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RES 2006-0670 - Create BID 6874 of e� Planning Department 64111, RECEIVED Omaha/Douglas Civic Center 1819 Farnam Street,Suite 1100 2 Omaha,Nebraska 68183 (402)444-5150 o,� ��ro Telefax(402)444-6140 41'413 FEBR‘3t C 1 > + �.l- i k t rrF j a ' 1 R` {, Steven N.Jensen,AICP City of Omaha 0 s I r,1-1. i i r_I ,+ 7+ t Director Mike Fahey,Mayor AUK . 114, - 6 7 O .'///0 . �-- June 13, 2006 (1 Honorable President and Members of the City Council, Transmitted herewith is a Resolution of Intention to establish the Downtown Business improvement District (BID No. 6874) to provide for the financing of public improvements, providing certain public facilities, developing public activities, promoting public events, undertaking projects for the betterment of public facilities, contracting with personnel for improvement programs, providing certain functions through special assessments against properties within the District's boundaries, to secure grants to further enhancement the improvement of the downtown living and business environment and for any other purpose allowed by law. The Downtown Business Improvement District was created in 1985, and another District was created in 1997 to provide for previous improvements, and those Districts are no longer active. This Dow to�y Business Irrl rovement Di tr1�lct's boundaries shall extend fro�1� 20t" ,, on tie ,t� r o / fti sf r c�u n7tt G +rot f o,.-d { west to Street ''` cc` -0-en-i-i=t r the isseun River on the east and �a c re-Leavenworth Street to the south from the river to 15th Street and Jackson Street from 15th Street a+-,..c ,_ .. to-�- °i S reet. Those boundaries shall also include the Qwest Center Omaha, the adjacent Hilton �{ Hotel and the SOMA Housing Development. This designation was considered by the Planning 5 -i',4, 11-e_Mi5sP,.ry Board on.Tare 7, 2006. et•ve✓ The Business Improvement District area designation is the first step in the development of a business improvement district. A Downtown Business Improvement District Board, appointed by the Mayor with the consent of the City Council, studied the area's needs and has developed a specific program and a recommended method of assessment for financing the program. The City Clerk's office has on file a detailed plan filed by the Board of the Downtown Business Improvement District. The total amount to be assessed each year by the Downtown Business Improvement District is estimated at $300,000 with a maximum increase of 5%per year for the maximum five-year term of the Downtown Business Improvement District. The special assessments will be based on the special benefits to the property and will take into account the assessed valuation of the property. For the first year of the life of said District, it is proposed not to exceed $.48 per thousand dollars ($1,000) of assessed value and that residential properties be assessed 50% of the assessment rate for maximum rate of $.24 per thousand dollars'of assessed value. Income-assisted residential Honorable President and Members of the City Council Page -2- properties that provide low to moderate income, owner-occupied, or rental housing shall be assessed at 50% of the full residential rate. Properties in excess of$25,000,000 of assessed value shall be assessed the full assessment rate of a value up to $25,000,000, and the assessment rate will be reduced by 50% for all assessed value in excess of $25,000,000 but not exceeding $50,000,000. No assessment on assessed value shall apply to any value of individual property in excess of$50,000,000 The remainder of the Resolution specifies that a public hearing on t e roposed establishment of Business Improvement District No. 6874 be held at 2:00 p.m. on n- . The Planning Department requests your consideration and approval of the attached Resolution. Respectfully submitted: Referred to City Council for Consideration: Steven N. Jensen, IC X. Date or's Office Date Planning Director Approved as to Funding: CX7.44.A.,- 6- 7-46 Carol A. Ebdon -, .` Date Finance Director P:\LAW 1\6681 sap.doc • Business Plan BID PROPOSAL for the 03/29/06 RELEASE Omaha Downtown Improvement District CONTENTS I. Summary of the Business Plan 1 II. What Is a Downtown Improvement District? 3 III. Why a "DID" for Downtown Omaha? 3 IV. Priorities for Enhanced Services 4 V. DID Boundaries 5 VI. Proposed Work Program 6 VII. Budget & Assessments 9 VIII. Governance 12 IX. Safeguards 15 Prepared for the Downtown Omaha BID Committee by Progressive Urban Management Associates, Inc. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc I. Omaha Downtown Improvement District Business Plan Summary Goal A self-sustaining and unified organization for downtown property owners, businesses and residents to strengthen Downtown's image and influence, and help increase sales, occupancies and values. Objective Create a Downtown Improvement District that: • finances enhanced services, improvements and projects; • respects different issues and use patterns in different areas; • equitably distributes benefits and costs; and • maximizes accountability to property and business owners. Concept The Omaha Downtown Improvement District (DID) will be a Summary Downtown assessment district that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and/or specific sub-areas within the downtown. If specific sub-areas want additional services and improvements, they can form self- governed Enhancement Zones within the boundaries of the DID. Initial Plan A downtown-wide DID is proposed, providing the following limited services: • Downtown-wide enhancements, including graffiti removal, spot cleaning, public art, marketing (such as a downtown map & directory and website) and community development. • Project feasibility and planning funds to explore enhanced service and project options for downtown and sub-areas within downtown. • Project manager, to manage services and secure grants and other resources to leverage DID funds. Additional Enhancement Zones could be created within the DID as localized service and project options are evaluated and implemented. Estimated Downtown Improvement District: $350,000 Budget Budget Cap As determined by the DID board of directors and Enhancement Zone advisory boards, annual assessment budgets for the DID and all Enhancement Zones can increase up to 5% per year to keep up with inflation and other project costs. Method of Assessment Downtown Improvement District: Assessed Value Future Enhancement Zones: Formulas to be determined based upon the benefits received. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 1 Cost The estimated cost of DID assessments for the first year of operation is $0.48 per$1,000 of assessed property value. Adjustments are provided for residential properties and properties that have a substantial concentration of value. Governance The DID will be governed by a board of directors consisting of 11 to 17 downtown property owners, residents, business operators and users of space (i.e. "stakeholders"). The board will set annual budgets for the DID, supervise the project manager and will be responsible for the day-to-day delivery of services and improvements within the DID and all Enhancement Zones. Property owners and/or their authorized representatives will comprise a majority of the board. Although property owners will be ultimately responsible for the payment of special assessments, it is recognized that in many cases tenants and other stakeholders will pay the assessments. Accordingly, tenants and other stakeholders will have representation on the board. Board seats will be designated by geographic location, business or property type, and small and large investment interests. It is envisioned that the DID will be the cornerstone of a new downtown management model for Omaha, providing a unified voice, Program vision and administrative support for all downtown improvement Management programs. Downtown Omaha Inc. and the Old Market Business Association are envisioned as partners with the DID. The DID would employ a project manager who will manage services for the DID and all Enhancement Zones and seek grants and other funds to leverage DID assessments. The DID may also provide DID Term limited staff support for Downtown Omaha Inc. and the Old Market Business Association. Based upon future program needs, the DID may add staff and/or contract for services. The initial term of the DID is five years. At the end of five years, a new business plan would be prepared and, if boundary adjustments or increased assessments are proposed, documented support from stakeholders must be submitted to the Omaha City Council to renew the DID. Terms for Enhancement Zones may differ from the DID. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 2 II. WHAT IS A DOWNTOWN IMPROVEMENT DISTRICT? A Downtown Improvement District (DID) is a private sector initiative to manage and improve the environment of a community with enhanced services financed by an assessment on benefited property. Similar to a "common area maintenance" charge commonly found in shopping malls or suburban office parks, assessments for services through a DID can help a business district to be safe, clean and vital. Services financed by an improvement district are intended to enhance, not replace, existing City services. The International Downtown Association estimates that more than 1,000 DIDs currently operate throughout the United States and Canada. DIDs come in all shapes and sizes, ranging from large downtowns to neighborhood business districts. To investigate the feasibility of a DID for Downtown Omaha, comparable downtown districts in Kansas City, Lincoln, Des Moines, Oklahoma City, Wichita and Denver were surveyed. Results of this survey are provided as Appendix 1. III. WHY A "DID" FOR DOWNTOWN OMAHA? The notion of creating a downtown improvement district in Omaha goes back 20 years. The most recent effort was initiated by the city-appointed business improvement district board in 2000. The board undertook surveys and extensive discussions with downtown property owners, resulting in the development of a BID plan at the end of 2003. Due to concerns raised by property owners, business owners and other stakeholders, the 2003 plan was scrapped. A new process, with the help of a national BID consultant, was restarted in the fall of 2005. To develop this plan for a downtown improvement district (DID), nearly 200 downtown property owners, businesses and residents responded to surveys in focus groups, one-on-one meetings and a direct mail survey. The most common themes supporting a DID revealed through this process include: • Improve the quality of life and overall daily experience for Downtown Omaha property owners, businesses, residents and visitors. • Improve investor confidence in Downtown and "level the playing field" with competitive business locations. • Combat and eliminate the out-of-date stigma of downtown as unsafe, unclean and unattractive. • Deliver services through a management structure that is balanced and fair, offers meaningful representation for property owners and businesses and is responsive to both the collective needs of downtown and the localized needs of its distinct sub-areas. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 3 IV. PRIORITIES FOR ENHANCED SERVICES The Business Plan for a Downtown Omaha DID was formed through a community engagement process that included significant input from nearly 200 downtown property owners, businesses, residents and other stakeholders and civic leaders. To guide the outreach process and develop the business plan, the Downtown Omaha BID Board engaged a national BID consultant, Denver-based Progressive Urban Management Associates. Key steps in the process included: • Overall direction from the 12-member Downtown Omaha BID Board with stakeholders and representatives of major civic organizations. • More than 50 stakeholders attended a series of public forums and completed surveys in September of 2005. • 131 stakeholders responded to a direct mail survey that was sent to about 1,200 downtown stakeholders in September 2005. • Nearly 20 stakeholders and civic leaders participated in one-on-one meetings with the project consultant during the period beginning in July through September 2005. Results from the surveys and forums are attached as Appendix 2. From this process, several observations were made regarding for the potential for creating a DID in Downtown Omaha: • Consensus on Improvement Priorities: The public forums, surveys and one-on-one meetings revealed strong consensus on DID improvement priorities within Downtown Omaha, including: 1. Downtown-wide community development and marketing initiatives to improve downtown's image and attract jobs, businesses and new investment. 2. Enhanced maintenance services to pick up litter, combat graffiti and care for landscaped public areas. 3. Resources for district-specific services and improvements for those downtown sub-areas that choose to pay for them. • Guiding Principles for a DID: To overcome concerns with cost and potential duplication with existing agencies, the following principles emerged: 1. Keep it simple. The DID should aim to tackle the top priorities of downtown and concentrate limited resources on tangible and visible improvements. 2. Make it fair. Utilize an assessment formula that is fair and equitably distributes DID benefits to participating properties. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 4 • • Ensure that property owners in specific sub-areas are not subsidizing services in other sub-areas. 3. Keep it affordable. Ensure that a DID assessment does not create a competitive pricing disadvantage. 4. Avoid duplication. The DID should not duplicate downtown improvements efforts that are currently undertaken by the City, Downtown Omaha Inc. and the Old Market Business Association. Many stakeholders were hopeful that the DID could usher in a new era of downtown management that would unify and strengthen the existing efforts. Government must document and commit to maintain a base level of existing services to ensure that improvement district services enhance, as opposed to replace, existing City services. 5. Make it accountable. Meaningful representation should be created for all DID stakeholders, including property use types, geographic plan areas and a mix of large and small property and business interests. V. DID BOUNDARIES The Downtown Omaha DID will encompass approximately 100 blocks within the following general boundaries: • 20th Street to the west; • Chicago Street and Interstate 480 to the north, plus the properties north of Interstate 480 that include the Qwest Center and Hilton Hotel; • The Missouri River to the east; • Leavenworth Street to the south from the River to 15th Street, and Jackson Street from 15th Street to 20th Street. A map of the proposed DID boundaries is provided as Appendix 2. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 5 VI. PROPOSED WORK PROGRAM Downtown-Wide Enhancements Downtown Omaha stakeholders indicated that activities to attract jobs, businesses and investment, and generally improve the downtown image should be a top priority. Activities eligible for downtown-wide enhancement funds include: • Community development, including undertaking ongoing research and maintaining downtown market information, assisting property owners and brokers to recruit and retain tenants, supporting the growth of existing businesses and creating a climate to increase the number of residential units in downtown. The DID would work in concert with the Chamber of Commerce and other Omaha area economic development groups, but would be different in its unique focus on downtown and emphasis on smaller, infill business and development opportunities. • Consumer marketing to promote Downtown Omaha as a regional destination, including the creation of a downtown map and directory and downtown information website. • Enhanced maintenance on a limited and targeted basis, including litter pick-up, graffiti removal, landscaping and spot cleaning. • Programming public spaces for Downtown events, entertainment and other promotional activities. • Parking coordination activities to improve the ease and affordability of parking for employees, visitors and other downtown user groups. • Cosmetic capital improvements, including gateways, wayfinding signage, banners, public art, streetscape design plans, etc. • Marketing efforts to promote downtown for housing, both to potential residents for both rental and ownership housing and to investors, property owners and developers to create additional housing. Annual priorities for DID image enhancement activities will be determined by the DID board of directors. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc • Sub-Area Enhancement Zones In addition to Downtown-Wide Enhancements, the DID will entertain proposals for adding localized improvements and services within sub-areas of Downtown. Sub-areas within Downtown Omaha have the option of creating additional localized assessments to support a variety of localized improvements, including sidewalk beautification, parking, economic development, marketing, public safety, maintenance and other special projects. Resources for planning or feasibility studies for sub-area enhancements can be obtained from the DID through the following process: • A sub-area planning group must formally request assistance for planning or feasibility from the DID board of directors. The sub-area planning group should consist of at least five stakeholders from the affected sub-area. • The sub-area planning group's request must include documented support from property owners representing a majority of the DID assessments paid in the designated sub-area. • The request for assistance must not exceed the amount budgeted for annual sub-area planning and feasibility studies in the DID budget. • Preference will be placed on sub-area requests that bring additional planning or feasibility funding or matching funds. Requests for sub-area planning and feasibility studies will be evaluated by DID staff and funding will be determined by the DID board. If a sub-area improvement is found to be feasible, including broad support from affected stakeholders, then a Sub-Area Enhancement Zone can be formed within the DID to finance activities and improvements that are exclusive to the sub-area. Creating a Sub-Area Enhancement Zone will require the creation of a new smaller BID within the DID and will need to comply with the State of Nebraska's business improvement district legislation, including creating a sub- area BID board by the Omaha City Council and developing a detailed plan for the sub-area improvement. In addition to the state legislative requirements, the DID will require documented support from property owners representing more than 60% of assessments to be raised by the sub-area enhancement zone. Each sub-area enhancement zone will have it's own governing board of five members, including a majority of affected property owners. Each sub-area enhancement zone will budget for and coordinate with the DID for staff and administrative support. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 7 Program Management To manage both the downtown-wide and sub-area enhancements envisioned in this plan, a full time professional program manager is envisioned to manage the DID. The manager may contract with additional service providers for specific services (i.e. maintenance, marketing, accounting, etc.) or may employ additional part or full-time staff with the consent of the DID board of directors. Program manager duties will include: • Ongoing communications with stakeholders; • Ongoing coordination and communications with the DID board of directors; • Management and oversight of the DID budget; • Limited staff support for the boards of directors for existing organizations (i.e. Downtown Omaha Inc. and Old Market Business Association); • Represent downtown interests in civic policy issues and programs; • Identify and secure additional funds, including grants, sponsorships and earned income, to leverage and increase the impact of DID resources. (Nationally, most DIDs have been extremely effective at leveraging DID assessments with these types of revenues. Expectations to leverage assessment revenues by a 2:1 or 3:1 ratio within several years are not unrealistic.) Program management costs are also anticipated, including rent, an annual audit, insurance, supplies and other costs of operations. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 8 • VII. BUDGET AND ASSESSMENTS Budget Summary: Year 1 For the first year of the DID, the expected operating budget will include the following activities and improvements: EXPENSES Sub-Total TOTAL Downtown-Wide Enhancements Maintenance: Graffiti removal, tree pruning, spot cleaning (by contract) 75,000 Marketing: Downtown map & directory, website, stakeholder communications 50,000 Community Development: Investor marketing materials 25,000 Marketing Plan & Branding Strategy 50,000 Wayfinding & signage design, configuration & financing strategy . 50,000 Total Downtown-Wide Enhancements $ 250,000 Management & Operations Program Manager (salary) 75,000 Taxes, Insurance, Office, Supplies, etc. 25,000 Total ManagementP& Operations $ 100,000 TOTAL $ 350,000 REVENUE DID Assessments 300,000 Participation from Exempts 50,000 TOTAL $ 350,000 Budget Adjustments: The DID board of directors may reallocate funds among the budget categories as needed from year-to-year. Budget Cap: Annual assessment revenues may be adjusted for annual changes in the Consumer Price Index (CPI) for all urban consumers and/or other changes in programs costs, not to exceed 5%. Actual annual assessment revenue adjustments may range from 0% to 5%. Revenue in Addition to Assessments: The DID will aim to leverage assessment funds and diversify its funding through a variety of sources, including grants, sponsorships, contracts and earned income. The overall DID budget (i.e. non-assessment revenues) may be increased to best utilize revenue in addition to assessments. