HomeMy WebLinkAbout13. 20-437 OCTOBER 27, 2020 20-437 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE 2021 BUSINESS IMPROVEMENT DISTRICT
OPERATING PLAN AND BUDGET
INITIATED BY: DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT
DISTRICT BOARD
BID BOARD RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
attached Downtown Oshkosh Business Improvement District 2021 Operating Plan and
Budget in the amount of$140,610.00 and carried forward reserves and revenues is hereby
approved and adopted.
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau
Associate Planner
DATE: October 22, 2020
RE: Approval of the 2021 Downtown Oshkosh Business Improvement District
Operating Plan and Budget
BACKGROUND
The Downtown Oshkosh Business Improvement District (BID) Board is required to develop an
annual Operating Plan which includes a budget and calculation of assessment according to the
statutory formula. The contents of the Plan are mandated by Statute and have been approved
by the City Attorney as consistent with statutory requirements. The BID is a self -assessing entity
and receives no direct City funding for their operating budget. The Common Council's role is to
review and approve or deny the plan/budget as presented. Any suggested changes or alterations
to the plan or budget must be referred back to the BID Board for their consideration.
ANALYSIS
The BID Board approved their 2021 Operating Plan and Budget at their regular meeting on
October 201'. The proposed assessment for the BID is $140,610.00, the same amount as their 2020
assessment. The Board maintained their minimum and maximum assessments, of $420.00 and
$8,400.00, respectively. Most of the BID properties falling between the minimum and maximum
assessments will see a slight decrease in their assessment due to the creation of a new tax parcel,
the Washington Apartments garage lot, 108 Waugoo Avenue.
The BID will continue its efforts of enhancing and promoting the Downtown through its
beatification and advertising/marketing programs and assist new and existing BID businesses
with its Recruitment and Retention Fund Grant programs. The BID has also implemented a
Mural Grant Program to provide funds to artists and property owners within the BID to
encourage exterior artwork that contributes to the beautification and economic vitality of the
downtown. The BID will continue support of key downtown events including the Saturdays
Farmers Market, Waterfest, Wine Walks, Live at Lunch, Chalk Walk and Holiday events. In 2017,
the BID assumed organization and planning of the Downtown Holiday Parade from the
City Hall • 215 Church Avenue • P.O. Box 1 130 - Oshkosh, WI 54903-1130
http://www.ci.oshkosh.wi.us
Oshkosh Chamber of Commerce. Unfortunately, the 2020 Holiday Parade has been canceled
due to the pandemic. However, the BID is planning several holiday-themed activities
throughout November and December and the public will get to experience enhanced holiday
decor, especially around Opera House Square.
For 2021, the BID Board has approved $15,000 to continue support of the City's Parking Utility.
This amount will be funded the from the BID's Reserve Fund as was done in 2020.
As part of the downtown beautification efforts, the BID will continue maintenance of 104 flower
pots, bump -outs along N. Main Street and High Avenue and other landscape areas throughout
the BID including public parking lots. The BID recently competed an updated cycle of street
pole banners which are changed five times annually providing a fresh look to the streetscape.
Funding for the banners were provided by local businesses and organizations for a three year
commitment.
As a whole, the assessed property value of the BID is currently $60,265,800 which is an increase
of $93,600 over last year. The creation of the Washington Apartments garage lot was the major
contributor to the increase, however, a few properties experienced minor decreases in their
values.
After 30-plus years of calling the Oshkosh Chamber of Commerce its home, the BID relocated
its office to the Oshkosh Convention and Visitors Bureau (CVB) office, 100 N. Main Street. This
was an objective identified in the BID's recently approved 2021-2025 Strategic Plan. The move
gives the BID Manager a physical presence in the BID and will allow for increased engagement
with BID members. The BID and Chamber has and will continue to have a strong working
relationship to ensure the vitality of the downtown.
FISCAL IMPACT
The BID is a self -assessing entity and receives no direct City funding for their operating budget.
