HomeMy WebLinkAboutTownOfAlgomaCooperativePlanJh 004
CLERKSOFFICE
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-TermBoundary Between City And Town 9 9
Attachment OfTerritory In Expansion Area Of Town To City 9 10
Procedure For Attachment 10 11
Local Ordinances 13 12
Current Land Use And Physical Development OfThe 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 MasterPlanning 25 18
Authorizing Resolutions Record Of Public Participation And Cooperative
Plan Adoption Resolutions 25 Binding
Effect Of Cooperative Plan 26 Administration
OfThis Cooperative Plan 26 Dispute
Resolution 26 No
Challenges ToThis 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 ZonesA BCD34 Exhibit
B Buffer Area 35 Exhibit
C Town of Algoma Land Use Plan 36 ExH
BTrDMap 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 40Exhibit
G City of Oshkosh Resolu Authorizing Support Of Boundary Agreement ExhibitHRecordofPublicParticipationandCommentatOakwoodSchool42 Exhibit
IIntergovernmental Boundary Agreement Exhibit
Immediate Attachments 2
OUTLINE OF CITY OF OSHKOSH AND TOWN OF ALGOMA
COOPERATIVE PLAN
UNDER WIS STAT 660307
The CTrY OF OSHKOSH a Wisconsin municipal corporation with offices at 215 Church
Avenue Oshkosh Wisconsin 54903-1130and 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 0307RECITALS
A
Wis Stat 66 0307authorizes 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 03073basfollows
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 ofdevelopment C
Wis Stat 66 03072permits 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 0301toprovide the basic foundation for
this Cooperative Plan The Intergovernmental Agreement isattached hereto as Exhibit
E
The City and Town entered into the Intergovemmental Agreement for the purposes of
establishing a long-term boundarylimiting the City s extraterritorialauthority 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 isintended to implement the Intergovernmental Agreement and to
guide and accomplish a coordinated well-planned and harmoniousdevelopment 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
6603074b 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 660307 and petition the State of Wisconsin
Department of Administration for approval in accordance with statutory procedures and
time frames
SECTON 1
PARTICPATTNG MUNTCZPALTIES
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 ExhibitA
SECTON 2
This section left intentionally blank
SECTZON 3
TERRZTORY SUB3ECT TO THE COOPERATtVE PLAN
The territory subject to this Cooperative Plan is all territory in the Town as of the date
of this Plan
SECTiON 4
ZSSUES PROBLEMS OPPORTUNTTES
This Cooperative Plan will address issues and problems and create opportunities as
noted in the subsections below
401 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-wayTngeneral 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
FutureRoad 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 Highway41 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
403 Preservation of Natural Physical and Socio-EconomicAttributes The Town
has major wetland areas The Town has already planned for these sensitive environmental
areas tobe preserved and has shown trails to provide pedestrian access through
such areas for health wellness and enjoyment of Town and Ob residentsThe
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 oftransportation between
neighborhoods and places of employment orretail stores This
Plan will promote and enable cooperation bet veenthe City and the Town to coordinate
their plans for pedestrian trails 4
043oint 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 withsanitarysewerwaterandundergroundstormsewersystemTheProtectedAreawill
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 deepwellsastheirwatersourceconstructedattheendof20036
405 Establish Long-TermBoundaries 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
06Assure 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 theTownofAlgomawillbeabletoundertakeappropriatelongrangeplanningwithassurance
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
10 047
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 54903-113011
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 59p mon 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-TERMBOUNDARY 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 boundarybetween 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 establishedby 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
IACHMENT
OFTERRTORY TN EXPANSTONAREA OF TOWN TO CITY 901 Voluntary
AttachmentFollowing approval of this Plan by the State of Wisconsin Department of
AdministraUon property owner swithin theExpansion Area will have the
right to unanimously request attachment of their land s to theCity at any time Procedures to
attach land on a voluntary basis are found in Section 10 01 of thisPlan 9
