HomeMy WebLinkAbout07-341
NOVEMBER 27, 2007
07-341
RESOLUTION
(CARRIED1-0 LOST
LAID OVER
WITHDRAWN
)
PURPOSE:
APPROVE PARKING AGREEMENT; ADOPT FINAL 2008
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 for 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 2008 Final Operating Plan, on file at the City Clerk's office, is
hereby approved and adopted.
AGREEMENT.
This AGREEMENT made this day of November, 2007, 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 $20,479.00 to the Parking Utility Fund.
B. The BID authorizes the City, beginning April 1, 2008, and ending August 1, 2008,to transfer four (4) equal
installments of $5,119.75 from the BID's segregated account to the City Parking Utility Fund.
C. The term of this Agreement is from January 1,2008 to December 31,2008 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 ofthisAgreement, 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: .
JOHN FITZPATRICK, ACTING CITY MANAGER
AND:
JACKSON R. KINNEY, SECRETARY
PAMELA R. UBRIG, CITY CLERK
APPROVED AS TO FORM:
LYNN LORENSON, ACTING CITY ATTORNEY
2008 Parking Utility Agmt
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TABLE OF CONTENTS
DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES ...................................................1
INTRODUCTION............ ...................... .......... .......... ......... .......... .......... ............ ..... ..... .................2
THE :BID LAW......... .......... ......... .......... .......... ............. ......... ......... ..... ..... .......... ........ ..... ........... ...2
ANNU AL REPORT 2007 ... .......... ..... ....... ......... .......... .......................... .............. ............... ...........3
2008 OPERATING PLAN AND ASSESSMENT .......................................................................7
ORGANIZATION ....... .......... ......... ............ ........... ......... .......... ...... ..................... .... ......................9
RELATIONSHIP TO DOWNTOWN PLANNING ...................................................................9
DOWNTOWN OSHKOSH BID ASSESSMENT METHOD ....................................................9
APPENDIX A _ BUDGET................................... .................... .... ........ ............. .11
APEENDIX B - ASSESSMENT TABLES ................................................................................12
APPENDIX C - WISCONSIN STATUTES, SECTION 66.1109 ............................................14
APPENDIX D - LEGAL OPINION ...........................................................................................16
APPENDIX E _ DOWNTOWN OSHKOSH BID BOARD ROSTER ....................................17
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Business Improvement District
CITY OF OSHKOSH, WISCONSIN
o l!IllOO 210 3'G
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october 7, 2003
Downtown Oshkosh Business Improvement District Boundaries
In general, the boundaries ofthe 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 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
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 184), which allows for the creation of
Business Improvement Districts. The law is to authorize 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 b:usiness
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 from the 2005-2006 Wisconsin Statutes Section 66.1109, regarding
business improvement districts.
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2007 ANNUAL REPORT
David Sparr had been elected Chair and Megan Hoopman Vice Chair late in 2006 following the
resignation of former Chair Norm Packer from the BID Board. No election was held in January.
JeffRobl resigned his Board position and Todd Cummings, the owner of Oblios Lounge, was
appointed to replace him.
A total of just over $162,000 was available to implement activities identified in the 2007
Operating Plan. That amount included $141,000 from the 2007 assessment and just over
$21,000 in carryover funds from the 2006 operating year.
Funds were used to support the following events and activities.
PARKING
The Downtown Oshkosh BID contributed $23,368 to the City's Parking Utility. There were no
significant changes to parking available in the BID during 2007, although there was much
discussion regarding parking issues at Marketing Consortium and BID Board meetings.
Due to the presence of several new service related businesses whose clients often may stay
downtown longer and the increase in residential tenants, downtown parking needs and patterns
are changing. The Board appointed a Parking Subcommittee to develop specific
recommendations. That subcommittee met once and the initial issues they identified were
discussed at the October Parking Utility meeting with no action taken at that time.
EVENTS
Live at Lunch Noon Concert Series - This was the fifth year the BID provided funds to support
this 14-week summer concert series held each Wednesday noon in Opera House Square. The
concerts attract downtown shoppers and workers who spend their lunch hour listening to a
variety of music with the option of purchasing lunch from various local restaurants. Attendance
averaged over 180 people when heat or rain was not an issue with corresponding average lunch
sales of about 130 meals. Seven restaurants served meals on a rotating basis. The BID
contributed $3,000 to this event.