In terms of fiscal impact on BID property owners, most assessable properties will have minor
decreases to their assessments mostly ranging from 1.50% to 2.00%.
RECOMMENDATION
The BID Board approved their 2020 Operating Plan and Budget at its regular meeting on October
20, 2020.
Respectfully Submitted,
Jeffrey L. Nau
Associate Planner
Approved,
Mark A. Rohloff
City Manager
City Hall • 215 Church Avenue • P.O. Box 1 130 • Oshkosh, WI 54903-1130
http://w .ci.oshkosh.wi.us
DOWNTOWN OSHKOSH
BUSINESS IMPROVEMENT DISTRICT
2021 OPERATING PLAN
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Oshkosh
BID Board Approved: October 20, 2020
Common Council Approved: XXX, 2020
TABLE OF CONTENTS
DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES...................................................I
INTRODUCTION..........................................................................................................................2
THEBID LAW..............................................................................................................................2
2021 OPERATING PLAN AND ASSESSMENT.......................................................................3
PROGRAM CATEGORIES...............................................................................3
ORGANIZATION.........................................................................................................................6
RELATIONSHIP TO DOWNTOWN PLANNING...................................................................6
DOWNTOWN OSHKOSH BID ASSESSMENT METHOD....................................................7
APPENDIX A - BUDGET.................................................................................8
APPENDIX B - ASSESSMENT ROLL.......................................................................................9
APPENDIX C - WISCONSIN STATUTES, SECTION 66.1109............................................it
APPENDIX D - LEGAL OPINION...........................................................................................13
APPENDIX E - DOWNTOWN OSHKOSH BID BOARD ROSTER....................................14
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Downtown Oshkosh Business Improvement District Boundaries
In general, the boundaries of the Downtown Oshkosh Business Improvement District are the Fox
River on the south, Division Street on the west, Parkway Avenue on the north and Jefferson
street/State Street on the east.
1
INTRODUCTION
In 1980, the Common Council adopted the Downtown Redevelopment Plan and Implementation
Strategy. The Plan recommended increasing organizational efforts between the public and
private sectors as well as establishing a voluntary special assessment district. A follow-up study,
Planning Report - Central City Oshkosh, approved by the Common Council in 1987, expanded
various elements of the previous plan and in particular recommended the creation of a
management vehicle and funding base to serve the downtown area. The management tool
recommended was a Business Improvement District.
The Downtown Oshkosh Business Improvement District (BID) is an essential entity to the
Central Business District of Oshkosh. The BID, created in 1987, has maintained its initial
premise to retain available free parking in the downtown, as well as proactively support
revitalization efforts. Through the BID, property owners assess themselves to pay for activities
to enhance and improve the downtown and to bring customers to the area.
The downtown continues to change as the mix of residential, commercial and professional
occupants fill the district. The BID welcomes these changes as opportunities to continue
economic development in our central city.
BID LAW
On April 6, 1984, the State of Wisconsin passed a law (Act 184), which allows for the creation
of Business Improvement Districts. The law authorizes cities, villages and towns to create one
or more business improvement districts to allow businesses within those districts to develop,
manage, maintain and promote their districts and to establish an assessment method to fund these
activities. A BID must be a geographic area within a municipality consisting of contiguous
parcels that are subject to real estate taxes.
The formation of a Business Improvement District allows downtown business people, property
owners, merchants, City officials and others to work together to determine what needs to be done
to upgrade and strengthen the downtown and to pay the cost of those efforts, in whole or in part.
It is a way for downtown stakeholders to decide what they want and to finance it.
A BID is the best available method for business people to organize, coordinate marketing and
promotion efforts, provide management and maintenance programs and encourage business
development. It affords property owners and business people a viable role in directing those
affairs within the district. It also ensures that all beneficiaries of District programs participate in
the funding of the programs.
Appendix C is a copy of the Wisconsin Statutes Section 66.1109, regarding business
improvement districts.
