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HomeMy WebLinkAbout10-356NOVEMBER 23, 2010 10 -356 RESOLUTION (CARRIED 6 -1 P LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF 2011 BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN AND BUDGET INITIATED BY: DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT BOARD BID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 2011 Operating Plan and Budget is hereby approved and adopted. O.f HKO1H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich� Director of Planning Services DATE: November 18, 2010 RE: Approval of 2011 Business Improvement District Operating Plan and Budget (Business Improvement District Recommends Approval) BACKGROUND The Downtown Oshkosh Business Improvement District (BID) Board is required 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 2011 Operating Plan at its November 16`" meeting. The total assessment to the BID will be $152,350 which is the same as the 2010 assessment. Due to a significant decrease in the assessment of one of the more valuable BID 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. As part of the downtown beautification efforts, the BID will be responsible for annual maintenance of the new several dozen planters located along the newly reconstructed N. Main Street and throughout the BID District. RECOMMENDATION The BID Board approved the 2011 Annual Operating Plan at its November 16, 2010 meeting. Approved, City Manager DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2011 OPERATING PLAN 0 OlHKQlH ON THE WATER Downtown Orhhorh ts d butineii Improvement diitdct BID Board Approved: November 16, 2010 Common Council Approved: November 23, 2010 (pending) Downtown Orhkoih bit! .m „o.....-,— TABLE OF CONTENTS DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES .................... ..............................I INTRODUCTION ........................................................................................... .............................. THEBID LAW ................................................................................................ .............................. 2011 OPERATING PLAN AND ASSESSMENT ......................................... ..............................3 ORGANIZATION ........................................................................................... .............................. RELATIONSHIP TO DOWNTOWN PLANNING ..................................... ..............................6 DOWNTOWN OSHKOSH BID ASSESSMENT METHOD ...................... ..............................6 APPENDIXA - BUDGET ................................................... ..............................8 APPENDIXB - ASSESSMENT TABLES .................................................... ..............................9 APPENDIX C - WISCONSIN STATUTES, SECTION 66. 