HomeMy WebLinkAbout09-441NOVEMBER 24, 2009 09 -441 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF 2010 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 2010 Operating Plan and
Budget is hereby approved and adopted.
QYHKOf1
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich C%Z
Director of Planning Services
DATE: November 19, 2009
RE: Approve 2010 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 2010 Operating Plan at its November 17 meeting. The total
assessment to the BID will be $152,350 which is a decrease of $600 over the 2009 assessment.
Due to a significant decrease in the assessment of one of the more valuable BID properties, and
consolidation of several properties, a vast majority of the BID members will see a small increase
in their BID assessment this year.
FISCAL IMPACT
In terms of fiscal impact on BID property owners, the majority will have a small increase 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 2010 Annual Operating Plan at its November 17, 2009 meeting.
Approved,
City Manager
DOWNTOWN OSHKOSH
BUSINESS IMPROVEMENT DISTRICT
2010 OPERATING PLAN
( 0
OlHKOlH
ON THE WATER
�* ntown Orhkorh
b.,,= Improvement diAdd
BID Board Approved: Pending
Common Council Approved: Pending
Downtown Orhkorh
burinwr ImOrousmsnt dfrtdct
TABLE OF CONTENTS
DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES .................... ..............................1
INTRODUCTION .......................................................................................... ............................... 2
THE LAW ................................................................................................ ..............................
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 .............................................................. .............................14
APPENDIX E - DOWNTOWN OSHKOSH BID BOARD ROSTER ....... .............................15
Downtown Othkoth
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Downtown Oshkosh Business Improvement District Boundaries
In general, the boundaries of the Downtown Oshkosh Business Improvement District are the Fox
River on the south, Division Street on the west, Parkway Avenue on the north, and Jefferson
Street /State Street on the east.
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 authorizes cities, villages, and towns to create one or
more business improvement districts to allow businesses within those districts to develop,
manage, maintain, and promote their districts and to establish an assessment method to fund
these activities. A BID must be a geographic area within a municipality consisting of contiguous
parcels that are subject to real estate taxes.
The formation of a Business Improvement District allows downtown business people, property
owners, merchants, City officials and others to work together to determine what needs to be done
to upgrade and strengthen the downtown and to pay the cost of those efforts, in whole or in part.
It is a way for downtown stakeholders to decide what they want and to finance it.
A BID is the best available method for business people to organize, coordinate marketing and
promotion efforts, provide management and maintenance programs, and encourage business
development. It affords property owners and business people a viable role in directing those
affairs within the district. It also ensures that all beneficiaries of District programs participate in
the funding of the programs.
Appendix C is a copy from the 2007 -2008 Wisconsin Statutes Section 66.1109, regarding
business improvement districts.
2 Downtown Orhkoih
bid bvdnan Improwmant dirtrlct
DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT
2010 OPERATING PLAN AND ASSESSMENT
The Downtown Oshkosh BID has established allocations for the 2010 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 $152,350 in 2010, which,is $600 less than the 2009 assessment.
PROGRAM CATEGORIES
Leadership $50,400
OAEDC Service Contract (BID Manager ) $4000
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.
OCMS Downtown Television Program $5,000
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.
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.
3 Downtown Orhkorh
bid Wilma Improvamant diRAct
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 for eligible
business related expenses to start up businesses. 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 $22,550
Events
Holiday Parade $750
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
Live at Lunch takes place every Wednesday from June through August and is sponsored by the
Oshkosh Chamber of Commerce. BID support reflects the increased traffic generated by this
event in the BID.
Gallery Walk $3,000
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.
Movies in the Park $1,800
The BID supports this event which is held in Opera House Square on Fridays in the summer.
This event brings hundreds of people to the BID area
The Grand Opera House $3,000
The BID is budgeting funds for the Grand Opera House renovations costs. The Grand Opera
House is a wonderful asset to the BID which brings hundreds of people from all around the Fox
Valley region to the BID.
General and Advertising g_9,000
This funding is for promotion and advertising of the BID and BID businesses in general. The
funds are under control of the BID Manager.
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.