2
DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT
2021 OPERATING PLAN AND ASSESSMENT
The Downtown Oshkosh BID has established allocations for the 2021 Operating Plan for each
program category after reviewing previously supported activities and soliciting proposals for
events. All costs related to the program categories listed below will be incurred in the calendar
year 2021.
The Downtown Oshkosh Business Improvement District Board will carry out the proposed
program of activities listed below and as shown on the Budget in Appendix A of this Plan. The
budget is separated into the following categories; Leadership, Recruitment/Retention/Mural
Grants, Events, Advertising, Gift Card Program, Marketing Consortium, Beautification, Parking,
Storage Unit and Reserves/Capital Improvements.
The BID will assess itself $140,610.00 in 2021.
PROGRAM CATEGORIES
Leadership $74,000
Oshkosh Convention and Visitors Bureau Service Contract (BID Manama) $70,000
The BID contracts with the Oshkosh Convention and Visitors Bureau for the services of the
BID Manager who is a full time employee of the BID. Expenses from this line item also
include postage, employment benefits and other payroll/salary related expenses. This
category also covers the BID Manager participation in professional development
opportunities such as conferences, expos and business meetings.
Website Maintenance & Office SUnnlies $4.000
Expenses from this line item will cover any costs associated with the downtownoshkosh.com
website. This line item will also cover any needed office supply costs such as (but not limited
to) envelopes, business cards, folders, etc.
Recruitment/Retention/Mural Grant Programs $0
Money to be disbursed based on approved applications submitted; grant amounts vary based
on requested/approved grant amounts. $20,000 to be transferred from Reserves/Capital
Improvements to Recruitment/Retention/Mural Grant Program in 2021.
Recruitment Fund Grant
The Recruitment Fund Grant is offered as an incentive tool to recruit small businesses to fill
vacant spaces and energize the downtown. This grant can be used for leasehold
improvements, signage, fixtures and inventory/equipment. Recruitment print materials are
also taken from this line item.
Retention Grant Program
The Retention Grant Program was created to provide funds to businesses and/or property
owners within the BID to assist with exterior building improvements including but not
limited to facades, windows, doors and signage. The purpose of this grant is to improve the
business climate in Downtown Oshkosh, enhance the quality of life and to encourage the
development and maintenance of the buildings within the Business Improvement District.
Retention print materials are also taken from this line item.
Mural Grant Program
The Mural Grant Program was established to provide funds to property owners/artists within
the BID to encourage exterior artwork that contributes to the beautification and economic
vitality of the Downtown Oshkosh BID.
Events $11,500
Waterfest $2,000
Waterfest is a summer concert series that occurs on Thursday nights at the Leach
Amphitheater, brought to the community by the Oshkosh Chamber of Commerce. The event
brings a significant number of visitors to the downtown area, many of whom patronize
downtown businesses before and after the event.
Live at Lunch $500
Live at Lunch is a free family -friendly event showcasing the area's best local music artists,
restaurants and businesses over the noon hour. Live at Lunch takes place every Wednesday,
June through August at Opera House Square and is organized by the Oshkosh Chamber of
Commerce. The BID support reflects the increased traffic generated by this event to the
downtown area.
Wine Walk(s) $750
This is a BID event that happens two times throughout the year. The purpose of this event is
to have attendees shop & explore Downtown Oshkosh while enjoying samples of wine within
each participating business.
Holiday Parade $750
Previously ran for many years by the Oshkosh Chamber of Commerce, the BID continues the
tradition of holding a nighttime parade in Downtown Oshkosh in the month of November.
This is a great community event that brings thousands of people to the downtown area.
Farmers Market $5,000
With over 140 vendors every Saturday morning, the Downtown Market brings the Oshkosh
community fresh, in -season produce, meats, flowers, hand-crafted items and more. It is a
major attraction that brings thousands of people downtown each week. This event takes place
every Saturday from 8:OOam-12:30pm on the 400 and 500 blocks of N Main Street and 100
block of Church Avenue.
