedings for a remedy.
Following the dispute resolution procedure outlined in section 10 a and b
constitutes sufficient notice and reasonable opportunity to cure under this
paragraph.
Binding Effect. This Agreement shall bind, and accrue to the benetlt of, all
Successors of the Parties, whether one or more. For example, if a part of the
Town should be incorporated, both the incorporated and unincorporated entities
would be considered to be Parties bound by the terms of the Agreement. Except
as to the rights of owners of land currently in the Town as expressly set forth
herein, and except as to the provisions for the benefit of the Distdct as expressly
set forth in sections 2.d. and 5.b., this Agreement is for the exclusive benefit of
the Parties and their successors and assigns and shall not be deemed to give
any legal or equitable dght, remedy or claim to any other person or entity.
Recording. A notice of this Agreement may be recorded by any Party.
Entire Agreement. This Agreement contains the entire agreement of the Parties
with respect to the subject matter hereof, and all prior discussions, drafts,
agreements and writings are specifically superseded by this Agreement. This
Agreement represents the mutual intent of the Parties and the fact that one or
more of its provisions was drafted by one Party or the other Shall not be
construed to the benefit or detriment of any Party.
Authority. Each Party represents that it has the authority to enter into this
Intergovernmental Agreement and that all necessary procedures have been
followed to authorize the Agreement. Copies of the resolutions of the City's
Common Council, and the Town's Board authorizing this Agreement are
attached. Each person signing this Agreement represents and warrants that he
or she has been duly authorized to do so.
Counterparts. This Agreement may be signed in counterparts which, when
taken together, shall be effective as if all signatures appeared on the same
original.
Pdnt date: March 7, 2003
10
EXHIBIT I
Dated this 11~ day of March 2003.
Approved as to Form:
Robert C. Wertsch, Town Attorney
TOWN Of ALGOMA
Richard Spanf~ul~'r;-'l'(J~n Chairperson
By:
Betsy Kdhde; Tov{,n:C!e~k
Dated this 11th day of Mamh 2003.
Approved as to Form:
CITY oF OSHKOSH
B Y:~' Ri-~h/~ r~W~~ n ag er
Parhela R. Ubd~, City er ..
Print date: March 7, 2003
11
EXHIBIT I
EXHIBIT I
EXHIBIT I
g. Vegetables.
h. Barns, silos, etc.
Conditional Uses.
(1) Art center.
(2) Cemetery.
(3) Church.
(4) Commercial greenhouse and nursery.
(5) Community center.
(6) Day care center.
(7) Funeral home.
(8) .Govemmental structures.
(9) Group home licensed, operated, or permitted under authority of Wisconsin
Department of Health and Social Services with 9 or more persons.
(10) Hospital.
(11) Municipal structure.
(12) Museum.
(13) Nursing home.
(14) Parking lot.
(15) Public utility structures.'
(16) Retirement community.
(17) School, public and private (including kindergarten, elementary and high
school).
(18) Swimming club, private (non-profit).
(19) Farm dwellings which are for those resident laborers including family of
operator or laborers, who eam any part of their livelihood from farm
operations on the parcel, provided the Town Board verifies - in writing -
said use of proposed residential unit. (Yard standards according to the
applicable residential district).
Print date: March 7, 2003
Exhibit C-2