Gallery Walk - The monthly Gallery Walk continued its success during 2007 with the average
number of participating businesses and galleries increasing to 35 from 24 in 2006. Well over 40
galleries and businesses participated during the summer months. The event has been well
received by the public and attendance is strong and increasing. The BID contributed $1,800 to
support this activity.
Movies in the Park - The BID provided $6,000 to support the presentation of six movies shown
in Opera House Square in July through mid-August including a Harry Potter movie shown in
conjunction with the Harry Potter event. 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 - While $500 was requested and allocated to support this event, it was
not held. Event organizers requested that the funds be made available for a rescheduled event in
2008.
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 - The BID contributed $3,000 to this event, which took place every Thursday night
from May 24 through August 30. This continues to be a very popular event.
MARKETING CONSORTIUM EVENTS
The Marketing Consortium grew to 37 paid members in 2007. Annual Consortium dues are $25
for BID members and $50 for members outside the BID. The Consortium received a total of
$16,500 in financial support from the BID to undertake the following activities:
Destination Downtown
Destination Downtown, a day downtown for women included a fashion show, champagne
brunch, coupon book/gift bag, wine tasting and drawings for prizes. The event brought 76
participants who paid $25 each to the BID. The BID provided $2,000 for this event.
Summer Events
Summer events included the Harry Potter Book 7 Release event, Sidewalk Sales and other
marketing or events tied to the Mayors Breakfast, Live at Lunch and Waterfest. While all the
events benefited the BID, by far the most successful was the two-day Harry Potter event, which
brought hundreds of people to the BID from within and outside of the community. The BID
provided $3,000 in financial support for these events.
EAA Trolley
This year, the Marketing Consortium received expanded financial support from the Paine and
Fratellos to expand service to those locations. Many EAA attendees took advantage of the
service and there was a 100% increase in ridership over last year. This year the trolley was
staffed with tour guides who gave the riders a more personalized experience and provided them
with bags of coupons and information about downtown merchants. The BID provided $2,000 in
financial support for the trolley.
Halloween
The Halloween event took place October 30 in Opera House Square. The Marketing Consortium
partnered with Associated Bank to organize this year's event. Along with trick or treating at
downtown stores, participants played games in Opera House Square and took part in a parade
around the Square.
Holiday
The Consortium sponsored several activities in conjunction with the Holiday Season. The
primary event was Trees 2 Trees (Ts2Ts) providing an opportunity for middle school students to
decorate trees displayed in storefront windows. Shoppers cast ballots for their favorite trees
with the winner being announced at the Tree Lighting Ceremony hosted by the Mayor. The Tree
Lighting Ceremony included entertainment by High School Madrigal groups, Santa and
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refreshments. The BID provided $3,000 for Holiday activities.
MARKETING
General Marketing and Advertising
Marketing and advertising activities included maintenance of a Downtown web site
( www.downtownoshkosh.com ) development and distribution of promotional materials including
a map and television commercials. The BID provided $5,000 for marketing and advertising
activities undertaken by the Marketing Consortium.
BEAUTIFICATION
The BID undertook significant beautification efforts this year, which included:
Installation of Planters
The BID, the Oshkosh Area Community Foundation, the Oshkosh Area Economic Development
Corporation, Peter Jungbacker and Oshkosh B'Gosh contributed funds for the purchase oflarge
planters, which were placed throughout the BID. The BID contribution was $5,150.
Contracting for Cleaning and Landscape Maintenance
Ground Effects was hired for cleaning and landscape maintenance, which resulted in an
improvement in the appearance of the BID. As part oftheir contract new shredded bark mulch
was installed in shrub beds. The BID budgeted $18,760 for this contract.
Holiday Decoration
New banners were designed and purchased for the Holiday season. White LED lights were
installed on the linden and maple trees in Opera House Square. The BID purchased a tree for
Opera House Square. The new planters were filled with evergreen boughs and red twigs and the
BID installed two trees in planters in front of the Grand.