Downtown Events $2,500
An additional $2,500 has been budgeted for new and other miscellaneous downtown events
and activities throughout 2021.
Advertising $0
Zero dollars will be assessed for the 2021 Advertising budget. However, $15,000 will be
transferred from Reserves/Capital Improvements to the Advertising budget and will be used
.19
to promote and market Downtown Oshkosh throughout 2021.
Gift Card Program $1,000
Funds used to support the ACH pooling account, including the monthly fee of the program
and transaction fees.
MemberCO $3,000
Membership Donations
Fees collected from businesses who want to be a part of the Marketing Consortium group.
These funds are primarily used for promotional materials.
Additional Activities & Marketing Materials $850
Seed money to be used for any additional activity ideas generated in 2021. In addition, these
funds are used for marketing materials, such as block captain brochures and holiday
promotions.
Holiday $2,000
Holiday is a combination of events and marketing pieces put together in November and
December. The majority of this fund goes towards Whoville Holiday, featuring Breakfast
with the Grinch, which is the main event. The Holiday Committee also promotes Shop Local
throughout the holiday season.
Downtown Chalk Walk $150
2021 will be the 8th annual Chalk Walk event in Downtown Oshkosh. The money on this line
item is used to cover the cost of street barricades for the day of the event.
Beautification $50,450
Contracted Services $25.000
The BID contracts with a private contractor to undertake certain routine cleaning, removing
litter and landscape maintenance. This also includes the watering of our 104 flower pots,
removal of flowers in all pots and bump outs in the fall and removal of holiday boughs at the
end of winter/early spring. A portion of these funds are also used for expenses related to
maintaining and improving landscaped areas.
Holiday $8,500
These funds will be used for holiday decorations including holiday decor for the BID's 104
flower pots, lighting of the nine trees around Opera House Square and replacement light
strands.
Planter Maintenance $13,950
These funds will be used for contracted maintenance and plant materials for spring planting
of the BID's 104 flower pots and also plant material and maintenance of the clock and sign
area in Opera House Square. These funds also cover costs for plantings and maintenance of
the bump outs within the BID. $3,050 will be transferred to Planter Maintenance out of
Reserves/Capital Improvements in 2021.
Seagull Mitigation Project $3,000
The BID contracts with the U.S. Department of Agriculture's Wildlife Services team for the
removal of seagull eggs and nests throughout the downtown area. This is a multi -year process
and the $3,000 will be designated for the 2021 contract with the USDA.
Parking $0
Zero dollars will be assessed for the 2021 City Parking Utility obligation. However, $15,000
will be transferred from Reserves/Capital Improvements to be paid to the Parking Utility.
Storage Unit $660
This line item is to cover the rental cost of the BID's storage unit. The storage unit is
needed to store Marketing Consortium event materials and any additional materials.
Reserves/Capital Improvements
These funds have been set aside by the Board for projects and programs to support BID
businesses. Any unspent funds from 2021 will be transferred into this account, unless
otherwise mentioned as a rollover or transfer into a different line item.
ORGANIZATION
Pursuant to Section 66.1109(3), Wisconsin Statutes, a Downtown Business Improvement District
Board has been appointed by the Mayor and confirmed by the Common Council. The Board is
comprised of thirteen (13) members and two (2) alternate members representing the following
interests: The Mayor may also appoint two non -voting youth members.
3 Owner/Non-Occupant
5 Non-Owner/Occupant
5 Owner/Occupant
2 Alternates
By -Laws Amended March 19, 2019
The distribution of non -occupant owners and owners/occupants may vary from time to time, as
members are reappointed or as new members join the Board. Per section 66.1109 (3a),
Wisconsin Statutes, a majority of the board members shall own or occupy real property in the
Business Improvement District. Nonresidents of the City of Oshkosh are permitted as members
of the Downtown Oshkosh Business Improvement District Board. Other membership
requirements may apply per the `By -Laws of the Downtown Oshkosh Business Improvement
District" (dated December 19, 1989, amended June 15, 2004, April 19, 2011, April 18, 2017
October 16, 2018 and March 19, 2019).