902 Intermediate and Final Attachments Intermediate and Final AEachments of
Town territory in the Expansion Area shall occur as provided in sections 1002 and
1003 below
SECTLON 10
PROCEDURE -ATTACHMENT OF TOWN LAND TO CTTY ZNEXPANSZON
AREA10 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 othersub-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 660217 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
6602179a and 66030710 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-sharingprogram c
No land shall be attached to the City as a Voluntary Attachment without the consent
ofall of the owners Petition signatures orother indices of consent shall not
be required of residents occupants orusers 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 torecommend 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
1002 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 1201 am 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 1201 amon 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 1201 amon March 1 2023
d Intermediate Attachment Ordinances may designate temporary or permanent
zoning classifications for each parcel of land as prescribed in Wis Stat
62237d The City Clerk shall file record or send Intermediate Attachment
Ordinances in the same manner as described under paragraph 1001b above
e Intermediate Attachment Ordinances shall include all territory within each
geographic zone as identified in Exhibit A and as scheduled to be attached perparagraphsabandcofthissection
f Intermediate attachment Ordinances shall not require the consent of ownersresidentsorelectors
1003 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 1201 amon
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 Citys 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 1201 amon 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 62237d Wis Stats The
City Clerk shall file record or send the Final Attachment Ordinance in the same manner
as described under paragraph 1001b above
e The Final Attachment Ordinance shall not require the consent of owners
residents or electors
1004 Attachments Shall Include Public Right-of-WayAllattachments
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 abutlandspreviously annexed to the City before the effective
date of this Cooperative Plan even though such inclusions will create Town islands 10
05 Effective Date
ofAttachment Town territory in the Expansion Area included in an attachment will
be attached to the City effective at 12 01 a m onthe nextSunday alter adoption of
the Attachment Ordinance except as provided in sections 10 02 10 03
andll02c 10 06ImmediateAttachment
Effectiveanuary 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
SECTON 11
LOCAL ORDNANCES
1101 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
1102 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 Citys 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 1001 attaching such land as
of a date not earlier than five years after services are made available under this
paragraph
1103 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-fifthsmajority 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
1104 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 1105
1105 Extraterritorial Zoning Committee
la Consistent with Sec 62237a Wis Stats 1999-2000the 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
04bSECTION
12 CURRENT
LAND USE AND PHYSICAL DEVELOPMENT OF THE TERR TORYThe 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
O1Existing Land Use and Physical Development Summary Of the 6 23024acres
in the Town of Algoma approximately 35 8or 2 22856acres is developed see
Table 1 Approximately 54 9of the town stotalland area or 3 41757acres is in
agricultural use while the remaining 9 4of the town stotal land area er 583 9acres
is vacant and undevelopable open water areas woodlands and land within 75 feet
of navigable streams The
Protected Area covers approximately 3 79177acres Of that total 46 4is developed
The Expansion Areas covers approximately 2 43847acres of which 19 2is
developed The
dominant land use in the developed portion of the town is single-family residentialwith 21
3 or1 324 97acresin 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
464 of the land in the Protected Area has been developed as compared to less
than a fifth 192 of the Expansion Area The Expansion Area remains mostly rural
in nature
15
Table 1
Existing Land Use AS OF JUNE 2003
PROTECTED AREA EXPANS1ON AREA WHOLE TOWN
PARCELS ACRES AREA PARCELS ACRES AREA PARCELS ACRES AREA
Total 2915 379177 1000 378 243847 1000 3293 623024 I000o6
Churches 5 2879 08 0 000 00 5 2879 05
Residential 2036 113982 301 157 18515 76 2193 132497 213
Commerdal 36 6618 17 14 6609 27 50 13227 21
Industrial 6 3440 09 1 956 04 7 4396 07
Non-MetallicMining 5 68 291 80 0 000 065 68 291 1Utility