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 9 Assessments Property owners, businesses and residents have emphasized that the assessment formula for the Downtown DID be fair, balanced and commensurate with special benefits received. The proposed assessment methodology is based on the following parameters: • Benefits Received: DID services are differentiated between those that provide uniform benefit to all assessment payers (i.e. "Downtown DID") and localized benefit to selected areas (i.e. "Sub-Area Enhancement Zones"). • Cost Allocation of Services: Services that provide uniform benefit to all assessment payers are distributed equally to all assessment payers. Services with localized benefit are allocated within defined geographic sub- districts. • Affirmation of Assessed Value for DID: Assessed value is the most common assessment variable BIDs nationwide. In Omaha, property owners, businesses and residents that participated in the DID formation process affirmed that assessed value is the preferred mechanism for allocating the costs and benefits of DID improvements and activities. • Additional Variable for Sub-Area Enhancement Zones: In addition to assessed value, sub-area enhancement zones may utilize other assessment variables that equitably distribute benefits from sub-area services. Options may include lot frontage, lot and building square footage and/or assessed value. Based upon the preceding methodology parameters, the costs of downtown- wide services are allocated to the taxable assessed value of the DID. Utilizing the budget from this plan which anticipates $300,000 in DID assessments, and assessed value data from January of 2006, the resulting calculation for the first program year provides the following estimated assessment rate: $0.48 per $1,000 of assessed value The preceding estimate is likely to change up or down with future adjustments in total assessed value of participating properties and if actual operating expenses are less than projected budgets. It is likely that actual assessment rates are likely to decrease as long as property values within the boundaries of the DID increase and new investment is added. Treatment of Residential Properties: In the DID, residential properties, both owner-occupied and rental, are expected to receive partial benefit from C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 10 downtown-wide enhancement services. This adjustment results in residential properties being assessed at 50% of the DID assessment rate for the purpose of DID assessments. (i.e. Based upon the preceding calculations, the estimated assessment rate for residential properties would be $0.24 per$1,000 of assessed value.) Income-Assisted Residential Properties: For income assisted residential properties that provide low-to-moderate income owner-occupied and/or rental housing, the residential assessment rate will be 50% of the full residential rate, or 25.0% of the DID assessment rate for the purpose of DID assessments. The income-assisted adjustment will apply only to units that are restricted to occupancy by low-to-moderate income households. (i.e. Based upon the preceding calculations, the estimated assessment rate for income-assisted residential properties would be $0.12 per$1,000 of assessed value.) Value Cap: A value cap will be applied to individual properties that comprise property in excess of$25 million in assessed value and to any spatially contiguous properties under single ownership (including vertically contiguous parcels such as air rights) with assessed valuation in excess of$25 million. The value cap is in recognition that benefits from DID programs will be diluted for properties with an extraordinary concentration of value. For properties in excess of$25 million in assessed value, the full DID assessment rate on assessed value will apply to the first $25 million in assessed value and the DID assessment rate will be reduced by 50% for all assessed value in excess of$25 million but less than $50 million. No assessment on assessed value will apply to any value of an individual property in excess of$50 million. The owners of such properties already will be making very significant contributions to the DID. Participation by Tax-Exempt Properties: All tax-exempt properties within the DID are encouraged to financially contribute to support downtown-wide enhancements. Examples of Projected Assessments: Based upon the preceding methods and projected assessment rates, the following table illustrates examples of estimated annual assessments for a variety of property valuations. All examples are for commercial properties, unless noted. Assessed Valuation of Estimated Annual DID Property Assessment(Year 1) $ 100,000,000 $ 17,914 $ 25,000,000 $ 11,943 $ 10,000,000 $ 4,777 $ 1,000,000 $ 478 $ 500,000 $ 239 $ 250,000 (residential) $ 60 $ 100,000 $ 48 C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 11 i i VIII. GOVERNANCE DID Board of Directors: A DID board of directors is proposed to manage the day-to-day activities of the DID, including setting annual budgets and work programs. Specific duties and responsibilities of typical DID boards include: • Developing policies and procedures related to the implementation of the business plan. • Recommending future plans for services or improvements. • Scheduling and conducting an annual meeting of the property owners. • Developing a business plan for the renewal of the DID. For the Downtown Omaha DID, an 11 to 17 member DID board of directors is recommended. To represent the diverse interests of DID stakeholders, and the unique plan sub-areas of Downtown, the board should include representation from: • • All geographic areas of the DID. • A variety of property and business types. • Mix of large and small property owners, business owners and other stakeholders. • Partner organizations, including Downtown Omaha Inc. and the Old Market Business Association. • Any sub-area enhancement zones that are created within the DID. • City of Omaha, provided the city is paying its share of DID assessments. • A majority of the board will be property owners and/or their authorized representatives. The board will work in good faith with stakeholders to adopt a system of governance that is fair and equitable to all stakeholders. Although property owners will be ultimately responsible for the payment of special assessments, it is recognized that in many cases the cost of the assessments will pass through to tenants and other stakeholders. Accordingly, tenants and other stakeholders will have representation on the board. A New Organizational Blueprint for Downtown Omaha: Along with the DID, a new organizational blueprint is suggested for the management and marketing of downtown Omaha. This new blueprint aims to meet the following objectives: • Unified Voice: Create a unified voice to represent the collective interests of downtown property owners, businesses, residents and other stakeholders. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 12 • Simplify: Establish a simpler organizational structure and single point of contact for coordinating downtown development, marketing and management. • Leverage Resources: Maximize opportunities to leverage DID funds with other resources, including foundation grants, corporate sponsorships, memberships, development fees and earned income. • Provide Access and Transparency: Encourage open and broad • participation from all downtown stakeholders, from large corporations to small businesses to residents. • Foster Creativity and Innovation: Create a structure that encourages grassroots input and entrepreneurial approaches to solving downtown problems. • Benefit from Economies of Scale: Eliminate duplication, capitalize on economies of scale and improve downtown-wide communication by sharing staff, administration and overhead. The blueprint is illustrated on the following page and includes the following organizational parts: • Downtown Improvement District: The DID serves as the unified voice and one administrative agent for all downtown improvement programs. The DID board makes policy decisions for all DID-financed downtown-wide services. • Downtown Omaha Inc: Downtown's existing membership organization may explore becoming a partner of the DID, perhaps through a contract for services with the DID. The DID could provide limited staff and administrative support for Downtown Omaha Inc. • Old Market Business Association: Similar to the suggested DOI arrangement, the OMBA may explore a contractual arrangement with the DID to provide limited staff support for OMBA promotions and events. C:\Documents and Settings\omacic 1\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 13 ,C ,--i La 3 3 CO .-. O C C N .N 0 > Q n LJ I (1) L E Co _� •V Cl) > .c) (/) a) ,Y O p N E C R N O ce a) O. oQ E co L -0 a` 0_ O E c 3 0 c 3 O 0 1 -O .V 1 -C O ' 1 N D O C a CO • 122 0. C a L U C o co "C o. .c .... O (A O v Y c o ''' C > O N f9 a) 0 C E Q V O f0 C C ,a E C co C V Q '` +� w 0 0 C co c c) E 0 > E E -o C c > vim) co ... > c13 C a ° •E O 3 E 2 c4 Q C) c N p Q 3 �w 0 CD E >° co 53 cw Q co m m 06 3 E ;�- 0 w u = 0 9 w C U O tB O U) °' C CII 0 () °' i c .-. C C O a) L yd F a) N C a 13 (° V Cl) c0 0 CU C• CD Cu c a n. N E U > 7 N N c�'u (v� o 'C X C O> - > _a vim) o Cu c) 3 cs) CD aa, o cm_c 0 Q d a y.r fn v U) 3 0 C g 0 0 c) 9 C U IX. SAFEGUARDS It is common for Downtown Improvement Districts to have controls or "safeguards" that maximize cost certainty and accountability to property owners and other stakeholders. The following safeguards will be part of the Downtown Omaha Improvement District: • Annual Property Database Update: Each year the DID property database will be updated. The initial property database has been compiled by the City of Omaha with data from the local assessor. • Annual Property Owner Satisfaction Surveys: The DID will undertake annual surveys of stakeholders to determine overall satisfaction with district services and to identify areas of improvement. • District Term: The district is proposed to have a term to not exceed five (5) years. At the expiration of its term, renewal of the district will require the creation of a new business plan and evidence of property owner, business owner and other stakeholder support. • Dissolution Process: Per the state legislation, the DID could be dissolved before the expiration of its term pursuant to a petition by property owners. The issue of dissolution can be initiated by a petition signed by property owners representing 50% of assessable property within the DID. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 15 • 1 APPENDIX 1 .. 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G • 8,..e.8-- w O ~ . yEy � ° Q „VIE. v � ^g'> �t :R .- N : Np urw rn4 141 11 L �S'. � , mE ' '2 t . o E EO 0p Ni• 7.>. W I yppwt m -N mit > E N imA I. C ft§ vQQ yW R •% Igi :G U p Qa 04. j :zic + �E `� 5ggi'pp ppr pp N w E f�l..w. E • �S• �, o �. e Y .Q +y w y v . E qm N .3 Y • YYa'.� o= U m�c " Q .a � . Z.co . my Zm. _ xa $1,, c .b .•. . e m' !I } am /.c: 4 .r. O •L p -• Ii sF• Ijfl1 W — C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc APPENDIX 2 Downtown Omaha BID Stakeholder Survey October 2005 The Downtown Omaha BID Committee,with assistance from the City of Omaha and the Omaha Public Power District mailed a survey to more than 1,200 downtown property and business owners in September of 2005. 131 stakeholders responded. The survey was designed by Progressive Urban Management Associates and tabulated by Garner Insight,both based in Denver. In addition to describing their role and the type of property they own or occupy, stakeholders: • Rated the City of Omaha's performance in providing a range of services in Downtown Omaha; • Rated the likelihood they would consider paying for particular services through a BID assessment; • Indicated whether or not they thought that services provided through a BID assessment would improve the property values and economic conditions in Downtown Omaha;and • What they would add or change to positively affect Downtown Omaha. Profile of Respondents Type of stakeholder.As shown in Exhibit 1 below,nearly 60%of the stakeholders own a business in Downtown Omaha. Exhibit 1 Are you a commercial property owner, business owner and/or resident? it 3 %of Role Respondents Count Commercial Property Owner 32% 40 Business Owner 58% 74 Resident 29% 37 Church 1% i Public School 1% 1 Non-Profit Organization 1% i Note:Numbers add to greater than 100%due to multiple response. C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 1 Location and number of properties.The majority of respondents own or occupy a single property located either in the Old Market District or elsewhere in Downtown Omaha. More than half of the stakeholders (61%) own or occupy a property that is not in the Old Market District. Exhibit 2 How many Downtown Omaha properties do you own or occupy? More than One Two to five five Location property properties properties Count Downtown 85.9% 11.5% 2.6% 78 Old Market District 79.6% 18.4% 2.o% 49 property uses.Downtown property uses ranged widely,from offices to hotels or hospitality. Uses included in the"other"category included art galleries and studios,and auto salvage yard,healthcare, salons,sports,entertainment and conventions and a wholesale distributor. Exhibit 3 Which of the following uses apply to your property/business? %of Property Uses Responses Count Office 33.6% 42 Retail/restaurant 28.8% 36 Residential 28.o% 35 Other 14.4% i8 Parking 13.6% 17 Warehouse/light industrk 12.8% i6 Government/non-profit 5.6% 7 Hotel/hospitality 2.4% 3 Note:Numbers add to greater than 100%due to multiple response. C:\Documents and Settings\omacIcl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc Evaluation of Downtown Service Provision Stakeholders rated their perception of the City of Omaha's performance in providing several types of services in Downtown Omaha.The services evaluated included street cleaning,landscaping,trash removal,security/police,lighting and sidewalk repair. Exhibit 4 on the following page depicts the ratings from the entire stakeholder sample. Exhibit 4 How would you rate the City of Omaha's performance in providing the following services in Downtown? Very Very City'Service Good Fair Poor Poor n Street Cleaning 33.1% 47.2% 15.7% 3.9% 127 Landscaping 30.5% 38.3% 25.o% 6.3% 128 Trash Removal 36.7% 46.7% 13.3% 3.3% 120 Security/Police 49.6% 39.5% 5.4% 5.4% 129 Lighting 46.0% 43.7% 9.5% o.8% 126 Sidewalk Repair 23.8% 44.4% 19.o% 12.7% 126 On average, stakeholders rated the City's provision of services in the"fair"category,where a score of"1" indicates a"very good"rating and a score of"4"indicates a"very poor"rating. Sidewalk repair and landscaping received comparatively poorer scores among all stakeholders.Lighting and security/police tended to receive the best scores. Exhibit 5 Average service ratings by stakeholder sub-group Commercial '' p Old Property Business city Service. Overall Market Downtown Owner Owner Resident Street Cleaning 1.91 1.90 1.89 1.97 1.92 1.89 Landscaping 2.07 2.06 2.11 2.15 2.13 1.95 Trash Removal 1.83 1.83 1.8o 1.94 1.85 1.8i Security/Police 1.67 1.57 1.74 1.51 1.59 1.84 Lighting 1.65 1.63 1.69 1.54 1.72 1.67 Sidewalk Repair 2.21 2.47 2.07 2.15 2.32 2.19 n 129 49 77 40 74 37 Exhibit 6 on the following page presents the proportion of stakeholders who rated a particular service "very good"or"fair."As shown,commercial property owners were most satisfied with lighting.Business owners and stakeholders who own or occupy property in the Old Market District were least satisfied with the City's provision of sidewalk repair. Exhibit 6 Proportion of respondents who rated a service either "Very Good" or "Fair" C:\Documents and Settings\omacicl\L.ocal Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc Commercial Old Property Business City Service Overall Market Downtown Owner Owner Resident Street Cleaning ( 80.3% 1 77.5% r 84.0% ] 79.4% - ' 77.5% ^ 83.8% Landscaping 68.8% 67.3% 68.4% 65.o% 65.3% 75.6% Trash Removal I 83.4% 1 78.8% I 87.1% 1 77.4% [ 80.o% 1 I 89.2% 1 Security/Police I 89.1% i 91.8% `f 88.4% I 92.3% 1 89.1% 1[ 86.4% 1 Lighting L_89.7% _;I 85.7% ;[ 91.9% ! 97.4% I 86.2% 11 86.1% ] Sidewalk Repair 68.2% 57.2% 74.3% 79.4% 59.1% 69.4% n 129 49 77 40 74 37 Color Code 5o%-59% 6o%-69% 7o%-79% 18o%-89% [90%-i00%J BID Assessment Services Stakeholders rated the likelihood that they would consider paying for a particular service through a BID assessment. Exhibit 7 details the response of all stakeholders. Exhibit 7 Which of the following services would you consider paying for through a BID assessment? Probably Definitely Probably Not Definitely BID Service Consider Consider Consider Not Consider n Safety Patrols 25.4% 23.0% 20.6% 31.0% 126 Sanitation Services 22.4% 35.2% 18.4% 24.0% 125 Economic Development 29.9% 26.o% 20.5% 23.6% 127 Advocacy 28.5% 28.5% 19.5% 23.6% 123 Parking&Mobility 28.2% 24.2% 24.2% 23.4% 124 Marketing 37.9% 24.2% 16.9% 21.0% 124 Downtown Identity 35.0% 26.8% 13.8% 24.4% 123 Capital Improvements 29.5% 32.8% 15.6% 22.1% 122 Human Services 30.6% 23.4% 19.4% 26.6% 124 Special Events 23.1% 28.1% 19.8% 28.9% 121 Planning 32.3% 29.0% 15.3% 23.4% 124 Exhibit 8 presents the average scores stakeholders assigned to potential BID services,both overall and by stakeholder subgroup.Values were assigned on a scale of"1" to"4"where a rating of"1"indicates that the respondent would"Definitely Consider"the service and a score of"4"indicates that the stakeholder would"Definitely Not Consider"paying for the service through a BID assessment. Exhibit 8 Which of the following services would you consider paying for through a BID assessment? Average ratings by stakeholder subgroup C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc 1 Commercial Old Property Business BD)Service Overall Market Downtown Owner Owner Resident Safety Patrols 2.57 2.49 2.59 2.90 2.72 2.19 Sanitation Services 2.44 2.42 2.46 2.79 2.56 2.1 Economic Development 2.38 2.27 2.43 2.69 2.53 2.05 1 Advocacy 2.38 2.36 2.38 2.7o 2.46 2.15 Parking&Mobility 2.43 2.35 2.44 2.95 2.56 2.00 Marketing 2.21 2.29 2.13 2.54 2.34 2.03 Downtown Identity 2.28 2.29 2.25 2.56 2.47 2.06 Capital Improvements 2.3o 2.25 2.32 2.74 2.48 1.91 Human Services 2.42 2.57 2.30 2.88 2.63 2.09 Special Events 2.55 2.5 2.54 2.90 2.84 1.94 Planning 2.3o 2.35 2.24 2.69 2.35 2.11 n 129 49 77 40 73 37 Commercial property owners were the least likely to consider services provided through a BID assessment.Residents were the most likely to consider these services. Exhibit 9: Which of the following services would you consider paying for through a BID assessment? Proportion rating the service "Definitely Consider" or "Probably Consider" by stakeholder subgroup Commercial • Old Property Business BID Service Overall Market Downtown Owner Owner Resident Safety Patrols ZI487426:. 53.0% -• 46.0% 4. 38.4% l 43.6% 62.1% Sanitation Services 57.6% 56.3% 58.1% 42.1% 55.5% 61.2% Economic Development 55.9% 57.1% 56.o% 48.7% 50.0% 67.5% Advocacy 57.0% 55.3% 58.4% 45.0% 53.5% 64.7% Parking&Mobility 52.4% 60.4% i. 4 .3% 25.7% 47.9% _ 71.4% Marketing 62.1% 58.3% 65.3% 53.8% 57.7% 68.5% Downtown Identity 61.8% 62.6% 61.9% 46.1% 57.2% 68.6% Capital Improvements 62.3% 62.5% 62.o% 423% 55.1% MM. Human Services 54.0% E 48.9% 58.9% 35.o% 50.7% 61.8% Special Events 51.2% 52.1% 52.2% 38.5% 40.6% 77.1% Planning 61.3% 58.4% 63.9% 46.1% 6o.6% 65.7% n 129 49 77 40 73 37 Color Code rgo%oralessi so%-59% 6o%-69% 70%-79% [87)%138g4 9r0% % As shown in Exhibit 10, 52% of the stakeholders who responded to the survey thought that property values and economic conditions in Downtown Omaha would improve if some of the services listed on previous pages were provided. Fewer than two in five commercial property owners agreed. Residents were most likely to believe that conditions would improve with the provision of additional services. Exhibit 10 Do you think that property values and economic conditions in Downtown Omaha would improve if some of the services were provided? C:\Documents and Settings\omacicl\Local Settings\Temporary Internet Files\OLKBFA\DID Business Plan(2).doc • tk • Commercial Old Property Business Overall Market Downtown Owner Owner Resident Yes 51.6% 52.2% 51.4% 39.5% 43.5% 64.7% No 22.1% 30.4% 18.i% 34.2% 30.4% 8.8% Depends 25.4% 17.4% 29.2% 26.3% 26.1% 26.5% No Opinion o.8% 1.4% n 122 46 72 38 69 34 • suggestions for change. Stakeholders offered a range of ideas to positively affect Downtown Omaha. Several topics were frequently mentioned.These included removing the homeless from certain areas and changing the location where the homeless are fed. Others would clean up the streets,add flower boxes and clean up the streets. Increasing the availability of parking was also a common suggestion. Exhibit 11 If you could add or change one thing to positively affect Downtown Omaha, what would it be? Add everyday businesses, such as grocery stores, video rental stores, etc. Add parking All business owners to keep their property cleaned up daily. Repair walks and vacant store fronts. Ban the people responsible for this survey. Better nightlife BID BID Bring this back to a classy area again-move the heart of Omaha back downtown Business owners would police/improve the area in front of businesses Cheaper parking Clean it up-especially Old Market- trash, garbage, etc. Creating a bright and positive image through use of colorful signage and media advertising. Dissolution of current BID Board and an effort to use existing organizations to achieve some of the same goals (Chamber, DT Omaha, OMBA) Eliminate the gathering of"people"around the park and public library. Festivals and parades mot to W.Omaha Free parking! Grocery store/video store I think a BID is not a good idea.The City should provide better services--the WHOLE City benefits from the Old Market and Downtown.The Old Market area is a BIG asset to Omaha. If any additional taxing or assessments of significance are involved, I believe the net effect to be likely negative. (Q7) The City actively embracing and supporting the Old Market District, providing the service improvements noted in Q5 above, and positively recognizing the economic contribution the Market makes to the whole city. Keep downtown Omaha clean! Keep Heartland Park restrooms open until 11:00 pm. Landscaping and sidewalk improvements-particularly 13th Street Leave us alone-lower taxes Make it bigger C:\Documents and Settings\omaclel\Local Settings\Temporary Internet Files\OLK8FA\DID Business Plan(2).doc . A flAE( JT f, c. 11� �`�" 8/�/066 70 • d- 1S Pull S 0 1S is lZ N r < >SLsIZN A • anylslZS R� �Cp.. 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Ar CD S o s o1Va m isiis .