In addition, Board members represent different areas within the District, including large and
small businesses. As a City entity, the Board will conduct its affairs under the open meetings
law and public record requirements. The Director of Community Development or designee
serves as the Secretary of the Board. Board meetings are held the third Tuesday of the month,
starting at 8:00am, at Oshkosh City Hall or other venue within the BID. A roster of the 2021
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BID Board members is included as Appendix E.
The Board is responsible for the management of the Business Improvement District.
Responsibilities of the Board include implementing the Operating Plan and preparing annual
reports on the District. The Board will also annually consider and make changes to the
Operating Plan and submit the Operating Plan and Budget to the Common Council for approval.
RELATIONSHIP TO DOWNTOWN PLANNING
Creation of the Business Improvement District promotes the orderly development of the
municipality by implementing recommendations of the City Comprehensive Plan, Downtown
Action Plan and Imagine Oshkosh that contain various elements related to downtown design and
development with prominent focus on beautification in BID areas as well as the promotion of
downtown tourism. In 2000, the Common Council adopted the Downtown Action Plan, which
contains various elements related to downtown design and development with prominent focus on
redevelopment and beautification in BID areas. In November of 2017, the Common Council
adopted Imagine Oshkosh, A Master Plan for our Center City. Imagine Oshkosh is an update
and expansion to the Downtown Action Plan and serves as a policy guide and action framework
for the center city which includes the BID. The Downtown Oshkosh Business Improvement
District is consistent with and critical to the continued successful implementation of these
downtown plans. The BID enables the private sector to undertake promotion, management,
marketing and other programs essential to a prosperous downtown.
7
DOWNTOWN OSHKOSH BID ASSESSMENT METHOD
The Downtown Oshkosh Business Improvement District special assessment method utilizes
assessed value information and property street footage data, both of which are available from the
City Assessor's Office. As the absolute values of assessed value and footage cannot be
combined, the values are calculated as a percentage of the total assessed value and a percentage
of the street footage. The two percentages are added together, then divided by 200 percent,
which results in a proportionate value of the total district.
In 2019, the BID increased the minimum special assessment from $400.00 to $420.00 and the
maximum special assessment from $8,000.00 to $8,400.00, representing a 5% increase. The
2021 minimum and maximum assessments will not be increased, staying at $420.00 &
$8,400.00, respectively.
Properties with a proportionate value between 0.0000% and 0.2486% are assessed the minimum
special assessment of $420.00.
Properties with a proportionate value greater than 5.7100% are assessed the maximum special
assessment of $8,400.00.
For properties with a proportionate value between 0.2487% and 5.7099% - The property's
proportionate value is multiplied by $1,633.5862, resulting in the special assessment for the
property.
Example: 101 Algoma Boulevard has a Proportionate Value of 0.330955%. When
multiplied by $1,633.5862, the special assessment is $540.64.
(0.330955% x $1,633.5862= $540.64)
The raw data, assessment calculations and proposed District assessment for each property in the
Downtown Oshkosh Business Improvement District are presented in Appendix B. The data for
the assessment method have been obtained from the files of the City Assessor and are subject to
final tabulation by the City. To account for street front footages, the frontage of the property's
primary address as identified by the City Assessor is used. Properties with more than one street
frontage are not combined.
Only property used for commercial and manufacturing purposes, including real property used
exclusively for manufacturing purposes, in the District will be assessed. Real property used
exclusively for residential (single and two-family) purposes will not be assessed.
N.
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11
APPENDIX C
66.1109 Business improvement districts.
(1) In this section:
66.1109(1)(a)(a) "Board" means a business improvement district board appointed under sub. (3) (a).
