On Broadway Business Improvement District Board

AGENDA OF THE ON BROADWAY BUSINESS IMPROVEMENT DISTRICT BOARD TUESDAY, AUGUST 20, 2024, 8:00 AM Virtual Meeting via Zoom. A. Zoom Meeting Instructions. 1. Join Zoom Meeting https://us02web.zoom.us/j/89470877107?pwd=JcaAWk5S2HZa6wawwG17rLnBngx2eU.1 Or call in by phone: +1 646 931 3860 Meeting ID: 894 7087 7107 Passcode: 444113 If you wish to speak at this public meeting or leave a comment, please fill out the online Comment Form prior to the meeting. More detailed Zoom Instructions can be found online. B. Roll Call. C. Approval of the Agenda. 1. Approval of the Agenda for August 20, 2024. D. Regular Business. 1. Consideration with possible action on the OBI BID Treasurer's Report and Year-to-Date Progress Report. 2. Consideration with possible action on Appointments to the OBI BID Board of Directors. 3. Consideration with possible action on the OBI BID Boundary. 4. Consideration with possible action on the OBI BID By-Laws. 5. Consideration with possible action on the Green Bay Public Market Presentation and Appeal. 6. Consideration with possible action on the OBI BID 2025 Operating Plan. Agenda of the On Broadway Business Improvement District Board August 20, 2024 Page 1 E. Informational. F. Adjournment. 1) ACCESSIBILITY: Any person wishing to attend who, because of a disability, requires special accommodations should contact Peter Nugent at (920) 455-8881 at least 24 hours before the scheduled meeting time, so that arrangements can be made. 2) QUORUM: Please take notice that a majority or quorum of the Common Council will attend this On Broadway Business Improvement District Board meeting and will constitute a meeting of the Common Council for purposes of discussion and information gathering relative to this agenda. 3) REPRESENTATION: The party requesting the communication, or their representative, should be present at this meeting. Agenda of the On Broadway Business Improvement District Board August 20, 2024 Page 2  Report to the On Broadway Business Improvement District Board of the City of Green Bay MEETING DATE PREPARED BY August 20, 2024 AGENDA ITEM # C.1 Approval of the Agenda for August 20, 2024. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 117 S. Chestnut, Green Bay, WI 54303 Phone: 920-437-2531 Fax: 920-431-7855 www.onbroadway.org/bid info@onbroadway.org  Report to the On Broadway Business Improvement District Board of the City of Green Bay MEETING DATE PREPARED BY August 20, 2024 AGENDA ITEM # D.1 Consideration with possible action on the OBI BID Treasurer's Report and Year-to-Date Progress Report. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 117 S. Chestnut, Green Bay, WI 54303 Phone: 920-437-2531 Fax: 920-431-7855 www.onbroadway.org/bid info@onbroadway.org  Report to the On Broadway Business Improvement District Board of the City of Green Bay MEETING DATE PREPARED BY August 20, 2024 AGENDA ITEM # D.2 Consideration with possible action on Appointments to the OBI BID Board of Directors. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 117 S. Chestnut, Green Bay, WI 54303 Phone: 920-437-2531 Fax: 920-431-7855 www.onbroadway.org/bid info@onbroadway.org  Report to the On Broadway Business Improvement District Board of the City of Green Bay MEETING DATE PREPARED BY August 20, 2024 AGENDA ITEM # D.3 Consideration with possible action on the OBI BID Boundary. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 117 S. Chestnut, Green Bay, WI 54303 Phone: 920-437-2531 Fax: 920-431-7855 www.onbroadway.org/bid info@onbroadway.org  Report to the On Broadway Business Improvement District Board of the City of Green Bay MEETING DATE PREPARED BY August 20, 2024 AGENDA ITEM # D.4 Consideration with possible action on the OBI BID By-Laws. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 117 S. Chestnut, Green Bay, WI 54303 Phone: 920-437-2531 Fax: 920-431-7855 www.onbroadway.org/bid info@onbroadway.org  Report to the On Broadway Business Improvement District Board of the City of Green Bay MEETING DATE PREPARED BY August 20, 2024 AGENDA ITEM # D.5 Consideration with possible action on the Green Bay Public Market Presentation and Appeal. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 117 S. Chestnut, Green Bay, WI 54303 Phone: 920-437-2531 Fax: 920-431-7855 www.onbroadway.org/bid info@onbroadway.org  Report to the On Broadway Business Improvement District Board of the City of Green Bay MEETING DATE PREPARED BY August 20, 2024 AGENDA ITEM # D.6 Consideration with possible action on the OBI BID 2025 Operating Plan. