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HomeMy WebLinkAboutResolution No. 4256, Declaring Intention to Re-create Extend Bozeman Downtown Business Improvement District.pdfRecreation/Extension of the Downtown Bozeman Business Improvement District Page 1 of 5 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney Stacy Ulmen, City Clerk Chris Kukulski, City Manager SUBJECT: Resolution No. 4256, a Resolution of Intent to Re-create/Extend the life of the Bozeman Downtown Business Improvement District in the City’s Downtown Area that expired May 15, 2010. MEETING DATE: May 24, 2010 AGENDA ITEM TYPE: Action RECOMMENDATION: That the City Commission adopt Resolution No. 4256, a Resolution of Intent to Re-create/Extend the Bozeman Downtown Business Improvement District, and set Monday, June 21, 2010 as the date of the public hearing for hearing and passing on protests and deciding on a final resolution for creation of the district. BACKGROUND: On May 15, 2000, the Bozeman Downtown Business Improvement District was created by Ordinance No. 1517. Pursuant to state law, the District expires on the 10-year anniversary of its creation. §7-12-1141, MCA. Now, numerous landowners in the district, in coordination with the Downtown Bozeman Partnership, express an interest in re-creating/extending the life of the Bozeman Downtown Business Improvement District, pursuant to the provisions of §7-12-1101, MCA, et seq., MCA. Purpose and Programs of the Downtown B.I.D.: The purpose of extending/recreating the District is to continue to aid in promoting the health, safety, prosperity, security, and general welfare of the inhabitants of the district and the people of Montana as well and to be of special benefit of the property within the boundaries of the district. The Downtown B.I.D.’s current mission statement is: MISSION STATEMENT: The downtown Bozeman Business Improvement District (BID) is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultural, social and 123 Recreation/Extension of the Downtown Bozeman Business Improvement District Page 2 of 5 environmental assets. The BID will work together to keep our downtown a safe, beautiful and vibrant place. Downtown B.I.D. monies support numerous programs including installation and maintenance of the summer flower baskets, holiday lighting, and a year-round maintenance employee. The BID also contributes funds to the Downtown Partnership for staffing and operating the Downtown Visitors Center. The 2009 Annual Report is attached to this staff report. According to the 2009 Annual Report, the Downtown B.I.D. was established to undertake a variety of “clean and safe” programs on behalf of the property owners in the downtown district and is comprised of downtown property owners that pay a voluntary assessment to fund large-scale improvement and beautification projects. The Downtown B.I.D employs staff to perform a variety of tasks associated with the following programs: Maintenance; Graffiti Removal; Flower Baskets; Holiday Decorations. The report also states that renewing the Downtown B.I.D will allow community to benefit from the continuation of the Downtown B.I.D programs that make downtown Bozeman the best in the state. The Maintenance, Graffiti Removal, Flower Basket, and Holiday Decoration Programs would continue to keep downtown clean, safe, beautiful and vibrant thus benefiting the business owners, property owners, visitors and the entire Bozeman community. Below are some interesting statistics demonstrating the quantity of work accomplished by the Downtown B.I.D in 2009. 850 Number of hours worked by BID maintenance staff 2550 Number of trash receptacles emptied 508 Number of graffiti tags removed 152 Number of flower baskets installed 135 Number of consecutive days flowers watered 20520 Number of flower baskets watered 100 Number of holiday decorations installed 380 Number of street lamp banners installed Chris Naumann, Director of the Downtown Bozeman Partnership, and primary staff person to the existing Downtown B.I.D. and its current Board of Trustees, will be present at your meeting on Monday night to discuss the current Downtown B.I.D. programs and budget and to answer any specific questions you may have regarding the expenditure of district funds. Boundaries of the District: The proposed boundary of the district is the boundary as shown on the Exhibit A to the Resolution (attached), which was included with each petition. The boundary is not proposed to change from the current district boundary. Recreation/Extension Process: Several legal steps will need to be followed to recreate/extend the Downtown B.I.D. First, the Commission must adopt the attached Resolution of Intent. Following adoption, the City Clerk will publish notice of the passage of the resolution of intent in a local newspaper as well as mail notices of the passage of the Resolution of Intent to each property owner. The notice must identify several important items, primary among those being the ability to protest the creation of the district. 