08/12/2008 Resolutions 2008-211RESOLUTION 2008-211
WHEREAS, the Downtown Business Improvement Board has recommended that the
City of Grand Island create a business improvement district with amended boundaries in the form
hereinafter set forth; and
WHEREAS, on June 5, 2008, the Regional Planning Commission recommended
approval of the creation of such business improvement district; and
WHEREAS, the City Council has determined that a public hearing should be held on
the proposed business improvement district.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that
1. The proposed district shall be considered in public hearing before the City Council on
August 26, at 7:00 p.m. in the Council Chambers at City Hall in Grand Island,
Nebraska.
2. District Boundaries. The proposed boundaries of Business Improvement District No. 5
are described as follows:
Beginning at a point being the intersection of the South line of Third Street and
the West line of Kimball Avenue; thence South on the West line of Kimball
Avenue to a point One Hundred Thirty-Two Feet (132') South of the South line of
First Street; thence West on a line One Hundred Thirty-Two Feet (132') South of
and parallel to the South line of First Street to the West line of Sycamore Street;
thence Southerly on the Westerly line of Sycamore Street to the North line of
Court Street; thence Westerly on the North line of Court Street to the West line of
Pine Street; thence Southerly on the West line of Pine Street to the North line of
Charles Street; thence Westerly on the North line of Charles Street and an
extension thereof to the East line of Walnut Street; thence Northerly on the East
line of Walnut Street to a point One Hundred Thirty-Two Feet (132') North of the
North line of Division Street; thence West on a line One Hundred Thirty-Two
Feet (132') North of and parallel to the North line of Division Street and an
extension thereof to the East line of Cedar Street; thence Northerly on the East
line of Cedar Street to the South line of First Street; thence West on the South line
of First Street to the West line of Elm Street; thence Southerly on the West line of
Elm Street for a distance of One Hundred Thirty-Two Feet (132'); thence
Westerly on a line One Hundred Thirty-Two Feet (132') South of and parallel to
the South line of First Street to the East line of Eddy Street; thence Northerly on
the East line of Eddy Street to the South line of South Front Street; thence
Easterly on the South line of South Front Street to the West line of Oak Street;
thence Southerly on the West line of Oak Street to the South line of Third Street;
thence Westerly on the South line of Third Street and an extension thereof to the
point of beginning.
Approved as to Form ^ _~
August 12, 2008 ^ City Attorney
3. Creation of District: Improvements. The proposed work to be performed and specific
improvements to be made or maintained within the proposed district shall include:
(A) Retention and Recruitment. Business Improvement District No. 8 will encourage
business retention and recruitment through the planning and implementation of
Downtown promotions, continued Main Street commitments and downtown
investments to attract the attention of people looking for vibrant and welcoming
places to dine, shop, live, work and play.
Funds have been allocated for each of the five years for Retention and
Recruitment, Main Street Promotions, the Grand Theatre, Main Street Contract;
and funding in years 1-3 for the research and development of a Revolving Loan
Fund.
(i) Creation and implementation of a plan for improving the general
architectural design of public areas in the district;
(ii) The development of any public activities and promotion of public events,
including the management and promotion and advocacy of retail trade
activities or other promotional activities, in the district area, including, but
not limited to, plans, creation, development, equipment, supplies,
materials, services, management, staff, maintenance and improvement of
communication and image building events and activities, such as holiday
events, community events, media activities, newsletters, seasonal and
special events and parades and other activities for the benefit of the
district.
(B) Downtown Beautification. The beautification component of the Business
Improvement District #8 budget is comprised of physical improvements to the
District. The Board, through a series of informal and formal discussion with
downtown property owners, identified a need to augment the existing physical
elements in the downtown. By increasing artistic elements, it is believed the
personality of the downtown will be strengthened and a sense of place developed.
A consistent approach to adding these artistic elements will enhance the
uniqueness of downtown and, at the same time, create a pleasant setting to
complement the various activities held in the downtown. These physical
improvements include, but are not limited to, Kaufmann Cummings Park,
planters, murals, sculptures, trees and grates, signs and banners, benches,
streetscape, and trash containers.
