HomeMy WebLinkAbout06-341
NOVEMBER 28, 2006
06-341
RESOLUTION
(CARRIED 7 -0 LOST
LAID OVER
WITHDRAWN
PURPOSE:
APPROVE PARKING AGREEMENT; ADOPT FINAL 2007
OPERATING PLAN - DOWNTOWN OSHKOSH BID
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 Agreement between the City of Oshkosh and the Downtown Oshkosh
Business Improvement District is hereby approved and the proper City officials are
hereby authorized to execute and deliver the agreement in substantially the same form
as attached hereto, any changes in the execution copy being deemed approved by their
respective signatures, and said City officials are authorized and directed to take those
steps necessary to implement the terms and conditions of the Agreement.
BE IT FURTHER RESOLVED that the Downtown Oshkosh Business
Improvement District 2007 Final Operating Plan, on file at the City Clerk's office, is
hereby approved and adopted.
DOWNTOWN OSHKOSH
BUSINESS IMPROVEMENT DISTRICT
2007 OPERATING PLAN
OJHKOJH
ON THE WATER
November 2006
TABLE OF CONTENTS
DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES...................................................l
INTR 0 DU CTI 0 N .............................................................................. ................................ ............2
THE BID LAW ................................................................................................................................2
ANNUAL RE PO R T 2006........... ......... .... ............ ...... .......... ........... ..................... ............ ..............3
2007 0 PERA TIN G PLAN.......... ............. ............ ........ ........ ...................... ......... ............. ..............6
2007 D ISTRI CT ASS ES SMENT ............ ............. ....... ........ ........... ........... .......... ............ ..............8
ORGANIZATION .........................................................................................................................8
RELATIONSHIP TO DOWNTOWN PLANNING ...................................................................9
DOWNTOWN OSHKOSH BID ASSESSMENT METHOD ....................................................9
APPENDIX A - ASSESSMENT TABLES ................................................................................10
APPENDIX B - WISCONSIN STATUTES, SECTION 66.1109.............................................13
APPEND IX C - LEGAL 0 PINION ... ........................................................................................15
APPENDIX D - DOWNTOWN OSHKOSH BID BOARD ROSTER ....................................16
Business Improvement District
CITY OF OSHKOSH, WISCONSIN
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October 7, 2003
Downtown Oshkosh Business ImprovementDistrict 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.
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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 free parking in the downtown, as well as pro actively 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
customers fill the district. The BID welcomes these changes as opportunities to continue
economic development in our central city.
THE BID LAW
On April 6, 1984, the State of Wisconsin passed a law (Act l84), which allows for the creation of
Business Improvement Districts. The law is to 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 fonnation 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 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 B is a copy from the 2003-2004 Wisconsin Statutes Section 66.1109, regarding
business improvement districts.
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2006 ANNUAL REPORT
There was a change in BID Board membership this year. Long term member and Chair Norm
Packer resigned in August due to the sale of his property on North Main Street. Vice Chair
David Sparr was elected Chair and Megan Hoopman was elected Vice Chair in November.
Candace Pearson, the owner of Apple Blossom Books was appointed to fill the vacancy.
Atota.1 of nearly $154,000 was available to implement activities identified in the 2006 Operating
Plan. That amount included carryover funds from the 2005 Operating Year. Following are brief
summaries of activities the Downtown Oshkosh BID has sponsored over the during this year.
PARKiNG SUPPORT
The Downtown Oshkosh BID contributed $l7,400 to the City's Parking Utility. There were no
significant changes to parking available in the BID during 2006.
EVENTS SUPPORT
The Downtown Oshkosh BID supported several events over the past year in the Downtown.
Live at Lunch Noon Concert Series - This is the fourth year the BID has provided n.mds in
support of a summer concert series held each Wednesday in Opera House Square. This noon
concert series invited downtown shoppers and workers to spend their lunch hour listening to a
variyty of music with the option of purchasing lunch from various downtown vendors. The
attendance totaled 3,825 during the 16-week season, an increase of 45% over 2005. 1,833 meals
were served by 6 restaurants, a 63% increase over 2005. The BID contributed $4,500 to this
event.
Farmers Market - This is the first year a Farmers Market was held on Market Street abutting
Opera House Square. The market ran every Wednesday moming,. and was a nice compliment to
the Live at Lunch event. . Frequently, there were 10 or more vendors. The BID contributed $500
for advertising for this activity.