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS 1. Operating Plan OBI 2025 - DRAFT 117 S. Chestnut, Green Bay, WI 54303 Phone: 920-437-2531 Fax: 920-431-7855 www.onbroadway.org/bid info@onbroadway.org  2025 Operating Plan Broadway Business Improvement District BUSINESS IMPROVEMENT DISTRICT NO. 3 PROPOSED OPERATING PLAN I. INTRODUCTION A. Background In 1984, the Wisconsin legislature created 66.1109 (formerly S. 66.608) of the Statutes (see Appendix A) enabling cities to establish Business Improvement Districts (BIDs). The purpose of the law is “to allow businesses within those districts to develop, to manage and promote the districts and to establish an assessment method to fund these activities.” (1983 Wisconsin Act 184, Section 1, legislative declaration.) The City of Green Bay has received a petition from property owners which requests creation of a Business Improvement District for the purpose of revitalizing and improving the Broadway business area on Green Bay’s West side. (see Appendix B). The BID law requires that every district have an annual Operating Plan. This document is the initial Operating Plan for the proposed Broadway Business Improvement District. The BID proponents prepared this Plan with technical assistance from the City of Green Bay Economic Development Department. B. Physical Setting The Broadway Business Improvement District has a general setting starting at the point where Mason Street meets the west bank of the Fox River; west to the southwestern property line of parcel 2-948 (Wisconsin Central LTD); continuing northwest to Maple Avenue; north on Maple Avenue to the northern property line of parcel 3-1144-B (339 South Maple Avenue); east along said property line to Chestnut Avenue; north along Chestnut Avenue to Howard Street; west on Howard Street to the alleyway beginning on the western most property line of parcel 3-330 (506-508 Howard Street); north through the alleyway to the southern border of parcel 3-85 (515 West Walnut Street); west at the property line to South Maple Avenue; north on South Maple Avenue through Walnut Street to the northern property line of 4-223 (514 West Walnut Street); east at said property line to alleyway; north in alleyway to the northern property line of parcel 4-102 (230 North Maple Avenue); west along said property line to North Maple Avenue; north on North Maple Avenue to Dousman Street; west on Dousman Street to alleyway beginning at the western property line of parcel 5-607 (301 North Maple Avenue); north in said alleyway to northern property line of parcel 5-605-1; east along said property line to North Maple Avenue; north on North Maple Avenue to Kellogg Street; east on Kellogg Street to Chestnut Avenue; north on Chestnut Avenue to Elmore Street; east on Elmore Street to Broadway Street; north on Broadway Street to alleyway beginning on the northern property line of parcel 5-72 (710 North Broadway Street); east through said alleyway to McDonald Street; north on McDonald Street to James Street; east on James Street to the northeastern property line of parcel 5-1525-A; south along said property line to western bank of Fox River. II. DISTRICT BOUNDARIES Boundaries of the proposed district are shown on the map in Appendix B of this plan. A listing of the properties included in the district is provided in Appendix C. III. PROPOSED OPERATING PLAN A. Plan Objectives The object of the Broadway Business Improvement District is to foster a vibrant community activated by: o People strolling the streets shopping for one-of-a kind gifts or everyday goods o Diners enjoying diverse restaurants that intermingle with shops and other cultural and entertainment venues o Activity flowing between the streets of Broadway and the waterfront to the rest of downtown o A variety of housing styles mixed throughout the district, proving affordable housing for all markets o The entrepreneurial spirit coupled with a strong dynamic employee base As creativity and art provide the underlying pulse of the district, these elements combine making the Broadway District the place people of all ages and backgrounds come to shop, eat, live, work, network and play. Proposed Activities – Year Next Principle activities to be engaged in by the district during its next year of operation, if the environment allows, will include: 1. Maintain benches, garbage cans, planters/beautification, pole banners, and other hardscape improvements throughout the district. 50 planters will be planted in the spring with flowers, 20 planters with fall décor, weed management throughout district during the growing season, weed management and perennial plantings in 48 tree boxes, 25 bowls with winter décor, coordinated trash pickups once per month, 150 poles banners, and 30 trees with annual lighting. 