(b) "Business improvement district" means an area within a municipality consisting of contiguous parcels and may include railroad rights -of -way, rivers,
or highways continuously bounded by the parcels on at least one side, and shall include parcels that are contiguous to the district but that were not
included in the original or amended boundaries of the district because the parcels were tax-exempt when the boundaries were determined and
such parcels became taxable after the original or amended boundaries of the district were determined.
(c) "Chief executive officer" means a mayor, city manager, village president or town chairperson.
(d) "Local legislative body" means a common council, village board of trustees or town board of supervisors.
(e) "Municipality" means a city, village or town.
(i) "Operating plan" means a plan adopted or amended under this section for the development, redevelopment, maintenance, operation and promotion of
a business improvement district, including all of the following:
1. The special assessment method applicable to the business improvement district.
1m. Whether real property used exclusively for manufacturing purposes will be specially assessed.
2. The kind, number and location of all proposed expenditures within the business improvement district.
3. A description of the methods of financing all estimated expenditures and the time when related costs will be incurred.
4. A description of how the creation of the business improvement district promotes the orderly development of the municipality, including its
relationship to any municipal master plan.
5. A legal opinion that subds. 1. to 4. have been complied with.
(g) "Planning commission" means a plan commission under s. 62.23, or if none a board of public land commissioners, or if none a planning committee of
the local legislative body.
(2) A municipality may create a business improvement district and adopt its operating plan if all of the following are met:
(a) An owner of real property used for commercial purposes and located in the proposed business improvement district designated under par. (b) has
petitioned the municipality for creation of a business improvement district.
(b) The planning commission has designated a proposed business improvement district and adopted its proposed initial operating plan.
(c) At least 30 days before creation of the business improvement district and adoption of its initial operating plan by the municipality, the planning
commission has held a public hearing on its proposed business improvement district and initial operating plan. Notice of the hearing shall be
published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the proposed initial operating plan
and a copy of a detail map showing the boundaries of the proposed business improvement district shall be sent by certified mail to all owners of
real property within the proposed business improvement district. The notice shall state the boundaries of the proposed business improvement
district and shall indicate that copies of the proposed initial operating plan are available from the planning commission on request.
(d) Within 30 days after the hearing under par. (c), the owners of property to be assessed under the proposed initial operating plan having a valuation
equal to more than 40 percent of the valuation of all property to be assessed under the proposed initial operating plan, using the method of
valuation specified in the proposed initial operating plan, or the owners of property to be assessed under the proposed initial operating plan
having an assessed valuation equal to more than 40 percent of the assessed valuation of all property to be assessed under the proposed initial
operating plan, have not filed a petition with the planning commission protesting the proposed business improvement district or its proposed
initial operating plan.
(e) The local legislative body has voted to adopt the proposed initial operating plan for the municipality.
(2m) A municipality may annex territory to an existing business improvement district if all of the following are met:
(a) An owner of real property used for commercial purposes and located in the territory proposed to be annexed has petitioned the municipality for
annexation.
(b) The planning commission has approved the annexation.
(c) At least 30 days before annexation of the territory, the planning commission has held a public hearing on the proposed annexation. Notice of the
hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of a detail map showing
the boundaries of the territory proposed to be annexed to the business improvement district shall be sent by certified mail to all owners of real
property within the territory proposed to be annexed. The notice shall state the boundaries of the territory proposed to be annexed.
(d) Within 30 days after the hearing under par. (c), the owners of property in the territory to be annexed that would be assessed under the operating plan
having a valuation equal to more than 40 percent of the valuation of all property in the territory to be annexed that would be assessed under the
operating plan, using the method of valuation specified in the operating plan, or the owners of property in the territory to be annexed that would
be assessed under the operating plan having an assessed valuation equal to more than 40 percent of the assessed valuation of all property in the
territory to be annexed that would be assessed under the operating plan, have not filed a petition with the planning commission protesting the
annexation.
(3)
(a) The chief executive officer shall appoint members to a business improvement district board to implement the operating plan. Board members shall be
confirmed by the local legislative body and shall serve staggered terms designated by the local legislative body. The board shall have at least 5
members. A majority of board members shall own or occupy real property in the business improvement district.