1109 ............... .............................11 APPENDIXD - LEGAL OPINION .............................................................. .............................14 APPENDIX E - DOWNTOWN OSHKOSH BID BOARD ROSTER ....... .............................15 Downtown Orhkorh i b.A..n Impmu.mmt dlitdct 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. Downtown Oihkoih builnsif lmptovsmcnt dlitdct Downtown Oshkosh Business Improvement District Boundaries 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 Othkoth bl d budnui Impf -at dlrtA<t DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2011 OPERATING PLAN AND ASSESSMENT The Downtown Oshkosh BID has established allocations for the 2011 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 2011 which is the same as 2010. PROGRAM CATEGORIES Leadership 553,800 OAEDC Service Contract (BID Manager) $50,000 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. OCMS Downtown Television Program $2,800 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 $1,000 This 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 526,000 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 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 3 Downtown Othkoth bid bvdovi improvcment dirtAd importance of continuing to support this fund as an additional resource for new businesses wanting to locate in the BID. Destination $19,800 Events Holiday Parade $1,000 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 $3,000 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 General and Advertising $5,000 This funding is for promotion and advertising of the BID and BID businesses in general. The funds are under control of the BID Manager. Business After Hours $500 The Oshkosh Chamber of Commerce is planning to hold a business after hours downtown in Opera House Square. The funds will be used to rent a large tent for the event and assist with food costs. Saturday Farmers Market $3,000 The Saturdays Farmers Market is being relocated to Main Street. The funds are to assist the organizers with signage costs, advertisement, and any additional costs implicated with the relocation to Main Street. Marketing Consortium $5,500 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 $1,500 The Halloween event is a BID sponsored family oriented event that includes trick or treating at 4 Downtown Othkoth bid butlnctt Improvement dttttkt BID stores, games in Opera House Square and a costume contest. This event has been very popular with the community in past years. Holidqy 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 $28,620 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 $7,500 These funds will be used for holiday decorations including the tree for Opera House Square. Planter Maintenance $1,120 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 $18,630 This line item is to cover the commitment made by the BID to repay a bond issue for a parking lot in the BID. Downtown Oihkoih bid builaw Imp.