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Home My WebLink About12. 13-513 NOVEMBER 26, 2013 13-513 RESOLUTION (CARRIED___7-0___LOST______LAID OVER______WITHDRAWN______) PURPOSE: APPROVE 2014 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 2014 Operating Plan and Budget in the amount of $143,622 is hereby approved and adopted. O.IHKOIH 0" THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: November 20, 2013 RE: Approval of 2014 Downtown Oshkosh 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 mandated by Statute and have been approved by the City Attorney as consistent with statutory requirements. The BID is a self - assessing entity and receives no City funding for their operating budget. The Common Council's role is to review and either approve or deny the plan /budget as presented. Any suggested changes or alterations to the plan or budget must be referred back to the BID Board for their consideration. ANALYSIS The BID Board approved the 2014 Operating Plan and budget at its November 19th meeting. The proposed assessment to the BID is $143,622.00, an increase of $9,564.00 (7.1 %) over the 2013 assessment. The reason for the increase is that in budget years 2012 and 2013, the BID reduced assessments and utilized reserve funds to supplement the operating budget. Also, a 25% increase on the final payment to the Parking Utility factored into increasing the assessment. Due to changes in current assessed values of properties, the loss of one assessable property and the assessment increase, most BID properties will see varying increases in their BID assessment. FISCAL IMPACT The BID is a self- assessing entity and receives no City funding for their operating budget. In terms of fiscal impact on BID property owners, most assessable properties will have varying increases to their assessments. In terms of the City as a whole, the BID is assisting with the cost of repayment of a parking utility bond which retires in 2014. As part of the downtown beautification efforts, the BID will continue annual maintenance of the planters and landscaping located along N. Main Street and throughout the BID. RECOMMENDATION The BID Board approved the 2014 Annual Operating Plan and Budget at its November 19, 2013 meeting. Approved, City Manager DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2414 OPERATING PLAN Of HKO-f H ON THE WATER Du"%wnTOwn 0 S H K 0 S H RaffetAiMj BID Board Approved: 11/19/13 Common Council Approved: pending oownfown OSHKOSH �F W. PARKWAY HLJDMJ � 1 N z 0 N _ _ z D s t I I I � AVE. CEAPE WASH u'J ML WAUGOO F y - �� E 62 r #:a r � DOWATOWn OSHKOSH 0"'PpJ9IIiH! 00"i 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. r =k 4 DOWnTOWn O S H R O S H "f— k _ _ z s CEAPE WASH u'J ML WAUGOO F y - �� E 62 r #:a r � DOWATOWn OSHKOSH 0"'PpJ9IIiH! 00"i 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. r =k 4 DOWnTOWn O S H R O S H "f— k TABLE OF CONTENTS DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES ..................... ..............................1 INTRODUCTION............................................................................................ ..............................2 THEBID LAW ................................................................................................ ..............................2 2014 OPERATING PLAN AND ASSESSMENT ......................................... ..............................3 ORGANIZATION........................................................................................... ..............................5 RELATIONSHIP TO DOWNTOWN PLANNING ..................................... ..............................5 DOWNTOWN OSHKOSH BID ASSESSMENT METHOD ...................... ..............................6 APPENDIXA - BUDGET ................................................... ..............................7 APPENDIX B - ASSESSMENT TABLES ........................................:............ ..............................8 APPENDIX C - WISCONSIN STATUTES, SECTION 66.1109 ............... .............................10 APPENDIX D - LEGAL OPINION ............................................................... ............................1.2 APPENDIX E - DOWNTOWN OSHKOSH BID BOARD ROSTER ....... .............................13 .' � 4 WQ oownrown esxxosH 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 of the Wisconsin Statutes Section 66.1109, regarding business improvement districts. 2 DOWTauin 05 H KOSH DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2024 OPERATING PLAN AND ASSESSMENT The Downtown Oshkosh BID has established allocations for the 2014 Operating Plan for each program category after reviewing previously supported activities and soliciting proposals for events. All costs related to the program categories listed below will be incurred in the calendar year 2014. 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 some of the goals established during the 2007 goal setting session, the budget is separated into the following categories; Leadership, Recruitment and Retention, Advertising, Gift Card Program, Marketing Consortium, Beautification, Parking, Storage Unit, and Reserves /Capital Improvements. The BID will assess itself $143,622.00 in 2014. PROGRAM CATEGORIES Leadership $50,000 Oshkosh Chamber of Commerce Service Contract (BID Manager) $50,000 The BID contracts with the Oshkosh Chamber of Commerce for the services of the BID Manager who is a full time employee of the BID. Responsibilities of the BID Manager include marketing and promotion, retention and recruitment, communication with BID members, facilitation of projects and programs, and support for operating subcommittees. This category will also includes the BID Manager to participate in professional development opportunities, such as conferences, expos, and business meetings. Recruitment and Retention $20,000 Recruitment/Retention Fund Grant Program $20,000 The Recruitment