Public Fadlity 6 9 670 312 35 221 418 44 890 7Undeveloped
As Ama WeUand 36 257 466 89 43 701 845 301 164 8Open
Water Pool Lakes 16 100 912 70 0 000 016 100 911 6RecmaUon
Conservation 5 21 450 61 8 610 46 30 060 5Undevelopect
Agdcultural112 1360 94353 114 1805 6874 0226 3166 6250 8Vacant
Single Family Parcels 501 250 956 60 0 000 0501 250 954 0TrenspertaUon
InclRow 164 391 25L0 365 16 086 7229 555 338 9Undev
Within 75 Of Nav Stream 0 61 451 60 120 384 90 181 832 9DEVELOPED
2263 1759 8546 4250 468 7119 22513 2228 5635 8nclodes
Churches Developed Residential Commerdal Industrial Mining Utility PublicFacilities Recreation Transportation UNDEVELOPED
DEVELOPABLE I6131611 89142 5I114 t 1805 6874 0727 3417 5754 9Includes
Agricultural Vacant 5ingie Family UNDEVELOPEDUNDEVELOPABLEI
52 15 90194Includes
Open Water Wetlands 75 Buffer from Navigable Streams 12
02Socio-Economic CharacteristicsoftheTown 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 peoplereside in the Town of Algoma The minority population within
the Town is 119 people which is 2 1 ofthe total population The minority population
in the City of Oshkosh includes 4 577 residentswhich accounts for 73
ofthe total population Table 2
Socio-Economic Characteristics
CategoryCity of
Oshkosh Town of Algoma Population 62 916
5 702Race White58
339
92 75 58397 9Other 4577
7 3119 21 Median HouseholdIncome
1999 37636 71 79216
rotal Occupied Housing Units 24082 1940
Owner-Occupied13 8511 865Renter-Occupied
10r2375 Total Housing
Units 25 420 J1 983 SourceU
S Census2000 The Town
s medianhousehold income in 1999 provided by the 2000 Census was 71 792
comparedto the median household income in the Cib of Oshkoshof 37 636 Accordingto
the 2000 Census rental housing in Town of Algoma accounted for 75 units 4 of
the 1 940 occupieddwelling units in the Town Tn contrast rental housing in Oshkosh constitutes
10 231 units42 5 ofthe total 24 082 housingunits in the City The Town
s highermedian 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 decreasein its population between
1970 and 1980 but rebounded after 1980 to show double-digit growth inthe
past twenty years Table 3Population
Change L970-2000
Year Town fAlgoma
Change Cib of Oshkosh Change 19703 158 ii
i ii 5308219803 2492
88 49620 -652 19903 4926
96 55006 1085 20005 70263
29 62916 1438 20106 94521
80 67757 769 20207 96314
66 69991 330 SourceU SCensus
1970-2000 20102020 projections fromECWRPC 12 03 Land Values There
are3 293 individual parcels of landin the Town of Algoma The Protected Area encompasses
2 915 parcels of which 613are 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 assessedvalueof land
in the Expansion Area is 18 874 000 17
1204 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 Wisconsinscomprehensive planning Smart Growth legislation As part of the Citys
update the City will be seeking the Towns input and work cooperatively with the Town
In the interim the existing plans adopted by Oshkosh and the Town and other
governing entities eg 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
1205 Town Plans
a The land use plans prepared by the Town in the last eight years which guide
land use derision-makingand 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 Cfor 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 forthe 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 sfirestation located near the intersection ofOmro Road and
Oakwood Circle b
The Town of Algoma contains 60registered 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
06City 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
itincluded 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 cPedestrian and Bicycle Circulation Plan adopted by the City in 1998 The
Plan includes a variety ofrecommendations 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
areas12 07Coordination 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 THECOOPERATt VE PLAN TONONPARTtCrPAT
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 isadjacent 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 SchoolDistrict19
Wisconsin Statute Section 660307 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-mileradius outside of
the boundaries ofthe area included in the agreement The
City of Oshkosh sdirection 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
ON14 SERVICES
14
01Water 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 sWater Utility which receives
staff support from the Department of Public Works includes the community snew
state-of-the-art waterfiltrationplantbetween 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 2410 fire hydrants approximately 20000 water services and over
22500 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
J402Sanitary 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 TownsSanitary 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 Citys 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 28 MGD while servidng a population of