(b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its business
improvement district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body
disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating
plan until local legislative body approval is obtained. Any change to the special assessment method applicable to the business improvement
district shall be approved by the local legislative body.
(c) The board shall prepare and make available to the public annual reports describing the current status of the business improvement district,
including expenditures and revenues. The report shall include one ofthe following:
1. If the cash balance in the segregated account described under sub. (4) equaled or exceeded $300,000 at any time during the period covered by the
12
report, the municipality shall obtain an independent certified audit of the implementation of the operating plan.
2. If the cash balance in the segregated account described under sub. (4) was less than $300,000 at all times during the period covered by the report, the
municipality shall obtain a reviewed financial statement for the most recently completed fiscal year. The statement shall be prepared in
accordance with generally accepted accounting principles and include a review of the financial statement by an independent certified public
accountant.
(cg) For calendar years beginning after December 31, 2018, the dollar amount at which a municipality is required to obtain an independent certified audit
under par. (c) 1. and the dollar amount at which a municipality is required to obtain a reviewed financial statement under par. (c) 2. shall be
increased each year by a percentage equal to the percentage change between the U. S. consumer price index for all urban consumers, U. S. city
average, for the month of August of the previous year and the U. S. consumer price index for all urban consumers, U.S. city average, for the
month of August 2017, as determined by the federal department of labor. Each amount that is revised under this paragraph shall be rounded to the
nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be
increased to the next higher multiple of $10.
(cr) The municipality shall obtain an additional independent certified audit of the implementation of the operating plan upon termination of the business
improvement district.
(d) Either the board or the municipality, as specified in the operating plan as adopted, or amended and approved under this section, has all powers
necessary or convenient to implement the operating plan, including the power to contract.
(4) All special assessments received from a business improvement district and all other appropriations by the municipality or other moneys received for
the benefit of the business improvement district shall be placed in a segregated account in the municipal treasury. No disbursements from the
account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits and
reviewed financial statements required under sub. (3) (c), or on order of the board for the purpose of implementing the operating plan. On
termination of the business improvement district by the municipality, all moneys collected by special assessment remaining in the account shall
be disbursed to the owners of specially assessed property in the business improvement district, in the same proportion as the last collected special
assessment.
(4g) A municipality may convert a business improvement district under this section into a neighborhood improvement district under s. 66.1110 if an
owner of real property that is subject to general real estate taxes, that is used exclusively for residential purposes, and that is located in the
business improvement district petitions the municipality for the conversion. If the municipality approves the petition, the board shall consider and
may make changes to the operating plan under s. 66.1110 (4) (b).
(4m) A municipality shall terminate a business improvement district if the owners of property assessed under the operating plan having a valuation
equal to more than 50 percent of the valuation of all property assessed under the operating plan, using the method of valuation specified in the
operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50 percent of the
assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting termination of the
business improvement district, subject to all of the following conditions:
(a) A petition may not be filed under this subsection earlier than one year after the date the municipality first adopts the operating plan for the business
improvement district.
(b) On and after the date a petition is filed under this subsection, neither the board nor the municipality may enter into any new obligations by contract or
otherwise to implement the operating plan until the expiration of 30 days after the date of hearing under par. (c) and unless the business
improvement district is not terminated under par. (e).
(c) Within 30 days after the filing of a petition under this subsection, the planning commission shall hold a public hearing on the proposed termination.
Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the
operating plan and a copy of a detail map showing the boundaries of the business improvement district shall be sent by certified mail to all
owners of real property within the business improvement district. The notice shall state the boundaries of the business improvement district and
shall indicate that copies of the operating plan are available from the planning commission on request.
(d) Within 30 days after the date of hearing under par. (c), every owner of property assessed under the operating plan may send written notice to the
planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the
business improvement district, or, if the owner did not sign the petition, that the owner requests termination of the business improvement district.
