City Council

December 15, 2012 CITY COUNCIL RETREAT Saturday, December 15, 2012 8:00 a.m. to 12:00 noon KEENE MEMORIAL LIBRARY 1030 NORTH BROAD 1st floor conference room F Fremont NE 68025 AGENDA 1. Meeting called to order 2. Roll call 3. Food & Beverage occupation tax 4. Business Improvement District 5. Annexation process 6. Park & Recreation planning 7. Adjournment Agenda posted at the Municipal Building on December 13, 2012 and online at www.fremontne.gov. Agenda distributed to the Mayor and City Council on December 13, 2012. The official current copy is available at City Hall, 400 East Military, City Clerk’s Office. The City Council reserves the right to go into Executive Session at any time. A copy of the Open Meeting Law is posted in the City Council Chambers for review by the public. The City of Fremont reserves the right to adjust the order of items on this agenda. A Primer  Neb. Statutes, Article 19, Section 19-4014 to 19-4038 authorize the creation of Business Improvement Districts  All Second Class Cities and higher are authorized under this statute to establish Business Improvement Districts  Benson Business Improvement District  Downtown Lincoln Association  Hastings Downtown Business Improvement District  Grand Island  South Locust  Far South Locust  Waukesha, WI  Shoreline, WI  Great Falls, MT  Downtown Denver  Downtown Boulder  (1) a special assessment upon the property within a business improvement district in the city or  (2) a general business license and occupation tax on businesses and users of space within a business improvement district  The acquisition, construction, maintenance, and operation of public offstreet parking facilities for the benefit of the district area;  Improvement of any public place or facility in the district area, including landscaping, physical improvements for decoration or security purposes, and plantings;  Construction or installation of pedestrian shopping malls or plazas, sidewalks or moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses and underpasses, and any useful or necessary public improvements;  Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the district area;  Creation and implementation of a plan for improving the general architectural design of public areas in the district;  The development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, in the district area;  Maintenance, repair, and reconstruction of any improvements or facilities authorized by the Business Improvement District Act;  Any other project or undertaking for the betterment of the public facilities in the district area, whether the project be capital or noncapital in nature;  Enforcement of parking regulations and the provision of security within the district area; and  Employing or contracting for personnel, including administrators for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act.  In 1997, City officials were approached by business and property owners interested in revitalization due to:  Deterioration of the area since the advent of the malls in the 1970s  Destruction caused by 7 tornadoes which ripped through the area in 1980  Change was needed – and soon! A $ 7.5 million street widening and beautification plan was developed, including:  Landscaping  Pedestrian Walkways  Pedestrian Lighting  The mayor, with the approval of the city council, shall appoint a business improvement district board  property owners, residents, business operators, or users of space within the business area to be improved.  The boundaries of the business area shall be declared by resolution of the city council at or prior to the time of the appointment of the board.  The board shall make recommendations to the city council for the establishment of a plan or plans for improvements in the business area.  The board may make recommendations to the city as to the use of any funds collected, and may administer such funds if so directed by the mayor and city council.  The board shall consist of five or more members to serve such terms as the city council, by resolution, determines. The mayor, with the approval of the city council, shall fill any vacancy for the term vacated. A board member may serve more than one term. The board shall select from its members a chairperson and a secretary.  Upon receiving the recommendation from the business improvement board, the city council, after receipt of recommendations from the planning commission if the city has a planning commission, may create one or more business improvement districts by adopting a resolution of intention to establish a district or districts. The resolution shall contain the following information:  A description of the boundaries of any proposed district;  The time and place of a hearing to be held by the city council to consider establishment of a district or districts;  The proposed public facilities and improvements to be made or maintained within any such district; and  The proposed or estimated costs for improvements and facilities within any district, and the method by which the revenue shall be raised. If a special assessment is proposed, the resolution also shall state the proposed method of assessment.  The notice of intention shall recite that the method of raising revenue shall be fair and equitable. In the use of a general occupation tax, the tax shall be based primarily on the square footage of the owner's and user's place of business. In the use of a special assessment, the assessment shall be based upon the special benefit to the property within the district.  A notice of hearing shall be given by  one publication of the resolution of intention in a newspaper of general circulation in the city and  mailing a complete copy of the resolution of intention to each owner of taxable property as shown on the latest tax rolls of the county treasurer for such county.  If an occupation tax is to be imposed, a copy of the resolution of intention shall also be mailed to each user of space in the proposed district.  Publication and mailing shall be completed at least ten days prior to the time of hearing.  In the event that the city council has not acted to call a hearing to create a district, it shall do so when presented with a petition signed by the record owners of thirty percent of the assessable front footage in a business area or by the users of thirty percent of space in a business area.  Whenever a hearing is held, the city council shall:  Hear all protests and receive evidence for or against the proposed action;  Rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and  Continue the hearing from time to time as the city council may deem necessary.  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.  If an occupation tax is to be used, proceedings shall terminate if protest is made by over fifty percent of the users of space in the proposed district.  The period of life for each district must be articulated.  If the city council decides to change the boundaries of the proposed district, the hearing shall be continued to a time at least fifteen days after such decision and the notice shall be given, showing the boundary amendments, but no new or additional resolution of intention shall be required.  The city council, following the hearing, may establish or reject any proposed district or districts. If the city council decides to establish any district, it shall adopt an ordinance to that effect. This ordinance shall contain the following information:  The number, date, and title of the resolution of intention pursuant to which it was adopted;  The time and place the hearing was held concerning the formation of such district;  A statement that a business improvement district has been established;  The purposes of the district, and the public improvements and facilities to be included in such district;  The description of the boundaries of such district;  A statement that the businesses and professions in the area established by the ordinance shall be subject to the general business occupation tax or that the real property in the area will be subject to the special assessment authorized by statutes;  The proposed method of assessment to be imposed within the district or the initial rate of the occupation tax to be imposed; and  Any penalties to be imposed for failure to pay the tax or special assessment. ANNEXATION A step by step process Authorization Neb. Revised Statute Section 16-117 “...the mayor and city council of a city of the first class may by ordinance at any time include within the corporate limits of such city any contiguous or adjacent lands, lots, tracts, streets, or highways as are urban or suburban in character and in such direction as may be deemed proper. Such grant of power shall not be construed as conferring power upon the mayor and city council to extend the limits of a city of the first class over any agricultural lands which are rural in character.”  Key Phrase Urban and Suburban in character Why? Promote orderly growth and expansion Increase the quality of life of residents within the city limits Promote the orderly provision of services in and around the community Process 1. Prepare Annexation Plan 1. Areas to annex 2. Services offered/To be extended 3. Costs of services to extend 4. Timeframe 2. Resolution of Intent – City Council 3. Notice of Planning Commission Public Hearing Process 4. Property Owner/SID Clerk Notification 5. Public Hearing – Planning Commission 6. School District notification 7. Notice of City Council Public Hearing 8. First reading of annexation ordinance 9. Public Hearing - City Council (2nd reading) Process 10. Third reading of ordinance 11. Effective 15 days after publication Approaches Reaction to growth Limited around the corporate boundary Limited in certain areas surrounding the city All areas that abut the city limits Next Steps Continue service plan development Industrial tract designation Council/PC study sessions Begin annexation process – Dec/Jan