124 Recreation/Extension of the Downtown Bozeman Business Improvement District Page 3 of 5 After a 15-day protest period has run (see discussion below) the Commission must “hear and pass upon all protests.” §7-12-1114(1), MCA. At that time, the Commission will, based on the protests and the Commission’s intent, adopt a final Resolution creating the district. If the Commission recreates/extends the district via Resolution, state law also requires adoption of an ordinance. §7-12-1121(1), MCA. The City Clerk and City Attorney will prepare the ordinance for your adoption within a very short time (e.g. one week) after the final resolution is adopted. Later this summer, after the ordinance becomes effective, the Downtown B.I.D. will present a work plan and budget for your approval. If you approve the work plan and budget, the Finance Department will assess the properties pursuant to the assessment method (see below). Petitions: Numerous owners of real property submitted petitions requesting the City Commission create a Business Improvement District for the City of Bozeman (hereinafter referred to as the “Bozeman Downtown B.I.D.”). Those petitions were received by the City Clerk on Wednesday, May 5th. The original petitions are located on file with the City Clerk. The City Attorney reviewed the individual petitions and informed the City Clerk’s Office that based on the content of the petitions and the information included on the spreadsheet provided by the Downtown Business Partnership, the owners of more than 60% of the area of the property proposed in the petition to be included in the Downtown BID signed a valid petition. Thus, the City Attorney verifies the owners have met the statutory threshold for recreating/extending the district as required by Sect. 7-12-1111, MCA as the petitions received to date were signed by owners of greater than 60% of the area of the area included in the district. Resolution of Intent: Attached to this memo is the Resolution of Intent. The Resolution generally speaks for itself; however, we’d like to specifically bring your attention to the manner in which the assessments are to be made. The proposed method of calculating the assessment is the same as the current practice and is not proposed to change. The Resolution states, at section 7: The petitioners understand that each lot or parcel of land which is owned by each Petitioner or the entity each Petitioner represents, including the improvements on the lot or parcel, will be assessed for that part of the whole cost of the proposed District that its taxable valuation bears to the total taxable valuation of the property of the proposed District all subject to the proposed budget for each year. The Resolution of Intent also contains a limitation on the increase in the amount of the annual assessments. The following is suggested by the Downtown B.I.D. Board as evidenced by their attached Resolution. The limitation would cap the total assessment at no more than $126,000 except by a favorable vote of more than 60% of the owners. Should the Commission approve the Resolution of Intent as written this limitation must be included in the final ordinance as the limitation could be an important consideration for property owners in determining whether to protest the recreation of the Downtown B.I.D. See Resolution of Intent at Sect. 6. If the Commission approves the Resolution of Intent, the City Clerk shall prepare a Notice of Adoption. The Notice of Adoption of this Resolution of Intent shall be published and a copy of the Notice of Adoption will be mailed to every owner of property listed in Exhibit “B”, which comprises the properties within the Bozeman Downtown B.I.D. Protest: The 15-day protest period will begin on the day following the first publication of the notice of passage of the resolution of intent (May 30, 2010) and will end at 5:00 pm on June 14, 2010. Protests must be delivered to the City Clerk and can be done so in person, via mail, or via email. 125 Recreation/Extension of the Downtown Bozeman Business Improvement District Page 4 of 5 UNRESOLVED ISSUES: The only identified unresolved issue is whether board members whose terms continue beyond the expiration date of the current district must be reappointed if the Commission recreates/extends the district. The City Attorney will evaluate this issue and present you an opinion and process at the time the ordinance is adopted. There are no other identified unresolved issues. As stated above, several additional steps must be taken to finalize the recreation/extension of the district. At the end of the protest period the City Clerk will present a memorandum indicating the number of protests received, if any, and will also present a final resolution recreating/extending the district for your consideration. If approved, the Commission would then need to approve an ordinance on first and second