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HomeMy WebLinkAbout08-427NOVEMBER 25, 2008 08 -427 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF 2009 BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN AND BUDGET INITIATED BY: DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT BOARD BID BOARD RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Downtown Oshkosh Business Improvement District 2009 Operating Plan and Budget is hereby approved and adopted. 0 QfHK fH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinn ''� Director of Co nity Development DATE: November 20, 2008 RE: Approve 2009 Business Improvement District Annual Operating Plan. (Business Improvement District Recommends Approval) BACKGROUND The Downtown Oshkosh Business Improvement District (BID) Board is required by State Statute to develop an annual Operating Plan which includes a budget and calculation of assessment according to the statutory formula. The contents of the Plan are stipulated by Statute and have been approved by the City Attorney as consistent with Statutory requirements. ANALYSIS The BID Board approved the 2009 Operating Plan at its November 18 meeting. The total assessment to the BID will be $152,950 which is an increase of $321 over the 2008 assessment. The vast majority of BID properties will see a small drop in their BID assessment, which is due in part to an increase in the assessed value of one of higher valued properties in the district. The BID budget includes a $19,400 payment to the Parking Utility to cover an annual bond payment as well as hiring a private contractor to maintain the landscaped areas in and around the public parking lots and to plant and maintain the planters. FISCAL IMPACT In terms of fiscal impact on BID property owners, the majority of property owners will see a small drop in their assessments. In terms of the City as a whole, the BID is assisting with the cost of repayment of a parking utility bond and has reduced demands on the parks and sanitation department budgets by hiring a private contractor for maintenance of parking lots, planters and removal of trash from trash cans. RECOMMENDATION The BID Board approved the 2009 Annual Operating Plan at its November 18, 2008 meeting. Approved, City Manager DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2009 OPERATING PLAN 4 Of HKC�f H ON THE WATER ,(§i), Downtown Othkoih Isid buiineu improuem¢nt dirtrict Downtown Othkoih if i 1 bull.¢ - I-,-.. .t dbtd<t TABLE OF CONTENTS DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES ..................... ..............................1 INTRODUCTION............................................................................................ ..............................2 THEBID LAW ................................................................................................ ..............................2 2009 OPERATING PLAN AND ASSESSMENT ......................................... ..............................3 ORGANIZATION ........................................................................................... ..............................6 RELATIONSHIP TO DOWNTOWN PLANNING ..................................... ..............................6 DOWNTOWN OSHKOSH BID ASSESSMENT METHOD ...................... ..............................6 APPENDIXA - BUDGET ................................................... ..............................8 APEENDIX B - ASSESSMENT TABLES .................................................... ..............................9 APPENDIX C - WISCONSIN STATUTES, SECTION 66.1109 ............... .............................11 APPENDIXD - LEGAL OPINION .............................................................. .............................12 APPENDIX E - DOWNTOWN OSHKOSH BID BOARD ROSTER ....... .............................13 Downtown Orhkosh ��� bwinaw improvement diArld Downtown Oshkosh Business Improvement District Boundaries In general, the boundaries of the Downtown Oshkosh Business Improvement District are the Fox River on the south, Division Street on the west, Parkway Avenue on the north, and Jefferson Street /State Street on the east. OD Downtown Othkoih Isla bwlnan improvement dfrtdd 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. 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 business development. It affords property owners and business people a viable role in directing those affairs within the district. It also ensures that all beneficiaries of District programs participate in the funding of the programs. Appendix C is a copy from the 2005 -2006 Wisconsin Statutes Section 66.1109, regarding business improvement districts. 2 Downtown Othkoth bid buiinair Impiov¢ment diAdd DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2009 OPERATING PLAN AND ASSESSMENT The Downtown Oshkosh BID has established allocations for the 2009 Operating Plan for each program category after reviewing previously supported activities and soliciting proposals for events. 