Gallery Walk - The monthly Gallery Walk continued its success during 2006 with an average of
24 galleries open on the first Saturday evening of each month with hundreds of people coming
downtown to tour the galleries. The BID supported this activity with $1,200.
Our Town~The BID provided $500 is funds to the"OurTown"photographic exhibit which
highlighted the architectural features of many historic downtown buildin.gs.
Movies in the Park - Funds in the amount of $7,500 were allocated towards the presentation of
six movies shown in Opera House Square in July through mid-August. Attendance totaled 1,965
patrons during the six-week showing. Event organizers coordinated with the Grand Opera House
to use the theater in the-event of rainy weather.
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Conquer the Concrete - The BID provided funds for the second year to this event for basketball
and whifiIeball player sponsored.by the Moming Rotary' Contestants used Col11merce Street
and Pearl A venue for this event. The BID provided $500 to support of this event.
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Halloween Parade, Costume Contest, and Trick or Treating - On October 28, Opera House
Square was the site of the Fourth Annual Downtown Halloween Parade and Safe Trick-or-Treat.
Children were ableto participate ina costume contest, trick-or-treating at downtown businesses,
and a carnival atmosphere with games and prizes. The BID provided $2,000 to support this'
event.
Oshkosh 1 00 -This month long exhibit comprised pieces of
work by local artists and was displayed on the second floor
of Ore at Estates Knox Furniture Outlet at 217 N. Main
Street. Building upon the previous four years successes
with the Oshkosh 100 and the Oshkosh 150, the BID
contributed $4,000 to this year's Oshkosh 100. Over 2,000
guests attended the opening reception on September 2.
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Holiday Parade - The BID contributed $1,000 to this event held annually in November.
Downtown Oshkosh is recognized in advertising for the event, which is organized by the
Chamber of Commerce and OAEDC.
Waterfest - With the new Riverside Park and Leach
Amphitheater completed for the 2006 Waterfest season, the
BID contributed $3,000 toward sponsorship of this event.
This concert series draws thousands of people to downtown
Oshkosh every Thursday night throughout the summer.
MARKETING & DEVELOPMENT
Funds in this category went to support the preparation of "The Reporter", the Downtown
Oshkosh BID newsletter distributed to all members of the BID. The Reporter includes updates
and activities of events and news of downtown Oshkosh businesses. "The Reporter" is also
distributed electronically.
The BID Board did not hold an annual meeting, electing to hold over the money for a
membership service activity in 2007.
Members ofthe Development Committee, a sub-committee of the Downtown Oshkosh BID
Board, continued to meet monthly throughout the year. This committee consists of
representation from the Board, OAEDC, the City, and other owners and tenants within the
District. They serve to improve communication between various entities involved in downtown
Oshkosh and the Downtown Oshkosh BID.
New this year was the creation ofthe BID Marketing Consortium. The Consortium provided an
opportunity for the BID to match contributions by downtown merchants contributions for
marketing and events. Throughout the year, the Consortium organized "Destination Downtown"
and four events (Shop 'Til You Drop, Free Gift Day, Family Affair Day, and Pajama Game
Night) and hired a local company to redesign the Downtown Oshkosh web site,
vVl1/W. downtownoshkosh. com.
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BEAUTIFICATION
Bmmers - A new set of banners, shown here, were
purchased for the BID this year.-.
Clean Up - In_ an effort to keep downtown attractive, the
Downtown Oshkosh BID continued to utilize an
employee who is supervised by OAEDe. This employee
is responsible for changing banners, documenting graffiti,
and anyother general maintenance duties.
Other expenditures in this category include
installation/removal of white lights for the trees in Opera
House Square, flowers for the parking lot at Pearl/Main
Street mld for hanging baskets, and repairs to the golf cart
used to water flowers.
CONTRACTED SERVICES
The Downtown Oshkosh BID Board contracted with the Oshkosh Area Economic Development
Corporation (OAEDC) in the amount of $30,000 forthe year to undertake a variety of services to
support the BID. The OAEDC Executive Director and the Economic Development Manager
were responsible for providing these contracted services. OAEDC makes monthly reports to the
BID Board.
The Downtown Oshkosh BID also contracted with Monk-ReisinglIntergen in the amount of
$5,000 for the operating year. These administrative funds were used to support the organization
and coordination of events such as the Oshkosh 100, Movies in the Park, Downtown Trick-or-
Treat, and the Gallery Walk.