(i) Improvement of any public place or facility in the district area, including
landscaping, physical improvements for decoration or security purposes,
and plantings, including but not limited to, plans, creation, development,
equipment, supplies, materials, services, management, staff, maintenance,
improvement and associated activities of streetscape and alleyway
improvement
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(ii) Construction or installation of sidewalks, parks, meeting and display
facilities, lighting, benches or other seating furniture, sculptures, trash
receptacles, shelters, fountains, and any useful or necessary public
improvements, including, but not limited to plans, creation, development,
equipment, supplies, materials, services, management, staff, maintenance,
improvement, and associated activities of streetside and other public area
projects;
(iii) Maintenance, repair, and reconstruction of any improvement's or facilities
authorized by the Business Improvement District Act
(C) Implementation and Maintenance: The talent and resources vested in this district
rely upon the successful completion of each project and careful maintenance of
the downtown area to ensure the best possible results from the investments of
downtown stakeholders, including this District. To accomplish the duties
incumbent upon this District in all areas of work described herein, the district may
recruit volunteers or secure labor and services for hire:
(i) The district may employ or contract for personnel for any
improvement program under the act, and providing for any service as may
be necessary or proper to carry out the purposes of the act, including, but
not limited to, activities, projects, staff, consulting services, materials,
equipment, supplies, and services necessary or convenient for the
management of the affairs of the business improvement district, to include
budget development and supervision, representation of the interests of the
district to public and private entities, research, development, travel,
training, development and implementation of business and residential
recruitment and retention projects, downtown beautification projects and
activities which contribute to regaining, sustaining or improving the
economic health and viability of the district and the implementation of the
goals and objectives of the Business Improvement Board.
(ii) Any other project or undertaking for the betterment of the public facilities
in the district area, whether the project be capital or noncapital in nature.
4. Term, Annual Budget and Limitations. The proposed district shall become effective
on October 1, 2008 for a period of five years to terminate on September 30, 2013.
The estimated total annual budget for costs and expenses of the work to be performed
within such district during the first year totals $137,500; provided that the maximum
amount of the first year's annual assessment for the district shall not exceed $90,000.
The estimated total first-year budget by area of work is as follows:
Retention and Recruitment $41,500
Downtown Beautification $53,500
Implementation and Maintenance $42,500
In the subsequent four years, the maximum amount of annual assessment and annual
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budget for the district will not exceed the first year maximum assessment and budget
amounts plus an annual increase equal to the amount of the Consumer Price Index or
3%, whichever is less. The assessments levied for the first year shall not exceed
$90,000. The district may pursue additional funding (without increasing the district
assessments) to complete the amounts for costs and expenses included in the budget.
The specific improvements for the first year are listed for purposes of estimating the
costs and expenses of performing the proposed work and improvements. Although
the district is proposed for afive-year period, the City council, after public hearing,
shall approve an annual budget for specific improvements in each succeeding year
consistent with the ordinance creating the district. The City Council retains the
authority to change, modify and remove proposed improvements; however, the
proposed improvements cannot exceed the scope of improvements and the annual
assessment cannot exceed the maximum amounts of the annual assessment as
provided by the ordinance creating the district.
5. Method of Assessment. The proposed district shall receive funding from special
assessments based upon the special benefits to the property as fairly and equitably
assessed by the City Council. The assessments shall be levied annually as a
percentage of assessed valuation of taxable property within the district. Based upon
the recommendation of the Business Improvement District Board, owner-occupied
residential properties within the district will be assessed at 70% of assessed valuation
based on their primary benefit from the downtown beautification and maintenance
programs. Owners of property exempt from ad valorem taxes are encouraged to
support District activities, promotions, and improvements but property exempt from
ad valorem taxes will not be subject to special assessment for this Business
Improvement District. Property owned by the Federal Government, the State of
Nebraska and political subdivisions thereof shall not be subject to special assessment
for this Business Improvement District. For mixed use properties that combine
owner-occupied residential and other uses, the property owner may submit evidence
supporting apro-rated split of the assessed value (between owner-occupied
residential and other uses) for the City Council to consider when sitting as a board of
equalization.
6. Notice. A copy of this resolution of intention shall be published one time in the
Grand Island Independent, and a copy shall be mailed to each owner of taxable
property as shown by the latest tax rolls of the Hall County Treasurer.
7. Boundar~Lines. Commonly owned properties that are intersected by a boundary line
establishing the district shall be considered as entirely within the district unless
otherwise determined by the City Council when sitting as a Board of Equalization.
8. Enforcement. The special assessments provided herein shall be a lien on the property
assessed superior and prior to all other liens except general taxes and other special
assessments which shall be of equal priority. Liens for special assessments maybe
foreclosed and are subject to interest at the statutory rate when payment of the
assessment is delinquent as provided by law. No special assessment made hereunder
shall be void for any irregularity, defect, error or informality in procedure, in levy or
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equalization thereof.
Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2008.
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pAt~-c1r, IU1c4~rson ~4's~nc`.1 i~r~a~~la.~}-
Attest:
Paul Briseno, Deputy City Clerk
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