- -t diftAct 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 2010 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. The raw data, assessment calculations, and proposed District assessment for each property in the 6 Downtown O/hkoth bid bwlnan lmprovamant dlrtdct 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. k�) Downtown Othkoth ts d bvalneu improvement dlAdct APPENDIX A 2011 BUSINESS IMPROVEMENT DISTRICT BUDGET REVENUE - 2011 ASSESSMENT $152,350 EXPENSES $152,350 Leadership 53,800 OAEDC Service Contract (BID Manager) 50,000 OCMS Downtown Television Program 2,800 Professional Development 1,000 Recruitment and Retention 26,000 Recruitment Grant Program 25,000 Revolving Loan Fund 1,000 Destination 19,800 Events Holiday Parade 1,000 Waterfest 2,500 Live at Lunch 3,000 Gallery Walk 3,000 Movies in the Park 1,800 Saturdays Farmers Market 3,000 Business After Hours 500 General and Advertising 5,000 Marketing Consortium 5,500 Destination Downtown 1,500 Halloween 1,500 Holiday Shopping Event 2,500 Beautification Contracted Services Holiday Planter Maintenance Other 28,620 15,000 7,500 1,120 5,000 Parking 18,630 Downtown Orhkoih bi bwlne" Improvement dtrtrkt EXHIBIT B 2011 DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ROLL PARCEL NO. OWNER ASSESSED ADDRESS VALUE % TOTAL ASSESSED VALUE FOOTAGE % TOTAL FOOTAGE TOTAL % 2011 TOTAL % /2 ASSESSMENT ON $152 350 2010 $CHANGE ASSESSMENT FROM 2010 ON $152,350 90100960000 NASLUND NELS H /CAROL J 101 ALGOMA BLVD $ 120,200 0.24387% 84.00 0.63162% 0.87549% 0.43774% $ 666.90 $ 665.21 $ 1.69 90100950000 ALBRIGHT ROBERT J 103 ALGOMA BLVD $ 304,800 0.61839% 50.00 0.37597% 0.99436% 0.49718% $ 757.45 $ 753.16 $ 4.29 90700060000 ALGOMA BUILDING LLC 110 ALGOMA BLVD $ 346,700 0.70340% 83.87 0.63064% 1.33404% 0.66702% $ 1,016.21 $ 1,011.33 $ 4.88 90701220000 STAPEL PROPERTIES LLC 138 ALGOMA BLVD $ 136,100 0.27613% 100.00 0.75193% 1.02806% 0.51403% $ 783.12 $ 781.20 $ 1.92 90701230000 146 ALGOMA BLVD LLC 146 ALGOMA BLVD $ 701,900 1.42404% 140.00 1.05270% 2.47675% 1.23837% $ 1,886.66 $ 1,876.78 $ 9.88 90100600101 BAYSHORE DEVELOPMENT II LLC 101 COMMERCE ST $ 6,843,600 13.88458% 301.00 2.26331% 16.14789% 6.07395% $ 12,300.66 $ 12,204.29 $ 96.37 90100990100 MANSKE WILLIAM R 300 DIVISION ST $ 91,500 0.18564% 40.00 0.30077% 0.48641% 0.24321% $ 370.52 $ 369.24 $ 1.28 90701240000 STAPEL PROPERTIES LLC DIVISION ST $ 25,700 0.05214% 40.00 0.30077% 0.35291% 0.17646% $ 268.83 $ 268.47 $ 0.36 90701250000 STAPEL PROPERTIES LLC 420 DIVISION ST $ 109,900 0.22297% 80.00 0.60154% 0.82451% 0.41226% $ 628.07 $ 626.53 $ 1.54 90100860000 SPARR INVESTMENTS 101 HIGH AVE $ 81,500 0.16535% 70.00 0.52635% 0.69170%1 $ 526.90 $ 525.76 $ 1.14 90100850000 SPARR INVESTMENTS LLC 103 HIGH AVE $ 262,200 0.53196% 40.00 0.30077% 0.83273% 0.41637% $ 634.34 $ 630.64 $ 3.70 90100890000 HERMANS MAX P /KARIN L 114 HIGH AVE $ 100,100 0.20309% 20.00 0.15039% 0.35347% 0.17674% $ 269.26 $ 267.85 $ 1.41 90100870000 KINGS LAUNDRY INC 118 HIGH AVE $ 248,800 0.50478% 150.00 1.12790% 1.63267% 0.81634% $ 1,243.69 $ 1,240.18 $ 3.51 90101060000 GILLENS LLC 135 HIGH AVE $ 30,400 0.06168% 38.00 0.28573% 0.34741% 0.17371% $ 264.64 $ 264.21 $ 0.43 90101050000 KLRR INC 139 HIGH AVE $ 142,300 0.28870% 30.00 0.22558% 0.51428% 0.25714% $ 391.76 $ 389.75 $ 2.01 90101040000 KLRR INC 141 HIGH AVE $ 117,700 0.23879% 20.00 0.15039% 0.38918% 0.19459% $ 296.46 $ 294.80 $ 1.66 