RECRUITMENT GRANT FUND
During the 2006 Operating Y ear, th~ BOard utilized a subcormnittee to review Recruitment Grant
applications. Grant funds are provided-to new businesses relocating into the BID District or to
expansion projects for those businesses currently in thedistrict. Grant fu11ds are forgiven after
two years, given the business is still in operation. In 2006,.five businesses; MIZ Designs,
Vintage Wine Co., Jahnke Investments, American Black Belt Academy and Stella & Finn were
awarded a total of $19,250 in grant fu11ds for either establishing a new business or expaIlding an
existing business.
REVOLVING LOAN FUND
Funds in the amount of$1 ,000 were allocated to theRevOlvingLoan funds program as administered
by OCDC. This is the third- of a five-year commitment to this program by the BID Board. In 2006,
OCDC provided Revolving Loans to the following businesses loca.ted intheBID: Cranky Pats, Miz
Designs, Oshkosh Martial Arts Education Center and Stella & Finn.
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DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT
2007 OPERATING PLAN
To better serve Downtown BID members, the BID Board began the process of reevaluating the
needs of BID members and detennining the services, activities and events that would best
address those needs. That process began at the end of November, and funding allocations will
then be made for specific services, activities, events and materials in January.
The Downtown Oshkosh BID has established generalized allocations for the 2007 Operating
Plan in four broad program categories based on a review of previously supported activities and
funding requests submitted by entities looking to partner with the BID to sponsor various
activities and events.
Expenditures associated with each category are included in Table 1 on page 8. Specific
expenditures within these categories will be confinned early in 2001based on the goals
identified during a special goal setting session November 29. To cover the costs of these
activities, the BID will assess itself$141,000 in 2007. The assessment will allow the Downtown
Oshkosh BID to carryout those activities and continue to playa large role in the physical
improvement and the support of events in the district. The BID will also seek funding for
beautification projects from the Southwest Rotary Beautification Committee and the Oshkosh
Foundation.
PROGRAM CATEGORIES
I. Parking Support
Assessment: $23,368
Funds will be used to support parking in the downtown area. An agreement between the
City, the Downtown Oshkosh BID, and the Parking Utility will be executed as has been done
in the past.
II. Events Support, Activities, Maintenance
Assessment: $68,632
Funds will used to support a variety of promotional events and activities in the BID as
well as to cover the costs of staff to pick up litter and maintain the appearance of the area.
The revolving loan fund will be supported in this category. Funding for specific activities
will be determined by the Board in early 2007.
III. Supplies
Assessment: $13,000
Funds will be used to purchase items to improve the appearance of the BID including
banners, Christmas Tree lights and decorations, mulch and plant material.
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.
IV. Marketing
Assessment: $36,000
Funds will be used to for advertising, maintaining and improving the BID website and
brochure and for other marketing activities.
2007 DISTRICT ASSES~MENT
The 2007 District Assessment will be combined with any carryover funds from the 2006
Operating Plan and will be put toward 2007 program activities. In 2006, the BID assessed itself
$136,000 to support activities in their Operating Plan. In 2007, the BID is proposing to assess
itself $141 ,000, an increase of 3.7 percent over the 2006 assessment.
Pro 'ect
Parking Support
Events, Activities, Maintenance
Marketing
Su lies
Total 0
Assessment
. $23,368
$68,632
$36,000
$13,000
$141,000
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 1 0" members representing the following interests:
3 Non-Occupant Owners
6 Owners/Occupants
1 Person-At-Large
The distribution of non-occupant owners and owner/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 applxperthe "By-Laws ofthe DO\vntown Oshkosh Business Improvement District" (dated
December 19, 1989, AmendedJune 15,2004).
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 in Room 204
of City Hall. A roster ofthe 2007 BID Board members is included as Appendix D.
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
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Plan and submit the Operating Plan to the Common Council for approval.
RELATIONSHIP TO DOWNTOWN PLANNING
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. 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.
Downtown Oshkosh BID ASSESSMENT METHOD
The City of Oshkosh Downtown 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 with the sum divided by 200 percent, which
results in a proportionate value of the total district. Aproperty's proportionate value of the total
District is multiplied by the District budget, resulting in the special assessment for the property.
The raw data, assessment calculations, and proposed District assessment for each property in the
Downtown Oshkosh Business Improvement District are presented in Appendix A. 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 footages, ranging from very short front
footages to entire blocks, the footage was computed in a manner similar to the City's normal
special assessment methodology.