reading. ALTERNATIVES: The law requires the Commission to adopt a Resolution of Intent upon a legally adequate petition. Thus, at this time, the Commission is bound to adopt the Resolution of Intent unless a showing is made the petitions are not valid or do not meet the statutory threshold. The Commission may, of course, amend specific provisions in the Resolution of Intent such as duration, the assessment methodology and limitations, etc. Staff, however, recommends the provisions as included in the Resolution of Intent. FISCAL EFFECTS: The fiscal effects to the city of Bozeman government are nominal. The effects include staff time in the Finance Department administering the finances of the district and conducting tasks associated with including the assessments on the yearly city assessments mailed out to each property owner. Each summer, prior to final approval of the overall budget, the Downtown B.I.D. is required to present a work plan and district budget to the City Commission for approval. The Commission will, based on the approved work plan and budget, levy an assessment against each property within the District to raise the approved budgeted amount. For your information, the total assessments for the District for 2009 totaled $114,000 and the total assessments for the District, if re-created, for 2010 are estimated to not exceed $114,000. This amount represents the entire budget for the District. According to Chris Naumann, the petitioners understand this amount to be the proposed budget for the upcoming year and also that the assessments may tend to fluctuate from year to year during the duration of the district. Attachments: · Resolution No. 4256, Resolution of Intent to Re-create/Extend the Life of District. o Exhibit A. Map of properties subject to the jurisdiction of the Bozeman Downtown B.I.D. o Exhibit B. List of all properties subject to the jurisdiction of the Bozeman Downtown B.I.D. · Copy of Notice to be published and mailed to each owner within the district. · Letter from City Clerk acknowledging receipt of Petitions. · Email from City Attorney regarding review of Petitions. · Ordinance No. 1517, original ordinance creating the Bozeman Downtown B.I.D (from 2000). · Copy of Petition for recreation/extension of the district. · 2009 Downtown B.I.D. Annual Report · Resolution 2010-01 of the Downtown B.I.D. Board Regulating the Future Growth of the Downtown B.I.D. Property Assessment and Requesting the City Commission Do the Same 126 Recreation/Extension of the Downtown Bozeman Business Improvement District Page 5 of 5 Report compiled on: May 17th, 18th and 19th, 2010 127 Resolution 4256 Stating the City Commission’s Intent to re-create/extend the life of the Downtown Business Improvement District Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated COMMISSION RESOLUTION NO. 4256 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING ITS INTENTION TO RE-CREATE/EXTEND THE BOZEMAN DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WHEREAS, Ordinance No. 1517 created the Bozeman Downtown Business Improvement District (the “District”) and became effective on May 15, 2000; WHEREAS, the current District is set to expire on the 10-year anniversary of its creation pursuant to Section 7-12-1141, Montana Code Annotated; WHEREAS, the current District Board of Trustees has asked landowners as set forth in Exhibit B in which the boundaries match the boundaries of the current District, to consider re- creating the District anew; WHEREAS, several landowners, as defined by §7-12-1103, MCA in coordination with the Downtown Bozeman Partnership have expressed the need for re-creating/extending the Bozeman Downtown Business Improvement District, pursuant to the provisions of §7-12-1101, MCA, et seq., MCA, to aid promote the health, safety, prosperity, security, and general welfare of the inhabitants of the district and the people of Montana as well and to be of special benefit of the property within the boundaries of the district; and WHEREAS, Section 7-12-1111, MCA, allows the City Commission to create such a district upon receipt of a petition signed by the owners of more than 60% of the area of the property proposed in the petition to be included in such a district; and WHEREAS, numerous owners of real property submitted petitions requesting the City Commission create a Business Improvement District for the City of Bozeman (hereinafter referred to as the “Bozeman Downtown B.I.D.”) and were received by the City Clerk on Wednesday, May 5th and are located on file with the City Clerk; and 128 Resolution 4256 Stating the City Commission’s Intent to re-create/extend the life of the Downtown Business Improvement District Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated WHEREAS, the Bozeman City Attorney reviewed the petitions received and certifies before the Commission the petitions delivered to the City Clerk contain the signatures of owners of more than 60% of the area of the