(e) If after the expiration of 30 days after the date of hearing under par. (c), by petition under this subsection or subsequent notification under par. (d),
and after subtracting any retractions under par. (d), the owners of property assessed under the operating plan having a valuation equal to more
than 50 percent of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or
the owners of property assessed under the operating plan having an assessed valuation equal to more than 50 percent of the assessed valuation of
all property assessed under the operating plan, have requested the termination of the business improvement district, the municipality shall
terminate the business improvement district on the date that the obligation with the latest completion date entered into to implement the operating
plan expires.
(6)
(a) Real property used exclusively for residential purposes and real property that is exempted from general property taxes under s. 70.11 may not be
specially assessed for purposes of this section.
(b) A municipality may terminate a business improvement district at any time.
(c) This section does not limit the power of a municipality under other law to regulate the use of or specially assess real property.
(d) If real property that is specially assessed as authorized under this section is of mixed use such that part of the real property is exempted from general
property taxes under s. 70.11 or is residential, or both, and part of the real property is taxable, the municipality may specially assess as authorized
under this section only the percentage of the real property that is not tax-exempt or residential. This paragraph applies only to a 1st class city.
History: 1983 a. 184; 1989 a. 56 s. 258; 1999 a. 150 s. 539; Stats. 1999 s. 66.1109; 2001 a. 85; 2017 a. 59, 70, 189.
13
APPENDIX D
Legal Opinion
14
APPENDIX E
Downtown Oshkosh Business Improvement District Board Members
Board Member
Category
Term Expires
Marlo Ambas
Owner/Occupant
5/31/2021
Chanda Anderson
Non-Owner/Occupant
5/31/2021
Megan Lang, Chair
Owner/Non-Occupant
5/31/2022
Kris Larson, Vice Chair
Owner/Occupant or Non-
5/31/2022
Owner/Occupant
VACANT
Non-Owner/Occupant
5/31/2023
Sandy Prunty
Owner/Occupant
5/31/2022
David Krumplitsch
Non-Owner/Occupant
5/31/2023
Carrie Olson
Owner/Occupant
5/31/2022
James Stapel
Owner/Non-Occupant or
5/31/2023
Owner/Occupant
VACANT
Non-Owner/Occupant
5/31/2021
Andy Ratchman
Non-Owner/Occupant
5/31/2021
James Evans
Owner/Occupant
5/31/2023
Aaron Armstrong
Owner/Occupant
5/31/2021
Dr. Jill Anderson
Alternate #1
5/31/2021
VACANT
Alternate #2
5/31/2022
15
APPENDIX A: 2021 DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT BUDGET
REVENUE - 2021 BID ASSESSMENT
$
140,610
EXPENSES
$
140,610
Breakdown
Total
Leadership
$
74,000
Oshkosh CVB Service Contract (BID Manager)
$
70,000
Website Maintenance/Office Supplies
$
4,000
$
74,000
Recruitment, Retention & Mural Grant Programs*
$
-
(*$10,000 to be transferred from Reserves/Cl)
Events
$
11,500
Waterfest
$
2,000
Live at Lunch
$
500
Wine Walk(s)
$
750
Holiday Parade
$
750
Farmers Market
$
5,000
Other Events
$
2,500
$
11,500
Advertising ($15,000 to be transferred from Reserves/CI)
$
-
Gift Card Program
$
1,000
MemberCO
$
3,000
Membership Fees
$
-
Additional Activities and Marketing Materials
$
850
Holiday
$
2,000
Chalk Walk
$
150
$
3,000
Beautification
$
50,450
Contracted Services
$
25,000
Holiday
$
8,500
Planter Maintenance*
$
13,950
Seagull Mitigation Project
$
3,000
(*Additional $3,050 to be transferred from Reserves/Cl)
$
50,450
Parking ($15,000 to be transferred from reserves/CI)
$
-
Storage Unit
$
660
$
140,610
Reserves/Capital Improvements
(Approximately $63,500 at beginning of 2021; $20,450 after transfers)