Property used for commercial and manufacturing purposes in the District will be assessed.
However, real property used exclusively for residential purposes will not be assessed.
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123 Updated 03-04 Wis. Stats. Database
UNOFFICIAL TEXT
among other consequences, in a severe shortage of financial
resources available to finance the purchase and rehabilitaiion of
housing and an inability or unwillingness on the part of private
lenders to make loans for and an inability or unwillingness on the
part of present and prospective owners of housing to invest in the
purchase and rehabilitation of housing in the neighborhood or
area.
(b) "Local legislative body" means the common council, vil- .
lage board of trustees or town board of supervisors.
(c) "Municipality" means a city, village or town.
(d) "Planning commission" means a plan commission created
under s. 62.23 or a plan committee of the local legislative body.
(e) "Reinvestment neighborhood or area" means a geographic
area within any municipality not less than one-half of which, by
area, meets 3 of the 5 following conditions:
1. It is an area in need of rehabilitation as defined in par. (a).
2. It has a rate of owner-occupancy of residential buildings
substantially below the average rate for the municipality as a
whole.
3. It is an area within which the market valueof residential.
property, as measured by the rate of change during the preceding
5 years in the average sale price of residential property, has
decreased or has increased at a rate substantially less than the rate
of increase in average sale price of residential property in the
municipality as a whole.
4. It is an area within whieh the number of persons residing
has decreased during the past 5 years, or in which the number of
persons residing has increased during that period at a rate substan-
tially less than the rate of population increase in the municipality
as a whole.
5. It is an area within which the effect of existing detrimental
conditions is to discourage private lenders from making loans for
and present or prospective property owners from investing in the
purchase and rehabilitation of housing.
(2) DESIGNATION OF REINVESTMENT NEIGHBORHOODS OR
AREAS. A municipality may designate reinvestment neighbor-
hoods or areas after complying with the following steps:
(a) Holding of a public hearing by the planning commission
or by the local governing body at which interested parties are
afforded a reasonable opportunity to express their views on the
proposed designation and boundaries of a reinvestment neighbor-
hood or area. Notice of the hearing shall be published as a class
2 notice, under ch. 985. Before publication, a copy of the notice
shall be sent by I st class mail to the Wisconsin Housing and Eco-
nomic Development Authority, and a copy shall be posted in each
school building and in at least 3 other places of public assembly
within the reinvestment neighborhood or area proposed to be des-
ignated.
(b) Designation by the plalming commission ofthe boundaries
of a reinvestment neighborhood or area recommended by it to be
designated and submission of the recommendation to the local
legislative body.
(c) Adoption by the local legislative body of a resolution
which:
1. Describes the boundaries of a reinvestment neighborhood
or area with sufficient definiteness to identify with ordinary and
reasonable certainty the territory included in the neighborhood or
area. The boundaries may, but need not, be the same as thcise rec-
ommended by the planning commission.
2. Designates the reinvestment neighborhood or area as of a
date provided in the resolution.
3. Contains findings that the area to be designated constitutes
a reinvestment neighborhood or area.
History: 1977 c. 418; 1979 c. 361 s. 112; 1985 a. 29 s. 3200 (14); 1999 a. 150 s.
479; Slats. 1999 s. 66.] 107; 200 J a. 104.
66.1109 Business improvement districts. (1) In this
section:
MUNICIPAL LAW
66.1109
(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 par-
cels 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, vil-
lage 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.
(t) "Operating plan" means a plan adopted or amended under
this section for the development, redevelopment, maintenance,
operation and promotion of a business jmprovement district,
including all of the following:
1. The special assessment method applicable to the business
improvement district.
I m. Whether real property used exclusively for manufactur-
ing purposes will be specially assessed.
2. The kind, number and location of all proposed expendi-
tures 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 improve-
ment district promotes the orderly development of the municipal-
ity, including its relationship to any municipal master plan.
5. A legal opinion that subds. I. 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 dis-
trict 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 desig-
nated under par. (b) has petitioned the municipality for creation of
a business improvement district.
(b) The planning commission has designated a proposed busi-
ness improvement district and adopted its proposed initial operat-
ing plan.