property to be included within the proposed district; and, WHEREAS, it is the desire of the City Commission, in order to promote the health, safety, prosperity, security and general welfare of the potential members of the district and the citizens of Bozeman, to levy assessments against certain tracts of land within the District as set forth in Exhibit “B” that comprise the Bozeman Downtown B.I.D.; and WHEREAS, pursuant to Section 7-12-1111 (2) and (3), MCA, the boundaries of the proposed Bozeman Downtown B.I.D. comply with all applicable zoning regulations and no property subject to the Bozeman Downtown B.I.D. is zoned primarily as a residential area; and WHEREAS, Section 7-12-1111(1), MCA, requires that upon receipt of said petitions, the City Commission shall establish a district pursuant to the provisions of Title 7, Chpt 12, Part 11, MCA, which require adoption of this Resolution of Intent, followed by publication of a Notice of Adoption of this Resolution and the mailing of the notice to every owner of real property with the proposed district, providing an opportunity for the owners to protest creation of the proposed Bozeman Downtown B.I.D., and then, barring sufficient protests, adoption of a final Resolution, an Ordinance, creation of a Board of trustees, and finally, the creation of an annual budget and work plan. NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1. Intent to Create the Bozeman Downtown Business Improvement District (Bozeman Downtown B.I.D.). It is the Bozeman City Commission’s intent is to create, subject to notice and the opportunity to protest pursuant to Montana law and Section 9, below, the Bozeman Downtown B.I.D. and also to declare that the purposes for which the assessments collected by the Bozeman Downtown B.I.D. shall be used are the statutory purposes set forth in Business Improvement District Law, Sections 7-12-1101 through 7-12-1144, MCA, for the funding of all uses and projects within the City of Bozeman as specified in a future Bozeman Downtown B.I.D. annual work plan and budget and as set out in Section 7-12-1133, MCA. Section 2. Name of District. The District shall be known as the Bozeman Downtown Business Improvement District (Bozeman Downtown B.I.D.). Section 3. Limits and Boundaries of District. The boundary of the Bozeman Downtown B.I.D. is shown on the map within Exhibit “A”. Section 4. Benefited Property. The properties included within the limits and boundaries of the District as described in Section 3 and as listed on Exhibit “B” are hereby declared to be the Bozeman Downtown B.I.D., and it is recognized those properties will benefit and be benefited 129 Resolution 4256 Stating the City Commission’s Intent to re-create/extend the life of the Downtown Business Improvement District Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated by the Bozeman Downtown B.I.D., and as such will be assessed for the costs of the Bozeman Downtown B.I.D.; and Section 5. General Character of the Services to Be Performed. It is the intent of the City Commission that the services to be performed by the Bozeman Downtown B.I.D. will be for the funding of all uses and projects within the Bozeman Downtown B.I.D.as prescribed in Section 7- 12-1133 MCA and as specified in the Bozeman Downtown B.I.D. annual work plan and budget, once developed. Section 6. Assessment Methods/Property to Be Assessed. It is the intent of the City Commission that the assessment methods will be the method authorized by Section 7-12-1133 (d). MCA. It is also the intent that for the first three fiscal years (2011-2013) of the downtown business improvement district the total property owner assessment shall not exceed $114,000.00; that for the fourth through seventh years (2014-2017) the property owner assessment shall not exceed $120,000.00; and finally, for the eighth through tenth years (2018-2020) the property owner assessment shall not exceed $126,000.00. The Commission’s intent is that these assessment limitations may be exceeded with a favorable vote by the owners of more than 60% of the area of the property in the district. Section 7. Duration of District. It is the intent of the City Commission that the Bozeman Downtown B.I.D. shall be in effect for a period of ten (10) years as prescribed in Section 7-12- 1141, MCA. Section 8. Notice of Adoption of Resolution of Intent. Upon adoption of this Resolution of Intent, the City Clerk shall prepare a Notice of Adoption. The Notice of Adoption of this Resolution of Intent shall be published as provided in Section 7-1-2121, MCA, and a copy of the Notice of Adoption must be mailed to every owner of property listed in Exhibit “B”, which comprises the properties within the Bozeman Downtown B.I.D. all as listed on the last completed assessment roll for the state, county and school district taxes and said mailing must be to the owner’s last known address, on the same day or immediately prior to the day the Notice of Adoption is first