approximately 73000 About 8 of the flow to the plant comes from industrial
sources
The Citys 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
1403 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
1404 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
lnaddition the City and Town agree to consult with each other concerning a new
north-southarterial on or near ofClairville Road 24
05Police Firef and Emergency Services Police services within the Town are provided
by the Winnebago County Sheriff sDepartmentThe
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 ofOmro 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 3500 gallons of water and a small grassbrush 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
grassbrush 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
1406 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
Citys 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 Citys easterly growth constraint at Lake
Winnebago and its place within the rapidly growing Appleton-Oshkoshmetropolitan area
23
1501 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
1502 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 1402 and 1403 areas within the
City are served by the Citys sanitary sewer system while the majority of developmentwithintheTownisservedbytheTownofAlgomaSanitaryDistrictandbothpartiesare
governed by storm water regulations
15O3 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
1504 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
1505 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
1601 Town Housing According to the 2000 census the Town of Algoma contained
1983 dwelling units of which 1865 were owner-occupied75 were rental and 43 were vacant
Of the 1 983dwelling units in the Town approximately 96 or 1 900units 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 Towns protected area as
compared to the City of Oshkosh the Town expects to have relatively few residents of
low income seeking housing opportunities
1602 Oshkosh Housing The City contains a broad spectrum of housing types to
meet the various needs of its citizens Oshkoshsadopted Comprehensive Plan includes
strategies aimed at preserving and maintaining the communityshousing stock as well
as promoting housing affordability diverse housing opportunities and neighborhood
viability
SEClON 17
COMPREHENSiVEMASTER 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 ADOPTLON RESOLUTIONS
1801 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
1802 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
1803 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 daysprior 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 iviews
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 Directorsreceipt 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 Partys 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 11b
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 89380 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
SECTION 22
NO CHALLENGES TO THS 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 Partys 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
2401 The procedure for amendment of this Cooperative Plan is found in Sec
6603078 Wis Stats
2402 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 andor 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 courts 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
SCTION 27
IIIPLEIIENTATION
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
IIISCELLANEOUSINTERPRETATION
2801 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
2802 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
2803 Governing Law This Cooperative Plan shall be governed by construed
interpreted and enforced in accordance with the laws of the State of Wisconsin
31
2804 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
2805 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 sections subsections paragraphs or subparagraphsto
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 Clerks
office during normal business hours or shall be mailed to such Clerk by certified mail
return receipt requested at the Clerks office Each notice shall be effective upondeliveryinpersonormailingoruponactualreceiptwithoutregardtothemethodof
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 Ag 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 ByL 6 -COLTownClerk33
-l-
X
LII
EXHrBZT C-TOWN OF ALGOMA LAND USE PLAN
36
Exhibit D
Martenson liSeleInc Non Participating Entities
OshkoshAlgoma Boundary
Agreement Plan
37
EXHZBZT E
Permitted Uses accordnE 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-profitFarm
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 residentialdistrict39
EXHTBITF
Town of Algoma Resolution
Authorizing Support of Boundary Agreement
EXHiBIT F
RESOLUTION