2. Enhance public art installations throughout the district by partially funding the installation of murals, a temporary sculpture, utility box wraps, and other streetscape art such as sidewalk poetry, painted pianos, or decorative lighting. Expand decorative public seating in a high impact area with heavy pedestrian traffic. Initiate plan for alleyway improvements. 3. Improve awareness of BBID investments in the district by partnering with On Broadway, Inc. and other funded partners to promote the BBID brand. 4. Maintain a mini-grant program to support retail occupancy of ground floor storefronts. Mini- grants may also support streetscape activation including retail racks, tables, chairs, etc. 5. Help sustain operations and solvency of On Broadway, Inc. by providing an administrative allocation for payment of rent, telephones, internet, office supplies, utilities and salaries that are necessary to perform services to the businesses in the district.  6. Advance conversations with adjacent commercial property owners north of Mason Street to gauge interest in joining the BBID, and subsequently propose modifications if warranted to the City of Green Bay Plan Commission. 7. Review and make recommendations to update the by-laws of the BBID. 8. Support the efforts to open a public market with a pledge to the capital campaign. Provide advocacy for the project recognizing its ability to attract visitors to the district and increase future development and property values. Proposed Budget Design Lighting tree lighting in winter $ 5,000 Annual Maintenance planters in spring watering in spring, summer, fall weeding in spring, summer, fall fall décor winter décor banner maintenance $ 20,000 Public Art murals, sculptures, streetscape art $ 20,000 Bike Racks Install artistic bike racks $ 5,000 Total Design $ 50,000 Organization Admin Allocation To assist with payment of administrative expenses including but not limited to rent, telephones, internet, office supplies, utilities, and salaries necessary to execute the proposed activities. $ 25,581 BBID Annual Audit 2023 audit $ 3,200 Total Organization $ 28,781 Promotion  Marketing Allowance District marketing throughout the year $ 8,536 Total Promotion $ 8,536 Economic Vitality Mini-Grants Maintain a mini-grant program to encourage retail occupancy in ground floor spaces $ 5,000 Retail Incubator Partial rent subsidy to operate a retail incubator space $ 12,000 Public Market Partial pledge to the capital campaign for the Green Bay Public Market $ 25,000 Total Economic Vitality $ 42,000 Total $ 129,669 B. Financing Method It is proposed to raise $129,669 with estimated manufacturing assessments through BID assessments (see Appendix C). The BID Board shall have the authority and responsibility to prioritize expenditures and to revise the budget as necessary to match the funds actually available. C. Organization of BID Board Upon creation of the BID, the Mayor will appoint members to the district board ("board"). The board's primary responsibility will be implementation of this Operating Plan. This will require the board to negotiate with providers of services and materials to carry out the Plan; to enter into various contracts; to monitor development activity; to periodically revise the Operating Plan; to ensure district compliance with the provisions of applicable statutes and regulations; and to make reimbursements for any overpayments of BID assessments. State law requires that the board be composed of at least five members and that a majority of the board members be owners or occupants of property within the district. The Broadway Business Improvement District Board shall be organized as follows: 1. Board size – Maximum of 9, minimum of 7, with one representative of the Mayor or Council. 2. Composition - A majority (at least 5) members shall be owners or occupants of property within the District. 3. Term – The nine board member positions shall rotate every three years, with three positions expiring at the end of each calendar year-end. The Board may remove, by a majority vote, any BID Board member who is absent from more than 3 meetings, without a valid excuse. In the  event that a member takes the position mid-term (before the position expires every three years), that term shall count as the first term if two years or more remain on the term. Should less than two years remain on the term, this time is not counted towards the term limit and the board member shall be allowed to serve up to the maximum two additional three year terms. 4. Compensation - None. 5. Meetings - All meetings of the Board shall be governed by the Wisconsin Open Meetings Law. Minutes will be recorded and submitted to the City and the Board. The Board shall adopt rules of order to govern the conduct of its meetings and meet regularly, at least annually. 