published or posted. Section 9. Public Hearing/Protests. At any time within fifteen (15) days from and after the date of the first publication of the Notice of Adoption, which said date will be May 30, 2010, any owner of real property within the proposed Bozeman Downtown B.I.D. subject to assessment for the cost and expense of maintaining the Bozeman Downtown B.I.D. may make and file with the City Clerk until 5:00 p.m. on June 14, 2010, a written protest against the proposed Bozeman Downtown B.I.D. The date and hour of receipt of the protest shall be endorsed thereon by the City Clerk. The Commission will, at a regular meeting after the expiration of the above time period, proceed to publicly hear and pass upon all protests so made and filed pursuant to Section 7-12-1114, MCA; which said regular meeting will be held on Monday, June 21, 2010 at 6:00 p.m. in the Commission Room at the Bozeman City Hall, 121 North Rouse Ave., Bozeman, MT. 130 Resolution 4256 Stating the City Commission’s Intent to re-create/extend the life of the Downtown Business Improvement District Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated APPROVED by the City Commission of the City of Bozeman this 24th day of May 2010. ___________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN Bozeman City Attorney Exhibit A: Map of properties subject to the jurisdiction of the Bozeman Downtown B.I.D. Exhibit B: List of all properties subject to the jurisdiction of the Bozeman Downtown B.I.D. 131 132 133 134 135 136 137 138 NOTICE OF ADOPTION OF A RESOLUTION OF INTENT TO RE-CREATE/EXTEND THE BOZEMAN DOWNTOWN BUSINESS IMPROVEMENT DISTRICT, DECISION ON PROTEST, AND PUBLIC HEARING ON FINAL RESOLUTION OF ADOPTION. Notice is hereby given that the City Commission for the City of Bozeman, Montana, at its regular meeting held on May 24, 2010, adopted a Resolution of Intent to Re-create/Extend the Bozeman Downtown Business Improvement District (the “District”). Copies of the adopted Resolution of Intent, a map showing the limits of the proposed District, and a list of all properties potentially subject to the proposed District are on file on the office of the Bozeman City Clerk, 121 N. Rouse Avenue, Bozeman, MT. If re-created the general purpose of the district will be to continue to aid in promoting the health, safety, prosperity, security, and general welfare of the inhabitants of the district and the people of Montana as well and to be of special benefit of the property within the boundaries of the district. Any owner of property liable to be assessed may make written protest against the extent or re- creation of the district to be assessed, or both. All protests must be filed in writing with the City Clerk not later than 5:00 p.m. Monday, June 14, 2010. Postmarks are not acceptable. The Clerk must receive the original protest form by the deadline. All protests shall bear the proper notary and must indicate the authority of the person signing. The City Commission will hear and pass upon any protests to creating the District at a PUBLIC HEARING to be held at 6:00 p.m. on Monday, June 21, 2010, in the Commission Room at the Bozeman City Hall, 121 N. Rouse Ave., Bozeman, Montana. The City Commission may not create the District if owners of more than 50% of the taxable value, 50% of the total District assessments, or 50% of the owners of the property within the proposed District submit written protests to create the District by the deadline specified above. If sufficient protests are not received the Commission may adopt a final Resolution at the public hearing on June 21, 2010 recreating/extending the District. Questions concerning the proposed District, its re-creation/extension, its services, or how to make a protest may be directed to Stacy Ulmen, Bozeman City Clerk, 121 N. Rouse Ave., Bozeman, Montana or by telephone to 406-582-2321 or email at sulmen@bozeman.net. Publish in the Bozeman Daily Chronicle: May 30 and June 6, 2010 Stacy Ulmen, CMC Bozeman City Clerk 139 141 Email from Greg Sullivan to Stacy Ulmen on May 10, 2010. Stacy: I reviewed the petitions for recreation/extension of the Bozeman Downtown Business Improvement District as submitted by Chris Naumann on May 5, 2010. After reviewing the individual petitions and any clarification of a petitioner’s authorization to sign and after receiving confirmation from Anna Rosenberry regarding the square footage calculations (see below) I inform you that based on petitions and the information from the spreadsheet provided by Mr. Naumann the owners of more than 60% of the area of the property proposed in the petition to be included in the Downtown BID signed a valid petition. Thus, the owners have met the statutory threshold for recreating/extending the district as required by Sect. 7-12-1111, MCA. Please provide the City Commission certification the statutory threshold has been met as an attachment with the Resolution of Intent. Greg Sullivan Bozeman City Attorney PO Box 1230 Bozeman, MT 59771-1230 121 North Rouse Ave. P: 406-582-2309 F: 406-582-2302 gsullivan@bozeman.net www.bozeman.net Email sent to or from me can, in some circumstances, be considered privileged and/or confidential. Therefore, please do not read, copy or disseminate this communication unless you are the intended addressee. If you have received this communication in error, please respond to this email and call me immediately at 406 582-2309. 