���• x - ,o�� 1 e;3� � � rr�! • Selnst , fit \ t m• b "`�```,` 1 i1 o aanR1 % 1tOss• 0 * 0 ino O A • c 0 §/ IVa+ fD o o tT MOTION BY COUNCILMEMBER ---C?)46A p� I hereby move that Council Document No w'7� , Current Series, be amended by deleting the Resolution in its entirety and substituting in lieu thereof the attached Resolution ( APPROVElp AS TO FOY:M City Attorney „\ p\amendment of the whole a.' D. —1 Tl n n r� rrl Q CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska • RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA WHEREAS, the continued development and improvement of downtown Omaha is a priority of the City of Omaha,the business community, and the citizens of Omaha, and, WHEREAS, Nebraska Revised Statutes §§ 19-4015 to 4038, as amended, originally adopted by the Nebraska Legislature in 1979, allows for the establishment of Business Improvement Districts, and, WHEREAS, under Nebraska State Statutes, Business Improvement Districts may finance public improvements, provide public facilities, develop public activities, promote public events, undertake projects for the betterment of public facilities, contract with personnel for improvement programs, and provide for certain activities through special assessments against properties within the district's boundanes, and, WHEREAS, the Board of the Downtown Business Improvement District, appointed by the Mayor with the consent of the City Council, has been engaged in a study of the needs of the downtown Omaha concerning the creation of a Business Improvement Area and proposes the creation of one or more Business Improvement Districts, and, WHEREAS, during the process, the downtown Business Community expressed interest in the designation of a Business Improvement Area in the downtown area, and, WHEREAS, the duly appointed Board of the Downtown Business Improvement District has engaged in a thorough examination of the conditions of downtown Omaha, conducted numerous meetings over a period of five years, held public hearings, hired a consultant and prepared a detailed business plan for the Downtown Business Improvement District, such plan being on file in the City Clerk's Office, which by this reference becomes a part hereof, and, WHEREAS, in such plan, the Board of the Downtown Business Improvement District determined that a Business Improvement District(BID No 6874) should be formed, and, By Councilmember Adopted City-Clerk Approved Mayor Ls✓ CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 WHEREAS, such business plan details the area boundaries, the work to be performed by, the costs, and the method of raising revenue for the Downtown Business Improvement District, and, WHEREAS, this method of raising revenue is fair and equitable, and, WHEREAS, the City of Omaha Planning Board at its June 7, 2006 meeting recommended that Business Improvement District No 6874 be formed, and, WHEREAS, Section 19-4024 of the Nebraska Statutes requires that a public hearing be held before the City Council relative to the establishment of any proposed Business Improvement District, and, WHEREAS, the Board of the Downtown Business Improvement District has requested that the public hearing be held on August 29, 2006 in compliance with State Statutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA THAT, pursuant to the provisions of the Business Improvement District Act, Nebraska Revised Statutes Section 19-4015, et seq (Reissue 1997), and based on the recommendations received from the duly appointed Downtown Business Improvement District Board and the City of Omaha Planning Board, the City Council of the City of Omaha hereby declares its intention to create Business Improvement District No 6874 for the purpose of financing public improvements, providing public facilities, developing public activities, promoting public events, undertaking projects for the betterment of public facilities, contracting with personnel for improvement programs, and providing certain activities through special assessments against properties within the district's boundaries and for any other purpose allowed by law as hereinafter more specifically described By Counctlmember Adopted Cjty Clerk Approved Mayor V-LJt1 CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 3 BE IT FURTHER RESOLVED, that in accordance with provisions of Nebraska Revised Statutes Section 19-4024 (Reissue 1997), the following information is provided regarding the creation of such Business Improvement District 1 Description of boundary The boundaries of the proposed Business Improvement District shall generally extend from 17th Street on the west to Capitol Street and then east to 12`" Street and then north to Cass Street and then east to 10th Street and then north to Webster Street to the Missouri River, the Missouri River on the East, and Leavenworth Street to the south from the river to 156" Street, and Jackson Street from 15th Street to 17th Street Such boundary shall also include the Qwest Center Omaha and the adjacent Hilton Hotel and the SOMA Development Said boundaries are more specifically shown on the map which is attached hereto marked as Attachment A and made a part hereof by reference 2 Time and place of hearing on creation of District The time and place of the hearing to be held by the City Council of the City of Omaha to consider the establishment of Business Improvement District No 6874 shall be August 29, 2006, at the hour of 2 00 p m or as soon thereafter as possible, in the Legislative Chambers, Level LC, Ornaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska 68183 3 Work to be performed within the District The work to be performed within the proposed Improvement District shall include First Year Scope of Work Maintenance and Cleaning—Approximately 60% but not to exceed$200,000 1) Tree Preservation and Replanting Program — Remove damaged or dead trees within the Business Improvement District boundaries and establish a long-term program to ensure that trees survive in Omaha's urban environment a) Map all tree locations in public areas within the District boundaries By Councilmember Adopted City Clerk Approved Mayor -"" CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 4 b) Establish a list of tree vaneties that can survive in an urban environment along with a tree care program to be cooperatively managed by the District and the City of Omaha (watering, fertilizing,etc ) c) Identify trees that must be replaced and schedule their removal with the City Arborist (City of Omaha responsibility) d) Contract for removal of stumps (private vendor) e) Contract for replacement of trees (private vendor) Apply for grant money to replace trees with remainder coming from District funds 2) Enhanced Maintenance—Provided on a limited basis, emphasizing all areas of downtown including litter pick-up, graffiti removal, and spot cleaning a) Map all public areas within the District boundaries, showing hotspots for maintenance b) Coordinate increased maintenance program with City of Omaha Parks Department and Public Works to increase the level of maintenance throughout the District c) Target alley maintenance if budget allows d) Explore the use of City of Omaha maintenance equipment as in-kind payment for use within District boundaries Public Activity and Promotion —Approximately 10%but not to exceed $50,000 1) Downtown Website — Develop a website that becomes a primary communications and resource tool for all stakeholders within the District and visitors using the downtown area Information should include a) Contact information for all downtown resources — City of Omaha, Douglas County and related services Also includes instructions for specific types of services desired, i e getting a building permit, reporting properties that are not up to code By Councilmember Adopted City Clerk Approved Mayor CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 5 b) Information about area attractions within and surrounding the District — Qwest Center,Holland Performing Arts Center, etc , with links to websites c) A comprehensive schedule of all downtown area events, conventions and other activities d) Information about new developments in the downtown area e) A listing of all downtown area businesses including contacts and a link to their website if desired f) A listing of all downtown area hotels and restaurants including a link to their website if desired g) Mapquest or Google oriented maps of the downtown area showing parking, restaurants, hotels, and area attractions h) Related links to other websites or articles of interest to downtown stakeholders i) A monthly email newsletter for downtown area stakeholders 2) Public Relations—Develop a public relations campaign that provides current, affirmative information about Downtown Omaha to the general public a) Develop a series of news stories related to Downtown Omaha's growth as a business and residential district b) Be an advocate for Downtown Omaha and be prepared to answer questions from the media about issues that concern the downtown area 3) Explore Implementation of Downtown Amenities — Work with the City of Omaha to encourage the completion of pending capital projects a) Work with the City of Omaha to advance the implementation of a Downtown directional signage program b) Work with the City of Omaha and other organizations to advance the redevelopment of the Central Park Mall Management &Operations - Approximately 30% but not to exceed $100,000 By Councilmember Adopted City Clerk Approved Mayor CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 6 1) Program Manager (Salary) 2) Taxes, Insurance, Office Rental, Offices Supplies, etc Additional Activities that may be done in subsequent years or that may be done with money that is not generated by a special assessment under Neb Rev Stat § 19-4018 • Community development, including undertaking ongoing research and maintaining downtown market information, assisting property owners and brokers to recruit and retain tenants, supporting the growth of existing businesses and creating a climate to increase the number of residential units in downtown, in all cases working in concert with the Chamber of Commerce, the Convention and Visitor's Bureau, Downtown Omaha, Inc , Old Market Business Association, Building Owners and Managers Association of Omaha, Inc , Downtown and Old Market Residents Association, Omaha By Design and other Omaha area economic development and interest groups, but focusing on the downtown with an emphasis on smaller, infill business, residential and development opportunities • Consumer marketing to promote Downtown Omaha as a regional destination, including the creation of a downtown map and directory and downtown information website • Enhanced maintenance on a limited and targeted basis, including litter pick-up, graffiti removal, landscaping and spot cleaning • Programming public spaces for Downtown events, entertainment and other promotional activities • Parking coordination activities to improve the ease and affordability of parking for employees, visitors and other downtown user groups By Councilmember Adopted City Clerk Approved Mayor CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 7 • Cosmetic capital improvements, including gateways, wayfinding signage, banners,public art, streetscape, design plans, etc • Marketing efforts to promote downtown for housing, both to potential residents for both rental and ownership housing and to investors, property owners and developers to create additional housing • The identification and securing of additional funds, including grants, sponsorships and earned income, to leverage and increase the impact of District resources • Localized improvements and services within sub-areas of Downtown Sub-areas within Downtown Omaha have the option of creating additional localized assessments to support a variety of localized improvements, including sidewalk beautification, parking, economic development, marketing, public safety, maintenance and other special projects • Program management costs, including salary, rent, annual audit, insurance, supplies, and other costs of operations • All other functions as permitted by law 4 Estimated costs The estimated total annual cost and expense for the work performed within the Business Improvement District is three hundred fifty thousand dollars ($350,000) 5 Method of raising revenue It is recommended that from and after the date of approval of the Ordinance creating the proposed Business Improvement District, the cost and expenses for the work proposed to be performed within such Business Improvement District up to the amount of$300,000 be levied as Special Assessments, fairly and equitably based upon the special benefits to the property within the District or such lesser amount as may be collected from the levy calculated in accordance with the following formula Such special assessments By Couneilmember Adopted City Clerk Approved Mayor CITY OF OMAHA LEGISLATIVE CHAMBER • Omaha,Nebraska PAGE 8 shall be levied per $1,000 of assessed valuation and for the first year of the life of said District (base year), it is proposed not to exceed forty-eight cents ($0 48) per thousand dollars ($1,000)of assessed value and that residential properties be assessed at fifty percent (50%) of this assessment rate or a maximum rate of twenty-four cents ($0 24) per thousand dollars of assessed value For income-assisted residential properties that provide low to moderate income owner occupied and or rental housing, the residential-assessed rate shall be 50% of the full residential rate or 25% of the assessment rate for the purposes of assessments ($0 12) For properties in excess of twenty-five million dollars ($25,000,000) in assessed value, the full individual rate on assessed value will apply to the first twenty-five million in assessed value, and the assessment rate will be reduced by 50% for all assessed value in excess of $25,000,000 but not exceeding $50,000,000 in assessed value No assessment on assessed value will apply to any value of individual property in excess of $50,000 000 For the second and each succeeding assessment year, the District shall determine the aggregate amount of new or incremental valuation within its boundaries over the base year valuation The District shall multiply the incremental valuation amount by $0 48/$1,000 of assessed value (or whatever the first year's valuation figure is) for non-residential property, $0 24/$1,000 of assessed value (or whatever the first year's valuation figure is) for residential property, and $0 12/$1,000 of assessed value (or whatever the first year's valuation figure is) for income assisted residential property and subtract the result from $300,000 The levy on the base year valuation would then be adjusted downward as necessary so that no more is levied and collected than is required for the sum of the base year assessment and the incremental assessment to equal the $300,000 With each succeeding year, more and more of the assessment will come from the increment, which will not be capped with respect to any particular property The District shall not levy against vacant properties that are under renovation with duly submitted build-out plans until the earlier of completion of the build-out or the procurement of the tenant or tenants By Counctlmem ber Adopted City Clerk Approved Mayor `✓• . CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 9 6 Method of Governance It is contemplated that that should the Downtown Business Improvement District be formed that the Board will contract with an entity that is representative of the District (representative entity) to perform the functions of the District The representative entity, which will carry out the goals in the attached Plan, will be made up of a diverse body of individuals who have an interest and a stake in the District boundaries Such representative entity will include meaningful representation by residents of the Distnct The specifics of the governance will be detailed further in any ordinance creating the Downtown Business Improvement District APPROVE S F R 773//: CITY TTOR_N DATE P\LAW 1\16564maf doc By Councilmember Adopted City Clerk Approved Mayor tG C ¢ D C _r J 4-, 1 V _O C ~ r. `M = .yam-. :J t 4` 0 0 CDa. 0 G �_ C n _ ,_ r .. P. -- ,- v w r+ rD fJ O ✓ R r �t CL n J7 C. -r C -c 7- -, = 1 -. r'▪ r -. ,. N . 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Q�i. o ..:m, Is 41ZtN Cl) yM1 A .12 & on �• O .Z `�I ....... 1 to Ail ,, to - m ` "�fi� q 1 ; �p lsutts Isvtus 4111N :1: CA q )1„ i ei. ..„.., & milli! ' pry . . :r. z f _. ;-8h St;., 164165 +tl p tSt16N o !-,,,,,, r < zl ,� ,N y i z. eg• 1s:4 s 111 lp CP rrr $$a7 SF P:. t CO i 5jr' h; �` '-- �__._- -- `/-`y ?a^tg 1Attoss'w x l CI I � Il[l^rt\\``y7IIII JJ --) ril ,< Sin //f LL ! J D , Ybp o o a i• cot r-, 7c• rp co g. ,-- a CD MQ k0 0 O \N 0 CD cr k< ‘-‹ CA \ n 0 Fr cd i n O g co CD Pi MOTION BY COUNCILMEMBER I hereby move that Council Document No. , Current Series, be amended as follows: 1. Amend the Resolution, by deleting the third complete sentence on Page 6 which reads as "The District shall multiply the incremental valuation amount by $0.48/$1,000 of assessed value (or whatever the first year's valuation figure is) and subtract the result from $300,000" and inserting the following sentence in its place, "The District shall multiply the incremental valuation amount by $0.48/$1,000 of assessed value (or whatever the first year's valuation figure is) for non-residential property, $0.24/$1,000 of assessed value (or whatever the first year's valuation figure is) for residential property, and $0.12/$1,000 of assessed value (or whatever the first year's valuation figure is) for income assisted residential property and subtract the result from $300,000." APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY DAT 1 z o n� N. cp tri a F C CD N o \e` ► N O `Ca C 0 ' 0 0 o O p �. CCD \ 0 ,-,-, fa II **al -4' 8 ri k - . , Fr a 1 MOTION BY COUNCILMEMBER I hereby move that Council Document No. , Current Series, be amended in the whole by deleting the Resolution in its entirety and substituting in lieu thereof the attached Resolution. APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY 719A E C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the continued development and improvement.of downtown Omaha is a priority of the City of Omaha, the business community, and the citizens of Omaha; and, WHEREAS, Nebraska Revised Statutes §§ 19-4015 to 4038, as amended, originally adopted by the Nebraska Legislature in 1979, allows for the establishment of Business Improvement Districts; and, WHEREAS, under Nebraska State Statutes, Business Improvement Districts may finance public improvements, provide public facilities, develop public activities, promote public events, undertake projects for the betterment of public facilities, contract with personnel for improvement programs, and provide for certain activities through special assessments against properties within the district's boundaries; and, WHEREAS, the Board of the Downtown Business Improvement District, appointed by the Mayor with the consent of the City Council, has been engaged in a study of the needs of the downtown Omaha concerning the creation of a Business Improvement Area and proposes the creation of one or more Business Improvement Districts; and, WHEREAS, during the process, the downtown Business Community expressed interest in the designation of a Business Improvement Area in the downtown area; and, WHEREAS, the duly appointed Board of the Downtown Business Improvement District has engaged in a thorough examination of the conditions of downtown Omaha, conducted numerous meetings over a period of five years, held public hearings, hired a consultant and prepared a detailed business plan for the Downtown Business Improvement District, such plan being on file in the City Clerk's Office, which by this reference becomes a part hereof; and, WHEREAS, in such plan, the Board of the Downtown Business Improvement District determined that a Business Improvement District (BID No. 6874) should be formed By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska PAGE -2- WHEREAS, such business plan details the boundaries, the work to be performed by, the costs, and the method of raising revenue for the Downtown Business Improvement District; and, WHEREAS, this method of raising revenue is fair and equitable; and, WHEREAS, the City of Omaha Planning Board at its June 7, 2006 meeting recommended that Business Improvement District No. 6874 be formed; and, WHEREAS, Section 19-4024 of the Nebraska Statutes requires that a public hearing be held before the City Council relative to the establishment of any proposed Business Improvement District; and, WHEREAS, the Board of the Downtown Business Improvement District has requested that the public hearing be held on June 27, 2006 in compliance with State Statutes; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, pursuant .to the provisions of the Business Improvement District Act, Nebraska Revised Statutes Section 19-4015, et seq. (Reissue 1997), and based on the recommendations received from the duly appointed Downtown Business Improvement District Board and the City of Omaha Planning Board, the City Council of the City of Omaha hereby declares its intention to create Business Improvement District No. 6874 for the purpose of financing public improvements, providing public facilities, developing public activities, promoting public events, undertaking projects for the betterment of public facilities, contracting with personnel for improvement programs, and providing certain activities through special assessments against properties within the district's boundaries and for any other purpose allowed by law as hereinafter more specifically described. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA a ' LEGISLATIVE CHAMBER Omaha,Nebraska PAGE -3- BE IT FURTHER RESOLVED, that in accordance with provisions of Nebraska Revised Statutes Section 19-4024 (Reissue 1997), the following information is provided regarding the creation of such Business Improvement District: 1. Description of boundary. The boundaries of the proposed Business Improvement District shall generally extend from 20th Street on the west to Chicago Street and Interstate 480 on the north, the Missouri River on the East, and Leavenworth Street to the south from the river to 15th Street, and Jackson Street from 15th Street to 20th Street. Such boundary shall also include the Qwest Center Omaha and the adjacent Hilton Hotel and the SOMA Development. Said boundaries are more specifically shown on the map which is attached hereto marked as Attachment A and made a part hereof by reference. 2. Time and place of hearing on creation of District. The time and place of the hearing to be held by the City Council of the City of Omaha to consider the establishment of Business Improvement District No. 6874 shall be June 27, 2006, at the hour of 2:00 p.m. or as soon thereafter as possible, in the Legislative Chambers, Level LC, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska 68183. 3. Work to be performed within the District. The work to be performed within the proposed Improvement District shall include, but not be limited to: • Community development, including undertaking ongoing research and maintaining downtown market information, assisting property owners and brokers to recruit and retain tenants, supporting the growth of existing businesses and creating a climate to increase the number of residential units in downtown, in all cases working in concert with the Chamber of Commerce, the Convention and Visitor's Bureau, Downtown Omaha, Inc., Old Market Business Association, Building Owners and Managers Association of Omaha, Inc., Downtown and Old Market Residents By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE -4- Association, Omaha By Design and other Omaha area economic development and interest groups, but focusing on the downtown with an emphasis on smaller, infill business, residential and development opportunities. • Consumer marketing to promote Downtown Omaha as a regional destination, including the creation of a downtown map and directory and downtown information website. • Enhanced maintenance on a limited and targeted basis, including litter pick-up, graffiti removal, landscaping and spot cleaning. • Programming public spaces for Downtown events, entertainment and other promotional activities. • Parking coordination activities to improve the ease and affordability of parking for employees, visitors and other downtown user groups. • Cosmetic capital improvements, including gateways, wayfinding signage, banners, public art, streetscape design plans, etc. • Marketing efforts to promote downtown for housing, both to potential residents for both rental and ownership housing and to investors, property owners and developers to create additional housing. • The identification and securing of additional funds, including grants, sponsorships and earned income, to leverage and increase the impact of District resources. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska PAGE -5- • Localized improvements and services within sub-areas of Downtown. Sub-areas within Downtown Omaha have the option of creating additional localized assessments to support a variety of localized improvements, including sidewalk beautification, parking, economic development, marketing, public safety, maintenance and other special projects. • Program management costs, including salary, rent, annual audit, insurance, supplies, and other costs of operations. • All other functions as permitted by law. 4. Estimated costs. The estimated total annual cost and expense for the work performed within the Business Improvement District is three hundred fifty thousand dollars ($350,000). 