6. Record keeping - Files and records of the Board’s affairs shall be kept pursuant to public records requirements. 7. Staffing - The Board may employ staff and/or contract for staffing services pursuant to this Plan and subsequent modifications thereof. Unless requested otherwise by the Board, any staff members or employees of contractors may attend all meetings of the Board, but will not have voting authority. 8. Officers - The Board shall appoint a Chairman, Treasurer and Secretary, any two of the three of which shall have the power to execute documents on behalf of the full Board, for the purposes authorized by the full Board. The Board may also give its staff limited ability to write checks to carry out the Plan. Any individual on the Board can be appointed an Officer, but shall be limited to two consecutive years as an Officer. D. Relationship to On Broadway, Inc. The BID shall be a separate entity from On Broadway, Inc., notwithstanding the fact that members, officers and directors of each may be shared. The Association shall remain a private organization, not subject to the open meeting law, and not subject to the public record law except for its records generated in connection with the BID board. The Association may, and it is intended, shall, contract with the BID to provide services to the BID, in accordance with this Plan. IV. METHOD OF ASSESMENT A. Assessment Rate and Method The principle behind the assessment methodology is that each property should contribute to the BID in proportion to the benefit derived from the BID. After consideration of other assessment methods, it was determined that assessed value of a property was the characteristic most directly related to the potential benefit provided by the BID. Therefore, a fixed assessment on the assessed value of the property was selected as the basic assessment methodology for this BID. As of January 1, 2024, the property in the Broadway Business Improvement District will have a total assessed value of $88.211 million. This plan proposes to assess the property in the district at a rate of $1.47 per $1,000.00 of assessed value. This represents a 5% change from the prior year, or $0.07 per $1,000, and subject to the maximum assessment for the purposes of the BID. Appendix shows the projected BID assessment for each property included in the district. B. Excluded and Exempt Property The BID law requires explicit consideration of certain classes of property. In compliance with the law the following statements are provided. 1. State Statute 66.1109(1)(f)lm: The district will contain property used exclusively for manufacturing purposes, as well as properties used in part for manufacturing. These properties will be assessed according to the method set forth in this plan because it is assumed that they will benefit from development in the district. 2. State Statute 66.1109(5)(a): Property known to be used exclusively for residential purposes will not be assessed; such properties will be identified as BID Exempt Properties in Appendix C, as revised each year. 3. In accordance with the interpretation of the City Attorney regarding State Statute 66.1109 (1)(b), property exempt from general real estate taxes has been excluded from the district. Privately owned tax-exempt property adjoining the district and which is expected to benefit from district activities may be asked to make a financial contribution to the district on a voluntary basis. V. RELATIONSHIP TO GREEN BAY COMPREHENSIVE PLAN AND ORDERLY DEVELOPMENT OF THE CITY A. City Plans Objectives: Downtown Revitalization Support economic revitalization of downtown by encouraging diverse economic activity including government and professional offices, insurance and financial services, education and training, convention, lodging, food and beverages, and entertainment, retail, and high-density residential land uses. - Chapter 26: Economic Development: Objective - 4, from Smart Growth 2022, City of Green Bay, May 2003. Land Uses: “Downtown” Mixed Use: The “downtown” land use category allows and promotes high-intensity office, retail, housing and civic land uses, preferably in mixed use buildings with a strong pedestrian orientation. It applies within the Broadway corridor as it does in Downtown “proper,” although the scale of buildings along Broadway is smaller, and the intensity of use is likely to be somewhat lower. As discussed in the Historic Preservation Plan, the Broadway historic districts could benefit from site plan review of development projects, using design standards that are geared to the specific character of those districts. - Chapter22: Neighborhoods and Districts: Objectives, Policies and Recommendations for District 3, from Smart Growth 2022, City of Green Bay, May 2003.  