142 no ORDINANCE NO 1517 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA CREATING A BUSINESS IMPROVEMENT DISTRICT IN THE CITY S DOWNTOWN AREA Preamble As a result of inconsistencies in Title 7 Chapter 12 Part 11 Montana Code Annotated it is necessary to create the Business Improvement District proposed under Commission Resolution No 3357 by both resolution and ordinance Adoption of this ordinance as an emergency ordinance is needed for the usual daily operation of a municipal department and the ensure the health and safety of the inhabitants of the community WHEREAS pursuant to Title 7 Chapter 12 Part 11 Montana Code Annotated the City of Bozeman is authorized to create business improvement districts and WHEREAS on the 6th day of December 1999 the Commission acknowledged receipt of a petition for the creation of a Business Improvement District and WHEREAS said petition contained the signatures of owners of more than 60 percent of the area of the property to be included in the district and WHEREAS on the 3rd day of April 2000 the Commission adopted Commission Resolution No 3357 stating its intention to create a Business Improvement District and WHEREAS the notice was duly published and copies of the notice were duly mailed to owners of real property within the proposed district in accordance with Section 7 12 1112 Montana Code Annotated and WHEREAS on the 1st day of May 2000 the Commission conducted a public hearing on intention to create a Business Improvement District and WHEREAS one protest was received and was withdrawn during the public hearing NOW THEREFORE BE IT ORDAINED by the City Commission of the City of Bozeman Montana Section 1 The City Commission of the City of Bozeman creates a Business Improvement District which will serve a public use and promote the health safety prosperity security and general welfare of the inhabitants thereof The purpose of the Business Improvement District is to improve retail marketing in the district promote private investment and business expansion in this district the general management of the district and such other functions as are authorized by and necessary to carry out the purposes of Section 7 12 1102 Montana Code Annotated 143 Section 2 The boundaries of the district as set forth in Exhibit A attached hereto shall be as follows Beginning at the intersection of the centerline of West Babcock Street and the centerline of South Grand Avenue thence extending eastward along the centerline of Babcock Street to the intersection of the centerline of East Babcock Street and the centerline of South Rouse Avenue thence extending northward along the centerline of Rouse Avenue to the intersection of the centerline of East Mendenhall Street and the centerline of North Rouse Avenue thence extending westward along the centerline of Mendenhall Street to the intersection of the centerline of West Mendenhall Street and the centerline of North Grand Avenue thence extending southward along the centerline of Grand Avenue to the intersection of the centerline of West Babcock Street and the centerline of South Grand Avenue the point of beginning excluding those properties whose ownership is held on May 15 2000 by government entities by non profit ownerships having Section 501 c 3 IRS approval and properties whose primary use is considered residential under the Bozeman zone code more specifically described as follows Baxter Condominiums 3A 3E 4A 4E 5A 5E 6A 6E Lots 14 20 and the west 24 Y2 feet of Lot 21 Block A Tracy s First Addition Hathhorn Condominiums A B C E G and I Lots 11 and 12 Block S Tracy s First Addition Florence Condominiums 6 9 Lots 18 22 the South Y2 of Lot 0 plus strip BI A in Block A Original Plat Lots 16 18 and part Lots 19 24 Block C Original Plat Part of Lot 29 and all Lots 30 and 31 Block C Original Plat Lot 17A and Lots 18 22 Block E Original Plat Lots 1 6 24 Block F Original Plat and Condominium P5 of the Bozeman Multi level Shopping Complex Section 3 Said business improvement district shall have a duration of ten 10 years from the date of its creation Section 4 Repealer All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Section 5 Severability If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and to this end the provisions of this ordinance are declared to be severable Section 6 Savings Provision This ordinance does not affect the rights or duties that matured penalties and assessments that were incurred or proceedings that begun before the effective date of this ordinance 2144 