RESOLUTIONAUTHORIZING INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
TOWN OF ALGOMA Ah lttECITY 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 660307 to be
submitted to th Wisconsin Department of Admlniqtrafion for approval and
WHEREAS the intergoverrmental 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 ofwhich isattached is
approved and the Town Chairperson and Town Clerk are authorized toexecute
theintergovernmental agreement as Well as any other documents related thereto or
required thereby in a form approved by the Town
Attorney 2Participation in the preparation of acooperative plan isauthorized
as provided in Wig8tatsec603074
a 3 The Town Attorney and all necessary staff are authorized and directed
to participate in the preparation of acooperative plan which contains all of the
applicable provisions set forth in theintergovernmental agreement and any further
provisions deemed necessary by Town and City attorneys under Wis Stat sec660307
EXHIBIT F
4 The Town Clerk shall provide notice ofthis resolution as required by Wis
Stat sec 6603074aand 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 6603074b
Adopted this day of c
By
2003
Richard J-lailauer Chairperson
Attest
Exhibit G
City of Oshkosh Resolution
Authorizing Support of Boundary Agreement
FEBRUARY 25 2003
EXHIBIT G
03-55RESOLUTION CARRIED
7-0 LOSTLAID 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 westside and the Town s eastside 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 includinga citizen-initiated effort toincorporatethe 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 ispending before the Winnebago County Circuit Court
and the State of WisconsinI Department of Administration and WHEREAS the City
s long termgrowth and development plans envision continued westward development in
a logical and well-planned fashion and WHEREASthe Town desires
to protect indefinitely the integrity of its territory within certain boundaries and
further desires toprotect 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 withcompatible development On bothsides 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 andthe 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
IPENNY 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 CountyWisconsin
FEBRUARY 25 2003 03-56RESOLUTION CARRIED
7-0 LOSTLAID 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 WisconsinStatutes toimplement
the terms and conditions contained within the Agreement NOW THERFORE
BE ITRESOLVED by the Common Council of the City of Oshkosh that
participation in the preparation of a cooperative plan isauthorized as provided in
Sec 66 0307 4aWisconsinStatutes 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 WisconsinStatutes BE IT
FURTHER RESOLVED that the City Clerk shall provide notice of this resolution as
required by Sec 66 0307 4aWisconsinStatutes and shall at the appropriate time
schedule and notice a joint public hearing on the proposed plan under Sec 66
0307 4bWisconsinStatutes STATE OF
WISCONSIN COUNTY OF
WINNEBAGO SS CITY OFOSHKOSH
lPAMELA
R UBRIG City Clerk for the City of Oshkosh Winnebago County Wisconsin do hereby
certify that the foregoing resolution is atrue and correct copy ofthe odginal on file in my office adopted
by the Common Council ofthe City of Oshkosh Wisconsin at the meeting held on February 25
2003 Witness my
hand and the Corporatiqp e lofthe Ci of Oshkosh Wisconsin DATEDJanuary
22 2004 City-Clerk 0f
theCiofOst kosh Winnebago CountyWisconsin
Exhibit H
Record of Public Participation and Comment
On December 18 2003 the joint public hearing required by Wis Stat
6603074Xb 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 6603074c
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 Thompsonssuggestions are partially incorporated in the Plan Section 404
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 1006 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 600 pm 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 530 pm
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 660307
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
PO Box 1130
Oshkosh WI 53903
Town of Aloma
Town Hall
15 N Oakwood Road
Oshkosh WI 53904
The Plan will also be available on the Intemet at httpwwwcioshkoshwius
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
VENNEBAGO COU2NTY 1VISCONSIN
MEETING DATE 12
GROUP MBETING
ATTENDANCE SHEET
NAME ADDRESS i SUBJECT TO SPEAK
ON
s7 BI bI
I I
Exhibit H Page 2
TOWN OF ALGOMA
WINNEBAGO COUNTY WISCONSIN
MINUTES FOR PUBLIC HEARING FOR COOPERATIVE BOUNDARY
AGREEMENT
DECEMBER 18 2003 600 PM
Call To Order
The public hearing was called to order by Atty Yde at 600PM
Atty Yde provided background information on events that led up to todays public
hearing
Public Comment
Chuck Dinkel 1013 W1de 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 avillage 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-4t02State Road 91-Does notwant to annex to thecity as he feels there is no advantage