5. Method of raising revenue. It is recommended that from and after the date of approval of the Ordinance creating the proposed Business Improvement District, the cost and expenses for the work proposed to be performed within such Business Improvement District up to the amount of$300,000 be levied as Special Assessments, fairly and equitably based upon the special benefits to the property within the District. Such special assessments shall be levied per $1,000 of assessed valuation and for the first year of the life of said District (base year), it is proposed not to exceed forty-eight cents ($0.48) per thousand dollars ($1,000) of assessed value and that residential properties be assessed at fifty percent (50%) of this assessment rate or a maximum rate of twenty-four cents ($0.24) per thousand dollars of assessed value. For income- assisted residential properties that provide low to moderate income owner occupied and or rental housing, the residential-assessed rate shall be 50% of the full residential rate or 25% of the assessment rate for the purposes of assessments ($0.12). For properties in excess of twenty-five million dollars ($25,000,000)in assessed value, the full individual rate on assessed value will By Councilmember Adopted City Clerk Approved Mayor c-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE -6- apply to the first twenty-five million in assessed value, and the assessment rate will be reduced by 50% for all assessed value in excess of $25,000,000 but not exceeding $50,000,000 in assessed value. No assessment on assessed value will apply to any value of individual property in excess of$50,000.000. For the second and each succeeding assessment year, the District shall determine the aggregate amount of new or incremental valuation within its boundaries over the base year valuation. The District shall multiply the incremental valuation amount by $0.48/$1,000 of assessed value (or whatever the first year's valuation figure is) and subtract the result from $300,000. The levy on the base year valuation would then be adjusted downward as necessary so that no more is levied and collected than is required for the sum of the base year assessment and the incremental assessment to equal the $300,000. With each succeeding year, more and more of the assessment will come from the increment, which will not be capped with respect to any particular property. The District shall not levy against vacant properties that are under renovation with duly submitted build-out plans until the earlier of completion of the build-out or the procurement of the tenant or tenants. 6. Method of Governance. It is contemplated that that should the Downtown Business Improvement District be formed that the Board will contract with an entity that is representative of the District (representative entity) to perform the functions of the District. The representative entity, which will carry out the goals in the attached Plan, will be made up of a diverse body of individuals who have an interest and a stake in the District boundaries. Such representative entity will include meaningful representation by residents of the District. The specifics of the governance will be detailed further in any ordinance creating the Downtown Business Improvement District. P:\LAW 1\6817sap.doc APPROVED AS TO FORM: 1_40.40 ASSISTANT CITY ATTORNEY DATE By Councilmember Adopted City Clerk Approved Mayor ...„ ,-, .... L- g % 'Q) -- -- ,-7i, 0 , 9 N v `, a Cam] ¢- r.. kr: • . •8 wy`' ,..o o CJ E & r ' ( .14 .-- 0 \ n \ y o \ " an tn AUGUST 29, 2006 - #670—Motion by Vokal to declare the petition insufficient and that the resolution be adopted as amended. Seconded by Thompson Motion by Brown to amend the resolution by deleting the property located at 110, 112 & 114 North 9th Street. Seconded by Gernandt LOST 3-3-1 pass Yeas: Brown, Gernandt, Sigerson Nays: Thompson, Suttle, Welch Pass: Vokal Motion by Brown to amend the resolution by deleting the property located at 1314 Douglas Street and 1334 Dodge Street. Councilmember Brown withdraws his motion Original Motion to declare the petition insufficient and that the resolution be adopted as amended Carried: 4-3 Yeas: Thompson, Vokal, Brown, Gernandt Nays: Sigerson, Suttle, Welch MOTION BY COUNCILMEMBER 411 .�_,.. I hereby move that Council Document No. to 7° , Current Series, be amended by deleting the Resolution in its entirety and substituting in lieu thereof the attached Resolution. i I APPROVE AS TO FO M: City Attorney p:\amendment of the whole O CD CD r-- CD n rn r-- — n (/) • _ N rrl C-25A CITY OF OMAHA • • LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the continued development and improvement of downtown Omaha is a priority of the City of Omaha, the business community, and the citizens of Omaha; and, WHEREAS, Nebraska Revised Statutes §§ 19-4015 to 4038, as amended, originally adopted by the Nebraska Legislature in 1979, allows for the establishment of Business Improvement Districts; and, WHEREAS, under Nebraska State Statutes, Business Improvement Districts may finance public improvements, provide public facilities, develop public activities, promote public events, undertake projects for the betterment of public facilities, contract with personnel for improvement programs, and provide for certain activities through special assessments against properties within the district's boundaries; and, WHEREAS, the Board of the Downtown Business Improvement District, appointed by the Mayor with the consent of the City Council, has been engaged in a study of the needs of the downtown Omaha concerning the creation of a Business Improvement Area and proposes the creation of one or more Business Improvement Districts; and, WHEREAS, during the process, the downtown Business Community expressed interest in the designation of a Business Improvement Area in the downtown area; and, WHEREAS, the duly appointed Board of the Downtown Business Improvement District has engaged in a thorough examination of the conditions of downtown Omaha, conducted numerous meetings over a period of five years, held public hearings, hired a consultant and prepared a detailed business plan for the Downtown Business Improvement District, such plan being on file in the City Clerk's Office, which by this reference becomes a part hereof; and, WHEREAS, in such plan, the Board of the Downtown Business Improvement District determined that a Business Improvement District (BID No. 6874) should be formed; and, By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 WHEREAS, such business plan details the area boundaries, the work to be performed by, the costs, and the method of raising revenue for the Downtown Business Improvement District; and, WHEREAS, this method of raising revenue is fair and equitable; and, WHEREAS, the City of Omaha Planning Board at its June 7, 2006 meeting recommended that Business Improvement District No. 6874 be formed; and, WHEREAS, Section 19-4024 of the Nebraska Statutes requires that a public hearing be held before the City Council relative to the establishment of any proposed Business Improvement District; and, WHEREAS, the Board of the Downtown Business Improvement District has requested that the public hearing be held on August 29, 2006 in compliance with State Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, pursuant to the provisions of the Business Improvement District Act, Nebraska Revised Statutes Section 19-4015, et seq. (Reissue 1997), and based on the recommendations received from the duly appointed Downtown Business Improvement District Board and the City of Omaha Planning Board, the City Council of the City of Omaha hereby declares its intention to create Business Improvement District No. 6874 for the purpose of financing public improvements, providing public facilities, developing public activities, promoting public events, undertaking projects for the betterment of public facilities, contracting with personnel for improvement programs, and providing certain activities through special assessments against properties within the district's boundaries and for any other purpose allowed by law as hereinafter more specifically described. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER • Omaha,Nebraska PAGE 3 BE IT FURTHER RESOLVED, that in accordance with provisions of Nebraska Revised Statutes Section 19-4024 (Reissue 1997), the following information is provided regarding the creation of such Business Improvement District: 1. Description of boundary. The boundaries of the proposed Business Improvement District shall generally extend from 17th Street on the west to Capitol Street and then east to 12th Street and then north to Cass Street and then east to 10th Street and then north to Webster Street to the Missouri River, the Missouri River on the East, and Leavenworth Street to the south from the river to 15th Street, and Jackson Street from 15th Street to 17th Street. Such boundary shall also include the Qwest Center Omaha and the adjacent Hilton Hotel and the SOMA Development. Said boundaries are more specifically shown on the map which is attached hereto marked as Attachment A and made a part hereof by reference. 2. Time and place of hearing on creation of District. The time and place of the hearing to be held by the City Council of the City of Omaha to consider the establishment of Business Improvement District No. 6874 shall be August 29, 2006, at the hour of 2:00 p.m. or as soon thereafter as possible, in the Legislative Chambers, Level LC, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska 68183. within the District. The work to be performed within 3. Work to be performed the proposed Improvement District shall include: First Year Scope of Work Maintenance and Cleaning—Approximately 60% but not to exceed $200,000 1) Tree Preservation and Replanting Program — Remove damaged or dead trees within the Business Improvement District boundaries and establish a long-term program to ensure that trees survive in Omaha's urban environment. a) Map all tree locations in public areas within the District boundaries. By Councilmember Adopted City Clerk Approved Mayor c-25A CITY OF OMAHA • • LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 4 b) Establish a list of tree varieties that can survive in an urban environment along with a tree care program to be cooperatively managed by the District and the City of Omaha(watering, fertilizing, etc.). c) Identify trees that must be replaced and schedule their removal with the City Arborist (City of Omaha responsibility). d) Contract for removal of stumps (private vendor). e) Contract for replacement of trees (private vendor). Apply for grant money to replace trees with remainder coming from District funds. 2) Enhanced Maintenance —Provided on a limited basis, emphasizing all areas of downtown including litter pick-up, graffiti removal, and spot cleaning. a) Map all public areas within the District boundaries, showing hotspots for maintenance. b) Coordinate increased maintenance program with City of Omaha Parks Department and Public Works to increase the level of maintenance throughout the District. c) Target alley maintenance if budget allows. d) Explore the use of City of Omaha maintenance equipment as in-kind payment for use within District boundaries. Public Activity and Promotion—Approximately 10%but not to exceed $50,000 1) Downtown Website — Develop a website that becomes a primary communications and resource tool for all stakeholders within the District and visitors using the downtown area. Information should include: a) Contact infoiivation for all downtown resources — City of Omaha, Douglas County and related services. Also includes instructions for specific types of services desired, i.e. getting a building permit, reporting properties that are not up to code. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 5 b) Information about area attractions within and surrounding the District — Qwest Center, Holland Performing Arts Center, etc., with links to websites. c) A comprehensive schedule of all downtown area events, conventions and other activities. d) Information about new developments in the downtown area. e) A listing of all downtown area businesses including contacts and a link to their website if desired. f) A listing of all downtown area hotels and restaurants including a link to their website if desired. g) Mapquest or Google oriented maps of the downtown area showing parking, restaurants, hotels, and area attractions. h) Related links to other websites or articles of interest to downtown stakeholders. i) A monthly email newsletter for downtown area stakeholders. 2) Public Relations —Develop a public relations campaign that provides current, affirmative information about Downtown Omaha to the general public. a) Develop a series of news stories related to Downtown Omaha's growth as a business and residential district. b) Be an advocate for Downtown Omaha and be prepared to answer questions from the media about issues that concern the downtown area. 3) Explore Implementation of Downtown Amenities — Work with the City of Omaha to encourage the completion of pending capital projects. a) Work with the City of Omaha to advance the implementation of a Downtown directional signage program. b) Work with the City of Omaha and other organizations to advance the redevelopment of the Central Park Mall. Management & Operations - Approximately 30% but not to exceed $100,000 By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 6 1) Program Manager (Salary) 2) Taxes, Insurance, Office Rental, Offices Supplies, etc. Additional Activities that may be done in subsequent years or that may be done with money that is not generated by a special assessment under Neb.Rev.Stat. § 19-4018: • Community development, including undertaking ongoing research and maintaining downtown market information, assisting property owners and brokers to recruit and retain tenants, supporting the growth of existing businesses and creating a climate to increase the number of residential units in downtown, in all cases working in concert with the Chamber of Commerce, the Convention and Visitor's Bureau, Downtown Omaha, Inc., Old Market Business Association, Building Owners and Managers Association of Omaha, Inc., Downtown and Old Market Residents Association, Omaha By Design and other Omaha area economic development and interest groups, but focusing on the downtown with an emphasis on smaller, infill business, residential and development opportunities. • Consumer marketing to promote Downtown Omaha as a regional destination, including the creation of a downtown map and directory and downtown information website. • Enhanced maintenance on a limited and targeted basis, including litter pick-up, graffiti removal, landscaping and spot cleaning. • Programming public spaces for Downtown events, entertainment and other promotional activities. • Parking coordination activities to improve the ease and affordability of parking for employees, visitors and other downtown user groups. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER • Omaha,Nebraska PAGE 7 • Cosmetic capital improvements, including gateways, wayfinding signage, banners, public art, streetscape, design plans, etc. • Marketing efforts to promote downtown for housing, both to potential residents for both rental and ownership housing and to investors, property owners and developers to create additional housing. • The identification and securing of additional funds, including grants, sponsorships and earned income, to leverage and increase the impact of District resources. • Localized improvements and services within sub-areas of Downtown. Sub-areas within Downtown Omaha have the option of creating additional localized assessments to support a variety of localized improvements, including sidewalk beautification, parking, economic development, marketing, public safety, maintenance and other special projects. • Program management costs, including salary, rent, annual audit, insurance, supplies, and other costs of operations. • All other functions as permitted by law. 4. Estimated costs. The estimated total annual cost and expense for the work performed within the Business Improvement District is three hundred fifty thousand dollars ($350,000). 5. Method of raising revenue. It is recommended that from and after the date of approval of the Ordinance creating the proposed Business Improvement District, the cost and expenses for the work proposed to be performed within such Business Improvement District up to the amount of$300,000 be levied as Special Assessments, fairly and equitably based upon the special benefits to the property within the District or such lesser amount as may be collected from the levy calculated in accordance with the following formula. Such special assessments By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 8 shall be levied per $1,000 of assessed valuation and for the first year of the life of said District (base year), it is proposed not to exceed forty-eight cents ($0.48) per thousand dollars ($1,000) of assessed value and that residential properties be assessed at fifty percent (50%) of this assessment rate or a maximum rate of twenty-four cents ($0.24) per thousand dollars of assessed value. For income-assisted residential properties that provide low to moderate income owner occupied and or rental housing, the residential-assessed rate shall be 50% of the full residential rate or 25% of the assessment rate for the purposes of assessments ($0.12). For properties in excess of twenty-five million dollars ($25,000,000) in assessed value, the full individual rate on assessed value will apply to the first twenty-five million in assessed value, and the assessment rate will be reduced by 50% for all assessed value in excess of $25,000,000 but not exceeding $50,000,000 in assessed value. No assessment on assessed value will apply to any value of individual property in excess of $50,000.000. For the second and each succeeding assessment year, the District shall determine the aggregate amount of new or incremental valuation within its boundaries over the base year valuation. The District shall multiply the incremental valuation amount by $0.48/$1,000 of assessed value (or whatever the first year's valuation figure is) for non-residential property, $0.24/$1,000 of assessed value (or whatever the first year's valuation figure is) for residential property, and $0.12/$1,000 of assessed value (or whatever the first year's valuation figure is) for income assisted residential property and subtract the result from $300,000. The levy on the base year valuation would then be adjusted downward as necessary so that no more is levied and collected than is required for the sum of the base year assessment and the incremental assessment to equal the $300,000. With each succeeding year, more and more of the assessment will come from the increment, which will not be capped with respect to any particular property. The District shall not levy against vacant properties that are under renovation with duly submitted build-out plans until the earlier of completion of the build-out or the procurement of the tenant or tenants. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 9 6. Method of Governance. It is contemplated that that should the Downtown Business Improvement District be formed that the Board will contract with an entity that is representative of the District (representative entity) to perform the functions of the District. The representative entity, which will carry out the goals in the attached Plan, will be made up of a diverse body of individuals who have an interest and a stake in the District boundaries. Such representative entity will include meaningful representation by residents of the District. The specifics of the governance will be detailed further in any ordinance creating the Downtown Business Improvement District. APPROVED S ! F Vi R fp 4,010P 40, 7 SA" CITY TTORN - DATE P:\LAW 1\16564maf.doc By Councilmember Adopted City Clerk Approved Mayor L TTA-c HP EN T 7- , 1SWZZS o IS1slZN A * cam IItZS 1S1slZN 0 •di 4 lSIstZS 1• 0 N48i w 1S4tOZN - O m • oth S Remp •OZ S all i= _ " 01101110 � ���� pntg eoueigj O1 1 1S4161N A A A. i D 1S 4t81 S A 8 sl6mst �D 19�1181N 1S4191N 0. IS = ,T). '.. S18thSt 4 ' O At _ - � S41UN i� S 17th S IS 01.1.S O:Min mu ri 191S 11 v co IS 4 cn 0 GC U O ' R 9tN1S41S1N - S S r 0 . _ W IL b A a -dal . 1S4t£1Sd is4£I.N1:4fl O _Ijs T_ 7 _7 _ iSN V gigs a.: gi g. L ITD18 'S 411 N sa ' 1 TN I, 7. go IS OlS - , ■ , '. UR I V is 418 S i7` •euop Od N8 �S9N 2 g.1S:j S ""` ..0.0 ,_1. ..... 1O0 3 1 S 6lh St 1 .. ti \ ^ •1I N 1A1aWSSiw • JO^til • o 1 0 * CO C.0 0 a O mm R- 5. ». o N 7 N N cn , 0 .. CD iy�0 cn n A� 0 CD - CD timr CI' C O CD 6 d r* N\O n n_ CD \ . 0 n cr to E\, n n2, x' o cr C-25A CITY OF 'OMAHA LEGISLATIVE CHAMBER �''A-" `' " -A-A 'p.,/ 4(10G . )&o• (0 70 U Omaha,Nebraska S///o-6 . RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the continued development and improvement of downtown Omaha is a priority of the City of Omaha, the business community, and the citizens of Omaha; and, WHEREAS, Nebraska Revised Statutes §§ 19-4015 to 4038, as amended, originally adopted by the Nebraska Legislature in 1979, allows for the establishment of Business Improvement Districts; and, • WHEREAS, under Nebraska State Statutes, Business Improvement Districts may finance public improvements, provide public facilities, develop public activities, promote public events, undertake projects for the betterment of public facilities, contract with personnel for improvement programs, and provide for certain activities through special assessments against properties within the district's boundaries; and, WHEREAS, the Board of the Downtown Business Improvement District, appointed by the Mayor with the consent of the City Council, has been engaged in a study of the needs of the downtown Omaha concerning the creation of a Business Improvement Area and proposes the creation of one or more Business Improvement Districts; and, WHEREAS, during the process, the downtown Business Community expressed interest in the designation of a Business Improvement Area in the downtown area; and, WHEREAS, the duly appointed Board of the Downtown Business Improvement District has engaged in a thorough examination of the conditions of downtown Omaha, conducted numerous meetings over a period of five years, held public hearings, hired a consultant and prepared a detailed business plan for the Downtown Business Improvement District, such plan being on file in the City Clerk's Office, which by this reference becomes a part hereof; and, WHEREAS, in such plan, the Board of the Downtown Business Improvement District determined that a Business Improvement District (BID No. 6874) should be formed; and, By Councilmember Adopted City Clerk Approved Mayor r' C-25A CITY—OF-OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 WHEREAS, such business plan details the area boundaries, the work to be performed by, the costs, and the method of raising revenue for the Downtown Business Improvement District; and, WHEREAS, this method of raising revenue is fair and equitable; and, WHEREAS, the City of Omaha Planning Board at its June 7, 2006 meeting recommended that Business Improvement District No. 6874 be formed; and, WHEREAS, Section 19-4024 of the Nebraska Statutes requires that a public hearing be held before the City Council relative to the establishment of any proposed Business Improvement District; and, WHEREAS, the Board of the Downtown Business Improvement District has requested that the public hearing be held on August 29, 2006 in compliance with State Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, pursuant to the provisions of the Business Improvement District Act, Nebraska Revised Statutes Section 19-4015, et seq. (Reissue 1997), and based on the recommendations received from the duly appointed Downtown Business Improvement District Board and the City of Omaha Planning Board, the City Council of the City of Omaha hereby declares its intention to create Business Improvement District No. 6874 for the purpose of financing public improvements, providing public facilities, developing public activities, promoting public events, undertaking projects for the betterment of public facilities, contracting with personnel for improvement programs, and providing certain activities through special assessments against properties within the district's boundaries and for any other purpose allowed by law as hereinafter more specifically described. By Councilmember Adopted City Clerk Approved Mayor r . C=25A CITY OF TOMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 3 BE IT FURTHER RESOLVED, that in accordance with provisions of Nebraska Revised Statutes Section 19-4024 (Reissue 1997), the following information is provided regarding the creation of such Business Improvement District: 1. Description of boundary. The boundaries of the proposed Business Improvement District shall generally extend from 17th Street on the west to Capitol Street and then east to 12th Street and then north to Cass Street and then east to 10th Street and then north to Webster Street to the Missouri River, the Missouri River on the East, and Leavenworth Street to the south from the river to 15th Street, and Jackson Street from 15th Street to 17th Street. Such boundary shall also include the Qwest Center Omaha and the adjacent Hilton Hotel and the SOMA Development. Said boundaries are more specifically shown on the map which is attached hereto marked as Attachment A and made a part hereof by reference. 