nnSection7EffectiveDateThisordirtanceshallbeinfullforceandeffectimmediatelyuponadoptionPASSEDADOPTEDANDAPPROVEDbytheCityCommissionoftheCityofBozemanMontanaonsecondreadingataregularsessionthereofheldonthe15thdayofMay2000MARCIABYOUNMMayorATTEST9JROBINLSULLIVANClerkoftheCommissionAPPROVEDASTOFORM3145 146 147 The Downtown Business Improve- ment District (BID) was established in 2000 to undertake a variety of “clean and safe” programs on behalf of the property owners in the down- town district. The BID is an organization of downtown property owners that pay a voluntary assessment to fund large-scale improve- ment and beautification projects. The BID employs staff who perform a variety of tasks associated with the fol- lowing BID programs: Maintenance; Graf- fiti Removal; Flower Baskets; Holiday Decorations. The BID is a member of the Downtown Partnership along with the Downtown Bozeman Association and the Tax Incre- ment Finance District. As a key player in the Downtown Partnership, the BID has been instrumental in assisting with the vision and implementation of the 2001 Streetscape Project, the 2007 Main Street Overlay Project, and most recently the development of the 2009 Downtown Improvement Plan: a framework for economic vitality. This annual report highlights the BID programs that keep downtown looking vibrant. These BID programs in turn result in a pleasing experience for shoppers, diners and visitors thus at- tracting more customers. Ultimately, the efforts of the BID increase property values by keeping the downtown district well maintained and visually aesthetic. A History of the BID: A Decade of Service Downtown The BID Misson: Keeping Downtown Beautiful and Vibrant The downtown Bozeman Business Improvement District (BID) is an organization of down- town property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-term and long-term initiatives otherwise unavailable to individual own- ers. The BID has a goal of ensuring the long-term preservation and vitality of the city’s un- derlying economic, cultural, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place. 2009 BID ANNUAL REPORT Downtown Business Improvement District Eric Bowman-Chair Owenhouse Ace Hardware Mike Basile Prudential Real Estate Mike Grant Russell Grant Inc. Dan Himsworth Insty-Prints Ileana Indreland Delaney & Company Don McLaughlin Place Architecture Buck Taylor Gallatin Community Clinic CONTENTS Maintenance Program 2 Graffiti Removal Program 2 Flower Basket Program 3 Holiday Decorations Program 3 The Next Ten Years 4 Inside Story 4 BID Board 148 Over the years the BID maintenance program has grown to include one full-time employee and one part-time employee. The maintenance staff work seven days a week doing a variety of projects to keep downtown clean, appealing and inviting. The summer months are by far the busiest for the maintenance team. Seven days a week, the staff begin watering the flower baskets at sunrise. The remainder of the day is spent emptying garbage, removing graffiti, maintaining Soroptomist Park. Staff also water the younger street trees throughout the district during the hot months. Once a year the staff re- treat the pedestrian benches to keep them looking good. The BID maintenance program shifts gears when the snow begins to fly. The staff remove snow and ice from the pedestrian ramps at the Main Street intersections. They also keep the storm drains clear to allow melting snow to drain. In addition, the staff continue to empty the trash receptacles and remove graffiti. Year round the BID maintenance staff maintains the light pole banners, assists with DBA special events, installs holiday decorations and removes hundreds of posters and stickers . The BID maintenance team utilizes the ever-present Mule ATV and pick-up truck to perform many of their day- to-day tasks. The goal of the BID maintenance team is not only to keep downtown in top shape, but also to serve as ambassadors. Staff often can be seen ad- vising visitors where to grab a bite to eat or how to find the library. BID Maintenance Program: Keeping the Downtown Attractive BID Graffiti Removal Program: Winning the Battle Against Vandalism The rising level of graffiti vandalism in our downtown is an eyesore that threatens the well-being of downtown and is an affront to our entire community. Graffiti contributes to lost revenue associated with reduced retail sales and declines in property value. In addition, graffiti generates the perception of blight and a sense that a place is in a state of decline and may even be unsafe. A survey conducted in 2008 documented over 300 separate tags in the downtown district. That same year, the BID Board committed funds to launch the Graffiti Removal Program to tackle this growing problem. In 2008 the Graffiti Removal program eliminated the hundreds of existing graffiti tags. In 2009 this BID program continued to remove new graffiti tags as soon as they appeared. Case studies have repeatedly proven that