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. To reflect the goals established during the 2007 goal setting session, the budget is separated into the following categories; Leadership, Recruitment and Retention, Destination, Beautification, Parking and Reserve for Future Projects. The BID will assess itself $152,950 in 2009, which is an increase of $321 over the 2008 assessment. PROGRAM CATEGORIES Leadership $47,000 OAEDC Service Contract (BID Manager $42,000 The BID contracts with the Oshkosh Area Economic Development Corporation ( OAEDC) for the services of the BID Manager who is a full time employee of the BID. Responsibilities of the BID manager include promotion, retention, communication with BID members, facilitation of projects and programs and support for operating subcommittees. Annual Report $1,000 The BID Board is committed to improving communication and accountability to BID members and is earmarking these funds for an annual report for the members and the public. OCMS Downtown Television Program $3,600 For the first time, the BID will work with Oshkosh Community Media Services to produce a series of programs on the BID, BID events, and related topics. The goal is to raise public awareness about the BID and its members. Professional Development $400 This is a new budget category which will provide the opportunity for the BID Manager and one or more BID Board members to attend an annual statewide Downtown meeting sponsored by the UW Extension and for the BID Manager to participate in other professional development opportunities. 3 Downtown Othkoth Is 0D. bviinut improvement d0tdd Recruitment and Retention $26,000 Recruitment Grant Program $25,000 The Recruitment Grant Program provides grants for certain expenses to businesses willing to locate in the BID. The BID Board recognizes the importance of continuing to provide incentives to recruit businesses. Revolving Loan Fund $1,000 OAEDC manages the Revolving Loan Fund. Several new businesses in the BID have participated in this program in recent years. The Fund is used to provide financing to start up businesses for eligible business related expenses. The BID previously made a 5 year commitment for $1,000 per year. That commitment has been fulfilled, but the BID Board understands the importance of continuing to support this fund as an additional resource for new businesses wanting to locate in the BID. Destination $17,550 Events Holiday Parade $500 The BID has consistently provided support for the Holiday Parade, which begins in the BID. Waterfest $2,500 The BID has supported Waterfest for years. The event brings a significant number of visitors to the BID area, many of whom patronize BID Businesses. Live at Lunch $2,500 plus carryover $240 from `08 Live at Lunch takes place every Wednesday from June through August and is sponsored by OAEDC. BID support reflects the increased traffic generated by this event in the BID. Gallery Walk $2,400 This event attracts hundreds of people a month to the BID on the first Saturday night of each month. BID support is for promotion of this event. Local Event $1,500 These funds are being earmarked for an unspecified BID event to provide flexibility to respond to opportunity for an event as it may develop during the year. Public Enemies Movie Release Event $500 Public Enemies is scheduled for release in July of 2009. These funds have been earmarked to support an event to celebrate the release of the movie which was filmed in part in the BID. General and Advertising $2,400 This funding is for promotion and advertising of the BID and BID businesses in general. The funds are under control of the BID Manager. 4 Downtown Othhorh Isi d bvrinen improvement dbtdct Marketing Consortium Destination Downtown $1,500 This is a BID sponsored event designed to bring women downtown to shop, and to introduce BID businesses to new consumers. Halloween $750 The Halloween event is a BID sponsored family oriented event that includes trick or treating at BID stores, games in Opera House Square and a costume contest. This event has been very popular with the community in past years. Christmas Tree Lighting $500 This BID sponsored event takes place in Opera House Square and includes high school madrigal singers and BID food vendors selling hot drinks and soup. Holiday Shgpping Event $2,500 These funds are earmarked for use in sponsoring an event designed to attract shoppers to the "BID during the holiday season. Beautification $30,000 Contracted Services $15,000 The BID contracts with a private contractor to undertake certain routine cleaning pick up and landscape maintenance. A portion of these funds are also used for expenses relative to maintaining and improving landscaped areas. Holiday $4,000 These funds will be used for holiday decorations including the tree for Opera House Square. Planter Maintenance $6,000 These funds will be used for contracted maintenance and plant materials for the planters. Other $5,000 These funds will be used as directed by the Beautification Subcommittee to make additional visual improvements to the BID. Parking $19,400 This line item is to cover the commitment made by the BID to repay a bond issue for a parking lot in the BID. Reserve For Future Projects $13,000 (plus carry over from any unspent 2008 allocations) These funds have been set aside by the Board for projects and programs to support BID businesses during the reconstruction of Main Street in 2010. Any unspent funds from 2008 allocations (with the exception of the Live at Lunch balance) will be transferred into this account. Downtown Oihkorh t5l OLEO. boilnan improvement dlitriat 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 of the Board. Board meetings are held the third Tuesday of the month in Room 404 of City Hall. A roster of the 2009 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 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. A property's proportionate value of the total District is multiplied by the District budget, resulting in the special assessment for the property. 