4 Downtown Orhkorh
151d budnem improvement dbtrkt
Halloween $1,000
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 Shopping 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 $17,900
This line item is to cover the commitment made by the BID to repay a bond issue for a parking
lot in the BID.
2010 Marketing Plan $43,000 (plus carry over from any unspent 2009 allocations)
These funds will be used for projects and programs to support BID businesses during the
reconstruction of Main Street. Projects and programs may include marketing, promotion,
advertising, physical enhancements, and signage during the road construction and may include
part-time unpaid and paid assistance for BID Manager to carry out these additional activities.
Any unspent funds from 2009 allocations will be transferred into this account.
Branding $20,000
These funds will be used as directed by the branding subcommittee to create a brand for the BID.
5 Downtown Oihkoih
bid bwinan Improvement dbtekt
ORGANIZATION
Pursuant to Section 66.1109(3), Wisconsin Statutes, a Downtown Business Improvement District
Board has been appointed by the Mayor and confirnied by the Common Council. The Board is
comprised of 10 members representing the following interests:
3 Non - Occupant Owners
6 Owners /Occupants
I 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 Othkoih
�, 6vtinew Improvement dletrict
The raw data, assessment calculations, and proposed District assessment for each property in the
Downtown Oshkosh Business Improvement District are presented in Appendix B. The data for
the assessment method have been obtained from the files of the City Assessor and are subject to
final tabulation by the City. To account for street front footages, ranging from very short front
footages to entire blocks, the footage was computed in a manner similar to the City's special
assessment methodology.
Only property used for commercial and manufacturing purposes in the District will be assessed.
Real property used exclusively for residential purposes will not be assessed.
7 Downtown Othkoth
b l a bvdnesi improvement dirtrict
APPENDIX A
2010 BUSINESS IMPROVEWEENT DISTRICT BUDGET
REVENUE - 2010 ASSESSMENT $152,350
EXPENSES $215,350
Leadership 50,400
OAEDC Service Contract (BID Manager) 45,000
OCMS Downtown Television Program 5,000
Professional Development 400
Recruitment and Retention 26,000
Recruitment Grant Program 25,000
Revolving Loan Fund 1,000
Destination
22,550
Events
Holiday Parade
750
Waterfest
2,500
Live at Lunch
2,500
Gallery Walk
3,000
Movies in the Park
1,800
Grand Opera House
3,000
General and Advertising
9,000
Marketing Consortium
Destination Downtown
1,500
Halloween
1,000
Christmas Tree Lighting
500
Holiday Shopping Event
2,500
Beautification 30,000
Contracted Services 15,000
Holiday 4,000
Planter Maintenance 6,000
Other 5,000
Parking 17,900
Reserve For Future Projects 63,000
2010 Proposed use 43,000
2011 Branding and other projects 20,000
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10
APPENDIX C
Electronic reproduction of 2007 -08 Wis. Stats. database, updated and current through 2009 Act 39 and August 17, 2009.
143 Updated 07 -08 Wis. Stats. Database
Not certified under s. 35.18 (2), stats. MUNICIPAL LAW 66.1109
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 Ist 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.
Im. 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
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
Text from the 2007 -08 Wis. Stats. database updated by the Legislative Reference Bureau. Only printed statutes are certified
under s. 35.18 (2), stats. Statutory changes effective prior to 9 -1 -09 are printed as if currently in effect Statutory changes effec-
tive on or after 9 -1 -09 are designated by NOTES. Report errors at (608) 266 -3561, FAX 264 -6948, http: / /www.le-
gis.state.w1.us /rsb /stats.html -
11
Electronic reproduction of 2007 -08 Wis. Stats. database, updated and current through 2009 Act 39 and August 17, 2009.
144
66.1109 MUNICIPAL LAW
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
Updated 07 -08 Wis. Stats. Database
Not certified under s. 35.18 (2), stats.
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. 134; 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
w %thin 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.
(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. placating committee of the local legislative
body.
(2) An operating plan shall include at least all of the following
elements:
(a) The special assessment method applicable to the neighbor-
hood improvement district.
(b) The kind, number, and location of all proposed expendi-
tures within the neighborhood improvement district.
(c) A description of the methods of financing all estimated
expenditures and the time when related costs will be incurred.