90101000000 NORTHERN TELEPHONE & DATA CORP 144 HIGH AVE $ 298,800 0.60622% 50.001 0.37597% 0.98218% 0.49109% $ 748.18 $ 743.97 $ 4.21 90101030000 WILKINS 145 LLC 145 HIGH AVE $ 217,300 0.44087% 60.00 0.45116% 0.89203%1 0.44601% $ 679.50 $ 676.44 $ 3.06 90101020000 MAG ENTERPIZE LLC HIGH AVE $ 41,900 0.08501% 120.00 0.90232% 0.98732%1 0.49366% $ 752.09 $ 751.50 $ 0.59 90100990000 MANSKE WILLIAM R HIGH AVE $ 30,200 0.06127% 100.00 0.75193% 0.81320%1 0.40660% $ 619.46 $ 619.03 $ 0.43 90100400000 NASHCO HOSPITALITY GROUP LLC 1 N MAIN ST $ 1,926,300 3.90816% 423.89 3.18736% 7.09551% 3.54776% $ 5,405.02 $ 7,962.10 $ 2,557.08 90800570000 DAYMARK 100 N MAIN LLC /OSHKOSH 620 LLC 100 N MAIN ST $ 4,473,200 9.07542% 874.54 6.57593% 15.65134% 7.82567% $ 11,922.41 $ 11,068.92 $ 853.49 90100300000 FIRST WISC NATL BANK OSHKOSH 111 N MAIN ST $ 3,000,000 6.08653% 874.92 6.57879% 12.66531% 6.33266% $ 9,647.80 $ 9,605.56 $ 42.24 90200030000 HARENBURG THOMAS A 206 N MAIN ST $ 202,800 0.41145% 61.89 0.46537% 0.87682% 0.43841% $ 667.92 $ 606.26 $ 61.66 90200190000 GRUENSTERN JON P 210 N MAIN ST 100 $ 380,700 0.77238% 16.681 0.12542% 0.89780% 0.44890% $ 683.90 $ 678.54 $ 5.36 90200190200 GRUENSTERN JON P 210 N MAIN ST 150 $ 74,100 1 0.15034% 16.68 0.12542% 0.27576% 0.13788% $ 210.06 $ 209.02 $ 1.04 90200190100 NIAGARA FALLS LLC 210 N MAIN ST 200 $ 482,900 1 0.97973% 16.68 0.12542% 1.10515% 0.55257% $ 841.85 $ 835.05 $ 6.80 90200190300 NIAGARA FALLS LLC 210 N MAIN ST B50 $ 15,200 0.03084% 16.68 0.12542% 0.15626%1 0.07813% $ 119.03 $ 118.82 $ 0.21 90200180000 ESSLINGER PAUL J 216 N MAIN ST $ 134,100 0.27207% 26.70 0,20077% 0.47283% 0.23642% $ 360.18 $ 358.29 $ 1.89 90100140000 CLOVER INVESTMENTS LLC 217 N MAIN ST $ 603,200 1.22380% 180.00 1.35347% 2.57727% 1.28864% $ 1,963.24 $ 1,954.74 $ 8.50 90200020000 RUSCH ETAL THOMAS N 220 N MAIN ST $ 221,900 0.45020% 67.00 0.50379% 0.95399% 0.47700% $ 726.70 $ 723.58 $ 3.12 90100130000 REDEVELOPMENT ASSOCIATES OF OSHKOSH LLC 223 N MAIN ST $ 193,100 0.39177% 103.60 0.77900% 1.17077% 0.58538%1$ 891.83 $ 889.11 $ 2.72 90200120000 BAIER BARBARA J 224 N MAIN ST $ 35,300 0.07162% 20.00 0.15039% 0.22200% 0.11100% $ 169.11 $ 168.61 $ 0.50 90200010000 BND ENTERPRISES LLC 226 N MAIN ST $ 129,700 0.26314% 56.67 0.42612% 0.68926% 0.34463% $ 525.04 $ 523.22 90200760000 BBLD LLC 300 N MAIN ST $ 450,000 0.91298% 495.22 3.72371% 4.63669% 2.31834% $ 3,532.01 $ 4,016.78 90200820000 EXCLUSIVE COMPANY CORP 318 N MAIN ST $ 325,800 0.66100% 128.60 0.96698% 1.62798% 0.81399% $ 1,240.11 $ 1,235.53 90700010000 R G M INVESTMENTS 401 N MAIN ST $ 161,300 0.32725% 99.76 0.75013% 1.07738 % 0.53869% $ 820.69 L484.77 $ 818.42 90400790000 FOX RIVER DEVELOPMENT CO LLC 404 N MAIN ST $ 633,700 1.28568% 154.50 1.16173% 2.44741% 1.22370% $ 1,864.31 $ 1,855.38 90700010200 THANK YOU VERY MUCH FOR THE MONEY LLC 407 N MAIN ST $ 172,800 0.35058 % 35.13 0.26415% 0.61474% 0.30737% $ 468.28 $ 465.84 90401000000 STREUR REV TRUST WILLIAM J /LUANN 408 N MAIN ST $ 184,100 0.37351% 62.00 0.46620% 0.83971% 0.41985% $ 639.65 $ 637.05 . 