HomeMy WebLinkAbout10.21.2025 Business Improvement District Full Agenda
TO: Downtown Oshkosh Business Improvement District Board
FROM: Megan Lang, Chair
DATE: October 17, 2025
PLEASE BE ADVISED the Downtown Oshkosh Business Improvement District Board will hold
a regular meeting at 8:00 A.M., Tuesday, October 21, 2025 at City Hall 215 Church Ave. Room
404, Oshkosh, WI to consider the following agenda:
AGENDA
I. Call to Order
II. Police report for Downtown
III. Approve Minutes of the September 16, 2025 Meeting
IV. Approve Monthly Financial Report
V. Approve BID Bylaw Changes
VI. Approve BID Budget and Operating Plan
VII. Main Street Gathering Area Update
VIII. Updates with new Downtown Gift card Program
IX. BID Manager and BID Committee Reports
a. Events
a. Holiday Parade
b. Member Co
c. Beautification
a. Approve Retention Grant for Sugar Rushlow
X. Board Member Comments
XI. Identification of Agenda Items for the November 18, 2025 Meeting
XII. Adjournment
1
Downtown Oshkosh BID Board Minutes
September 16, 2025
Present: Megan Lang, James Evans, Barb Nelson, Autumn Urban, Sandy Prunty, Andy
Ratchman, Chanda Anderson, Marlo Ambas, Derek Mulloy, Logan Jungbacker.
Absent: Jim Stapel, Carrie Olson, Kris Larsen – Council Liaison
Staff: Collen Bies – BID Manager, City of Oshkosh Sara Rutkowski Community
Development Director and Patrol Officer Bonnett
Others: Bill Bracken – Farmer’s Market
I. Call to Order
Ms. Lang called the meeting to order at 8:04 am. A quorum was declared present.
II. Police Report for Downtown
Comments were made about the appreciation for the Home Base Downtown and the
responsiveness of the officers.
III. Approve Minutes of the August 19, 2025 Meeting (Prunty, Jungbacker)
IV. Approve Monthly Financial Report (Prunty, Anderson)
Spending is roughly at 65% and on track budget-wise. Funding is still available for grants.
Discussion was held on the retention grants, Jungbacker suggested increasing the funds
available per application and adjusting who or what items would be available for the grants.
Spring beautification blitz was discussed as a possibility to make it easier for applications. A
committee will be created to discuss the grant programs and see what changes could be brought
forward.
V. 400 East String Lighting
Discussion was held that both property owners are interested with developing that space into
more of a gathering space. Ms. Bies and City Staff will discuss options and bring a presentation
back to the board.
VI. Vote on BID/DOI Contract
Motion to approve the contract (Prunty, Ratchman)
Roll Call Vote:
Megan Lang - yes
James Evans - abstain
Barb Nelson - abstain
Autumn Urban - yes
Sandy Prunty - yes
Andy Ratchman - yes
2
Chanda Anderson -abstain
Marlo Ambas yes
Derek Mulloy - yes
Logan Jungbacker – abstain
Motion carried with 6 ayes, 4 abstains
VII. Downtown Gift Program Updates
Program should be ready to be implemented by November to time right with the Holiday
season. Colleen will be working with business owners as it progresses. The financials are one of
the final steps to be worked out. A promotion will be held to handle the older gift cards still
present in the community and a grace period offered to allow them to be used.
VIII. BID Manager and BID Committee Reports
The police presence has been incredibly helpful at the BID events. Boos and Brews is coming up
on October 11, with ticket numbers higher than last year already. Holiday wine walk business
sign up is live. Holiday Parade Committee is meeting and sponsorship funds have been
offered. Bus advertising will occur in the Fall. MemberCo had some discussion on the ability to
put up signage with the bridge closing.
IX. Board Member Comments
Bracken requested additional funding ($5,000) to support a part-time person to assist the
Farmer’s Market.
X. Identification of Agenda Items for the October 2025 Meeting
Bid Budget discussion (Farmer’s market request)
400 E Alley
BID/DOI Contract
By-laws update (City Ordinance changes at the same time)