(d) A description of how the creation of the neighborhood
improvement district promotes the orderly development of the
municipality, including its relationship to any municipal master
plan.
(e) A statement as to whether the local legislative body autho-
rizes the board to own real property and, if so, a description of the
real property to be owned, the purpose of the ownership, and a
statement of to whom the real property will be transferred if the
neighborhood improvement district is terminated.
(f) A legal opinion that pars. (a) to (e) have been complied
with.
(3) A municipality may create a neighborhood improvement
district and adopt its operating plan if all of the following condi-
tions are met:
(a) An owner of real property subject to general real estate
taxes and located in the proposed neighborhood improvement dis-
trict designated under par. (b) has petitioned the municipality for
creation of a neighborhood improvement district.
(b) The planning commission has designated a proposed
neighborhood improvement district and adopted its proposed ini-
tial operating plan.
(c) At least 30 days before creation of the neighborhood
improvement district and adoption of its initial operating plan by
Text from the 2007 -08 Wis. Stats. database updated by the Legislative Reference Bureau. Only printed statutes are certified
under s. 35.18 (2), stats. Statutory changes effective prior to 9 -1 -09 are printed as if currently in effect Statutory changes effec-
tive on or after 9 -1 -09 are designated by NOTES. Report errors at (608) 266 -3561, FAX 264 -6948, http: / /www.le-
gis.state.wi. us /rsb /stats.html
12
Electronic reproduction of 2007 -08 Wis. Stats. database, updated and current through 2009 Act 39 and August 17, 2009,
145 Updated 07 -08 Wis. Stats. Database MUNICIPAL LAW 66.1110
Not certified unders. 35.18 (2), scats.
the municipality, the planning commission has held a public hear-
ing on its proposed neighborhood improvement district and initial
operating plan. Notice of the hearing shall be published as a class
2 notice under ch. 985. Before publication, a copy of the notice,
together with a copy of the proposed initial operating plan and a
copy of a detail map showing the boundaries of the proposed
neighborhood improvement district, shall be sent by certified mail
to all owners of real property within the proposed neighborhood
improvement district. The notice shall state the boundaries of the
proposed neighborhood 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), one of the
following has not filed a petition with the planning commission
protesting the proposed neighborhood improvement district or its
proposed initial operating plan:
1. The owners of property to be assessed under the proposed
initial operating plan having a valuation equal to more than 40 per-
cent of the valuation of all property to be assessed under the pro-
posed initial operating plan, using the method of valuation speci-
fied in the proposed initial operating plan.
2. The owners of property to be assessed under the proposed
initial operating plan having an assessed valuation equal to more
than 40 percent of the assessed valuation of all property to be
assessed under the proposed initial operating plan.
(e) The local legislative body has voted to adopt the proposed
initial operating plan for the neighborhood improvement district.
The local legislative body shall publish a class 2 notice under ch.
985 regarding the meeting at which the local legislative body will
vote on whether to adopt the proposed initial operating plan for the
neighborhood improvement district. Before publication, a copy
of the notice shall be sent by certified mail to all owners of real
property within the proposed neighborhood improvement district.
(4) (a) 1. If the local legislative body adopts the proposed ini-
tial operating plan under sub. (3) (e), it shall determine the size of
board, which shall consist of at least 5 members, all of whom shall
own or occupy real property in the neighborhood improvement
district.
2. The number of board members who represent commercial
and residential property, respectively, shall be set by the local leg-
islative body, as closely as possible, in the same proportion as is
the aggregate valuation of commercial property in the neighbor-
hood improvement district to the total assessed value of all prop-
erty in the district, and the aggregate valuation of residential prop-
erty in the district to the total assessed value of all property in the
district.
3. The local legislative body shall set the time and place for
a meeting at which members of the board will be elected, and shall
publish a class 2 notice under ch. 985 that contains this informa-
tion. The notice shall specify that all individuals who either own
or occupy real property within the neighborhood improvement
district are eligible to serve on the board and vote at the election.
4. At the meeting, the individuals who own or occupy real
property shall be divided into 2 groups. One group shall consist
of those individuals who own or occupy commercial property, and
one group shall consist of those individuals who own or occupy
residential property. Each group shall elect from among its mem-
bers the number of board members set to represent its group by the
local legislative body under subd. 2.