(c) At least 30 days before creation of the business improve-
ment 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 operat-
ing 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 ofthe proposed busi-
ness improvement district shall be sent by certified mail to all
owners of real property within the proposed business improve-
ment 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% of the valuation
of all property to be assessed under the proposed initial operating
plan, using the method of valuation specified in the proposed ini-
tial 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% of the assessed valuation of all property
to be assessed under the proposed initial operating plan, have not
Unofficial text from 03-04 Wis. Stats. database. See printed 03-04 Statutes and 2005 Wis. Acts for official text under s. 35.18
(2) stats. Report errors to the Revisor of Statutes at (608) 266-2011, FAX 264-6978, http://www.fegis.state.wi.uslrsb/
66.1109
MUNICIPAL LAW
filed a petition with the planning commission protesting the pro-
posed business improvement district or its proposed initial operat-
ing plan. .
(e) The local legislative body has voted to adopt the proposed
initial op~rating plan for the municipality. .
(3) Ca) 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 legis-
!ative body. The board shall have at least 5 members. A majority
of board members shall own or occupy real property in the busi-
ness 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 legis-
lative body approval is obtained. Any change to the special
assessment method applicable to the business improvement dis-
trict 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
repo~ shall include an independent certified audit of the imple-
mentation of the operating plan obtained by the municipality. The
IIlunicipality shalIobtain an additional independent certified audit
upon terinination of the business improvement district.
(d) Either the board or thetnunicipality, 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 improve-
ment district and all other appropriations by the municipality or
other 1110neys received for the benefit of the business improve-
ment district shall be placed in a segregated account in the munici-
pal treasury. No disbursements from the account may be made
except to reimburse the municipality for appropriations oth~r than
special assessments, to pay the costs of audits required under sub.
(3) (c) oron order of the board for the purpose of implementing
the operating plap.. On termination ofthe 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 improve"
ment district, in the same proportion as the last collected special
assessment, .
(4m) A municipality shall terminate a business improvement
district ifthe owners of property assessed under the operating plan
having a valuation equal to more than 50% 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 a.n assessed valuation
eqi-lal to more than 50% of the assessed valuation of all property
assessed under the operating plan, file a petition with the planning
commission requesting termination ofthe business improvement
district, subject to all of the following conditions:
(a) A petitioll may not be filed under this subsection earlier
than one year after the date the municipality first adopts the oper-
ating plan for the business improvement district.
(b) On and after the date a petition is filed under this subsec-
tion, neither the board nor the municipality may enter into any new
obligations by contract or otherwise to implement the operating
plan until the expiration of30 days after the date of hearing under
par. (c) and uriless the business improvement district is not termi-
nated under par. (e).
(c) Within 30 days after the filing ofa petition under this sub'-
section, the planning commission shall hold a public hearing on
the proposed termination. Notice of the hearing shall be published
Updated 03-04 Wis. Stats. Database 124
UNOFFICIAL TEXT
as a Class 2 notice under ch. 985. Before publication, a copy of the
notice t()gether with a copy of the operating plan and a copy of a
.dctail 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 indi-
cate that copies ofthe operating plan are available from the plan-
ning commission on request.
(d) W!.thin30 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) Ifafter the expiration of 30 days after the date of hearing
under par. (c), by petition under this subsection or subsequent
notification underpar. (d), and after subtracting any retractions
under par. Cd), the owners of property assessed under the operating
plan having a valuation equal to more than 50% 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 prop-
erty assessed under the operating plan having an assessed valua-
tion equal to more than 50% of the assessed valuation of all prop-
erty 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 ofthis
section.
(bY A municipality may terminate a business improvement dis-
trict 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 prop-
erty.
History: 1983 a. 184; 1989 a. 568. 258; 1999 a. 1508.539; Slats. 19998.66.1109;
2001 a. 85.
66.1110 Neighborhood improvement districts. (1) In
this section: .
(a) "Board" meanS a neighborhood improvement district
board elected under sub. (4) (a).
(b) "Chief executive officer" means a mayor, city manager, vil-
lage president, or town chairperson.
(c) "Local legislative body" means a common council, village
board of trustees, or town board of supervisors.
Cd) "Municipality" means a city, village, or town.
(e) "Neighborhood improvement district" means an area
within a municipality consisting of nearby but not necessarily
contiguous parcels, at least some of which are used for residential
purposes and are subject to general real estate taxes, and property
that is acquired and owned by the board if the local legislative
body approved acquisition of the property under sub. (4) (d) as
part of its approval of the initial operating plan under sub. (3) (e).
(f) "Operating plan" means a plan adopted or amended under
this section for the development, redevelopment, maintenance,
operation, and promotion of a neighborhood improvement dis-
trict.