90700010300 PYFER JEFFREY L 411 N MAIN ST $ 72,100 0.14628% 29.20 0.21956% 0.36584%1 0.18292% $ 278.68 $ 277.67 $ 1.01 90700020000 KRUMRICH ETAL JOSEPH F 413 N MAIN ST $ 36,800 0.07466% 20.00 0.15039% 0.22505%1 0.11252% $ 171.43 $ 170.91 $ 0.52 90400990000 GIOMBETTI JAMES A 414 N MAIN ST $ 35,800 0.07263% 16.00 0.12031% 0.19294% 0.09647% $ 146.97 $ 146.47 $ 0.50 90700030000 415 417 419 NORTH MAIN STREET LLC 415 N MAIN ST $ 396,300 0.80403% 59.80 0.44965% 1.25368% 0.62684% $ 954.99 $ 949.41 $ 5.58 90400800000 GIOMBETTI JAMES A 416 N MAIN ST $ 93,300 0.18929% 20.00 0.15039% 0.33968% 0.16984% $ 258.75 $ 257.44 $ 1.31 90400810000 EXCLUSIVE CO CORP THE 418 N MAIN ST $ 66,100 0.13411% 20.001 0.15039% 0.28449% 0.14225% $ 216.71 $ 215.78 $ 0.93 90400820000 D & M RENTALS LLC 420 N MAIN ST $ 114,500 0.23230% 20.00 0.15039% 0.38269% 0.19134%1 $ 291.51 $ 289.90 90700080000 421 NORTH MAIN STREET LLC 421 N MAIN ST $ 234,200 0.47515% 20.00 0.15039 % 0.62554% 0.31277% $ 476.51 $ 473.21 $ 3.30 90400830000 422 & 424 NORTH MAIN STREET LLC 422 N MAIN ST $ 114,400 0.23210% 18.00 0.13535%1 0.36745% 0.18372% $ 279.90 $ 278.29 $ 1.61 90700100000 MARSH JEFFREY J 423 N MAIN ST $ 106,300 0.21567% 20.00 0.15039% 0.36605% 0.18303% $ 278.84 $ 277.34 $ 1.50 90400840000 422 & 424 NORTHMAIN STREET LLC 424 N MAIN ST $ 117,100 0.23758% 18.00 0.13535% 0.37292% 0.18646% $ 284.08 $ 282.43 $ 1.65 90400850000 EVANS /GAIL PANSKE JAMES 426 N MAIN ST $ 84,300 0.17103% 20.00 0.15039% 0.32142% 0,16071% $ 244.84 $ 243.65 $ 1.19 90700110000 STAPEL PROPERTIES LLC 427 N MAIN ST $ 385,800 0.78273% 82.75 0.62222% 1.40495% 0.70247% $ 1,070.22 $ 1,064.79 $ 5.43 90400860000 428 NORTH MAIN STREET LLC 428 N MAIN ST $ 102,000 0.20694% 20.00 0.15039% 0.35733% 0.17866% $ 272.19 $ 270.76 $ 1.43 90400870000 JFS ENTERPRISES LLC 430 N MAIN ST $ 134,100 0.27207% 20.00 0.15039% 0.42245% 021123%1 $ 321.80 $ 319.92 $ 1.88 90400880000 ITOD MAR PROPERTY MANAGEMENT 1434 N MAIN ST 1 $ 272,100 1 0.55205% 38.00 0.28573% 0.83778% 0.41889% $ 638.18 $ 634.35 $ 3.83 90700120000 BRITTON BRADFORD C 435 N MAIN ST $ 76,000 0.1541910 27.30 0.20528% 0.35947%0 0. 17973%0 $ 273.83 $ 272.76 $ 1.07 90400980000 TOOMAR PROPERTY MANAGEMENT 436 N MAIN ST $ 192,700 0.39096% 22.00 0.16542 % 0.55638% 0.27819% $ 423.82 $ 280.84 $ 142.98 90400900000 IRUBATT REAL ESTATE LLC 1438 N MAIN ST 1 $ 200,200 1 0.40617%1 41.001 0.30829%1 0.71447%1 0.35723%1 $ 544.24 $ 541.43 1 $ 2.81 PARCEL NO. OWNER ASSESSED ADDRESS VALUE % TOTAL ASSESSED VALUE FOOTAGE % TOTAL FOOTAGE TOTAL % TOTAL% /2 2011 ASSESSMENT ON $152 350 2010 ASSESSMENT ON $152 350 $CHANGE FROM 2010 90700160000 RATCHMAN INVESTMENTS LLC 439 N MAIN ST $ 160,400 0.32543% 37.80 0.28423% 0.60966% 0.30483% $ 464.41 $ 462.15 $ 2.26 90700170000 KIFLE BARBARA K 441 N MAIN ST $ 90,600 0.18381% 20.00 0.15039% 0.33420% 0.16710% $ 254.58 $ 253.30 $ 1.28 90700190000 STAPEL PROPERTIES LLC 445 N MAIN ST $ 103,500 0.20999% 38.00 0.28573% 0.49572% 0.24786% $ 377.61 $ 376.16 $ 1.45 90400960000 JAHNKE 448 MAIN LLC 448 N MAIN ST UNIT 1 $ 399,700 0.81093% 38.20 0.28724% 1.09817% 0.54908% $ 836.53 $ 830.90 $ 5.63 90700140000 STAPEL