and Retention Fund Grant Program provides grants for certain expenses to businesses wanting to locate within the BID. The BID Board recognizes the importance of incentives to recruit and retain businesses, to fill vacant spaces and energize the downtown. Recruitment and Retention print materials are also funded from this line item. Events $3,000 W_ aterfest $2,000 The BID has supported Waterfest for years. Waterfest is a concert series that occurs on Thursday nights, June- August. The event brings a significant number of visitors to the downtown area, many of whore patronize downtown businesses before and after the event. Live at Lunch $500 Live at Lunch takes place every Wednesday, June through August and is sponsored by the Oshkosh Chamber of Commerce. BID support reflects the increased traffic generated by this event to the downtown area. DOWATOM OSHKOSH 'rt'nw' a «: Gallery Walk $500 This. event attracts hundreds of people a month to do the downtown on the first Saturday night of each month. BID support is for promotion of this event, including the printing of maps each month. Advertising $20,000 Funds used to promote and market downtown Oshkosh throughout the 2014 year. Gift Card Program $1,780 Funds used to support the ACH pooling account, promotional give -a -ways, and advertisements for this new program. Marketing Consortium $3,000 Membership Donations Fees collected from businesses who want to be a part of the Marketing Consortium group. These funds are primarily used for promotional materials. Holiday $3,000 Holiday is a combination of events and marketing pieces put together in November and December. These events and marketing materials are to promote shopping local for the holiday season, bring people downtown to find that perfect holiday gift, and to increase the overall traffic downtown. Beautification $26,750 Contracted Services $14,950 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. These funds are also used to cover the cost of switching out our downtown banners 5 times a year. Holiday $4,800 These funds will be used for holiday decorations including the tree for Opera House Square, holiday decor for all flower pots, lighting of the 9 trees around Opera House Square, and replacement light strands. Planter Maintenance $7,000 These funds will be used for contracted maintenance and plant materials for the planters for Spring planting. Parking $17,992 This line item is to cover the commitment made by the BID to repay a bond issued for a parking lot in the BID. Parking Permits $500 These funds will be used to purchase daily parking permits to offer to downtown business owners, merchants, and customers. 4 DOWATOwn OSHKOSH Storage Unit $600 This line item is to cover the cost of the BID acquiring a storage unit to store Marketing Consortium event materials and any additional materials. Reserves /Capital Improvements These funds have been set aside by the Board for projects and programs to support BID businesses. Any unspent funds from 2013 will be transferred into this account. 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 ten (10) members and two (2) alternates representing the following interests: 2 Owner/Non- Occupant 4 Non - Owner /Occuparrt 4 Owner /Occupant 2 Persons -At -Large (Includes alternates) 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 2014 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 Creation of the business improvement district promotes the orderly development of the municipality by implementing recommendations of the City Comprehensive Plan and Downtown Action Plan that contain various elements related to downtown design and development with prominent focus on beautification in BID areas as well as the promotion of downtown tourism. 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. 5 -, aownrown Q S N K O S H 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 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, including real property used exclusively for manufacturing purposes, in the District will be assessed. Real property used exclusively for residential purposes will not be assessed. 6 oownrown OS K K0 SH APPENDIX A 2014 BUSINESS IMPROVEMENT DISTRICT BUDGET REVENUE - 2014 ASSESSMENT $143,622.00 EXPENSES $143,622.00 Leadership $50,000.00 Oshkosh Chamber of Commerce Service Contract (BID Manager) $50,000.00 Recruitment and Retention $20,000.00 Recruitment/Retention Fund Grant Program $20,000.00 Events $3000.00 Waterfest $2000.00 Live at Lunch $500.00 Gallery Walk $500.00 Advertising $20,000.00 Gift Card Program S1,780.00 Marketing Consortium Membership Fees Holiday $3,000.00 Beautification $26,750.00 Contracted Services $14,950.00 Holiday $4,800.00 Planter- Maintenance $7,000.00 Parlung $17,992.00 Parking Permits $500.00 Storage Unit $600.00 Reserves /Capital Improvements ($10,000.00 for Beautification: Contracted Services) ($32,000.00 approximate balance for 2014) 7 - oownyown O S H K O S H m m W. 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 lVis. Stats. Database Nof certified under s. 35.18 (1), sfain MUNICIPAL LAW 66.1109 opportunities for the employment of private investment and 66.1109 Business improvement districts. (1) In this equity capital in the rehabilitation of the buildings; and in which section; the presence of these buildings and conditions has resulted, among other consequences, fn a severe shortage of financial (a) "Board" means a business improvement district board g appointed under sub. (3) (a). resources available to finance the purchase and rehabilitation of housing and an inability or unwilfingttess on the part of private (b) "Business improvement district" means an area within a lenders to make loans for and an inability or uui%d1Iingness on the municipality consisting of contiguous parcels and may include part of present and prospective owners of housing to invest in the railroad rights -of -way, rivers, or highways continuously purchase