ADMINISTRATIVE CONTRACTED SERVICES
The BID Board contracted with the Oshkosh Area Economic Development Corporation
(OAEDC) for three functions this year. $5,000 was budgeted for OAEDC administrative support
to the BID Marketing Consortium. An additional $5,000 was budgeted for administration ofthe
Recruitment Grant fund and $2,400 was budgeted for OAEDC to extend their 2006 contracted
services through the month of January.
RECRUITMENT GRANT FUND
The BID Board allocated $25,000 in 2007 to the Recruitment Grant Fund. Grant funds are
provided to new businesses relocating into the BID District or for expansion projects for those
businesses currently in the district. Grant funds are forgiven after two years, given the business
is still in operation. In 2007, the following received funding: Soiree received $1,500 for
expanding their business to include a small beauty shop; A Little Attitude received $5,000 when
the children's clothing business relocated to the BID; and Steele Studios received $5,000 in grant
funds for establishing a new fitness studio in the BID.
As it appeared that not all of the grant funds would be awarded this year, the BID Board
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authorized the subcommittee administering this effort to make the balance of$13,500 of
uncommitted funds along with any unclaimed committed funds to be awarded on a competitive
grant basis to BID businesses for property improvements in 2008. Eligible improvements include
those that impact the appearance of the fayade, entrance and display windows.
REVOLVING LOAN FUND
The BID provided funds in the amount of $1 ,000 that were allocated to the Revolving Loan
funds program as administered by OAEDC. This is the fourth year of a five-year commitment to
this program by the BID Board. In 2007, OAEDC provided Revolving Loans to the following
businesses located in the BID: Celestial Blue.
FUTURE PROJECTS FUND
In anticipation of reconstruction of North Main Street in 2010, the BID Board allocated over
$25,000 to a Future Projects Fund to address a to-be-determined need associated with that
reconstruction proj ect.
400 EAST PARKING LOT PROJECT
Also in anticipation of the North Main reconstruction project, the BID initiated the process of the
redesign of the parking lot on the east side of the 400 Block of North Main Street. The parking
lot needs to be reconstructed prior to the Main Street project to provide customer parking and
access to the rear of the buildings on the east side of the 400 block of North Main.
The BID allocated $7,500 toward this effort and the Oshkosh Area Community Foundation,
OAEDC and the Chamber also contributed funds. Two planning firms submitted proposals for
the initial design work and Crispell-Snyder was selected. A public design input meeting was
held in October. Preliminary design scenarios were completed late in the year.
OTHER
Farmers Market - This was the second year a Farmers Market was held on Market Street
abutting Opera House Square. The market ran every Wednesday morning from May through
October and was a nice compliment to the Live at Lunch event. Frequently, there were 10 or
more vendors.
Other Developments
The Development Committee, a long-standing advisory committee of the BID Board was
disbanded and the BID Board appointed three new working subcommittees: the Parking
Subcommittee, the Budget Subcommittee and the Beautification Subcommittee. The first two
working Subcommittees met as needed outside regular BID Board meetings to develop
recommendations for the Board as a whole. The Beautification Subcommittee did not meet as it
was appointed late in the year.
The BID Board agreed to no longer sponsor the Mayors Breakfast, as it has not provided a
significant benefit for BID businesses. If there is interest on the part of another entity to
continue this event in 2008, any funds remaining in this account will be provided to them. If
there is no interest, those funds will be transferred to other BID activities.
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DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT
2008 OPERATING PLAN AND ASSESSMENT
The Downtown Oshkosh BID has established allocations for the 2008 Operating Plan for each
program category after reviewing previously supported activities and soliciting new ideas.
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.
These projected costs include services related to Events and Marketing, Beautification,
Recruitment and Retention and Administration.
Specific activities are listed under these broad categories, but allocations may change for these
activities during the year. The activities are provided as examples of what the Downtown
Oshkosh BID endorses and have identified as supportable activities. The BID will assess itself
$152,629 in 2008, which is an 8.2% increase over the 2007 assessment.
PROGRAM CATEGORIES
I. Parking Support
Assessment: $20,479
Funds will be used to support free parking in the downtown area. An Agreement between the
City, the Downtown Oshkosh BID, and the Parking Utility will be entered into as has been
done in the past.
II. Events Support/Marketing
Assessment: $31,100
Funds will be used to support a variety of events in the downtown area including Gallery
Walk, Live at Lunch, the Holiday related activities and others listed in the budget in
Appendix A.