PROPERTIES LLC 451 N MAIN ST $ 268,000 0.54373% 85.60 0.64365% 1.18738% 0.59369% $ 904.49 $ 900.71 $ 3.78 90400950000 SAKSCHEK JOHN J /KATHLEEN 452 N MAIN ST $ 118,500 0.24042% 20.00 0.15039% 0.39080% 0.19540% $ 297.69 $ 296.03 $ 1.66 90700200000 STAPEL MR /MRS CARLA 455 N MAIN ST $ 56,600 0.11483% 20.00 0.15039% 0.26522% 0.13261% $ 202.03 $ 201.23 $ 0.80 90401070000 HILL MADONNA J 456 N MAIN ST $ 200,000 0.40577% 38.50 0.28949% 0.69526% 0.34763% $ 529.62 $ 526.80 $ 2.82 90700210000 STAPEL PROPERTIES LLC 457 N MAIN ST $ 56,400 0.11443% 20.00 0.15039% 0.26481% 0.13241% $ 201.72 $ 200.93 $ 0.79 90700240000 STAPEL PROPERTIES LLC 459 N MAIN ST $ 89,100 0.18077% 40.00 0.30077% 0.48154% 0.24077% $ 366.81 $ 365.56 $ 1.25 90700230000 STAPEL PROPERTIES I LLC 463 N MAIN ST $ 82,400 0.16718% 20.00 0.15039% 0.31756% 0.15878% $ 241.90 $ 240.74 $ 1.16 90700220000 STAPEL PROPERTIES I LLC 465 N MAIN ST $ 90,700 0.18402% 61.631 0.46341% 0.64743% 0.32372% $ 493.18 $ 491.90 $ 1.28 90400940000 BENT BLOCK OSHKOSH LLC 480 N MAIN ST $ 500,000 1.01442% 116.00 0.87224% 1.88666% 0.94333% $ 1,437.16 $ 1,430.12 $ 7.04 90401080000 WAGNER OPERA HOUSE LLC 500 N MAIN ST $ 443,500 0.89979% 445.00 3.34609% 4.24588% 2.12294% $ 3,234.30 $ 3,484.10 $ 249.80 90700260000 COMPASS PROPERTIES WEBSTER BLDG LLC 501 N MAIN ST $ 643,200 1.30495% 138.97 1.04496% 2.34991% 1.17495% $ 1,790.04 $ 1,780.99 $ 9.05 90700290000 OLH LLC 511 N MAIN ST $ 95,000 0.19274% 20.00 0.15039% 0.34313% 0.17156% $ 261.38 $ 260.04 $ 1.34 90700270000 3710 LISBON LLC 513 N MAIN ST $ 124,200 0.25198% 20.00 0.15039% 0.40237% 0.20118% $ 306.50 $ 304.76 $ 1.74 90700280000 LEE JAMES D 515 N MAIN ST $ 90,100 0.18280% 20.00 0.15039% 0.33318% 0.16659%1 $ 253.80 $ 252.53 1 $ 1.27 90700320000 BACKUS LARRY J 519 N MAIN ST $ 244,900 0.49686% 60.00 0.45116% 0.94802% 0.47401% $ 722.16 $ 718.71 $ 3.45 90700340000 FRISCH BRIAN /KAREN 523 N MAIN ST $ 77,200 0.15663% 20.00 0.15039% 0.30701% 0.15351% $ 233.87 $ 232.78 $ 1.09 90700350100 KITZ/THOMAS KITZ JEFFREY L 531 N MAIN ST $ 227,000 0.46055% 60.91 0.45800% 0.91855% 0.45927% $ 699.70 $ 596.51 $ 3.19 90700360000 CRESCENT MOON PROPERTIES LLC 537 N MAIN ST $ 197,500 0.40070% 180.00 1.35347% 1.75417% 0.87709% $ 1,336.24 $ 1,382.62 $ 46.38 90401130000 CRESCENT MOON PROPERTIES LLC 538 N MAIN ST $ 107,800 0.21871% 70.00 0.52635% 0.74506% 0.37253% $ 567.55 $ 566.03 $ 1.52 90401150000 BRICKHOUSE PROPERTIES LLC 544 N MAIN ST $ 137,300 0.27856% 58.75 0.44176% 0.72032 % 0.36016% $ 548.70 $ 546.77 $ 1.93 90700380000 FIRST NATIONAL BANK FOX VALLEY 547 N MAIN ST $ 204,700 0.41530% 235.00 1.76704% 2.18234%1 1.09117% $ 1,662.40 $ 1,659.51 $ 2.89 90401620000 FOX RIVER DEVELOPMENT CO LLC 558 N MAIN ST $ 466,500 0.94645% 100.00 0.75193% 1.69838% 0.84919% $ 1,293.74 $ 1,287.18 $ 6.56 90401630000 BLESER ALBERT E 561 JEFFERSON ST $ 19,200 0.03895% 62.00 0.46620% 0.50515% 0.25258% $ 384.80 $ 384.53 $ 0.27 90401670000 BLESER ALBERT E 566 N MAIN ST $ 138,800 0.28160% 100.381 0.75479% 1.03639% 0.51820% $ 789.47 $ 787.52 $ 1.95 90401680000 EXCEL PROPERTIES LLC 570 N MAIN ST $ 342,200 0.69427% 