2. Time and place of hearing on creation of District. The time and place of the hearing to be held by the City Council of the City of Omaha to consider the establishment of Business Improvement District No. 6874 shall be August 29, 2006, at the hour of 2:00 p.m. or as soon thereafter as possible, in the Legislative Chambers, Level LC, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska 68183. 3. Work to be performed within the District. The work to be performed within the proposed Improvement District shall include: First Year Scope of Work Maintenance and Cleaning—Approximately 60% but not to exceed$200,000 1) Tree Preservation and Replanting Program — Remove damaged or dead trees within the Business Improvement District boundaries and establish a long-term program to ensure that trees survive in Omaha's urban environment. a) Map all tree locations in public areas within the District boundaries. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 4 b) Establish a list of tree varieties that can survive in an urban environment along with a tree care program to be cooperatively managed by the District and the City of Omaha(watering, fertilizing, etc.). c) Identify trees that must be replaced and schedule their removal with the City Arborist (City of Omaha responsibility). d) Contract for removal of stumps (private vendor). e) Contract for replacement of trees (private vendor). Apply for grant money to replace trees with remainder coming from District funds. 2) Enhanced Maintenance—Provided on a limited basis, emphasizing all areas of downtown including litter pick-up, graffiti removal, and spot cleaning. a) Map all public areas within the District boundaries, showing hotspots for maintenance. b) Coordinate increased maintenance program with City of Omaha Parks f Department and Public Works to increase the level of maintenance throughout the District. c) Target alley maintenance if budget allows. as in-kind payment for d) Explore the use of City of Omaha maintenance equipmentp y use within District boundaries. Public Activity and Promotion—Approximately 10%but not to exceed$50,000 1) Downtown Website — Develop a website that becomes a primary communications and resource tool for all stakeholders within the District and visitors using the downtown area. Information should include: Omaha, Douglas all downtown resources Cityof a) Contact information forg County and related services. Also includes instructions for specific types of services desired, i.e. getting a building permit, reporting properties that are not up to code. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 5 b) Information about area attractions within and surrounding the District — Qwest Center, Holland Performing Arts Center, etc., with links to websites. c) A comprehensive schedule of all downtown area events, conventions and other activities. d) Information about new developments in the downtown area. e) A listing of all downtown area businesses including contacts and a link to their website if desired. f) A listing of all downtown area hotels and restaurants including a link to their website if desired. g) Mapquest or Google oriented maps of the downtown area showing parking, restaurants, hotels, and area attractions. h) Related links to other websites or articles of interest to downtown stakeholders. i) A monthly email newsletter for downtown area stakeholders. 2) Public Relations —Develop a public relations campaign that provides current, affirmative information about Downtown Omaha to the general public. a) Develop a series of news stories related to Downtown Omaha's growth as a business and residential district. b) Be an advocate for Downtown Omaha and be prepared to answer questions from the media about issues that concern the downtown area. 3) Explore Implementation of Downtown Amenities — Work with the City of Omaha to encourage the completion of pending capital projects. a) Work with the City of Omaha to advance the implementation of a Downtown directional signage program. b) Work with the City of Omaha and other organizations to advance the redevelopment of the Central Park Mall. Management & Operations - Approximately 30% but not to exceed$100,000 By Councilmember Adopted • City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 6 1) Program Manager (Salary) 2) Taxes, Insurance, Office Rental, Offices Supplies, etc. Additional Activities that may be done in subsequent years or that may be done with money that is not generated by a special assessment under Neb.Rev.Stat. § 19-4018: • Community development, including undertaking ongoing research and maintaining downtown market information, assisting property owners and brokers to recruit and retain tenants, supporting the growth of existing businesses and creating a climate to increase the number of residential units in downtown, in all cases working in concert with the Chamber of Commerce, the Convention and Visitor's Bureau, Downtown Omaha, Inc., Old Market Business Association, Building Owners and Managers Association of Omaha, Inc., Downtown and Old Market Residents Association, Omaha By Design and other Omaha area economic development and interest groups, but focusing on the downtown with an emphasis on smaller, infill business, residential and development opportunities. • Consumer marketing to promote Downtown Omaha as a regional destination, including the creation of a downtown map and directory and downtown information website. • Enhanced maintenance on a limited and targeted basis, including litter pick-up, graffiti removal, landscaping and spot cleaning. • Programming public spaces for Downtown events, entertainment and other promotional activities. • Parking coordination activities to improve the ease and affordability of parking for employees, visitors and other downtown user groups. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 7 • Cosmetic capital improvements, including gateways,, wayfinding signage, - banners, public art, streetscape, design plans, etc. • Marketing efforts to promote downtown for housing, both to potential • residents for both rental and ownership housing and to investors, property owners and developers to create additional housing. • The identification and securing of additional funds, including grants, sponsorships and earned income, to leverage and increase the impact of District resources. • Localized improvements and services within sub-areas of Downtown. Sub-areas within Downtown Omaha have the option of creating additional localized assessments to support a variety of localized improvements, including sidewalk beautification, parking, economic development, marketing, public safety, maintenance and other special projects. • Program management costs, including salary, rent, annual audit, insurance, supplies, and other costs of operations. • All other functions as permitted by law. 4. Estimated costs. The estimated total.annual cost and expense for the work performed within the Business Improvement District is three hundred fifty thousand dollars ($350,000). 5. Method of raising revenue. It is recommended that from and after the date of approval of the Ordinance creating the proposed Business Improvement District, the cost and expenses for the work proposed to be performed within such Business Improvement District up to the amount of$300,000 be levied as Special Assessments, fairly and equitably based upon the special benefits to the property within the District or such lesser amount as may be collected from the levy calculated in accordance with the following formula. Such special assessments By Councilmember Adopted . City Clerk Approved Mayor C-25/1 CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 8 shall be levied per $1,000 of assessed valuation and for the first year of the life of said District (base year), it is proposed not to exceed forty-eight cents ($0.48)per thousand dollars ($1,000) of assessed value and that residential properties be assessed at fifty percent (50%) of this assessment rate or a maximum rate of twenty-four cents ($0.24) per thousand`dollars of assessed value. For income-assisted residential properties that provide low to moderate income owner occupied and or rental housing, the residential-assessed rate shall be 50% of the full residential rate or 25% of the assessment rate for the purposes of assessments ($0.12). For properties in excess of twenty-five million dollars ($25,000,000) in assessed value, the full individual rate on assessed value will apply to the first twenty-five million in assessed value, and the assessment rate will be reduced by 50% for all assessed value in excess of $25,000,000 but not exceeding $50,000,000 in assessed value. No assessment on assessed value will apply to any value of individual property in excess of $50,000.000. For the second and each succeeding assessment year, the District shall determine the aggregate amount of new or incremental valuation within its boundaries over the base year valuation. The District shall multiply the incremental valuation amount by $0.48/$1,000 of assessed value (or whatever the first year's valuation figure is) for non-residential property, $0.24/$1,000 of assessed value (or whatever the first year's valuation figure is) for residential property, and $0.12/$1,000 of assessed value (or whatever the first year's valuation figure is) for income assisted residential property and subtract the result from t $300,000. The levy on the base year valuation would then be adjusted downward as necessary so that no more is levied and collected than is required for the sum of the base year assessment and the incremental assessment to equal the $300,000. With each succeeding year, more and more of the assessment will come from the increment, which will not be capped with respect to any particular property. The District shall not levy against vacant properties that are under renovation with duly submitted build-out plans until the earlier of completion of the build-out or the procurement of the tenant or tenants. By Councilmember Adopted City Clerk Approved Mayor c ?s: CITY /OF OMA'HA LEGISLATIVE CHAMBER V Omaha,Nebraska PAGE 9 6. Method of Governance. It is contemplated that that should the Downtown Business Improvement District be formed that the Board will contract with an entity that is representative of the District (representative entity) to perform the functions.of the District. The representative entity, which will carry out the goals in the attached Plan, will be made up of a diverse body of individuals who have an interest and a stake in the District boundaries. Such representative entity will include meaningful representation by residents.of the District. The specifics of the governance'will be detailed further in any ordinance creating the Downtown Business Improvement District. APPROVE R S ` Pip fp ,, CITY TTO' ; 7/5/6- DATE . P:\LAW 1\16564maf.doc V°144 By Councilmember Adopted AUG.2..9,2006 a5 a,Clet.),a4 9 3 o� �Dr�/irradxi ag/'/Iawaib/ G?2,7 k `�7` ,5 0/°eo yea5 Tip , e/� 5 i pp �j"�So/! Su&/P. City Clerk / vi d Approved...)}4-a-C - /-460 ayor , _ . 11 • , ., Fii‘h tLY\%. 2 W 17j <C2, 0 i--, fa,CrCl CD -,.1 s.g CD 0 0-(1) 0 `ci (/) --4 CO CD d i 1 °: CDA. cur' 6o n r' `� ° '» o v,o , „ID, '- -, c Q• • ^ c > v, O NUC v CQ v o °(.,. . A, O A) ag yi 2N \ tom , o C' c ° �• n; °' 0, ° Zc oo CD o b \� g• ,5,• sl'▪ � :°'v v..0 0 p, (o � °\ o' °,`< , o. - te• n �• C/ \. 0= � Nora o'rs 'V' w = CD 7�C _ 0 CD 2' � '-*, a1, o � O � � ' 4 ° q — Pop cn et' ° o c) r, 5o 0" E c 0 ', < cro IQ - CD ... `"cn (IQ . c n r o ° „,CD-l' v or p isco--:- C _ ...:\ C C c k— � ��}, \ Q4 :„su.., k ▪ N ZN. QO1 e I N , •..... a k N 1 ( "`\ .1` `� `.� \ N O o ttZs f V ..‘i) 1 (IN -,- i \NO\.. NI (Z c? I c•4 \ ' \' t\ ‘J . k ' ' ct '- L\ 1 k.,%\. ..".... k . . z \.' -) .; , , , . ,P \ 'cl% \ .1 . .--C, :. 1 Ni-l\k 1‘,. ,I.. , (\„‘ . k. , , " , . , ., , 5 r.' , i, \k 1 c\ i.,,, N,w ) ,,,7c,,, 1 c,Lf:.\ 8c.s;N-- , w .. , . gip C,-. ,..cam ! . N 'k' • \ g (-5 1 ' ti k‘ \ k , q ,(::, . k c‘- N: .N, 6" cr P k i,\ _ \, 5* c‘) c. \ k . % ,,f\, ,s, ., , .0 \%\,\. A \ * % ( .-. 4\\,, , , . k • '' ( t.t\ \ . Le'r_ ' .k\ _ , \ k, . , . ,.. . ; . , 11, t M e ' '..., k.s. —1 3 a, &zl .\..,.. ‘ 0 First National Bank First National Tower RECEIVED 1601 Dodge Street Stop 3400 Omaha NE 68102-18tilt i g AM 402.341.0500 Ci 'Y CLERic Bruce R. Lauritzeni ` ` t Chairman May 17,2006 TO ICY ALL CMS 1i 0IbT.#1 OIST.#2 DIST#3 Mr. Dan Welch 01ST.#4 Council President 0151 #5 01ST.#6 City Council sDIST.#7 / 1823 Farnam Street,Suite LC-1 tihi.OF STAFF i Omaha, NE 68183 STAFF CITY CLERK LOBBYIST Dear Dan, MAY 1 9 '06 I write in support of the formation of Omaha's Downtown Improvement District. TIME " e First National Bank is one of the largest property owners and a major g p P �' l employer in downtown Omaha. We are•comrnitted to providing our customers,our employees, our fellow Omahans, and visitors to Omaha with the very best possible downtown environment as shown by our new office tower, parks,and public art on Dodge Street and Capitol Avenue. First National Bank has been an active participant in the work of the District's organizing committee from its inception. The District's proposed Business Plan is well-conceived, reflects information developed through numerous public forums, surveys and public meetings,and is appropriately modest. The District will be a collective instrument of downtown property owners, residents, tenants and businesses. As such,the District promises to complement and support existing downtown groups by providing programs and services that bridge gaps between them and that otherwise would be unavailable to the downtown. I believe that the Downtown Improvement District will be a valuable asset for all Omahans who work, live, and recreate in downtown. I respectfully request your vote in favor of the formation of the Downtown Improvement • District. Siric rely, di ) Quality Products & Superior Service Since 1857 t Va --- '7 $ o rs CD Z o p N �s c � � N ¢' C� o cl 0. .� S oo C� � � �? ..c1. � �LI � - 'CI\ 0't1 k.) 1 \s ' 0, d t O Z � y. k 'I . al CO C n -e \ \ 0 --, c.) Rj 1I: A, 44` Trinity NorPartners ' CEi - vizD 13906 Gold Circle Suite 203 06 Omaha,NE 68144 �� ; 3 Phone: 402.697.1031 Fax: 402.502.3720 I info@trinitypartnersinc.com I www.trinitypartnersinc.com June 22, 2006 t 4 r Members of the City of Omaha City Council Omaha/Douglas Civic Center 1819 Farnam Street Omaha,NE 68183 Ladies and Gentlemen: I am writing this letter to inform you of my support for the new Omaha Downtown Improvement District(DID). I am writing on the behalf of the owners and investors involved with the 902 Dodge Street condominium development project. Downtown Omaha has grown significantly over the past decade with nearly $2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and,potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. I believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. ALL:.i`1�S To j Cy I urge you to support the DID. It will further enhance the investment that we all Cit;: A"1DIST I' have in Downtown Omaha. O 73 -"n-7""-I ?iS1:#4 Best regards, 'jj is r5 DIST#7 ills 7277'0‘ CH.OF STAFF STAFF Brian "Todd"Moffett CITY CLERK Trinity Partners, Inc. LOBBYIST JUii 2 6 '00 _4.• �L_ TIME_... .•QiI,L. JUN 26 2006 08:30 FR UPRR PUBLIC AFFAIRS 402 501 0010 TO 94445263 P.02/02 UNION Jim Young PAC I F!C lR E C E I president and Chief Executive Officer June 20, 2006 I I I ,� 06 ALI 26 Ail 8: 33 "t!_ Members of the City Council City of Omaha Omaha Douglas County Civic Center 1819 Famam Street Omaha, NE 68183 Dear Councilmen: I am writing in support of the new Omaha Downtown Improvement District(DID). We have directly participated in the DID formation process since 2000. Union Pacific owns the Union Pacific Center and the Harriman Dispatch Center located within the proposed DID, representing an investment of over$400 million. Every day, we have well over 4,000 employees working within the proposed DID. In addition, thousands of our customers, suppliers and prospective employees visit our facilities in Downtown Omaha each year. Therefore, a vibrant, attractive, clean and safe downtown is important to our corporate image, the quality of life for our employees, and our ability to recruit and retain employees. We believe that the DID will prove to be a real benefit to our Downtown. We hope you will agree and allow this effort to move to the next step. Sincerely, • UNION PAC PICCORPORATION 1400 Douglas St. 19"Floor Omaha.NE 63179 ph(402)544-665S fx.(402)501.2112 ** TOTAL PAGE.02 ** JUN 26 2006 08:30 FR UPRR PUBLIC AFFAIRS 402 501 0010 TO 94445263 P.01/02 ONION I.( II( IIIIII FAX COVER SHEET Date: 6,fa/ '& Pages including cover sheet: 2 To: ,VAASte.P. , wo V&1, CtQf2k From: JM VU,N6 Fax: (/4 02) L/L f q 526, Department: U!V I ON R? C fi C Subject: DX_1) Phone: (L10 2 ) Fax: (402) 5D1 )Z Remarks: • This facsimile message may be privileged and confidential communication and is intended for the use ofthe person to whom it was sent. If you have received this message in error,please non us immediately. This message should not be disseminated or copied fyou are not the intended recipient,but should be destroyed. Thank you. e a) '\� n ci i t 1 , &la N 1 \o re co J C ° CD ds" v 0 o to . o o. oQSil ' rp, -,, rt. 0 tz \Q t 14 , % ` Pi) o ,.... 0 0 n r-1,) \-ti, - ts\ 'i, c• w -i,' 0 4t\ -i, CD • 11 Ul 1 Mercer Management Company 511 So. 11tb St. Omaha,Nebraska 68102 402 346-4445 402 346-4449 Fax Councilman Jim Vokal June 22', 2006 1819 Farnam Omaha NE, 68102 Dear Councilman Vokal We are opposed to the new BID and its tax levy. Real estate taxes in the area are already being increased tremendously.Retail sales, commercial and apartment rents have barely increased and in some cases fallen. They cannot support more tax increases. There is no need for a new board in addition to the Planning Department to think up new projects on which to spend our taxes. This is completely different from a case where by a consensus a community recognizes a need for a specific project such as a parking garage,where a BID might be a good financing tool. In addition, it is unfair to charge smaller property owners at a higher rate than Conagra, F N B,U. P. and others because of their ability to take advantage of the cap. Apart from the expense,however,we (and most other residents and property owners in the Old Market)are also concerned that the BID committee gives the impression of representing the district when it in fact does not. We are not convinced that the committee's projects would maintain and enhance the character of the area,however financed. Such committees came up with the idea of putting the convention center right on top of the old Market at 13th and Jackson, not providing anywhere near adequate parking, and proposing that event-goers could drive around and around the Old Market and Downtown looking for a parking space. Such a committee decided that it would be a good idea to tear up all the streets in the Old Market for season to pour a concrete base, lay new bricks (possibly with old ones too) and make them more perfectly smooth. Only by getting petitions signed by 95%of the businesses affected were we able to prevent this disaster. It is pretty clear that property owners in other parts of the proposed district do not think this BID represents their interests either. The Old Market has developed over the years in a fairly spontaneous, organic,way,relying on the efforts of independent small businesses, galleries, artists and others. I believe that most of the property owners,whether commercial or residential, like it pretty much this way and do not want to delegate to this BID committee the power to decide its future. TO gCY A!_I.CM'S 1� I Sincerely, Olt;i.DIST. ��.. ----.� DIST LIST.#4_ Mark Mercer DIST.#'DiSi. ;3._ .� DIST.#7___ �...._�. CH.OF STAFF I_.t.0 STAFF CITY CLERK.�.e_._ l LOBBY!ST_ws. 2 7 `06 TIME S:`IUA .N 4Lq (1 G 5/u IJ A /1' cl 0 A_ ' n °� �' b o 0 C ., ,^ N I 1 14N CD o c N. tri o � S � o so- � n o a. il:cn oxi I � � \ 1 1; 'R 1- )"' \ can �• NI a -.7_,N,) 'F4 a 0 \ Q . moo : p o ,-• Ate+ n• b:' t. ,, CD ...1,... ,' _,_, i ,. '?" • , (‘ \ v).-i• cp • �."