Based on the objectives and land use requirements cited above, this BID Operating Plan is consistent with the City’s Comprehensive Plan for the Broadway District. B. City Role in District Operation The City of Green Bay has committed to helping private property owners in the district promote its development. To this end, the City expected to play a significant role in the creation of the Business Improvement district and in the implementation of the Operating Plan. In particular, the City will: 1. Provide technical assistance to the proponents of the district through adoption of the Plan, and provide assistance as appropriate thereafter. 2. Monitor and, when appropriate, apply for outside funds that could be used in support of the district. 3. Collect assessments, maintain in a segregated account, and disburse the monies of the district. 4. Receive annual audits as required per sec. 66.1109 (3) (c) of the BID law. 5. Provide the board, through the Tax Commissioner's Office on or before June 30th of each Plan year, with the official City records and the assessed value of each tax key number with the district, as of January 1st of each Plan year, for purposes of calculating the BID assessments. 6. Encourage the State of Wisconsin, Brown County and other units of government to support the activities of the district. VI. PLAN APPROVAL PROCESS A. Public Review Process The Wisconsin Business Improvement district law establishes a specific process for reviewing and approving proposed districts. Pursuant to the statutory requirements, the following process will be followed: 1. The City of Green Bay Plan Commission will review the proposed district boundaries and proposed Operating Plan and will then set a date for a formal public hearing. 2. The City Plan Commission, in cooperation with the Economic Development Department, will send, by certified mail, a public hearing notice and a copy of the proposed Operating Plan to  all owners of real property within the proposed district. In addition, a Class 2 notice of the public hearing will be published in a local newspaper of general circulation. 3. The City Plan Commission will hold a public hearing, will approve or disapprove the Plan, and will report its action to the Common Council. 4. The Common Council will act on the proposed BID Plan. 5. If adopted by the Common Council, the proposed BID Plan is sent to the Mayor for his approval. 6. If approved by the Mayor, the BID is created and the Mayor will appoint members to the district board established to implement the Plan. B. Petition against Creation of the BID The City may not create the Business Improvement district if, within 30 days of the City Plan Commission's hearing, a petition is filed with the City containing signatures of: 1. 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 initial Operating Plan; or 2. 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 Operating Plan. VII. FUTURE YEAR OPERATING PLANS A. Phased Development It is anticipated that the BID will continue to revise and develop the Operating Plan annually, in response to changing development needs and opportunities in the district, in accordance with the purposes and objectives defined in this initial Operating Plan. Section 66.1109 (3) (a) of the BID law requires the board and the City to annually review and make changes as appropriate in the Operating Plan. Therefore, while this document outlines in general terms the complete development program, it focuses upon Year One activities, and information on specific assessed values, budget amounts and assessment amounts are based on Year One conditions. Greater detail about subsequent year's activities will be provided in the required annual Plan updates, and approval by the Common Council of such Plan updates shall be conclusive evidence of compliance with this Plan and the BID law.  