for him to annex but as long as he can remain inthe town for 15 years prior toannexation
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 againstthe agreement as
inhis 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 ishis thought that he isthe sacrificial lamb ofthis
agreement and he would like tobe compensated accordingly As theTown of Algoma does
not wish tohave his property within their borders he would like tohave the option of
armexing to theTown of Utica or the Town of emro Paul Olson
2550 Clairville Road-Owns the town s largestindustrial 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 anindustrial base onits own and notallow the city todo 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 632PM
Respectfully submitted
Betsy A Kunde Clerk
Town of Algoma
Exhibit H Page 4
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPEKATIVE PLANI
wish to speak Comments
I
do not wish to speak Exhibit
H Page 5
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPBR ATIVB PLAN G
wish tospeak Comments
I
do not wish to speak Exhibit
H Page 6
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOFOSHKOSH JOINT
COOPERATIVE PLAN I
wish to speak Comments
I
do not wish to speak Exhibit
H Page 7
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOFOSHKOSH 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-CITYOFOSHKOSH JOINT
COOPERATIVE PLAN wish
to speak Comments
I
do not wish to speak Exhibit
HPage 9
PUBLIC COMMENT ON Town OF ALOOMA-CITYOFOSHKOSH JOINT
COOPERATIVE PLAN I
wish to speak Comments
I
do not wish to speak Exhibit
H Page 10
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPEKATIVE PLAN ish
to speak I do not wish to speak Comments
Exhibit
H Page 11
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPERATIVE PLAN l
-Iv ishtopeakComments
I
do not wish to speak Exhibit
H Page 12
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPERATIVE PLAN wish
tospeak I do not wish tospeak Comments
Exhibit
H Page 13
375 ShppaDiie
Oshlr0sh Wt 54904
Betsy A Kunde Clerk
i lovthOalCWoodRoad
Re Ososh Aigoma Coopfive Pt
all
Sides of
year
ogodof-waysome
Concerns Ttfe fiitiwith the rio
top Ovt0tts1
by thi a iieeF6p ewi 61dDi2s
ffiefand would aAvegue
Cit haS l ftthe
agreement
orarme afionl
itetosedis a listing of 10oadorathatI undemansfheCit7ouldentertain annexing Icenter
o tieBftte desIvrpm Btidsgu-ggi4dtftlieontago om STfI 2I soum
Exhibit H Page 14
Betsy KmdeClerk
ToWnofoma
Detuber3 2003
Page 2
supaorheavy rsueeqtSipmentfmgbway4L I beeve e747p
There h b cMemblescusmon over e Ymge ensionOf ordRoadsoamtnpClaiilleRoadeCiWdeTmworktOgersomecitexosqutomiaran80ordttyfomis
mfionm extend OndROsoUeflfilaneroad
Tom ofgoma
Exhibit H Page 15
Jackson-TheSe are ecat 0ns that I notiCed With a quick review Of the mai
Lati0nS EastOH 41
Vaukau Ave East W estef Oregon Street
Hugies Street Nrthof Waukau Ave
pon Lane
S Pa Ave Rion
Poberezny Read Noh oU
f-ocafionsWest of ashbum
StNodh of 20th Ave ii 9th
Ave Gracelarid Washburn
StNorth eSaWyer Cre f
me knc wfvohvPnTh 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 havebeeniawareofallthe
controversies The maih oneigthe xpansion of th9
City into the Town Reoentty dihSsions have occurred
between the two municipalties gBaBoundary Agreement
I believe it is in the beslt int erest for the Town of
AlgOma and the City Of Oshkosh hthe Boundary Agreement
be completed
It would be good in the fuiure for both the res idents
of the Town and the City
Thank you
Reppctfully
Exhibit H Page 17
EAST CENTRAL WISCONSIN REGIONAL PLANNING COMMISSION
132 Main Street Menasha Wisconsin 54952-3100920 751-4770 Fax920 751-4771 Website wwweastcentralrpc
org Emailstaffeastcentratrpe org EconomicDevelopmentDL
tricIand MetropolitanPlanning Organization Serving the Easl
Cntral IisconsinRegion forover 30years January6 2004 Richard
YdeStafford
Rosenbaum LLP
3SPinckney
Street Suite 112 00 Madison WIS3701
Dear Mr Yde
ECSNRPCNo 2003-353 Subject Clearinghouse ReviewComments
-Cooperative Plan Town of Algoma and City of Oshkosh The East Central
Wisconsin Regional Planning Commission the designated metropolitan clearinghouse for theten
county East Central region has reviewed the proposed cooperative plan between the City ofOshkosh and
Town ofAlgoma 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 SewerService 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 SSAand SSA Planning Area boundaries If you have any questions
please contact East Central Sincerely Haflan PKiesow Executive
Director
HPK wh Cc
Jackson Kinney
Directorof
Community Development City ofOshkosh Member Counties Calumet Mcnomlnee Outagamie
Shawano Waupaca Exhibit H Page 18 JAN
07 200 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 Citys west side and the
Townseast sidm
The City and Town have a history of disputes regarding their border includinglitigationoverannexationsfromtheTowntotheCity