6 Downtown Orhkorh bid 000 bvAnen Improvement dittild 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 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. 7 Downtown Orhkoth bid budnanlmprovemantdittdct APPENDIX A 2009 BUSINESS IMPROVEMENT DISTRICT BUDGET REVENUE - 2009 ASSESSMENT EXPENSES Leadership OAEDC Service Contract (BID Manager) Annual Report OCMS Downtown Television Program Professional Development Recruitment and Retention Recruitment Grant Program Revolving Loan Fund Destination Events Holiday Parade Waterfest Live at Lunch Gallery Walk Local Event Public Enemies Movie Release Event General and Advertising Marketing Consortium Destination Downtown Halloween Christmas Tree Lighting Holiday Shopping Event Beautification Contracted Services Holiday Planter Maintenance Other Parking Reserve For Future Projects 1 plus carryover $240 from 1 08 2 any carryover from 2008 will be also be put into this account $152,950 $152,950 47,000 42,000 1,000 3,600 400 26,000 25,000 1,000 17,550 500 2,500 2,500 2,400 1,500 500 2,400 1,500 750 500 2,500 30,000 15,000 4,000 6,000 5,000 19,400 13,000 Downtown Othkoth v1a business improvement district N Mao W W U U1 I�(OM Q h m n Q�001 ( (001 � �V] N NIA V Q r n V V'I(o M MM ( (O L Ln1�R W W � �NOt`]Ij`Q W Q r r to r W 1� ( (D N'V'01n1� M f fOjM r rIM M M r r N ( (O r t to O m m Q Q M O O Q n n M r rjN!O r r O O n (O N M M N ( (V U7 0 0 (V t to O O O 1 1n n n n (+1 a a0 r (O qr O M r .r' . l(1 m m ( (V O N Q Q i� d d' O (+J 01 n HI Z: l0 t th W Q Q Ln M Q 0 0) CO f f� Q m m o M I I� O OD to r N t r (MO m ... . ... �.. r r! . 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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), slats. MUNICIPAL LAW 66.1109 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" 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 value of 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 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 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 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: 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 those 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; Stats. 1999 s. 66.1107; 2001 a. 104. 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. (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. 1 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% 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 Text from the 2005 -06 Wis. Slats. database updated by the Revisor of Statutes. Only printed statutes are certified under s. 35.98 (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 -07are designated by NOTES. Report errors at (608) 266 -2019, FAX 264 -6978, http : / /Www.legis.state.wi.uslrsbl 11 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), slats. 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 of the 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 the 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 segregated 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 if 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 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 of 30 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 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 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, 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% 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 of this section. (b) 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. 56 s. 258;1999 a. 150 s. 539; Stats. 1999 s. 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. (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 property that is located within the boundaries, or the proposed boundaries, of a neighbor- hood improvement district. Text from the 2005 -06 Wis. Slats. 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 92 -07are designated by NOTES. Report errors at (608) 266-2011, FAX 264 -6978, http : //www.legis.state.wi.us/rs6/ 12 CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 5 Wisconsin 90130 City of Oshkosh OlHKQIH City Attorney's Office Phone: (920) 236 -5115 Fax: (920) 236 -5106 http;//www.ci.oshkosh.wi.us November 13, 2008 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 2009 operating plan submitted this date by the Downtown Oshkosh 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 66.1109(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. Yours truly, A j1T F OSHKO `,Lorensbn- torney 13 CIO, APPENDIX E Downtown Oshkosh Business Improvement District Board Members Board Member Category Term Expires Todd Cummings Owner /Occupant 6/1/11 David Hetzel At -Large 6/1/09 Megan Lang, Vice Chair Owner /Occupant 6/1/10 Kurt Koeppler Non- Occupant/Owner 6/1/11 Jeff Jahnke Owner /Occupant 6/1/11 Candace Pearson Non - Owner /Occupant 6/1/10 Michael Russell Owner /Occupant 6/1/09 David Sparr, Chair Owner /Occupant 6/1/10 James Stapel Owner /Occupant 6/1/09 Melody Wollangk Non- Owner /Occupant 6/1/11 1 4 Downtown Othkorh ��� builnentmprovementdirtrkt