--, Ca. • BID concept didn't come from broad-based area businesses Apparently,Union Pacific,First National Bank and Con Agra were consulted. We know of no other businesses that were invited to participate. Companies left out include:Copy Cat,Mercer Properties,Woodmen Tower,most restaurants. • BID proposal is redundant Although the proposed BID purpose is vague,what tasks that have been discussed by proponents are already the responsibility of the City of Omaha. Marketing is the job of the Chamber of Commerce, Conventions Bureau,etc.... Services are the responsibility of the Public Works Department. If passed,taxpayers will be paying for the same services twice. • BID has no definite plan There are no plans that are mentioned or described in detail. Consequently,there are no real goals. This is a"black hole". There is no definition of what the BID will really do or how it will do it. • BID plan includes no input from residents. Residents were not consulted about whether they want a BID at all. Also,residential property owners have had no say in the structure or content of the BID. • BID proposal is too broad in scope. Downtown Omaha is too large of a district. The proposed BID will be ineffective if approved. • BID is unnecessary for Omaha. Downtown Omaha is booming. Look at the recent and projected influx of residents into the area. Look at new construction and projected construction of business space. The Old Market is at maximum capacity,and yet the businesses want more people to come. • Because the BID value is undefined,the assessments are arbitrary No projects or goals are defined,so the tax amount and budget are made up. • Includes the downtown Omaha business associations,but does not include the residential associations as "partners". This further excludes residential representation. • BID proponents have an indirect interest in downtown Omaha,but not all are property owners. A select group of people have proposed a BID and want property owners to pay for it. This has been done without consent or even a survey as to whether the property owners approve it. The area property owners lose control of their environment. • BID creates another"layer"of government. Presently we can work directly with the city to address problems and issues. With the proposed BID we funnel requests through one person who works with the city to address problems and issues. This slows down issue resolution and city involvement. a © ,� t7 0 Iv k.t, k g ' . '. . 's 0 ti7 sP � � '�` T. � p � � ram- � � CD ci) 44•tcl rig.' % * % ‘ 0 . -, 8 . 6. 0 () \ .k N ' : ."'\ r' ° CD r) -\ \-Z k' ,;. t cr. -1 — ki ,, , , ,. . O o Pa to C4 �0 � ^ ,s. g RCD 0 0 cn (%\ V) C4fr. greater omaha chamber of commerce June 27,2006 Mr. Dan Welch Omaha City Council 1819 Farnam Street, LC 1 Omaha, Nebraska 68183 -Dear°Mr.President and City Council members: - - - -As you know,the board of directors of the Greater Omaha Chamber of Commerce recently took a position in support of the Downtown Improvement District (DID) proposal under consideration today. While the Chamber remains concerned about the overall tax burden in the City of Omaha and the State of Nebraska,we acknowledge that DIDs have produced positive results in nearby cities such as Lincoln, Des Moines, Kansas City,Wichita,Oklahoma City and Denver and that the specified goals of the proposed DID in Omaha are consistent and not overlapping with the mission of the Chamber or other downtown organizations. As a result,we urge your approval with the following conditions: • Support is clearly demonstrated from area residents and businesses for the program of work and the proposed self-assessment • That the program be reviewed each year to determine its outcomes and results and be reviewed in total after its initial 5 year charter to determine whether it be continued or dissolved • That the City enters into an agreement with the DID clearly establishing its ongoing baseline of services and improvements in the area and its additional financial and/or in-kind services in support of the program so that new resources truly enhance services and improvements in the area Since I , avid G. ro President and CEO w w w . o m a h a c h a m b e r . o r g 1301 Harney Street I Omaha,NE 68102 I PHONE (402)346-5000 I FAX(402)346-7050 June 9, 2006 TO: Greater Omaha Chamber of Commerce Board of Directors FROM: Lisa Olson, Public Policy Council Chair Public Policy Council Members SUBJECT: Downtown Improvement District A Downtown Improvement District (DID) is proposed for Downtown Omaha that would encompass approximately 100 blocks within the following general boundaries: 20th Street to the West; Chicago Street and Interstate 480 to the North including Qwest Center Omaha and the Hilton Hotel; The Missouri River to the East; and Leavenworth and Jackson Streets to the South(see attached map). The goal of the DID is to create a self-sustaining and unified organization for downtown property owners, businesses and residents to strengthen Downtown's image and influence, and help increase sales, occupancies and values. If approved by the Omaha City Council, the DID would be governed by a board of directors from within the area that would hire an executive director, establish budgets and areas of focus. In its first year, the DID proposes a$350,000 budget for"spot-cleaning" maintenance such as graffiti removal and tree pruning, marketing such as downtown maps, directories, and new branding strategies, community development through investor marketing materials, and way-finding signage (see attached business plan). The DID would primarily rely upon a new assessment on property owners in the area to fund its program. The assessment would be based on property valuations within the following general parameters: $.48 per$1,000 assessed value (commercial properties)* $.24 per$1,000 assessed value (residential properties) $.12 per$1,000 assessed value (income-assisted residential properties) *A graduated value cap would be applied to individual properties in excess of$25 million assessed value. $.48 up to$25 million,$.24 from$25-50 million,no assessment over$50 million. Under this system a $100 million property would pay$17,914 per year,a$10 million property$4,777 per year,a$1 million property$478 per year and a$100,000 property$48 per year. l . The Chamber remains concerned about the overall tax burden in the City of Omaha and the State of Nebraska and believes this tax burden must continue to be reduced over time to ensure we remain competitive for further growth and development. The Chamber acknowledges, however, that DID's have produced positive results in nearby cities such as Lincoln, Des Moines, Kansas City, Wichita, Oklahoma City and Denver and that the specified goals of the proposed DID in Omaha are consistent and not overlapping with the mission of the Chamber or other downtown organizations. As a result, the Chamber is generally supportive of the DID proposal under the following conditions: • Support is clearly demonstrated from area residents and businesses for the program of work and the proposed self-assessment • That the program be reviewed each year to determine its outcomes and results and be reviewed in total after its initial 5 year charter to determine whether it be continued or dissolved • That the City enters into an agreement with the DID clearly establishing its ongoing baseline of services and improvements in the area and its additional financial and/or in-kind services in support of the program so that new resources truly enhance services and improvements in the area Resolved, that the Public Policy Council recommends to the Executive Committee and the full board of the Greater Omaha Chamber of Commerce that the Chamber adopt a position in support of the Downtown Improvement District with the conditions so noted above. B BUILDING OWNERS AND MANAGERS ASSOCIATION OF OMAHA, INC. June 1, 2006 Mr. Curtis L. Christensen, Chairperson Downtown Omaha Business Improvement District C/O Kutak Rock, LLP 1650 Farnam Street Omaha,NE 68102 Dear Mr. Christensen: The Building Owners and Managers Association of Omaha has been following the progress of the formation of a Business Improvement District(BID) for downtown Omaha. Our Government Affairs Committee has brought this issue before our Board of Directors where we passed a resolution supporting the formation of the BID. I'm writing this letter to express our support for the formation of the BID and our endorsement of the proposal set to be heard by the City Planning Commission on June 761. We encourage their approval, and we further encourage the City Council to approve the proposal as well. Sincerely, BOMA OMAHA • DENNIS HUGH , FMA, RPA President • • • 8701 West Dodge Road, Suite 300 • Omaha, NE 68114-3429 • Phone: 402-397-4745 • Fax: 402-398-5202 UNION Jim Young June 20, 2006PAC 111111 1 i II i' President and Chief Executive Officer Members of the City Council City of Omaha Omaha Douglas County Civic Center 1819 Famam Street Omaha, NE 68183 • Dear Councilmen: I am writing in support of the new Omaha Downtown Improvement District(DID). We have directly participated in the DID formation process since 2000. Union Pacific owns the Union Pacific Center and the Harriman Dispatch Center located within the proposed DID, representing an investment of over $400 million. Every day, we have well over 4,000 employees working within the proposed DID. In addition, thousands of our customers, suppliers and prospective employees visit our facilities in Downtown Omaha each year. Therefore, a vibrant, attractive, clean and safe downtown is important to our corporate image, the quality of life for our employees, and our ability to recruit and;retain employees. We believe that the DID will prove to be a real benefit to our Downtown. We hope you will agree and allow this effort to move to the next step. Sincerely, •• 7/ • UNION PACIPIC CORPORATION 1400 Douglas St. 194 Floor Omaha,NE 68179 ph.(402)544-6655 fx.(402)501-2112 oi John Q Hammons HOTELS & RESORTS June 13, 2006 Members of the City of Omaha Planning Board Members of the City of Omaha City Council Ladies and Gentlemen: We are writing this letter to inform you of our support for the new Omaha Downtown Improvement District (DID). We are the owners and operators of the Embassy Suites Downtown/Old Market located at 555 South 10th Street in Omaha, Nebraska Downtown Omaha has grown significantly over the past decade with nearly Two Billion Dollars in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and, potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. We believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. I urge you to support the DID. It will further enhance the investment that we all have in Downtown Omaha. Sincerely yours, John Q. Hammons 300 John Q. Hammons Parkway •Suite 900 •Springfield,Missouri 65806 (417)864-4300 •FAX(417)873-3540 •www.jghhotels.com -t14411-14. • Qwest Center OMAH A June 12, 2006 455Om Nha rth rashStreet Omaha CityCouncil Members Omaha,Nebraska 68102 do Mr. Warren Weaver 402 311.1500(axhone City of Omaha 991.1501 1819 Farnam Street Omaha, NE 68183 Dear Omaha City Council Members: I am writing this letter to inform you of our support for the new Omaha L„ intown Improvement District(DID). Downtown Omaha has grown significantly over the past decade with nearly $2 billion in new construction. As a result, millions of people visit downtown every year, attending concerts, sporting events, conventions and meetings. They eat in downtown restaurants, stay in hotels, walk along the Lewis & Clark Landing, go shopping and visit art studios. As downtown becomes more desirable, residents wanting to move to the area find themselves with an endless array of living options with new condos, town homes and lofts being built and renovated. Needless to say, downtown has become a thriving community full of activity and growing with new businesses. Qwest Center Omaha is proud to be a part of this. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha. These are services and improvements the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. Now is the time to do what hundreds of other communities throughout the United States have done for their downtowns. The creation of our own DID will only further enhance the personal and financial investments we all have in Downtown Omaha. With that, I urge you to support the DID and thank you for your continued interest in strengthening our community. Sincerely, 1 Roger A. Dixon President/CEO cc: urtis L. Christensen Brian MageeOMAHA M'/\ www.qwestcenteromaha.com 0 First National Bank First National Tower 1601 Dodge Street Stop 3400 Omaha NE 68102-1637 402.341.0500 Bruce R. Lauritzen Chairman May 17,2006 Mr.Pete Festersen Greater Omaha Chamber of Commerce 1301 Harney Street Omaha,NE 68102 Dear Pete, I write in support of the formation of Omaha's Downtown Improvement District. First National Bank is one of the largest property owners and a major employer in downtown Omaha. We are committed to providing our customers,our employees,our fellow Omahans,and visitors to Omaha with the very best possible downtown environment as shown by our new office tower,parks,and public art on Dodge Street and Capitol Avenue. • First National Bank has been an active participant in the work of the District's organizing committee from its inception. The District's proposed Business Plan is well-conceived,reflects information developed through numerous public forums,surveys and public meetings,and is appropriately modest. The District will be a collective instrument of downtown property owners, residents,tenants and businesses. As such,the District promises to complement and support existing downtown groups by providing programs and services that bridge gaps between them and that otherwise would be unavailable to the downtown. I believe that the Downtown Improvement District will be a valuable asset for all Omahans who work,live,and recreate in downtown. I respectfully request your vote in favor of the formation of the Downtown Improvement District. Sincerely, F - V , Quality Products & Superior Service Since 1857 • KUTAK ROCK LLP ATLANTA CHICAGO THE OMAHA BUILDING DENVER 1650 FARNAM STREET DES MOINES FAYETTEVILLE OMAHA, NEBRASKA 68102-2186 IRVINE KANSAS CITY 402-346-6000 LITTLE ROCK FACSIMILE 402-346-1148 LOS ANGELES Www.kutakrock.com OKLAHOMA CITY PASADENA RICHMOND ROBERT D. BINDERUP SCOTTSDALE robert.binderup@kutakrock.com WAS H I N GTO N WICHITA May 31, 2006 Members of the City of Omaha Planning Board Members of the City Council of the City of Omaha Omaha/Douglas Civic Center Omaha,NE 68183 Dear Ladies and Gentlemen: I am writing this letter to inform you of the support of Kutak Rock LLP for the new Omaha Downtown Improvement District (DID). Kutak Rock LLP is the owner of The Omaha Building and adjacent parking garage at 1650 Farnam Street. As you may know, we are making a substantial new capital investment in Downtown Omaha through the complete renovation of The Omaha Building. Several of our attorneys and staff reside in Downtown, and we all spend a major portion of our waking hours in Downtown Omaha. Downtown Omaha has grown significantly over the past decade with nearly $2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha itself simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and, potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. We believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. KUTAK ROCK LLP May 31, 2006 Page 2 We urge you to support the DID. It will further enhance the tremendous investment that we all have in Downtown Omaha. Sincerely yours, 44415: iliVdjOlar" Robert D.Binderup General Manager lkf 4840-6423-3729.1 DEVELOPMENT June 22, 2006 Members of the City of Omaha City Council Omaha/Douglas Civic Center 1819 Farnam Street Omaha,NE 68183 Ladies and Gentlemen: I am writing this letter to inform you of my support for the new Omaha Downtown Improvement District(DID). I am a property owner of Joslyn Lofts 621 South 15th Street. Downtown Omaha has grown significantly over the past decade with nearly $2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and,potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. I believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. I urge you to support the DID. It will further enhance the investment that we all have in Downtown Omaha. Best regards, Debra Christensen • 11 DEVELOPMENT June 22, 2006 Members of the City of Omaha City Council Omaha/Douglas Civic Center 1819 Farnam Street Omaha,NE 68183 Ladies and Gentlemen: I am writing this letter to inform you of my support for the new Omaha Downtown Improvement District(DID). I am a property owner of the Butternut Property 901 Jones Street. Downtown Omaha has grown significantly over the past decade with nearly $2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and,potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. I believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. I urge you to support the DID. It will further enhance the investment that we all have in Downtown Omaha. Best regards, Christian Christensen • BLUESTDr1E DEVELOPMENT June 22, 2006 Members of the City of Omaha City Council Omaha/Douglas Civic Center 1819 Farnam Street Omaha,NE 68183 Ladies and Gentlemen: I am writing this letter to inform you of my support for the new Omaha Downtown InTrovement District (DID). I am a business owner of Bluestone Development 701 South 15t Street. Downtown Omaha has grown significantly over the past decade with nearly $2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and,potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. • I believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. I urge you to support the DID. It will further enhance the investment that we all have in Downtown Omaha. Best regards, Christian Christensen 514 SOUTH ELEVENTH STREET • OMAHA NEBRASKA 68102 • PHO 402.344.0200 FAX 402.344.0451 WWW.UPSTREAMBREWING.COM UPSTREAM BREWING Friday, June 2, 2006 COMPANY Members of the Omaha City Council C/o Mr. Warren Weaver LC-1,Omaha/Douglas Civic Center 1819 Farnam Street Omaha,NE 68183 Dear Omaha City Council Members: I am writing this letter to inform you of my support for the new Omaha Downtown Improvement District(DID). I am a property owner within the DID boundaries. My business is the Upstream Brewing Company and we own the building at 514 South 11th Street. Downtown Omaha has grown significantly over the past decade with nearly $2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and,potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. I believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. I urge you to support the DID. It will further enhance the investment that we all have in Dow town Omaha. t regards, ria agee sident HOLTHAUS LAW OFFICES, P.C., L.L.O. 304 South 16^ Street Omaha, NE 68102 Phone: (402) 341"5095 Fax: (402) 341'5378 1-80o-HOLTHAUS e-mail: rholthaus u,holthauslaw.com Roger R. Holthaus June 1, 2006 Members of the.City of Omaha Planning Board Members of the City of Omaha City Council Ladies and Gentlemen: I operate a professional business (law office) at 304 South 16th Street and live in the Orpheum Towers 405 South 16th Street. As a person who has invested his career and home in Downtown Omaha, I totally support the establishment of a Downtown Improvement District. For the past several years, I have also been Chair of the 16th Street Committee of Downtown Omaha, Inc. This Committee is interested in and working for the revitalization of the immediate downtown area, which extends for several blocks in all direction from 16th and Farnam Street. There is a great need for additional services and improvements within Downtown Omaha. Services:and improvements that the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and, potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. I believe that we must now do what hundreds of other downtowns have done throughout the United States. I urge you to support the DID. It will further enhance the investment that we all have in Downtown Omaha and give all Omahans further reason to be proud of their city. Sinc Rog r R. Holthaus Holthaus Law Office, P.C., L.L.O Chair, 16th Street Committee Downtown Omaha, Inc. HOLTHAUS LAW OFFICES,P.C.,L.L.O.•304 South 16t Street• Omaha,Nebraska 681oz-zzo9 Phone(4oz)341-5095• E-mail address: rholthaus@holthauslaw.com•Fax(402)341-5378 •1-800-HOLTHAUS April 28, 2006 «AddressBlock»» «GreetingLine»» Omaha welcomes over 2 million visitors a year to the city with a large percentage visiting the downtown area. As a result, it is downtown Omaha that fuels their perception of our city. It is for this reason that the Greater Omaha Convention and Visitors Bureau support the Omaha Downtown Improvement District initiative to preserve and improve Omaha's number one tourism draw, downtown Omaha. Downtown Omaha is a vibrant community that exudes excitement and offers visitors a mixture of shopping, dining, museums and attractions to enjoy. We believe if visitors have a positive perception of our city and like what they see, they will share that experience with others. We are pleased at the growth and national attention our city continues to receive and hope you will support the Downtown Improvement District initiative to help us in our effort to promote Omaha as a leading tourism destination in the Midwest. Sincerely, Dana Markel Executive Director Greater Omaha Convention and Visitors Bureau vrc2 _-2, oe 6IIQ764 June 13, 2006 Members of the City of Omaha City Council Omaha/Douglas Civic Center 1819 Farnam Street Omaha, NE 68183 Ladies and Gentlemen: I am writing this letter to inform you of my support for the new Omaha Downtown Improvement District (DID). I am co-owner of NuStyle Development with numerous market rate and affordable income apartments. I am happy to pay my share to keep my properties and the areas surrounding them looking their best for all of our new visitors. Downtown Omaha has grown significantly over the past decade with nearly$2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and,potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. I believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. I urge you to support the DID. It will further enhance the investment that we all have in Downtown Omaha. Best regards, f5 Todd Heistand ( NuStyle Development Corporation \o.ko o N �. C� c� s _ 00 O6 d 5 CF, (q. g oc) - ... g E ,5- 1 n o '. 4 ,, - y ° - F ,'", ,'8 '�� w v ! `.� CCD Fr) rz\(.; Er g 4 ' ./4 g,„ 0 �' f Cl) '1 i%,.. 4 `n DOWNTOWN DEVELOPMENT Clients of James E. Lang Parking Management& Consultants, Inc. Black& Tan, LLC Corey-McKenzie Company Lorane Kinney Cubby's Inc. Mark W. Swanson Steven Jay Lefler Katherine E. Becker T.J. Carmody Martin L. Thon • George Eisenberg Prime Properties, LLC F:\downtown development.list.2.wpd t._1 l Vi- rilb G, 1 ..4., 4 = eg . 1't, , 'E 'X p • s P k,.. s, s, . ._,_ " O� C n O Cr P. X moo ,, �O ! .< 0 \ , r N . ,—. © n , � a. ct % ' a �� ° tzy A NI 4 k , oU 0 Nt O `e D h 1 CD CAD OMAHA DOWNTOWN IMPROVEMENT DISTRICT WRITTEN PROTESTS TO: Omaha City Council FROM: Property Owners within;the proposed Omaha Downtown Improvement District (the "BID") DATE: June 27, 2006 Attached are responses to a survey sent to owners within the Business Improvement District asking them if they are for or against the Business Improvement District ("BID ): 7Z voted "No", printed their name and executed the statement S2 voted "Yes". 27.E The attached constitutes written protests made by2230 property owners within the BID opposing the formation of the BID. This constitutes record owners of over 50% of the accessible units in the proposed district and therefore, under Section 19-4027 of the Nebraska Revised Statutes, the proceedings should terminate. • HT a.) w W at 'al U 4 N L —, 00 Gq U a) ; cd — p U 5 oQ 0W U tea" Ni a..) 2 o Ct� E N 7 �o � W N0 O_ o o a' U a� Z a, Q ati • I t , 4 ' • TODD SIMON RECEIVED OMAHA STEAKS 11030 "O" STREET 06 JUL _3 AM 10: 0 I OMAHA, NEBRASKA 68137 *Pie _c, OMAHA, a•!ERRA 4 Members of the Omaha City Council June 30, 2006 C/o Mr. Warren Weaver LC-1, Omaha/Douglas Civic Center 1819 Farnam Street Omaha,NE 68183 Dear Omaha City Council Members: I am writing this letter to inform you of my support for the new Omaha Downtown Improvement District(DID). I am a property owner within the DID boundaries. I own two buildings: one at.112 South l i'`' Street, another at 1110 Douglas Street. Downtown Omaha has grown significantly over the past decade with nearly $2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet,with all of this growth, there is a great need for additional services and improvements within Downtown Omaha—services and improvements that the City of Omaha simply cannot provide. In addition, downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire;,downtown and,potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. I believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. TO I urge you to support the DID. It will further enhance the investment that have in Downtown Omaha. 