90.00 0.67674% 1.37101% 0.68550% $ 1,044.36 $ 1,039.55 $ 4.81 90700460000 JRD INVESTMENTS LLC 571 N MAIN ST $ 482,300 0.97851% 225.40 1.69485% 2.67336% 1.33668% $ 2,036.43 $ 2,029.63 6 $ .80 90700500000 SCHROEDER RICHARD /SUZANNE 579 N MAIN ST $ 143,600 0.29134% 83.35 0.62673% 0.91808% 0.45904% $ 699.34 $ 697.32 $ 2.02 90401700000 SEIFELDT REV TRUST ESTHER D 582 N MAIN ST $ 221,700 0.44979% 97.50 0.73313% 1.18293% 0.59146% $ 901.09 $ 704.40 $ 196.69 90401710000 IVERNER ALFRED J /BONNIE 584 N MAIN ST $ 99,800 0.20248% 105.00 0.78953% 0.99200%1 0.49600% $ 755.66 $ 754.25 $ 1.41 90100170000 M & I CENTRAL STATE BANK N MAIN ST $ 70,400 0.14283% 233.40 1.75500% 1.89784% 0.94892% $ 1,445.68 $ 1,444.68 90401600000 FOX RIVER DEVELOPMENT CO /BRICKHOUSE PROP N MAIN ST $ 48,300 0.09799% 60.80 0.45717% 0.55517% 0.27758% $ 422.90 $ 422.22 90401720000 LAGER WAYNE R 17 E PARKWAY AVE $ 83,000 0.16839% 120.00 0.90232% 1.07071% 0.53535% $ 815.61 $ 814.44 90700640000 VALLEY MARKETING INC 11 W PARKWAY AVE $ 59,800 0.12132% 113.75 0.85532% 0.97665% 0.48832% $ 743.96 $ 743.12 M$l 90100810000 M & I CENTRAL STATE BANK 50 PEARL AVE $ 1,028,400 2.08646% 773.83 5.81866% 7.90512% 3.95256% $ 6,021.73 $ 6,007.25 90100600000 CITY CENTER ASSOCIATES LLC 201 PEARL AVE $10,144,900 20.58240% 1779.37 13.37962% 33.96202% 16.98101% $ 25,870.57 $ 23,961.56 90100770000 HILLENBRAND TRUSTEE ANNE B 222 PEARL AVE $ 136,800 0.27755% 40.00 0.30077% 0.57832% 0.28916% $ 440.53 $ 438.61 90101180000 OSHKOSH COMMUNITY CREDIT UNION 250 PEARL AVE $ 250,500 0.50822% 180.00 1.35347%1 1.86170% 0.93085% $ 1,418.15 $ 1,375.27 $ 42.88 90800350000 STATE STREET SUITES LLC 126 STATE ST $ 427,300 0.86692% 193.50 1.45498%1 2.32191% 1.16095% $ 1,768.71 $ 1,762.70 $ 6.01 90200240000 WINNEBAGO COUNTY 206 STATE ST $ 324,600 0.65856% 120.00 0.90232% 1.56088% 0.78044% $ 1,189.00 $ 1,184.43 $ 4.57 90200230000 OSHKOSH MARTIAL EDUCATION CENTER LLC 208 STATE ST $ 337,900 0.68555% 80.00 0.60154% 1.28709% 0.64354% $ 980.44 $ 975.68 $ 4.76 90200210000 GANNETT MIDWEST PUBLISHING INC 216 STATE ST $ 309,700 0.62833% 42.00 0.31581% 0.94414% 0.47207% $ 719.20 $ 712.39 $ 6.81 90200080000 VERHOEVEN PATRICIA M 219 STATE ST $ 271,500 0.55083% 47.90 0.36017% 0.91101% 0.45550% $ 693.96 $ 690.14 $ 3.82 90200200000 GANNETT MIDWEST PUBLISHING INC 224 STATE ST $ 687,000 1.39381% 205.20 1.54296% 2.93677% 1.46839% $ 2,237.09 $ 2,207.50 $ 29.59 90200640000 KIECKHAFER REV TRUST H A/P D 300 STATE ST $ 122,000 0.24752% 90.00 0.67674% 0.92426% 0.46213% $ 704.05 $ 702.33 $ 1.72 90200110000 REIMER SNIDER PROPERTIES LLC 9 WAUGOO AVE $ 70,900 0.14384% 34.501 0.25942% 0.40326% 0.20163% $ 307.18 $ 306.19 $ 0.99 90200100000 BURNS GERALD 13 WAUGOO AVE $ 86,000 0.17448% 20.501 0.15415% 0.32863% 0.16431% $ 250.33 $ 249.12 $ 1.21 90200090000 BURNS GERALD WAUGOO AVE $ 10,400 0.02110% 34.50 0.25942% 0.28052% 0.14026% $ 213.68 $ 213.54 $ 0.14 90200140000 TOMAN /SANDRA PRUNTY DEBRA J 17 WAUGOO AVE $ 55,400 0.11240% 20.00 0.15039% 0.26278% 0.13139% $ 200.18 $ 199.40 $ 0.78 90200150000 CASPER WILLIAM J /SEAN C 19 WAUGOO AVE $ 100,800 0.20451% 