(g) "Owner" means the owner of real property that is located
within the boundaries, or the proposed boundaries, of a neighbor-
hood improvem.ent district.
(h) "Planning commission" means a plan commission under
s. 62.23 or, if none exists, a board of public land commissioners
or, if none exists, a planning committee of the local legislative
body.
Unofficial text from 03-04 Wis. Stats. database. . See printed 03-04 Statutes and 2005 Wis. Acts for official text under s. 35.18
(2) stats. Report errors to the Revisor of Statutes at (608) 266-2011, FAX264-6978, http://www.legis.state.wi.uslrsb/
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh. Wisconsin
54903.1130
City of Oshkosh
~
OJHKQfH
City Attorney's Office
Phone: (920) 236-5115
Fax: (920) 236-5090
http://www.ci.oshkosh.wi.us
November 20, 2006
Mr. Jackson Kinney
Director of Community Development
City of Oshkosh
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903-1130
RE: Downtown Oshkosh Business Improvement District
Dear Mr. Kinney:
I have reviewed the 2007 operating plan submitted this date by the Downtown Oshkosh
Business Improvement District (BID), specific?lIy with regard. to the requirements set
forth in Section 66.1109 (1 )(f) Wis. Stats., which calls for a legal opinion as to certain
requirements metby the operating plan.
It is my opinion that requirements as set forth in Section 66.1109 (1 )(f) have been met.
The operating plan includes a provision indicating the special assessment method
applicable to the BID. Real property used exclusively for manufacturing purposes will
be assessed under the plan. A description of the kind, number, and location of the
proposed expenditures within the BID is included as well as a description of the
methods of financing to be used. Finally, the operating plan contains the required
description of how the BID promotes the orderly development of the municipality,
including its relationship to the City's Downtown Redevelopment Plan and
Implementation Strategy. It is, therefore, my opinion that requirements of Section
66.1109 (1 )(f) have been complied with.
Sincerely,
~~
Warren P. Kraft
City Attorney
o
APPENDIX D
~owntown Oshkosh Business Improvement District Board Members
Board Member Category Term Expires
Barbara Baier Non-occupant/Owner 6/1/08
Mark Borhnstedt Owner/Occupant 6/1/09
David Hetzel At-Large 6/1/09
Megan Hoopman Non-occupant/Owner 6/1/07
Kurt Koeppler Non-occupant/Owner 6/1/08
Allan Martin Owner/Occupant 6/1/08
Candace Pearson Owner/Occupant 6/1/07
Jeff Robl Owner/Occupa nt 6/1/08
David Sparr, Vice-Chair Owner/Occupant 6/1/07
James Stapel Owner/Occupant 6/1/07
16
AGREEMENT
This AGREEMENT made this day of November, 2006, by and between the CITY OF OSHKOSH, a
Wisconsin corporation, hereinafter referred to as "CITY", and the DOWNTOWN OSHKOSH BUSINESS
IMPROVEMENT DISTRICT, hereinafter referred to as "BID";
WIT N E SSE T H:
WHEREAS, the City of Oshkosh was petitioned to establish a Business Improvement District; and
WHEREAS, on September 17, 1987, the City created the Downtown Business Improvement District.
NOW, THEREFORE, for and in consideration of the mutual promises therein contained, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
A. The BID shall contribute $23,368.00 to the Parking Utility Fund.
B. The BID authorizes the City, beginning April 1, 2007, and ending August 1,2007, to transfer four (4) equal
installments of $5,842.00 from the BID's segregated account to the City Parking Utility Fund.
C. The term of this Agreement is from January 1, 2007 to December 31, 2007 unless the BID is terminated
pursuant to Section 66.1109, Wis. Stats.
D. If the BID is terminated prior to the end of the term of this Agreement, the City shall reimburse the BID on a
pro rata basis based on the number of months left in the term of this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above written.
DOWNTOWN OSHKOSH BUSINESS
IMPROVEMENT DISTRICT
CITY OF OSHKOSH
BY:
DAVID SPARR, CHAIRMAN
BY:
RICHARD A. WOLLANGK, CITY MANAGER
AND:
JACKSON R. KINNEY, SECRETARY
PAMELA R. UBRIG, CITY CLERK
APPROVED AS TO FORM:
LYNN LORENSON, ASSISTANT CITY ATTORNEY
2007 Parking Utility Agreement