In later years, the BID Operating Plan will continue to apply the assessment formula, as adjusted, to raise funds to meet the next annual budget. However, the method of assessing shall not be materially altered, except with the consent of the City of Green Bay. B. Amendment, Severability and Expansion This BID has been created under authority of Section 66.1109 of the Statutes of the State of Wisconsin. Should any court find any portion of this Statute invalid or unconstitutional its decision will not invalidate or terminate the BID and this BID Plan shall be amended to conform to the law without need of reestablishment. Should the legislature amend the Statute to narrow or broaden the process of a BID to exclude or include as assessable properties a certain class or classes of properties, then this BID Plan may be amended by the Common Council of the City of Green Bay as and when it conducts its annual Operating Plan approval and without necessity to undertake any other act. This is specifically authorized under Section 66.1109(3)(b). OPERATING PLAN APPENDICES A. STATUTE B. DISTRICT BOUNDARIES MAP C. YEAR PROJECTED ASSESSMENTS D. CITY ATTORNEY’S OPINION  APPENDIX A - Wisconsin State Statute “BID Law” 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 parcels 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, village 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. 1m. Whether real property used exclusively for manufacturing purposes will be specially assessed. 2. The kind, number and location of all proposed expenditures 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 improvement district promotes the orderly development of the municipality, 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 district 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 designated under par. (b) has petitioned the municipality for creation of a business improvement district. (b) The planning commission has designated a proposed business improvement district and adopted its proposed initial operating plan. (c) At least 30 days before creation of the business improvement 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 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 business improvement district shall be sent by certified mail to all owners of real property within the proposed business improvement 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 initial 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 proposed business improvement district or its proposed initial operating 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 legislative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the business 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 legislative body approval is obtained. Any change to the special assessment method applicable to the business 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 business improvement district, including expenditures and revenues. The report shall include an independent certified audit of the implementation 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 improvement district and all other appropriations by the municipality or other moneys received for the benefit of the business 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 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 improvement 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 operating plan for the business improvement district. (b) On and after the date a petition is filed under this subsection, 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 terminated under par. (e). (c) Within 30 days after the filing of a petition under this subsection, 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 indicate that copies of the operating plan are available from the planning 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 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, 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 district 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 property. History: 1983 a. 184; 1989 a. 56 s. 258; 1999 a. 150 s. 539; Stats. 1999 s. 66.1109; 2001 a. 85. APPENDIX B – District Map  APPENDIX C – Year Projected Assessments GISLink TotalAssessedValue BID PropertyAddress OwnerName 2-72 $ 217,000.00 $ 318.99 519 S Broadway Joseph L. Aerts 2-76 $ - $ - 525 S Broadway Redevelopment Authority of the City of Green Bay 2-77 $ - $ - 531 S Broadway Redevelopment Authority of the City of Green Bay 2-947 $ - $ - 419 S Maple Ave Redevelopment Authority of the City of Green Bay 3-85 $ 445,600.00 $ 655.03 515 W Walnut St Kwik Trip, Inc 3-92 $ 241,600.00 $ 355.15 118 S Chestnut Ave Democratic Party of Brown County 3-96 $ 532,300.00 $ 782.48 509 W Walnut St Newcmg Properties, LLC 3-98 $ 47,700.00 $ 70.12 409 W Walnut St Historic West, LLC 3-99 $ 55,900.00 $ 82.17 100 S Chestnut Ave Unit BLK Historic West, LLC 3-100 $ 85,300.00 $ 125.39 117 S Chestnut Ave Badgerland Management, LLC 3-101 $ 116,900.00 $ 171.84 125 S Chestnut Ave Badgerland Management, LLC 3-104-A $ 85,800.00 $ 126.13 116 S Broadway Thavone Ly 3-105 $ 412,800.00 $ 606.82 112 S Broadway Bosley Properties, LLC 3-106 $ 349,300.00 $ 513.47 110 S Broadway Thavone Ly 3-107 $ 338,100.00 $ 497.01 405 W Walnut St Historic West, LLC 3-110 $ 402,500.00 $ 591.68 317 W Walnut St Zeise