III. Beautification
Assessment: $ 34,050
Funds will be used to support activities that will maintain and improve the appearance of the
District including landscape maintenance, installation of plants and maintenance of the new
planters, litter pick up, holiday decorations and other items detailed in the Budget and
programs to keep the District clean of trash and debris, as well as improving the overall look
of the District.
IV. Administrative Contract Services
Assessment: $ 40,000
These funds will be used to procure administrative support for the BID including but not
limited to support for the Marketing Consortium and the Recruitment Grant Fund, project
and event management as directed, maintenance of a list of current contact information
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for BID members and businesses, providing information, referral and other assistance to
current and prospective owners and tenants of properties in the BID, development of the
annual report, fund raising and acting as a liaison between the BID and appropriate
agencies and organizations.
V. Recruitment and Retention Fund
Assessment: $ 25,000
Funds will be used as a recruitment tool to provide grants for working capital and physical
improvements to attract new businesses to the BID, relocate an existing business in the district,
or expand an existing business within the BID. This committee will continue to review
applications and forward recommendations to the BID Board. The Downtown Oshkosh BID
Board intends to support businesses that add to the variety of goods and services available in the
BID.
Uncommitted or unclaimed funds allocated to this activity either during this year or carried over
from previous years may be made available as grants to existing businesses and property owners
for physical improvements to facades. The recruitment subcommittee will make
recommendations to the BID Board on the award of these grants on a competitive basis.
VI. Revolving Loan Fund
Assessment: $1,000
Funds will be contributed to the Revolving Loan Fund administered by the OAEDC.
VII. Annual Report
Assessment: $1,000
In an effort to better communicate the activities funded by the BID to its members and to report
on progress made in the BID, an annual report will be written and distributed to all property
owners and businesses in the BID.
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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 10 members representing the following interests:
3 Non-Occupant Owners
6 Owners/Occupants
1 Person-At-Large
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).
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 ofthe Board. Board meetings are held the third Tuesday of the month in Room 404
of City Hall. A roster of the 2007 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 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 ofthese downtown plans.
The BID enables the private sector to undertake promotion, management, marketing, and other
progranls 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. A property's proportionate value of the total
District is multiplied by the District budget, resulting in the special assessment for the property.
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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 ofthe 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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Appendix A
2008 Business Improvement District Budget
Revenue
2008 Assessment
Total Revenue
Expenses
Parking Allocation
Recruitment & Retention Fund
Revolving Loan Fund
Annual Report
Administrative Contracted Services
Beautification
Improvement projects
Plants & planters
Ground Effects contract
Banners
Christmas tree
Holiday lights & decor
Events & Marketing
Gallery Walk (Art Haus)
Holiday Parade (Chamber)
Live At Lunch (Chamber)
Waterfest (Chamber)
Movies in the Park (Intergen)
Local Music Event (TBD)
Monthly Newsletter (Neleven)
Marketing Consortium General and Media
Marketing Consortium Events
Destination Downtown
EM Trolley
Halloween
Tree Lighting Ceremony
Holiday Shooping Event
Total Expenses
2,500
2,500
2,500
1,000
500
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152,269
7,050
6,000
13,000
3,500
1,000
3,500
2,400
1,000
3,500
3,000
3,000
3,000
1,200
5,000
9,000
152,2691
20,4 79
25,000
1,000
1,000
40,000
34,050
31,100
152,6291
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13
APPENDIX C
Electronic reproduction of 2005-06 Wis. Stats. database, updated and current through August 31, 2007 and 2007 Wis. Act 19.
125 Updated 05-06 Wis. Stats. Database
Not certified under s. 35.18 (2), stats.
necessary to create, with proper safeguards, inducements and
opportunities for the employment of private investment and
equity capital in the rehabilitation of the buildings; and in which
the presence of these buildings and conditions has resulted,
among other consequences, in a severe shortage of financial
resources available to finance the purchase and rehabilitation 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" mcans 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 value ofresidential
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 which 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 arcas 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 1 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 planning commission of the 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:
I. 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 those rec-
ommended by the plalming 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. ISO s.
479; Stats. 1999 s. 66.1107; 2001 a. l04.