1':T Best re. o ')3 ?:: _t_,.. . j tom;; �..,..-......_ d r Simon 1.08BYISi._..,.._. • Itiy DIST RECEIVED DI T.#4.__ -•" 06 JUN 23 All 3: 0 i ` IST.0_� DI ST. f �- CH.OF STAFF_„_._ 01 a" S ti<''s CI CLERK_LOBB ! � MIST__ I_.�� June 22,2006 j(� Jih 28 'C5 Members of the City of Omaha City Council Omaha/Douglas Civic Center TIME 0,444 6 r 1819 Farnam Street Omaha,NE 68183 Ladies and Gentlemen: I am writing this letter to inform you of my support for the new Omaha Downtown Improvement District(DID). I am a Real Estate Business owner of Urban Omaha located at 517 South 13th Street. Downtown Omaha has grown significantly over the past decade with nearly $2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha simply cannot provide. In addition,downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and,potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. I believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. I urge you to support the DID. It will further enhance the investment that we all have in Downtown Omaha. Be regards, (6,2 AK__ Tasha Henninger rban.Omaha, Owner AIL f M�S TO D Ji/'". RECEIVED DIST#.;i� _ CFI.OF STAFF Dist#6 �: -rf, i,Css; STAFF i � �i � " CITY LER't__....._ g� ` '3 a LO68YIST..,,_—.,__.= June 22,2006 Ji ,; 2.8 '05 Members of the City of Omaha City Council Omaha/Douglas Civic Center TIME 8"yU th,, ,¢7 1819 Farnam Street Omaha,NE 68183 Ladies and Gentlemen: I am writing this letter to inform you of my support for the new Omaha Downtown Improvement District(DID). I am a Real Estate Business owner of Urban Omaha located at 517 South 13th Street. Downtown Omaha has grown significantly over the past decade with nearly$2 billion in new construction. Downtown is full of activity and growing with new businesses. The Qwest Center Omaha is attracting more residents and visitors to our downtown and new downtown living opportunities are on the rise. ' Yet with all of this growth there is a great need for additional services and improvements within Downtown Omaha, services and improvements that the City of Omaha simply cannot provide. In addition,downtown property and business owners need increased advocacy, a single voice that represents their interests in public policy and other matters. I The DID will be a special assessment district to provide funding that enables downtown property and business owners to explore and implement a variety of enhanced services, improvements and projects that benefit the entire downtown and,potentially, specific areas within the downtown. The DID will also provide representation for downtown property and business owners above and beyond what exists now. I believe that we must now do what hundreds of other downtowns have done throughout the United States and get our own DID up and running. I urge you to support the DID. It will further enhance the investment that we all have in Downtown Omaha. est regards, i i G'C.G�i1 J nnifer Hellman rban Omaha, Owner rn Q a `' bpi . � dn z c (� l3 b um u t�i V. o g o i g. Iv i �� tit C ' U � N a r Yp vS" _oo g a\ .. 1 Nt,t � 1 ? gip � cp . , < \ X \ 0 (,.:,) 4 ,. . .) ,.f E, ,,z, „s ,. .,.. ,...., c,a 0 ct• o_.' 0 \--7\-- ,-i '-o 'Th M X t0 oZ c CN V) G' RECEIVED pis Omaha Downtown Improvement District 06 JUL —7 AM11 20 4 ,. _ DIST CH. SI OMAH �s..,m.,.e.. t ;IEBB1 aSK41 STAFF._ _ a_ CITY i;{..cMC— July 7, 2006 2j1.. 0 7 '05 IMF VIA MESSENGER Members of the City of Omaha City Council Omaha/Douglas Civic Center 1819 Farnam Street Omaha,NE 68183 Re: Omaha Downtown Improvement District Dear Councilmembers: During the June 27, 2006 Public Hearing of the City Council regarding the proposed Downtown Improvement District, you asked several questions and made a number of suggestions concerning the recommendations presented by the District's organizing committee for the formation of the District. The purpose of this letter is to describe the revisions and supplements to those recommendations that the committee wishes to present for your consideration in response to your questions and suggestions. In particular, there was discussion during the Public Hearing about the proposed special assessment formula, the District's proposed system of governance and how residents might participate, and the specifics of the District's recommended scope of work. With respect to the special assessment formula, the Resolution of Intent that will be before you during the July 11, 2006 City Council meeting now identifies a special assessment procedure that phases in the incremental taxable valuation of the District's properties during each year after the District's first year. Once this revised procedure is in effect, special assessment levies will be linked to taxable valuation increases that occur after the District's formation and the implementation of its programs and projects. Moreover, under the revised procedure the "valuation adjustment" or "cap" feature of the original recommendations will phase out as incremental valuations supplant the first year's base valuation for levy purposes. The Resolution of Intent now expressly includes provision for the District's system of governance, including the meaningful representation of persons residing within the District. The ordinance establishing the District evidently is the appropriate vehicle for more detailed language regarding District governance, but we do wish to present for your consideration our specific governance proposal. We propose a three-tiered system based on the City of Lincoln's model: (1) City Council, (2) the mayor-appointed board, as state law requires, and (3) a representative entity or "Board" to actually run the District under contract with the City. The District would 4812-5175-8849.1 have four geographic sectors (for instance, the Old Market would be one), with two Board members to be elected by nonresidential propertyowners from each sector to three-year terms. Five District residents and five District business owners will be elected at-large to three year terms by District residents (both owners and tenants) and District business owners (both owners and tenants), respectively. To the extent not otherwise elected, the top five assessment-payors will receive one seat each on the Board, and propertyowners taken as a group are to have at least a simple majority of Board seats. Finally, there would be ex officio seats for,the City and for key Downtown organizations, such as DOI, OMBA, BOMA, the Chamber of Commerce, the Convention and Visitors Bureau and the Residents Association. The Board would elect its own Chairman and other officers, and have the power to create an Executive Committee and other committees subject to overall Board oversight. From among the several projects and programs identified by the Resolution of Intent as work that the District might someday perform, we are specifically recommending for the consideration of the City Council and of the new representative Board: (i) a first-year $200,000 budget primarily for Enhanced Maintenance and a Tree Preservation and Replanting Program to address a significant existing problem, and (ii) a first-year $50,000 budget for the development and implementation of a comprehensive and interactive Downtown Omaha website, as the central focus for communications with and among all users of Downtown Omaha, and for public advocacy of Downtown Omaha's business, residential, shopping and entertainment attributes. Attached to this letter is our detailed recommendation for the District's first year scope of work. On behalf of the volunteers comprising the District's organizing committee, thank you very much for all of the time and effort that you have put into evaluating our recommendations for the formation of the District. We are endeavoring to create an efficient, progressive tool and resource for the continued development of Downtown Omaha. We have tried very hard to be responsive to the interests of the Downtown community and in that spirit commend to your attention these further revisions and supplements to our recommendations. Please do not hesitate to contact me (346-6000) or any other member of the organizing committee with your further questions. Sincer yours, Curtis L. C ste sen Chairman cas 4812-5175-8849.1 Downtown Improvement District First Year Scope of Work Maintenance and Cleaning — 80% - $200,000 1) Tree Preservation and Replanting Program—Remove damaged or dead trees within the DID boundaries and establish a long-term program to ensure that trees survive in Omaha's urban environment. a) Map all tree locations in public areas within the DID boundaries. b) Establish a list of tree varieties that can survive in an urban environment along with a tree care program to be cooperatively managed by the DID and the City of Omaha(watering, fertilizing, etc.). c) Identify trees that must be replaced and schedule their removal with the City Arborist (City of Omaha responsibility). d) Contract for removal of stumps (private vendor). e) Contract for replacement of trees (private vendor). Apply for grant money to replace trees with remainder coming from DID funds. 2) Enhanced Maintenance—Provided on a limited basis, emphasizing all areas of downtown including litter pick-up, graffiti removal, and spot cleaning. a) Map all public areas within the DID boundaries, showing hotspots for maintenance. b) Coordinate increased maintenance program with City of Omaha Parks Department and Public Works to increase the level of maintenance throughout the DID. c) Target alley maintenance if budget allows. d) Explore the use of City of Omaha maintenance equipment as in-kind payment for use within DID boundaries. Communications and Public Relations — 20% - $50,000 1) Downtown Website—Develop a website that becomes a primary communications and resource tool for all stakeholders within the DID and visitors using the downtown area. Information should include: a) Contact information for all downtown resources—City of Omaha, Douglas County and related services. Also includes instructions for specific types of services desired, i.e. getting a building permit, reporting properties that are not up to code. b) Information about area attractions within and surrounding the DID—Qwest Center,Holland Performing Arts Center, etc., with links to websites. c) A comprehensive schedule of all downtown area events, conventions and other activities. 4812-5175-8849.1 d) Information about new developments in the downtown area. e) A listing of all downtown area businesses including contacts and a link to their website if desired. f) A listing of all downtown area hotels and restaurants including a link to their website if desired. g) Mapquest or Google oriented maps of the downtown area showing parking, restaurants, hotels, and area attractions. h) Related links to other websites or articles of interest to downtown stakeholders. i) A monthly email newsletter for downtown area stakeholders. 3) Public Relations—Develop a public relations campaign that provides current, affirmative information about Downtown Omaha to the general public. a) Develop a series of news stories related to Downtown Omahas growth as a business and residential district. b) Be an advocate for Downtown Omaha and be prepared to answer questions from the media about issues that concern the downtown area. 4) Explore Implementation of Downtown Amenities—Work with the City of Omaha to encourage the completion of pending capital projects. a) Work with the City of Omaha to advance the implementation of a Downtown directional signage program. b) Work with the City of Omaha and other organizations to advance the redevelopment of the Central Park Mall. 4812-5175-8849.1 .1 b fl: . j CD CDA' R. ^, o —, - K na Z p ° d O • g :t1 o .. o n th ° d qq c � 3�'�CI riJ. t-z 3 \'*) N EN 1 R' .., ' : 'Th g h\L , , . ,_, , ci) CD CD lU • 1 ` 6,3 Ott 9.2006 E �. !•07. McGeouth101st tre '\\\" 7 2919 South l0I st Street ) . .OMAl1A DAILY HERALD.FOUNDED l865 Omaha NE681242622 OMAHA DAILY WORLD FOUNDED BY GILBERT M. HITCHCOCH 1885 OMAHA WORLD-HERALD FIRST PUBLISHED JULY 10, 1889 ■ 4 0 e $un 1e d IN COTTSCIIALK,Pabishc� fLe4J.e. 'rbs s LAHRY KINC,EUTUHIIIIE,I(NI.CEITNEII SIMMONS.Editorial Pogo Editor. _ Vr Or ft e s' /(i MIKE HBILLY,Managing EAllor O Y �/ .rt! t. O O w M T psrN Take time'to do it right f 1f If if �� 4- 41Io K1 to The Omaha City City Condon Lion;.at.a minimum, 0 N� y �� 1 �� Council will should require a.com- D should hold off. RQ vt�• �/ N renew consid- mop and single rate to �0 w� eration of the serious- and fil •.. be applied'on every H Kr create ly flawed plan to key problems property equally T 14 C Q I a !� create a new tax Fora with gm and fairly. I� downtown Business proposal. : The council should �� D 0 e S Improvement District : also cleanse the pro- 14. 144 I I / N (BID)Tuesday. ' posal of•its vague purposes.For ex-' a O kV We earlier pointed out several ample, the proposal should be Imo+ problems with the plan, including stripped of the concept that the 10Tv large tax inequities,lack of benefit .BID should pay for activities such• ' 4 He equal to new taxes forced upon as .advertising and promotion businesses, and a non-representa- whose cost should' rightfully be • tive governance structure. borne by the benefited property Since the council tabled the mat- owner. (402)39144060 ter two weeks ago,no real progress Finally,some opponents have ex- • has been made, but two changes pressed alarm that big business in- . will be offered in an amendment. terests control what happens in the One change would cap the district's smaller business neighborhoods, spending at$300,000 annually for such as the Old Market.These ob= the first five years. • jections stem from the fact that the . The second change,a tax scheme proponents purposefully Created a developed by Councilman Jim Vok- large boundary for the district so al, is only smoke and mirrors. It they could capture a sufficiently ' does not eliminate current pro- large tax base to squeeze out objec- posed tax inequities and in fact tions of smaller opponents. would add more inequity. Atve its One solution is to form perhaps meatworst,it could even derail develop- four to six smaller districts to en- meat of Heim housing in the down- sate gdvernance that could be withwn by hammeringit new projects tax trusted and operated by smaller an unfair and unequal BID tax burden.A case in point is the Wall and more homogenous parts of.the Street Tower on the former Union downtown. Pacific Building site.New residen- Another approach would be to es- tial construction would be taxed tablish sub-areas within the huge more heavily than any other prop- boundary wherein smaller neigh- eL•ty. • borhoods inside the district would Such a skewed approach to fax control initiation and payment for policy would provide a poor Capital projects in their area. 1, CD long-term strategy for the down- Both of these suggestions are Uf town. worthy solutions to two of the four It is indefensible public policy to big issues—tax equity and gover- 1— create a tax that,on its face,is not nance. .. - — • levied uniformly and fairly. The There should be no rush to deci- - current proposal gives outright tax sion. We have listened to.propo- __ _ exemption and reduced rates to a nents and opponents of this plan. --- ;. handful of owners.Portions of the We believe BIDs are useful.At is- '_. . r? C::: assessed valuation on Union Pacif- sue Tuesday is the unfair and un- o is Railroad, First National Bank equal tax policy and vague - J1 • and Qwest Communications prop- purposes of the proposed plan. erties escape tax altogether. ' -The council would exhibit wise Proponents rationalize that taller 'judgment if it steps hack and fixes buildings do not get as much"bene- the problems.That approach would fit."Using that logic,Omaha home be in the best tradition of a commu-, . owners with second stories should' nity that works together on public pay less than single-story owners policy.Council members asdwould • because only the first floor gets the err severely%.if they rush to ap- benefit of snow and garbage re- prove Such a complex proposal be- moval. • fore its full ramifications are Union Pacific and First National properly understood. Bank have a representative sitting Omaha is in turmoil today from on the BID board that designed and legislative arrogance applied at the ' supports this exemption. Qwest's Chamber eleventh hour to its.school system.: top executive chairs the Chamber The legislative term for the City of Commerce board whose staff Council,in contrast,is not about to lobbyist cast the decisive vote for end.Omaha has time to do this well moving the flawed plan out of the Planning Board to the City Council. and avoid further divisiveness. The Chamber's involvement is in- Failing to.do so would carry' explicable—a citywide association far-reaching detrimental copse, of business advocating a discrimi- quences. . natory business tax? The cham- Great cities do good things- bet's recent statement that it is well. Omaha should not legislate prepared to work with anyone on a unfair tax policy because of frus- compromise rings hollow when eration or mayoral politics. Pa- chamber management was com- tience and goodwill can build an plicit in creating the problems in enduring consensus resulting in a the first place. BID based on reasoned public poli • - All this can yet be corrected. cy,with the tax burden applied un- . Council support for added taxa- iform}y. r...) 'TA.k rz, --, .. o E4). N ;274C) 04, t pc?, , r-- CD< hP1, C.) !� w 2 l^l r.t n p t 1--1 ( a szl 8 4 c.c) . p M VIN 1 1 r 4 ii ALL WS � r0, Parking Management & Consultants GIST.it 'el. 213 Service Life Building Omaha, Nebraska 68102 D Telephone 4Q2 346-1700 DIST.#4 DIST.#5 �_. :( .r:NSV\ July 10, 2006 DIST.a;`f�. __mt..._ '� OVA# i;� rDah`We CFI.OF STAI-rlch,President STAFF Omaha City Council CITY CLERK_ 1-7 --- Cit County Bldg LOBBYIST Y Omaha,NE 68183 11 '06 Re: BID Downtown TIME 5)kwt t Dear Mr. Welch: At the last Council meeting all of you seemed somewhat on the fence as to whether or not to approve the Bid for Downtown Omaha and looked for a compromise. I think the BID for the entire downtown fails legally for the following reasons: 1. Sec. 19-4017.01(1) limits persons entitled to protest to fee owners and contract purchasers of assessed real estate in the area. 2. There is no provision for using value of lots to determine the 51%. Sec. 19- 4017.01 (2) allows front footage or square footage or other equivalent footage as the determination. This is confirmed in Lodge 227 v Lincoln, 212 Neb 236, 322 N.W. 419 (1982). Over 51% have protested. 3. According to Easley v Lincoln 21 Neb. 450, 330 N.W. 2d 130 (1983) public property and property owned by non-profit corporations not on,the regular tax roles can be specially assessed for the money used for the BID in which they fall. The statutes do not seem to allow public or nonprofit entities notice or right to protest. In short the assessed property owners in the BID are the only ones who can make up the 51% and the 51% must be determined by footage not value. I realize that the City is willing to kick in $50,000 per year. However all lots must be evenly assessed. This would mean 48 Cent a$1,000.00 on the Three Hundred Million Dollar Qwest Center would bring in $150,000.00 a year alone. This would make the tax payers in the entire City pay for expenses in the BID. Under these circumstances I think it would far better for the City to simply appropriate funds each year for whatever is deemed needed in thearea. My request is that you kill the BID altogether. Yours truly, • a9ames H. Monahan, President JHM/sf CC: All Councilmen ALL CM'Sp� CY • DST. CliST ,.il,J2.tiJ 06 JUL I i AM 8• 5 i LAUGHLIN, PETERSON & LANG 0;5T.# ATTORNEYS AT LAW JIST. 11718 NICHOLAS STREET,SUITE 101 CH.OF STAFF! C I i 1 v L a:. =tci OMAHA,NEBRASKA 68154 STAFF (402)330-1900 CITY CLERK�._. E OMAHA, NEBRASKA FAX(402)330-0936 LOB.J I5T,..,.�.,s...— . 11 '06 July 10, 2006 TEME Mr. Dan Welch Omaha City Council 1819 Farnam Street, Suite LC-1 Omaha,NE 68181 Re: Downtown Omaha Improvement District Dear Councilman Welch: This office represents a group of property owners within the boundaries of the proposed Downtown Improvement District who are opposed to the present proposed BID. One of'the reasons many of these property owners are opposed to the BID is that the BID plan/resolution does not specifically set forth the improvements and activities that are to be performed by the BID. Section 19-4024(3) of the Nebraska Revised Statute requires that the BID plan/resolution set forth the "... proposed public facilities and improvements to be made or maintained within any such district." The plan/resolution merely states many of the powers a BID may have under the statute but does not specifically set forth what improvements and activities the particular BID will address. In Foot Clinic, Inc. v. The City of Hastings, 254 Neb. 792, 580 N.W.2d 81,the Nebraska Supreme Court,in addressing a BID that was adopted by the Hastings City Council with language similar to the language being utilized in the present BID, determined that the BID failed to properly set forth the proposed improvements and as a result the creation of the BID was improper. Not only do many of the property owners within the district believe that the proposed BID is not sufficiently definite as to what it intends to perform, the law supports their position on this matter and requires that the BID plan/resolution be more specific as to its intended improvements and activities so that a property owner within the district can determine whether or not it is appropriate. I have also provided this case to the City Attorney. I wanted to provide this to you prior to the meeting. We understand that this a difficult issue and we appreciate the attention that the City Council has given to both sides in regard to this matter. 1$ lir Mr. Dan Welch Omaha City Council July 10, 2006 Page Two If you have any questions or need any additional information from me, please let me know. Sincerely, For the Firm J" fp . s _ ang JEL:br { i 1 N > , I , - c - o .o k e �, krrn 0' o \ o IZN\ 4Q. rn 0 CJ a • ,zi 4 i '' t) A '. w Q o F 0 \\ z41..,,,o. *T.k, 0, - ri . ,, , . 