and rehabilitation of housing in the neighborhood or bounded by the parcels on at least one side, and shall include par - area. eels that are contiguous to the district but that were not included (b) "Local legislative body' means the common council, vil- in the original or amended boundaries of the district because the parcels were tax - exempt when the boundaries lage board of trustees or town board of supervisors. (c) "Municipality" means a city, village or town, were determined and such parcels became taxable after the original or amended boundaries of the district were determined. (d) "Planning commission- means a plan commission created (c) "Chief executive officer" means a mayor, city manager, vi[- under s. 62.23 or a plan committee of the local legislative body. Iage president or town chairperson, (e) 'Rentvestment neighborhood or area" means a geographic (d) ' L=a[ legislative body" means a common council, village area within any municipality not less than one -half of which, by board of trustees or town board of supervisors. area, meets 3 of the 5 following conditions; (e) "Municipality" means a city, village or town. 1. It is an area in need of rehabilitation as defined in par. (a). (f) "Operating plan" means a plan adopted or amended 2. It has a rate of owner - occupancy of residential buildings substantially below the average rate for the municipality as a under this section for the development, redevelopment, maintenance, operation and promotion of a business improvement whole. district, including all of the following; 3. It is an area within which the market value of residential I. The special assessment method applicable to the business property, as measured by the rate of change during the preceding improvement district, 5 years in the average sale price of residential property, has decreased or has increased at a rate substantially less than the lm. Whether real property used exclusively for manufactur- ing rate of increase in average sale price of residential property in the purposes will be specially assessed. 2. The Rind, number and location of all municipality as a whole, proposed expendi- tines within the business improvement district. 4. It is an area within which the number of persons residing has decreased during the past 5 years, or in which the of 3. A description of the methods of financing all estimated number persons residing has increased during that period at a rate substan- tiali less than the rate of y increase in expenditures and the time when related costs will be incurred. 4. A description of how the creation of the business improve population the municipality P P P tY as a whole. - ment district promotes the orderly development of the municipal- area ri ions ity, including its relationship to any municipal master plan. 5 A legal opinion that con5. is to ate lenders from making loans for g P g subds. 1, to 4, have been complied with. and present or prospective property owners from investing in the purchase and rehabilitation of housing. (g) 'PIamming commission" means a plan commission under I)EsirNATioN OF REn1VESTMENT NEIGHBORH00D5 OR ARF, s. A municipality may designate reinvestment neighbor- s. 62.23, or if none a board of public le commissioners, or it none a pfanimng committee the to algislativebod hoods or areas after complying with the following steps: (2) A municipality may create a business improvement dis- (a) Holding of a public hearing by the planning commission trict and adopt its operating plan if all of the following are met: or by the local governing body at which interested parties are P afforded a reasonable opportunity to express their views (a) An owner of real property e in used for commercial purposes and located in the proposed business improvement district desig- on the proposed designation and boundaries of a reinvestment neighbor- hated under par. (b) has petitioned the municipality for creation of a business improvement district. hood or area. Notice of the hearing shall be published as a class 2 notice, under ch. 955. Before publication, a copy of the notice (b) The planning commission has designated 2 proposed busi- shall be sent by 1st class mail to the Wisconsin Housing and Eco- ness improvement district and adopted its proposed initial operat- ing nomic Development Authority, and a copy shall be posted in each Plan. school building and in at least 3 other places of public assembly (c) At least 30 days before creation of the business irmprove- within the reinvestment neighborhood or area proposed to be des- ment district and adoption of its initial operating plan by the ignated. municipality, the planning commission has held a public hearing (b) Designation by the planning commission of the boundaries on its proposed business improvement district and initial operat- af a reinvestment neighborhood or area recommended by it to be ing plan. Notice of the hearing shall be published as a class 2 designated and submission of the recommendation to the local notice under ch. 985. Before publication, a copy of the notice legislative body. (c) Adoption by the local legislative body of a resolution together with a copy of the proposed initial operating plan and a COPY of a detail map showing the boundaries of the proposed busi- which" 1. Describes the boundaries of a reinvestment neighborhood 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 or area with sufficient definiteness to identify with ordinary and reasonable certainty the territory included in the neighborhood or proposed business improvement district and shall indicate that copies of the proposed initial operating are available from area. The boundaries may, but need not, be the salve as those ree- plan the planning commission on request, ommended by the planning commission. - 2. Designates the reinvestment neighborhood or area as of a (d) Within 30 days after the hearing under par. (c), the owners of property to be assessed under tile proposed initial date provided in the resolution, operating plan having a valuation equal to more than 40% of the valuation 3. Contains findings that the area to be designated constitutes of all property to be assessed under the proposed initial a reinvestment neighborhood or area. operating plan, using the method of valuation specified in the proposed ini- History: 1977 c, 418; 1979 c. 361 s. 112; 1985 a. 29 s. 3200(14); r999 a.150 s. 479; Stats. 