MUNICIPAL LAW
66.1109
66.1109 Business improvement districts. (1) In this
section:
(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 improvement 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, 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 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 of the 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% ofthe 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
Text from the 2005-06 Wis. Stats. database updated by the Revisor of Statutes. Only printed statutes are certified under s. 35.18
(2), stats. Statutory changes effective prior to 9-2-07 are printed as if currently in effect. Statutory changes effective on or afte,.
9-2-07 are designated by NOTES. Report errors at (608) 266-2011, FAX 264-6978, http://WWW.leg;s.state.wi.uslrsbl
14
APPENDIX C cont'd
Electronic reproduction of 2005-06 Wis. Stats. database, updated and current through August 31, 2007 and 2007 Wis. Act 19.
Updated 05-06 Wis. Stats. Database 126
66.1109 MUNICIPAL LAW Not certified under s. 35.18 (2), stats.
equal to more than 40% 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 pro-
posed business improvement district or its proposed initial operat-
ing plan.
( e) The local legislative body has voted to adopt the proposed
initial operating plan for the municipality.
(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 legis-
lative 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
report shall include an independent certified audit of the imple-
mentation ofthe operating plan obtained by the municipality. The
municipality shall obtain an additional independent certified audit
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 tbe power to contract.
(4) All special assessments received from a business improve-
ment district and all other appropriations by the municipality or
other moneys received for the benefit of the business improve-
ment district shall be placed in a sehrregated account in the munici-
pal 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 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 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 ofall
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% 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 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 unless the business improvement district is not termi-
nated under par. (e).
(c) Within 30 days after the filing of a petition under this sub-
section, the planning commission shall hold a public hearing on
the proposed termination. Notice ofthe 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 indi-
cate that copies of the operating plan are available from the plan-
ning 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, ifthe 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% 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
tem1ination 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 telminate 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. 56 s. 258; 1999 a. 150 s. 539; Slats. 1999 s. 66.1109;
200] 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.
(d) "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 propelty that is located
within the boundaries, or the proposed boundaries, of a neighbor-
hood improvement district.
Text from the 2005-06 Wis. Stats. database updated by the Revisor of Statutes. Only printed statutes are certified under s. 35.18
(2), stats. Statutory changes effective prior to 9-2-07 are printed as if currently in effect. Statutory changes effective on or after
9-2-07 are designated by NOTES. Report errors at (608) 266-2011, FAX 264-6978, http://www.legis.state.wi.us/rsb/
15
APPENDIX D
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903-1130
City of Oshkosh
~
OJHKOfH
City Attorney's Office
Phone: (920) 236.5115
Fax: (920) 236.5106
http;//www.ci.oshkosh.wi.US
November 15, 2007
Mr. Jackson Kinney
Director of Community Development
City of Oshkosh
.215 Church Ave.
PO Box 1130
Oshkosh, WI 54903-1130
Re: Downtown Oshkosh Business Improvement District
Dear Mr. Kinney:
I have reviewed the 2008 operating plan submitted this date by the Downtown Osblcosh Business
Improvement District (BID), specifically 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 met by the
operating plan. . .
It is my opinion that requirements as set forth in Section 66.11 09( 1)( f) have been met. The operating
plan includes ~ 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.
Yours truly,
CITY OF OSHKO~H .~
) ., I;
~1HtO~lM<J;2'
Lynn A. Loren~
Acting City Attorney
16
o
APPENDIX E
Downtown Oshkosh Business Improvement District Board Members
Board Member Category Term Expires
Barbara Baier Non-occupant/Owner 6/1/08
Mark Bohrnstedt Owner/Occupant 6/1/09
Todd Cummings Owner/Occupant 6/1/08
David Hetzel At-Large 6/1/09
Megan Hoopman, Vice Chair Occupant/Owner 6/1/10
Kurt Koeppler Non-occupant/Owner 6/1/08
Allan Martin Owner/Occupant 6/1/08
Candace Pearson Non-owner/Occupant 6/1/10
David Sparr, Chair Owner/Occupant 6/1/10
James Stapel Owner/Occupant 6/1/09
17
@>. Downtown O/hko/h.'.
l) I CJ bUtlnu, Improucmcnt dl'lrl~r'