0 , p, ' ? F tdC� 1 , d d O Rt � c� ° a. 0' OMAHA DOWNTOWN IMPROVEMENT DISTRICT WRITTEN PROTESTS TO: Omaha City Council FROM: Property Owners within the proposed Omaha Downtown Improvement District (the "BID") DATE: August 29, 2006 The following are the results of the survey from;the property owners within revised boundaries of the Business Improvement District asking if they are for or against the Business Improvement District ("BID"): 237 voted "No", printed their name and executed the statement 33 voted"Yes". The submitted written protests made by 23Vproperty owners within the BID opposing the formation of the BID. This constitutes record owners of over 50% of the accessible units in the proposed district and therefore, under Section 19-4027 of the Nebraska Revised Statutes, the proceedings should terminate. r r f City Clerk City of Omaha 1819 Famam Street Omaha,NE 68183 PETITION IN OPPOSITION TO ESTABLISMENT OF DOWNTOWN;BUSINESS IMPROVEMENT DISTRICT The undersigned are owners of real property within the boundary of the proposed downtown business improvement district as described in the notice of the proposed "Resolution of Intention to establish the Business Improvement District No. 6874"(the "BID"). Pursuant to Section 19-4027 of the Revised Statutes of Nebraska, the undersigned hereby protests and opposes adoption of said resolution and the establishment of the BID. Property Address: 1314 Douglas Street Parcel Number: 0310190000 Property Owner: Douglas Building, LLC ?p Signature of Owner/Representative: Name of Owner/Representative: Terry J. Kroeger, Managing Member Date: August 28, 2006 1 • City Clerk City of Omaha 1819 Farnam Street Omaha,NE 68183 PETITION IN OPPOSITION TO ESTABLISMENT OF DOWNTOWN BUSINESS IMPROVEMENT DISTRICT The undersigned are owners of real property within the boundary of the proposed downtown business improvement district as described in the notice of the proposed "Resolution of Intention to establish the Business Improvement District No. 6874"(the "BID"). Pursuant to Section 19-4027 of the Revised Statutes of Nebraska, the undersigned hereby protests and opposes adoption of said resolution and;the establishment of the BID. Property Address: 1334 Dodge Street Parcel Number: 0308320000 Property Owner: Omaha World-Herald Company(former World Publishing Company) Signature of Representative: /lbV( Name of Representative: Terry J. Kroeger, President and COO Date: August 28, 2006 ~ dam C h 0 Cri w 5 Crn n o rn � � i . ; v Q• o . J ..i UQ nC Fr tz CD" o cn P w 0 H. cc) INTEROFFICE MEMORANDUM Law Department DATE: July 10, 2006 TO: President and Members of the City Council • FROM: Bernard J. in den Bosch, Assistant City Attorney Buster Brown, City Clerk SUBJECT: Written Protests—Downtown Business Improvement District During the public hearing of the Resolution of Intention to create a business improvement district (BID No. 6874) on June 27, 2006, numerous written protests were filed with the City Council. After the conclusion of the public hearing, it is necessary to determine whether or not the written protests were sufficient under Neb. Rev. Stat. § 19-4027 to terminate the proceedings. The written protests were in the nature of petitions in addition to signed postcards. It should be noted that there was duplication between some of those individuals signing petitions and the postcards that were submitted. Upon receipt of the written protests, they were forwarded to the City Clerk and the City Attorney to evaluate. The first step in the evaluation process was to secure a data base from the Douglas County Assessor which included a list of all of the parcels within the Downtown Business Improvement District. Contrary to the testimony of Mr. Boyle at the hearing, not all public property has been appraised by the Douglas County Assessor. State statutes require that the Assessor assess public property when it is used for private use. Therefore, the great majority of public buildings have not been assessed and no value has been determined. The first step in determining the adequacy of the protest was to determine the nature in which to do the calculation. Neb.Rev.Stat. § 19-4027 states, "If a special assessment is to be used, proceedings shall terminate if written protest is made prior to the close of the hearing by the record owners of over fifty percent of the assessable units in the proposed district." As the Council is aware, the Resolution of Intention contemplates that special assessment will be the method utilized should the Downtown Business Improvement District be created. Those submitting the protests argued that in determining the sufficiency of the protests, one should only evaluate ownership of parcels. Presumably they make this argument based on North Star Lodge No. 227 v. the City of Lincoln, 212 Neb. 236 (1982). In this decision, the Supreme Court recognized because the term assessable unit was not defined that the best unit for determining protests was the number of property owners. In response to this decision, in 1983 the legislature amended the Business Improvement 1% District Act and defined assessable units as "Assessable Units shall mean front foot, square foot, President and Members of the City Council July 10, 2006 Page 2 equivalent front foot, or other unit of assessment established under the proposed method of assessment set forth in the Resolution of Intention to create a Business Improvement District." As a result of this language and the legislative history thereto, it is pretty clear that the legislature intended that written protests should be determined based on looking at the units used in whatever assessment methodology that is contemplated. In this instance, assessed value is the assessment unit that is to be used. Therefore, it is our belief that in order for a written protest to be sufficient, the written protest must create 50% of the assessed value. In doing our calculations in determining the sufficiency of the written protest, we have made several assumptions. First, under the proposed assessment formula only the first $25 million will be assessed at full value; the next $25 million is assessed at half value and everything over $50 million is not assessed, we did not include any assessed value over $50 million dollars. For those properties with a value of between$25 and $50 million, the amount of assessed value is split in half and added to the $25 million to determine the total assessed value of that parcel. Further, in viewing many of the written protests, they involve residential condominium units. The parcel number identified on the postcard with the protest only utilized one of the parcel numbers. That parcel number tended to be the lower of the two parcel numbers for that particular unit and was the base valuation for tax increment financing. In order to ensure that opposition was given proper credit, we considered that protest to be a written protest of all assessment for that unit. We have also made this adjustment for non-residential units as wells. Further, due the amount of valuation of the residential units and the difficulty in determining what was residential or not, residential units were given a full assessment in determining their assessments in the district. In looking at many of the corporations, companies, limited liability companies, and partnerships that signed either cards or protest petitions opposing the BID, we have assumed the validity and authority of all parties exercising a protest. Thus, any parcel number that was signed by an individual on behalf of any corporate entity in opposition was calculated as a valid written protest. Further, since none of the public used buildings were valued, and because it is contemplated that they will not be assessed, no credit was given for any potential valuation of those buildings. In addition, Union Pacific Railroad Company is centrally assessed. Therefore, their property is not assessed individually by the Douglas County Assessor. There was no opposition by Union Pacific, rather, Union Pacific is represented on the Board promoting the plan. However, because of the lack of assessment of Union Pacific, their assessment was not included in the assessment for the district in any form. As a result of a lengthy review by both the City Clerk's Office and the Law Department, it was determined that the written protest filed in this case was insufficient to meet the 50% required by Neb. Rev. Stat. § 19-4027. The total amount of assessed valuation for purposes of the calculation was in excess of Seven Hundred Sixty Four Million Dollars ($764,000,000). The written protest represented valuation of Eighty-Six Million, Six Hundred Twenty-Three Thousand, Five Hundred Dollars ($86,623,500). We therefore determined that the written • protests represent approximately 11.31% of the assessed valuation in the,Downtown Business President and Members of the City Council July 10, 2006 Page 3 Improvement District. We did not consider 6 parcels of property in the packet of residential protests and 19 parcels of property in the packet of commercial protests because the property was outside the boundaries of the Improvement District. Interestingly, one of the things that was expressed throughout wT s a feeling that the assessed valuation was concentrated in the hands of a few parties. in reviewing the data provided by the Douglas County Assessor, there was were five properties that were assessed over Twenty-Five Million Dollars ($25,000,000). This represented approximately One Hundred Sixty-Eight Million ($168,000,000) of the adjusted assessed value,assuming that one should not be given credit for any value over $50 million. This represented approximately 22% of the valuation within the downtown. If you wish to discuss this further, or have any additional questions, we will be more than happy to answer the same. Respectfully submitted, c.L2=,,S Bernard J. in den Bosch Assistant City Attorney L / Buster Brown City Clerk P:\BERNARD\PLANNING\DBID\070606 Memo to City Council.doc • ivI ' o '` m o C7 N �(� n " C N � O O C7 CZ n , 0 �a 'f �' 4� � O °� . co � � , i. 1a � g o \ A n � % - Is- CD b `. q� F\ fa. 0 1 Rpr -ter \'r,, f i INTER-OFFICE COMMUNICATION ' ` 05 JUL 10 pm 0= I July 10, 2006 hr.4 H TO: Councilmembers and Council Staff FROM: R ustin, Council Staff AssistarriCOL SUBJECT: Downtown BID —Jerry Slusky—Agenda Item #48 An e-mail was received this morning from Jerry Slusky concerning the Vokal amendment to the Downtown BID. A copy of the talking points offered by Nicholas A. Coleman to Mr. Slusky concerning the Vokal amendment is attached for your review. Mr. Slusky indicates that he has been in contact with some of you, to include Mr. Vokal, this past weekend on this matter. Mr. Slusky will be at the 10:30 a:m. Pre-Council meeting to offer additional comments on this issue. RA/wl Attachment c: City Clerk Council Staff AGENDA ITEM #48 • District Proposed DowntownImprovement Issues with the Vokal Amendment 1. "Fair and Equitable" a. Council has power to determine if fair and equitable. Neb. Rev.1Stat. §19-4024. b. Amendment places greatest burden on new developments and those creating new value. c. Amount of special assessment cannot exceed the amount of benefit conferred. See Brown v. City of York, 416 N.W.2d 574 (Neb. 1987). 2. Counter-productive a. Makes Already High Land Values Cost More b. Examples of Recent New Development Projects i. 2 new hotels in NoDo ii. Numerous new condominium complexes iii. All financed with TIF c. Creates a disincentive to reinvest and improve existing property d. Creates a disincentive to develop in Downtown area Issues with the Business Plan 1. Too Broad a. Large Area to cover b. Many diverse districts c. Limited Funds d. Cannot equally benefit every property owner in this area 2. Too Vague a. A Concept or A Plan? b. Imprecise description of what BID will actually accomplish i. Previous Successful BIDs in Omaha ii. Specific goal and purpose iii. Small area- majority support c. Cannot provide proposed services to all areas of BID d. Different areas of BID require different services Example- The Old Market and other destination locations would greatly benefit from cleaner streets and increased marketing efforts, but these actions would only minimally benefit the area North of Dodge Street and West of 10th Street, if at all. 3. Diversity of needs in the area makes current concept untenable a. Trying to cover a large and diverse area with limited funds and direction. b. Difficult to judge the effectiveness and success of the BID Proposed Solutions 1. Limit the area covered a. Decreases diversity of need b. Focus on accomplishing smaller goals c. Requires fewer funds to be successful 2. Well defined Business Plan a. Set specific goals and give BID a definitive purpose b. Allows Council and Public to see that it is a success c. Ensures that everyone who is subject to special assessment knows that they will be benefited and what that benefit will be. • la { , Cr, • N n 1ru fV k , , ko •� �~ S c g �D v ..r , OR. � cp N \' .O O C7 - �' , Pll ‘. 1 1 i 1 ..N, Ni e5 r , a oo do O rii'� g, N ' ' te• sm- O to �i�\ o c. . 1.il4. O Q (7 • BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY, NEBRASKA • Resolved: WI-IEREAS, there is a proposal pending before the Omaha City Council to form a Business Improvement District in a portion of downtown Omaha, approximately from the Missouri River to 20th Street and between Leavenworth Street and Interstate 480; and, WHEREAS, creation of the proposed district would necessitate the imposition of a tax on downtown residents and business that are located therein; and, WHEREAS, Douglas County would be expected to contribute finds to the proposed district, NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COUNTY COMMISSIONERS, DOUGLAS COUNTY, NEBRASKA, that this Board hereby opposes the contribution of public funds to the proposed Business Improvement District in downtown Omaha. DATED this l lthday of July, 2006. • Motion by Maxwell to approve, second by McCallister. I move the adoption of the resolution. YEAS: Borgeson, Boyle, Duda, Maxwell, McCallister, Rodgers, Hutchings ADOPTED: July 11, 2006 U (C ,RTI OF' z cco gas County 91- o • Certified copies to: C/mmissioners, maha City Council BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY, NEBRASKA Resolved: WHEREAS, there is a proposal pending before the Omaha City Council to form a Business Improvement District in a portion of downtown Omaha, approximately from the Missouri River to 20th Street and between Leavenworth Street and Interstate 480; and, WHEREAS, creation of the proposed district would necessitate the imposition of a tax on downtown residents and business that are located therein; and, WHEREAS,Douglas County would be expected to contribute funds to the proposed district, NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COUNTY COMMISSIONERS, DOUGLAS COUNTY, NEBRASKA, that this Board hereby opposes the contribution of public funds to the proposed Business Improvement District in downtown Omaha. DATED this 11 thday of July, 2006. Motion by Maxwell to approve, second by McCallister. I move the.adoption of the resolution. YEAS: Borgeson, Boyle, Duda, Maxwell, McCallister, Rodgers, Hutchings ADOPTED: July 11, 2006 D � va) O � -0 (CER IF —retic) my AIL _, ,.. ouglas COu- C - 0 0 Certified copies t' Commission:rs, Omaha City Council °' • - > o ? 0 ? 7 ° c m ?n § \. " 0 C� " §. � ? ° � .00 ° 2 CT ch 0 ] , f 1 ' 1. j §. / 0 \ \, EA ?rD ~,� \ 0 q ? � m 0 n \ . &` g a ¢ A 2 cil \ � \ o 5' n 0 0 / 4 c _ INTER-OFFICE COMMUNICATION August 23, 2006 To: Councilmember Vokal g,From: Jim Dowding, Council Staff Assistant o Subject: Role of Downtown BIDs in Developing Downtown Master Plans As you requested, Staff looked into the roles of BID-based organizations in Lincoln, Denver and Kansas City in developing downtown master plans. In Lincoln and Denver, these organizations collaborated with their local governments on downtown master plan updates. Kansas City has not recently revised its downtown master plan; however, their BID is participating in development of a similar plan addressing specific issues in a neighborhood adjacent to downtown. <4Ccording, to the BID D rectors_interviewed,they believe that�BIDs—or--BID-based organizations are well-positioned as partners in master plan updates fur several`reasons, 'including 1)-'they have a track record of success fostering downtown growth and development; 2) they have strong relationships with business and civic leaders who contribute their leadership and vision to the plan; 3) they have staff who contribute support and organization to the effort; and 4) they may be able to generate supplemental funding for the effort. Lincoln and Denver's efforts are summarized briefly below: The Downtown Lincoln Association (DLA) contributed to an updated Downtown Master Plan completed in 2005. DLA organized a steering committee, provided staff support, and coordinated public input into the process. Additionally, they have assumed an implementation role, including evaluating the establishment of a Community Development Corporation to assist with downtown redevelopment. In Denver, the Downtown Denver Partnership (DDP) is currently partnering with the City, County and other civic groups in developing an updated downtown master plan known as the Downtown Denver Area Plan. DDP provides staff support, organization , (Ls. and funding to this effort. In addition, DDP representatives chair the steering committee and comprise one half of the executive committee. DDP previously participated in updates to the downtown master plan in 1986 and has contributed to several smaller- scope plans focusing on transportation issues or on other specific downtown issues. jd Council StaJ ' 1 1 d O• O co ,m `� O vo c N o C7 P rn a c) * 1 o. o ° � � -NJ ti o a' \ Er n .... o o O a O `� as 1 o CO s n -. C • • " TO '.;`1 ALL CM'S iv�. INTER-OFFICE COMMUNICATION DIS•T.'5' DISC'. QiS. ,r.). .. TO: JIM DOWDING,COUNCIL STAFF ASSISTANT DIS T.:=i _... l CH.OF STAFF r L FROM: P STEVE JENSEN,PLANNING DIRECTOR STAFi_. D SUBJECT: DOWNTOWN IMPROVEMENT DISTRICT AND DOWNTOWN MASTER PLAN CITY CLERK DATE: 8/18/2006 CC: COUNCILMEMBER VOKAL;PAUL LANDOW,CHIEF OF STAFF;PAUL KRATZ,CITY AUG 2 4 '0 ATTORNEY TIME The following discussion is in response to your request of August 29th on behalf of Councilmember Vokal regarding, 1) the relationship of a downtown master plan and a downtown business improvement district(BID),2) the cost and timeframe required to develop a downtown plan,and 3) the use of BID's to fund downtown plans. (A BID and downtown master plan are both inter-related and yet separate efforts. Both are typically,, 1done independently of one another._There is no requirement-that one be done in advance of the other, In fact, a BID could be used to help finance an update of the City's downtown master pan.- Conversely an updated downtown rnaster plan could contain an implementation strategy that calls- for the establishment or expansion of a BID. fn short, an updated downtown master plan is not apre,requisite for the creation,of a downtown, BID. The most important thing is that they do not work at cross purposes to one another. e City currently has an overall downtown master plan. Various elements of the City's comprehensive plan also provide general guidance regarding the purpose and function of the central business district. In addition, there are a number of area development plans and specific project plans that cover various portions of and projects in downtown. These plans are more general in nature than that which would be needed for a downtown BID. They do,however,provide a sufficient basis for developing a downtown BID to carry out specific projects within the downtown area. The fundamental difference between a downtown master plan and a downtown business improvement district plan is related to the level of detail required for each. A downtown master plan is by nature broad in scope while a BID study is much more detailed. A downtown master plan would include an analysis of the overall physical and socio-economic condition of the downtown area. It would spell out the strengths and weaknesses of downtown. A plan would identify opportunities for redevelopment and improvement as well as factors that threaten the health of the downtown area. It would help organize the connections between various areas of downtown and sort out the best locations for office, open space, retail, residential, entertainment,etc.Finally,a downtown plan would set out a vision for the future of downtown and a list of projects, actions and strategies needed to implement the plan. A downtown plan would stop short of identifying the costs associated with specific projects. That level of detail would require a more specific area development plan and/or project plan. 4 One possible implementation strategy might be the creation of a BID to help finance and carry out some of the projects or activities identified in the plan. However,that is where a downtown master plan would stop with regard to a business improvement district. At that point a separate,much more detailed study is needed to determine the projects or activities to be undertaken by a BID along with the boundaries, representation, structure, costs, and assessment associated with the project and the BID itself. Another reason that a BID study and downtown master plan should not be intertwined relates to the fact that a BID will change its activities and projects from time to time. If the activities of the BID were tied to a downtown plan,the entire plan would need to be revised every time a BID decided to undertake a different activity. Finally, a BID may take on efforts that are outside the scope of a downtown_plan. Activities such as events,special security services and advertising are seldom addressed in a downtown master plan. As I mentioned earlier it is always important that the activities of a BID are coordinated with the City's master plan and its various elements. In the case of the proposed downtown Omaha BID, there are many plans already in place that can serve as a guide to the creation and implementation of the proposed BID. As stated earlier, a new downtown plan is not needed before a BID can be formed. With that in mind, a question has been raised about the need to update to the City's downtown master plan. The current plan was developed in the mid-1970's. Together with a companion riverfront development plan the downtown plan has provided general guidance for nearly every major project undertaken in downtown over the last 30 years. However,the plan has begun to reach its limit for guiding further development in the downtown area. Although there are no funds currently allocated to undertake such an effort, in my opinion,the City would be wise to consider updating the downtown master plan in the next few years. The City of Omaha has made great strides in recent years and is a far different place than the city that existed when the current plan was created 30 years ago. An updated downtown master plan would provide the vision and direction needed to take Omaha's downtown to the next level. A variety of funding mechanisms could be used to pay for such a plan. If desired,a downtown BID could play a role in helping to finance a plan. Depending on the ultimate scope of the plan and process for its development, anticipate the�ffort would-cost-between$500;000--and-$750;0000 and take 18 - 24 months to complete. r- _ I have asked our staff to research the use of business improvement districts to help finance the development of downtown plans. Although I would expect that there are other examples,BID's in both Denver and Lincoln have helped finance and direct the development of new downtown master plans. I will let you know if the staff finds other examples. I hope this information will be useful to Councilmember Vokal in his deliberations regarding the downtown BID. If either of you have any questions,please let me know. 2 -0 — n -0 q k • hzi \ k \ g ? n 7 0 a J k ' o c (IQ E \ /. ? o R 9 9 � �\i * § j o NI § • 2 Ca. ° " ƒ O U) ® ° q ? g § \ 2 2 7 / � eo g ' � G \ \ � U §' _ n � E o a co . K ,/ I