40.00 0.30077% 0.50528% 0.25264% $ 384.90 $ 383.48 $ 1.42 90200160000 JACOPA INC 25 WAUGOO AVE $ 63,400 0.12863% 20.00 0.15039% 0.27901% 0.13951%1 $ 212.54 1 $ 211.65 $ 0.89 90200170000 JACOPA INC WAUGOO AVE $ 6,700 0.01359% 47.01 0.35348% 0.36708% 0.18354% $ 279.62 $ 279.53 $ 0.09 90401030000 OSHKOSH SAVINGS &LOAN ASSN 16 WASHINGTON AVE $ 545,200 1.10612% 248.00 1.86479% 2.97091% 1.48546 % $ 2,263.09 $ 2,255.41 $ 7.68 90200880000 IROBL PROPERTIES LLC 105 WASHINGTON AVE 1 $ 440 1 0.89269% 126.80 0.95345% 1.8 4614% 0.92307 % $ 1,406.31 1 $ 1,724.59 $ 318.28 TOTALS 1 $49,289,200 1100.00000%1 13299.111100.00000%1200.00000%1100.00000%1 $ 152,350.00 1 $ 152 1 S 0.00 APPENDIX C Electronic reproduction of 2007 -08 Wis. Stats. database, updated and current through 2009 Act 406 and June 30, 2010. 149 Updated 07 -08 Wis. Stats. Database MUNICIPAL LAW 66.1109 Not certified under .s. 35.18 (2), stats. 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 1st 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. (e) 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; Slats. 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 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 1 -2 -10 are printed as if currently in effect. Statutory changes effec- tive on or after 1 -1 -10 are designated by NOTES. Report errors at (608) 266 -3561, FAX 264 -6948, http: / /www.le- gis. state. wi. us /rs b/s to ts. h tm l Electronic reproduction of 2007 -08 Wis. Stats. database, updated and current through 2009 Act 406 and June 30, 2010. Updated 07 -08 Wis. Stats. Database 150 Nr,,.,._.i: cod ,...de. � 2S_ 1R 121 date 66.1109 MUNICIPAL LAW 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 trade 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 tenninate 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; State. 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 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 1 -2 -10 are printed as if currently in effect. Statutory changes effec- tive on or after 1 -2 -10 are designated by NOTES. Report errors at (608) 266 -3561, FAX 264 -6948, http: / /www.ie- gis. state. wl.us /rsb /stats.html APPENDIX D CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 54903-1130 City of Oshkosh 0 onHKCV City Attorney's Office Phone: (920) 236 -5115 Fax: (920) 236 -5106 http;/1www.ci.oshkosh.w1.us November 10, 2010 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 2011 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, &CIITA F OSHK H Loren son �� City Attorney APPENDIX E Downtown Oshkosh Business Improvement District Board Members Board Member Todd Cummings David Hetzel Megan Lang, Vice Chair Kurt Koeppler Jeff Jahnke Sandy Prunty Michael Russell David Sparr, Chair James Stapel Melody Wollangk Category Term Expires Owner /Occupant 6/1/11 At -Large 6/1/12 Owner /Occupant 6/1/13 Non- Occupant/Owner 6/1/11 Owner /Occupant 6/1/11 Owner /Occupant 6/1/13 Non - Owner /Occupant 6/1/12 Owner /Occupant 6/1/13 Owner /Occupant 6/1/12 Non - Owner /Occupant 6/1/11 9 Downtown Othkoih 51 d builnvi improucment dlitrlct