1999 s. 66.1107; 2001 a. 104. tial operating plan, or the owners of property to be assessed under the proposed initial operating having plan an assessed valuation Text from the 2007 -08 Wis. Stals. database updated by the Legislative Reference Bureau. Only printed statutes are certlped- under s. 35.18 (2J, stafs. Statutory changes effective prior fo f -2 -10 are printed as if currentiyin effect. Statutory changes effec- tive on or after 9 -2 -10 are designated by NOTES. Report errors at (608) 266 -3561, FAX 264 -6948, http.11www.le- gls.s fa te.wl. us /rsb /sfats.html 10 Electronic reproduction of 2007 -08 Wis. Stats. database, updated and current tbrough 2009 Act 406 and June 30, 2010. Updated 07 -08 "'is. Stats, Database 150 66.1109 MUNICIPAL LAW Not cerfified anders. 35.18 (2), scats. equal to more than 40% of the assessed valuation of all property to be assessed under the proposed initial operating plan, have not filed a petition with the planning commission protesting the pro- posed business improvement district or its proposed initial operat- ing plan. (e) The local legislative body has voted to adopt the proposed initial operating plan for the municipality. (3) (a) The chief executive officer shall appoint members to a business improvement district board to implement the operating plan. Board members shall be confirmed by the local legislative body and shall serve staggered terms designated by the local legis- lative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the busi- ness improvement district. (b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its business improvement district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legis- lative body approval is obtained. Any change to the special assessment method applicable to the business improvement dis- trict shall be approved by the local legislative body. (c) The board shall prepare and make available to the public annual reports describing the current status of the business improvement district, including expenditures and revenues. The report shall include an independent certified audit of the imple- mentation of the operating plan obtained by the municipality. The municipality shall obtain an additional independent certified audit upon termination of the business improvement district. (d) Either the board or the municipality, as specified in the operating plan as adopted, or amended and approved under this section, has all powers necessary or convenient to implement the operating plan, including the power to contract, (4) All special assessments received from a business improve- ment district and all other appropriations by the municipality or other moneys received for the benefit of the business improve- ment district shall be placed in a segregated account in the munici- pal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits required under sub. (3) (c) or on order of the board for the.purpose of implementing the operating plan. On termination of the business improvement district by the municipality, all moneys collected by special assessment remaining in the accowtt 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 wider the operatingplan, file apetition 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 8ne 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 tinder 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 sighed 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,tntder 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 otber law to regulate the use of or specially assess real prop- erty. History, 1963 m 194; 1989 a. 56 sv 253; 1999 a. 150 s. 539; Stall. 1999 s. 66.1109; 2001 s5. 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 neighbor- hood improvement district. Text from the 2007 -08 Wis. Stars. database updated by the t egisfative Reference Bureau. Only printed statutes are certified under s. 35.18 (2), scats. Statutory changes effective prior to f -2 -10 are printed as if currently in effect. Statutory changes effec- tive on or after 1 -2--f0 are designated by NOTES. Report errors at (608) 286 -3561, EAX 264 -6948, http: / /www.le- gfs.stafe.Wi.usfrsb /stats.htint 11 CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 4903 -01130 City of Oshkosh 0— O.fHKO.lH City Attorney's Office Phone: (920) 236 -5115 Fax; (920) 236 -5106 http: / /www.ei,oshkosh.wi.us November 12, 2013 Mr. Allen Davis 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. Davis: I have reviewed the 2014 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)0 Wis. Stats., which calls for a legal opinion that certain requirements are met in 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. The Plan specifies that all costs will be incurred during calendar year 2013. 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, CIT OF OSHKOSH t r Lynn . Lorenson City Attorney �1 �' 12 APPENDIX E Downtown Oshkosh Business Improvement District Board Members Board Member Category Term Expires Todd Cummings Owner /Occupant 611114 Chanda Anderson Non- OwnerlOccupant 611/14 Megan Lang, Vice Chair Owner /Non- Occupant 6/1/16 Kurt Koeppler Owner /Non- Occupant 6/1114 Vicky Schroeder - Alternate At -Large 6/1114 Sandy Prunty Owner /Occupant 611/16 Michael Russell Non- Owner /Occupant 611115 David Sparr, Chair Owner /Occupant 6/1116 James Stapel OwnerlOccupant 6/1115 Kay Bahr Non - Owner /Occupant 611115 Kris Larson Non - Owner /Occupant 6/1114 Andy Ratchman- Alternate At -Large 6/1114 13, DOWnrown OSHKOSH