Grand Opera House Update if possible
New Bus Station Update
XI. Adjournment Adjourned 9:01 am (Anderson, Jungbacker).
10/16/2025 2025 Spend To Date
Allocation YTD Days to Date % of the Year
$269,300.00
Budget Actual
Revenue - 2024 BID Assessment
Revenue - Sponsorship
Revenue - Event Income
Revenue - ARPA Funding
Revenue - Vibrant Spaces Grant
Interest-Other Investment
$269,300.00 $267,959.73
Reserves / Capital Improvements
Leadership 69.69%
68.72%
Recruitment/Retention/Beautification Grants
Events 74.33%
Advertising 64.14%
Gift Card Program New Program
Arts & Beautification 51.54%
Storage Unit 91.67%
288 79%
OSHKOSH CONVENTION AND VISITORS BUREAU INC $128,000.00 $(89,198.32)
Website Maintenance/Office Supplies $5,000.00 $(4,471.02)
Training $1,000.00 $(692.07)
Strategic Planning $10,000.00 $(10,798.53)Completed
$20,000.00 $(1,400.00)2 prospects
Waterfest $2,500.00 $(2,500.00)Completed
Music in the Square/Lunch Events $15,000.00 $(10,662.45)Completed
Wine/Beer Walks $10,000.00 $(8,217.45)
Holiday $15,000.00 $(8,678.74)
Chalk Walk $4,000.00 $(4,127.20)Completed
Farmers Market $5,000.00 $(5,000.00)Completed
Chocolate Stroll $500.00 $(692.80)Completed
Downtown Events $2,500.00 $(629.39)Under Budget
$15,000.00 $(9,621.00)
$1,000.00 $(6,750.00)Expected
Maintenance $10,000.00 $(5,154.17)
Holiday/Seasonal Plantings $20,000.00 $(11,388.36)
Seagull Mitigation Project $3,000.00 $(3,433.00)Completed
$1,800.00 $(1,650.00)
$140,610.00 $134,832.16
$35,000.00 $25,644.54
$43,690.00 $22,217.74
$50,000.00 $50,000.00
$- $27,872.43
$- $7,392.86
$123,121.01 $151,952.49
69.69%
89.42%
69.21%
107.99%
100.00%
71.08%
82.17%
57.86%
103.18%
100.00%
138.56%
25.18%
51.54%
56.94%
114.43%
DOWNTOWN OSHKOSH
BUSINESS IMPROVEMENT DISTRICT
2026 OPERATING PLAN
BID Board Approved:
Common Council Approved:
TABLE OF CONTENTS
DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES .............................................................. 1
INTRODUCTION ..................................................................................................................... 2
THE BID LAW ......................................................................................................................... 2
2025 OPERATING PLAN AND ASSESSMENT ............................................................................. 3
PROGRAM CATEGORIES…………………………………………………………………………………………………………3
ORGANIZATION ..................................................................................................................... 6
RELATIONSHIP TO DOWNTOWN PLANNING ........................................................................... 7
DOWNTOWN OSHKOSH BID ASSESSMENT METHOD .............................................................. 8
APPENDIX A - BUDGET ……………………………………………………………………………………………………………9
APPENDIX B - ASSESSMENT ROLL ......................................................................................... 10
APPENDIX C - WISCONSIN STATUTES, SECTION 66.1109 ....................................................... 12
APPENDIX D - LEGAL OPINION ............................................................................................. 14
APPENDIX E - DOWNTOWN OSHKOSH BID BOARD ROSTER .................................................. 15
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 St. on the west, Parkway Ave. on the north and Jefferson St./State St. on the east.
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 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.
As of 2026, Downtown Oshkosh, Inc. (DOI), a nonprofit organization, is under contract with the
BID to administer the Operating Plan. This transition allows for professionalized service delivery
and greater alignment with broader downtown revitalization efforts.
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 businesspeople, 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 businesspeople to organize, coordinate marketing and
promotion efforts, provide management and maintenance programs and encourage business
development. It affords property owners and businesspeople 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 BIDs.
DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT
2026 OPERATING PLAN AND ASSESSMENT
The Downtown Oshkosh BID has allocated funds for the 2026 Operating Plan based on
historical priorities and current needs identified by the BID Board. All expenses outlined below
will be administered through a professional services contract with Downtown Oshkosh, Inc.
(DOI), which is responsible for implementing the BID Operating Plan on behalf of the Board.
The BID budget is organized into the following categories:
Program Management & Administration, Beautification & Public Space Improvements, Grant
Programs, Marketing & Promotion, and Reserves.
The BID will assess itself $134,832.17 in 2026.
PLAN OF ACTION/GOALS
The BID will continue to invest in projects, partnerships, and services that enhance the
economic vitality, appeal, and functionality of the downtown district. In 2026, the BID will focus
on initiatives that leverage the contractual relationship with Downtown Oshkosh, Inc. (DOI) to
ensure coordinated execution of programs while maintaining clear organizational separation
and accountability. These goals directly align with the BID’s mission and the 2026 budget
priorities.
1. Maintain a clean, safe, and welcoming downtown: Continue year-round maintenance,
beautification projects, and public space enhancements to ensure a positive experience
for residents, workers, and visitors.
2. Support business recruitment and retention: Work with DOI, the City, and economic
development partners to strengthen the downtown business mix, encourage
investment, and fill service gaps.