Marital Trust 3-113 $ 624,200.00 $ 917.57 123 S Broadway Dubois Real Estate Holdings, LLC 3-114 $ 196,400.00 $ 288.71 120 S Pearl St Sma Construction Services, LLC 3-116 $ 76,400.00 $ 112.31 100 S Pearl St Unit BLK Abby Holdings, LLC 3-306-1 $ 544,300.00 $ 800.12 201 W Walnut St Abby Holdings, LLC 3-306 $ 5,198,600.00 $ 7,641.94 111 W Walnut St Green Bay Acquisition Co 4, Inc 3-310 $ 13,100.00 $ 19.26 307 Howard St 201 Building, LLC 3-311 $ 90,700.00 $ 133.33 100 S Pearl St Unit BLK Abby Holdings, LLC 3-312 $ 114,900.00 $ 168.90 127 S Broadway Dubois Real Estate Holdings, LLC 3-313 $ 74,000.00 $ 108.78 131 S Broadway Dubois Real Estate Holdings, LLC 3-314 $ 148,300.00 $ 218.00 201 S Broadway 201 Building, LLC 3-315 $ 26,300.00 $ 38.66 205 S Broadway 201 Building, LLC 3-316 $ 48,400.00 $ 71.15 211 S Broadway Jessifer, LLC 3-317 $ - $ - 200 S Broadway Green Bay Area Public School District, Inc 3-320 $ 251,600.00 $ 369.85 128 S Broadway Slcre, LLC 3-322 $ 132,800.00 $ 195.22 124 S Broadway Thavone Ly 3-325 $ 7,900.00 $ 11.61 412 Howard St Badgerland Management, LLC 3-362 $ 146,900.00 $ 215.94 301 S Pearl St Green Bay Acquistion Co 4, Inc 3-363 $ 46,400.00 $ 68.21 S Broadway Vaj Holdings, LLC 3-364 $ 35,000.00 $ 51.45 223 S Broadway Nicker Bobs Craft Mall, LLC 3-369-A $ 88,500.00 $ 130.10 226 S Broadway Mitchell T. Hyde 3-562 $ 14,700.00 $ 21.61 325 S Broadway Rbj Holdings, LLC 3-563-1 $ 222,700.00 $ 327.37 339 S Broadway Guppo, LLC 3-563 $ 99,800.00 $ 146.71 327 S Broadway Rbj Holdings, LLC 3-569 $ - $ - 420 S Broadway Redevelopment Authority of the City of Green Bay 3-572 $ - $ - 402 S Broadway Redevelopment Authority of the City of Green Bay 3-588 $ 118,200.00 $ 173.75 316 S Broadway Chao T. Moua 3-589 $ 10,300.00 $ 15.14 312 S Broadway Dawn M. Mccoy 3-590 $ 11,000.00 $ 16.17 304 S Broadway Dawn M. Mccoy 3-591 $ 199,400.00 $ 293.12 300 S Broadway Sanctuary Spas, LLC 3-642 $ 218,400.00 $ 321.05 301 S Broadway Vaj Holdings, LLC 3-643 $ 140,500.00 $ 206.54 307 S Broadway Nicker Bobs Craft Mall, LLC 3-644 $ 33,100.00 $ 48.66 309 S Broadway Rbj Holdings, LLC 3-1300 $ 170,500.00 $ 250.64 126 S Broadway Urban Concepts,, LLC 3-1301 $ 172,600.00 $ 253.72 126 S Broadway Darren Johnson 4-59 $ 509,400.00 $ 748.82 N Broadway Parking Lot U, LLC 4-60 $ 2,005,700.00 $ 2,948.38 164 N Broadway Blh Holdings, LLC 4-61-1 $ 900,700.00 $ 1,324.03 154 N Broadway 154 N Broadway, LLC 4-62 $ 800,700.00 $ 1,177.03 200 N Broadway Theresa M. Beerntsen 4-65 $ 952,200.00 $ 1,399.73 240 N Broadway Bfam, LLC 4-66 $ 586,300.00 $ 861.86 313 Dousman St High Brau, LLC 4-67 $ 2,099,100.00 $ 3,085.68 235 N Broadway Platten Place, LLC 4-68 $ 274,300.00 $ 403.22 231 N Broadway Washington, LLC 4-71 $ 2,195,600.00 $ 3,227.53 211 N Broadway On Broadway, Inc 4-72 $ 547,600.00 $ 804.97 201 N Broadway 201 Broadway, LLC 4-74 $ 384,700.00 $ 565.51 163 N Broadway Ildeman R. Nielson 4-75 $ 483,100.00 $ 710.16 159 N Broadway David Bartikofsky 4-76 $ 139,400.00 $ 204.92 157 N Broadway Noc Harn, LLC 4-84 $ 576,400.00 $ 847.31 413 Dousman St Kaliz Ltd Partnership 4-85 $ 1,303,900.00 $ 1,916.73 505 Dousman St Frank Land Holding, LLC 4-104 $ 491,800.00 $ 722.95 517 Dousman St Bo Enterprises, LLC 4-154 $ 1,186,700.00 $ 1,744.45 142 N Broadway Lorenzen Holdings, LLC 4-156 $ 334,300.00 $ 491.42 151 N Broadway Noc Harn, LLC 4-157 $ 97,100.00 $ 142.74 147 N Broadway Lawrence Frye 4-158 $ 363,600.00 $ 534.49 143 N Broadway Sand and Sun, LLC 4-159 $ 53,800.00 $ 79.09 144 N Chestnut Ave Sand and Sun, LLC 4-187 $ 113,200.00 $ 166.40 133 N Pearl St Petes Annex, LLC 4-188 $ 66,700.00 $ 98.05 119 N Pearl St Petes Annex, LLC 4-189 $ 64,700.00 $ 95.11 127 N Pearl St Petes Annex, LLC 4-190 $ 42,700.00 $ 62.77 115 N Pearl St Petes Annex, LLC 4-191 $ 21,100.00 $ 31.02 111 N Pearl St Petes Annex, LLC 4-192 $ 12,600.00 $ 18.52 105 N Pearl St Petes Annex, LLC 4-193 $ 27,000.00 $ 39.69 100 N Pearl St Unit BLK Petes Annex, LLC 4-194 $ 1,981,100.00 $ 2,912.22 310 W Walnut St Petes Annex, LLC 4-201-1 $ 451,200.00 $ 663.26 127 N Broadway Widmer Properties, LLC 4-201 $ 344,300.00 $ 506.12 133 N Broadway Xa Lee 4-204 $ 223,400.00 $ 328.40 123 N Broadway Game Holdings, LLC 4-205 $ 296,100.00 $ 435.27 121 N Broadway Xa Lee 4-206 $ 323,400.00 $ 475.40 119 N Broadway Eric J. Woller 4-210 $ 480,100.00 $ 705.75 107 N Broadway Czachor & Polack Development, LLC 4-215-A $ 212,600.00 $ 312.52 122 N Chestnut Ave Green Bay Community Theatre, Inc 4-216 $ 94,700.00 $ 139.21 138 N Chestnut Ave Bett, LLC 4-221 $ 148,000.00 $ 217.56 500 W Walnut St Walnut Auto Investments, LLC 4-223 $ 661,700.00 $ 972.70 514 W Walnut St Sorensen Development, Inc 4-253-A $ 34,300.00 $ 50.42 N Pearl St Petes Annex, LLC 4-254 $ 