Recent devele pments inc uding a citizen-initiatedeffort to incorporate the Town have
caused the City and Town to explore reaching an agreement to secure long-range
benefitsfor 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 longterm growth and development plans envision continued westward development in
a Iogica Iand well-planned fashion TheTown 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-plannedwith compatible development onboth 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-fhs4 5majodty of the entire Town Board bo
-Except as othevise specically provided in this Agreement the City shall
exercise no extraterritorial jurisdiction The limitation on the Citys 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-southartedal 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 SHighway 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 2018Co
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 ofthe owners of the lands exclusive of any right-of-waythat
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 72003 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
Citys obligations ito maintain access to Town territory iinot to
interem with Town utilities and iiito restore the dght of way or
easement in accordance with commonly accepted practices
The Town will not interere 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 attachmenton the same extension cost and
payment terms as those generally applrcble to similarly situated lands
within the City prowded 1such servicscould 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 62237a Wis Stats 1999-2000the 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 237aWis Stats Co
The EZC shall also have jurisdiction within the Buffer Zone for the purposes
of section 4bPrint
date March 72003 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-theTownThe 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 StatsThe resolution
by which each Party approves this Agreement shall authorize participation
in the preparation of a plan as provided in sec 66 0307
4aStatsand the clerk of each Party shall give notice of such resolution as
required by sec 66 0307 4aStatsAny failure
to comply with paragraph a may be cured by adopting a new resolution and
giving notice as provided in sec 66 0307 4aStatsnot later than
45 days after the date of commencement of the term of this Agreement To
the
extent it isdetermined not to be contrary to the public interest after the hearings
comments and review by the Department of Administration required by
sec 66 0307 4and5 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 CommonCouncil in place of annexation under
section 3 e ofthis 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 bc or d of this Agreement by adoption of an ordinance by a
simple majority of the City s COmmonCouncil Print date
March 7 2003 4
EXHIBIT I
The cooperative plan shall provide that no part of the Town-maybe incorporated
pdor to March 1 2008go
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 apart 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 gthe
Town shall request the Court and the Department of Administration todismiss
the currently pending incorporation petition For purposes of this section
final approval means that the Department of Administration hasissued
its approval under Wis Stat sec 66 03075and 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 03075by February 28 2005 or such
later date as mutually agreed in writing by the Parties or if the approval
isreversed by the courts and no further appeal or proceeding ispossible
to have the approval reinstated then this Agreement shall terminate
and the pending incorporation petition may proceed with the Town
ssupport Pdnt
date March 7 2003 5
EXHIBIT I
Term This Agreement shall commence upon being signed by the Parties and
shall terminate at 1159 pm 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 ivthe 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 Directorsreceipt 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-matterspresented
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 awritten
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 sactual 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 11b
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 89380 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 eitherParty 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 Partys 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 2d and 5b 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 Citys
Common Council and the Towns 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 Spanfulr-lJ n
Chairperson
By Betsy KdhdeTovnCe
kDated this 11th day of Mamh
2003 Approved as to
Form CITY oF
OSHKOSH BYRi-hrWn ag
er Parhela R Ubd City
er Print date March 7200311