5. Board members elected under subd. 4. shall serve a one
year term, and may be reelected. Annually, the number of board
members who represent commercial and residential properties,
based on the calculation described in subd. 2., may be reallocated
by the local legislative body to the greatest extent possible to be
consistent with the proportion described under subd. 2.
6. Annually, board members shall be elected under the proce-
dures contained in this paragraph. If a vacancy occurs during the
tern of a board member, an individual shall be elected to fill the
unexpired term of the member under the procedures contained in
this paragraph.
(b) The board shall annually consider and may make changes
to: be operating plan, which may include termination of the plan,
for the neighborhood 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 oper-
ating plan and may continue to resubmit the operating plan until
local legislative body approval is obtained. Any change to the
special assessment method applicable to the neighborhood
improvement district shall be approved by the local legislative
body.
(c) The board shall prepare and make available to the public
annual reports describing the current status of the neighborhood
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 neighborhood 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 of the powers necessary or convenient to imple-
ment the operating plan, including the power to contract.
(5) All special assessments received from a neighborhood
improvement district and all other appropriations by the munici-
pality or other moneys received for the benefit of the neighbor-
hood improvement district shall be placed in a segregated account
in the municipal treasury. No disbursements from the account
may be made except to reimburse the municipality for appropri-
ations other than special assessments, to pay the costs of audits
required under sub. (4) (c) or on order of the board for the purpose
of implementing the operating plan. On termination of the neigh-
borhood 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
neighborhood improvement district, in the same proportion as the
last collected special assessment.
(6) (a) Subject to pars. (b) and (c), a municipality shall termi-
nate a neighborhood improvement district if one of the following
occurs:
1. The owners of property assessed under the operating plan
having a valuation equal to more than 50 percent of the valuation
of all property assessed under the operating plan, using the method
of valuation specified in the operating plan, file a petition with the
planning commission requesting termination of the neighborhood
improvement district.
2. The owners of property assessed under the operating plan
having an assessed valuation equal to more than 50 percent of the
assessed valuation of all property assessed under the operating
plan, file a petition with the planning commission requesting ter-
mination of the neighborhood improvement district.
3. The owners of property assessed under the operating plan
having a valuation equal to more than 50 percent of the valuation
of all property assessed under the operating plan fail to file a peti-
tion with the planning commission to continue the neighborhood
improvement district within one year of the date on which the
membership of the board changes from a majority which repre-
sents commercial properties to a majority that represents residen-
tial properties, or vice versa, as described under sub. (4) (a) 3.
(b) 1. A petition may not be filed under this subsection earlier
than one year after the date on which the municipality first adopts
th6 operating plan for the neighborhood improvement district.
2. On and after the date on which a petition is filed under par.
(a) 1. or 2., or on and after the date on which a petition must be filed
under par. (a) 3., 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
Text from the 2007 -08 Wis. Stats. database updated by the Legislative Reference Bureau. Only printed statutes are certified
under s. 35.18 (2), scats. Statutory changes effective prior to 9 -1 -09 are printed as if currently in effect. Statutory changes effec-
tive on or after 9 -1 -09 are designated by NOTES. Report errors at (608) 266 -3561, FAX 264 -6948, http://Www.le-
gls,state.wi.us1rsb/stats.html
13
APPENDIX D
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, 54903-1130 City of Oshkosh
—
QlHKQlH
City Attorney's Office
Phone: (920) 236 -5115
Fax: (920) 236 -5106
http;/1www.c1.oshkosh.wi.us
November 10, 2009
Mr. Darryn Burich
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. Burich:
I have reviewed the 2010 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)(0 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.
14
co,
APPENDIX E
Downtown Oshkosh Business Improvement District Board Members
Board Member
Category
Term Expires
Todd Cummings
Owner /Occupant
6/1111
David Hetzel
At -Large
6/1/12
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
6/1/12
David Sparr, Chair
Owner /Occupant
611/10
James Stapel
Owner /Occupant
611/12
Melody Wollangk
Non - Owner /Occupant
6/1/11
15 Downtown Othkoih
W U bUAAW1Impmwmc.t diitdct