the number one deterrent to graffiti is prompt removal of new tags. Therefore, once the initial graffiti clean-up was completed, the BID maintenance program has continued to remove all new tags within 48 hours. In 2009 alone, BID maintenance staff removed 508 graffiti tags bring the total number removed over the life of the program to 838! Below is a series of “before-during-and-after” photos showing the BID Graffiti Removal Program in action. Page 2 2009 BID ANNUAL REPORT Maintenance Staff Keep Downtown Looking Good • Empty the trash receptacles • Pick up garbage from store- fronts, doorways and sidewalks • Water the flower baskets • Clean up Soroptomist Park • Remove stickers and posters • Remove graffiti tags • Snow removal from crosswalks 149 Perhaps the most beloved BID initiative is the Flower Basket Program that adorns the street lamps downtown with over 150 displays of color every sum- mer. Not only does the BID purchase the planted baskets of Super Petunias, but the maintenance staff waters them seven days a week for over 130 con- secutive days to ensure they remain vibrant throughout the summer. To make this program a reality, the BID orders the baskets to be planted in Feb- ruary. The flowers are cultivated until early June when they can be hung down- town after the last hard frost. Then the work begins for the staff to water them each and every day. The BID utilizes a pick-up truck complete with a 350 gal- lon water tank, pump and hose. The BID flower baskets are invalu- able to making downtown beautiful and unique during the summer. BID Flower Basket Program: A Downtown Summer Tradition BID Holiday Decoration Program: Celebrating the Winter Season As soon as the flower baskets come down in the fall, the BID begins planning to install the holiday decorations that make downtown festive from Thanksgiving through New Years. Year after year, the BID relies the commitment of the many community partners that make “lighting up the town” possi- ble. Most noticeable are the large intersection decorations affec- tionately known as the “Christmas Spiders.” These famous decorations have been installed downtown for over 20 years. In recent years, the BID has invested in rebuilding each Spi- der to insure their safety and continued service. The BID relies on the following groups to make all the holiday decora- tion an annual tradition: Bozeman Fire Department, City of Bozeman Forestry Division, Streets Department, and Sign Department, Bozeman Arborcare, Montana Crane Service. The other holiday decorations that adorn downtown include 80 lit strands of garland that the BID maintenance staff wrap around each historic street lamp up and down Main Street. A total of 16 large wreaths and bows are hung from the traf- fic light standards at the downtown intersections on either end of Main Street’s historic core. The BID also lights the large trees in Soroptomist Park. Page 3 150 Downtown Bozeman Partnership 224 East Main Street Bozeman MT 59715 Phone: 406-586-4008 www.downtownbozeman.org chris@downtownbozeman.org Business Improvement Districts have a statutory life of ten years. The original Downtown BID is set to expire this sum- mer. Considering the value of the programs outlined in this annual report, the BID Board is seeking to renew the district for another ten year term. Renewing the Downtown BID requires that at least 60% of the property owners within the district sign a petition agreeing to do so. Once the required petitions are signed, the City Commission will pass a resolu- tion scheduling a public hearing. The public hearing will be prop- erly noticed to the property owners and the public. Renewing the Downtown BID will allow community to benefit from the continuation of the BID programs that make down- town Bozeman the best in the state. The Maintenance, Graffiti Removal, Flower Basket, and Holiday Decoration Programs would continue to keep downtown clean, safe, beautiful and vibrant thus benefiting the business owners, property owners, visitors and the entire Bozeman community. For more information about the Downtown BID programs or the BID renewal process, please contact Chris Naumann at the Downtown Partnership office. Renewing the BID: Continuing to Improve Downtown 2009 BID ANNUAL REPORT 850 Number of hours worked by BID maintenance staff 2550 Number of trash receptacles emptied 508 Number of graffiti tags removed 152 Number of flower baskets purchased and installed 135 Number of consecutive days flowers watered 20520 Number of individual flower baskets watered 100 Number of holiday decorations installed 380 Number of street lamp banners installed Below are some interesting “statistics” demonstrating the quantity of work accomplished by the BID in 2009. Page 4 Downtown Business Improvement District 2009 Annual Report was prepared by: Chris Naumann Executive Director of the Downtown BID and the Downtown Bozeman Partnership BID by the Numbers: They All Add Up to Success 151 152 153