472,400.00 $ 694.43 139 N Broadway Bascom Holdings, LLC 4-263 $ 212,500.00 $ 312.38 111 N Broadway Unit 1 Taj Enterprises, LLC 4-264 $ 212,500.00 $ 312.38 111 N Broadway Unit 2 VantagePoint Holdings, LLC 4-265 $ 216,100.00 $ 317.67 111 N Broadway Unit 3 Whetter Daniel D & Carrie L Joint Revoc Trust 4-266 $ 212,500.00 $ 312.38 111 N Broadway Unit 4 Eventful Concepts, LLC 5-54 $ 275,800.00 $ 405.43 200 Mather St Arthur W. Zingler III 5-58 $ 86,600.00 $ 127.30 704 Alma St Nancy Rogers 5-584-2 $ 57,200.00 $ 84.08 308 Dousman St DDL Holdings, LLC 5-584-3 $ 476,100.00 $ 699.87 300 Dousman St Luga Properties, LLC 5-588 $ 244,400.00 $ 359.27 319 N Broadway Caesars Palace of Green Bay, LLC 5-589 $ 46,000.00 $ 67.62 317 N Broadway Fort Howard New Town Redevelopment, LLC 5-590 $ 355,500.00 $ 522.59 313 N Broadway Fort Howard New Town Redevelopment, LLC 5-591 $ 13,500.00 $ 19.85 Dousman St Brittany J. Paulsen 5-592 $ 302,900.00 $ 445.26 400 Dousman St Cathy T. Lesandrini 5-593 $ 130,500.00 $ 191.84 402 Dousman St Sams Investments, LLC 5-594 $ 478,500.00 $ 703.40 408 Dousman St Brittany J. Paulsen 5-595 $ 136,800.00 $ 201.10 309 N Broadway Dhuey Property, LLC 5-596 $ 163,100.00 $ 239.76 412 Dousman St Widmer Properties, LLC 5-597 $ 409,100.00 $ 601.38 414 Dousman St GNC Development, LLC 5-599 $ - $ - 314 N Chestnut Ave Green Bay Redevelopment Authority 5-600 $ 25,500.00 $ 37.49 N Chestnut Ave Fort Howard New Town Redevelopment, LLC 5-602 $ 49,800.00 $ 73.21 324 N Chestnut Ave Ddl Holdings, LLC 5-607 $ 310,500.00 $ 456.44 301 N Maple Ave Express Property, LLC 5-874 $ 43,300.00 $ 63.65 329 N Broadway Cst, LLC 5-875 $ 189,900.00 $ 279.15 331 N Broadway Cst, LLC 5-876 $ 167,000.00 $ 245.49 333 N Broadway Cst, LLC 5-877 $ 177,400.00 $ 260.78 335 N Broadway Cst, LLC 5-878 $ 26,300.00 $ 38.66 N Broadway Cst, LLC 5-879 $ 87,800.00 $ 129.07 341 N Broadway Benzplekan Real Estate, LLC 5-882 $ 1,502,900.00 $ 2,209.26 401 N Broadway Hoffman House 34, LLC 5-885 $ 387,900.00 $ 570.21 419 N Broadway 419, LLC 5-890 $ 225,000.00 $ 330.75 431 N Broadway Martin R. Leonhard 5-1525-A $ 1,687,100.00 $ 2,480.04 700 Mc Donald St Graymont Western Lime, Inc 5-1525-B $ 12,500.00 $ 18.38 201 Mather St Arthur W. Zingler III 5-1525 $ 2,155,800.00 $ 3,169.03 Dousman St Unit RR Graymont Western Lime, Inc 5-1737 $ 1,447,600.00 $ 2,127.97 300 N Broadway Unit 100 Green Bay Broadway Development, LLC 5-1738 $ 1,251,100.00 $ 1,839.12 300 N Broadway Unit 200 Green Bay Broadway Development, LLC 5-1739 $ 1,281,200.00 $ 1,883.36 300 N Broadway Unit 300 Green Bay Area Chamber of Commerce 5-1757-1 $ 4,220,300.00 $ 6,203.84 520 N Broadway Ddl Holdings, LLC 5-1757 $ 849,500.00 $ 1,248.77 520 N Broadway Ddl Holdings, LLC 5-1758 $ 300.00 $ 0.44 305 Donald Driver Way DDL Holdings, LLC 5-1759 $ 3,591,000.00 $ 5,278.77 320 N Broadway Ddl Holdings, LLC 5-1760 $ 916,600.00 $ 1,347.40 340 N Broadway Unit 110 Ddl Holdings, LLC 5-1761 $ 890,700.00 $ 1,309.33 340 N Broadway Unit 200 Ddl Holdings, LLC 5-1762 $ 890,000.00 $ 1,308.30 340 N Broadway Unit 355 Ddl Holdings, LLC 5-1763 $ 1,047,900.00 $ 1,540.41 340 N Broadway Unit 400 Ddl Holdings, LLC 5-1764 $ 249,700.00 $ 367.06 313 Donald Driver Way Unit 6 Ddl Holdings, LLC 5-1765 $ 183,400.00 $ 269.60 333 Donald Driver Way DDL Holdings, LLC 5-1766 $ 1,163,600.00 $ 1,710.49 200 Dousman St Base Companies, LLC 5-1768 $ 160,200.00 $ 235.49 430 Donald Driver Way Ddl Holdings, LLC 5-1769 $ 75,600.00 $ 111.13 520 Donald Driver Way Ddl Holdings, LLC 5-1770 $ 7,844,300.00 $ 11,531.12 200 Bond St Broadway Lofts,, LP 5-1771 $ 497,900.00 $ 731.91 519 Donald Driver Way Ddl Holdings, LLC 5-1772 $ 13,049,700.00 $ 19,183.06 419 Donald Driver Way The Fort,, LP 5-1773 $ 62,200.00 $ 91.43 435 Donald Driver Way Ddl Holdings, LLC 5-1774 $ 12,600.00 $ 18.52 500 Donald Driver Way Ddl Holdings, LLC 5-1779 $ 205,900.00 $ 302.67 400 Donald Driver Way Unit 1 Rail Yard Innovation District Townhomes, LLC 5-1780 $ 190,500.00 $ 280.04 400 Donald Driver Way Unit 2 Rail Yard Innovation District Townhomes, LLC 5-1781 $ 262,800.00 $ 386.32 400 Donald Driver Way Unit 3 Rail Yard Innovation District Townhomes, LLC 5-1782 $ 288,600.00 $ 424.24 400 Donald Driver Way Unit 4 Rail Yard Innovation District Townhomes, LLC 5-1783 $ 253,800.00 $ 373.09 400 Donald Driver Way Unit 5 Rail Yard Innovation District Townhomes, LLC 5-1784 $ 428,800.00 $ 630.34 400 Donald Driver Way Unit 6 Brighid Riordan Riordan-Van Gemert Trust of 2023 Dated August 31, 5-1785 $ 685,400.00 $ 1,007.54 400 Donald Driver Way Unit 7 2023 5-1786 $ 166,600.00 $ 244.90 400 Donald Driver Way Unit 8 Rail Yard Innovation District Townhomes, LLC Total $ 88,210,500.00 $ 129,669.44 APPENDIX D – City Attorney Opinion