3. Enhance public spaces with seasonal plantings, décor, and art installations: Build on the
BID’s identity by creating vibrant, attractive spaces that encourage people to linger and
return.
4. Increase downtown marketing visibility: Fund coordinated marketing campaigns that
highlight downtown businesses and events, targeting both local residents and visitors.
5. Strengthen partnerships to deliver events and programs that drive economic activity:
Collaborate with local organizations to produce well-promoted events that support
business revenue and foster community pride.
PROGRAM CATEGORIES
This Operating Plan reflects the portion of the Downtown Oshkosh, Inc. budget that is funded
through BID assessments and subject to public reporting. As DOI is an independent nonprofit
organization, the remainder of its operating budget, which includes sponsorships, private
fundraising, and grants; is not included here but is managed under standard nonprofit
governance and oversight.
The Downtown Oshkosh BID has allocated funds for the 2026 Operating Plan based on
historical priorities and current needs identified by the BID Board. All expenses outlined below
will be administered through a professional services contract with Downtown Oshkosh, Inc.
(DOI), which is responsible for implementing the BID Operating Plan on behalf of the Board.
Program Management & Administration
DOI Service Agreement Contract
Through its contract with Downtown Oshkosh, Inc. (DOI), the BID funds professional
management services to implement the Operating Plan. This includes staffing,
administrative overhead, financial tracking, program coordination, stakeholder
engagement, and compliance reporting.
Beautification & Public Space Improvements
Funds allocated to enhance and maintain the physical appearance and appeal of Downtown
Oshkosh through seasonal plantings, cleanup efforts, and the ongoing seagull mitigation
project.
Monthly Maintenance
The Downtown BID maintains many different beautification efforts throughout the
downtown area from seasonal banners and tree lightings to murals and garbage cleanup.
Seasonal Plantings
These funds will be used for flowers for the BID’s 103 flower pots and 20+ bump outs as
well as holiday greens and decor for the pots in the winter months.
Seagull Mitigation Project
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 with a contract with the USDA.
Grant Programs
To support revitalization and economic development, BID funds are allocated to grant
programs for business recruitment, property beautification, and public art. All programs are
administered and promoted by DOI.
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.
Beautification Grant Program
The Beautification 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. Beautification 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.
Marketing & Promotion
Targeted promotional efforts to increase awareness and visibility of Downtown Oshkosh
and its events, programs, and businesses. BID marketing is managed by DOI and includes
print, digital, and social outreach specifically funded by the BID assessment.
Reserves/Capital Improvements
These funds have been set aside by the Board for projects and programs to support BID
businesses. Any unspent funds from 2026 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 seven (7) members and two (2) alternates with the addition of a non-
voting Council liaison appointment.
By-Laws Amended February 2024
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, March 19, 2019 and February 24, 2024).
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 2025 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.
As of September 22nd, 2025, implementation of the BID Operating Plan has been formally
contracted to Downtown Oshkosh, Inc. (DOI), a nonprofit organization responsible for
managing BID-funded services in alignment with these planning priorities.
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 2021, the BID increased the minimum special assessment from $420.00 to $445.00 and the
maximum special assessment from $8,400.00 to $8,820. The 2025 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 $445.00.
Properties with a proportionate value greater than 5.7100% are assessed the maximum special
assessment of $8,820.00.
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.
APPENDIX A: 2026
DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT BUDGET
REVENUES (BID)
Amount
BID Special Assessment $ 135,000
Total BID Revenue $ 135,000
Expenses Funded by BID
Amount
Contract to DOI for Administration (Staff, Admin) $ (130,000)
Includes staffing, reporting, compliance, communications
and admin support
Beautification (Plantings, Maintenance, Seagull Mitigation)
Grant Programs (Recruitment, Mural, Beautification).
BID-Specific Marketing
Contingency $ (5,000)
Total BID Expenses $ (135,000)
Total Operating Income/Loss $ -
APPENDIX B – ASSESSMENT ROLL
APPENDIX C – BID STATE STATUTES
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.
(f) “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 of the 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
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.
(5)
(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.
APPENDIX D - Legal Opinion
APPENDIX E
Downtown Oshkosh Business Improvement District Board Members
Board Member Category Term Expires
Megan Lang, Chair Owner/Non-Occupant 10/14/2028
James Evans, Vice Chair Owner/Occupant 10/14/2028
Marlo Ambas Owner/Occupant 10/14/2028
Andy Ratchman Non-Owner/Occupant 10/14/2027
Derek Mulloy Non-Owner/Occupant 10/14/2027
James Stapel Owner/Occupant 10/14/2026
Sandra Prunty Owner/Occupant 10/14/2026
Autumn Urban (alt) Non-Owner/Occupant 10/14/2027
Carrie Olson (alt) Owner/Occupant 10/14/2026
Vacant Council Liaison