HomeMy WebLinkAboutPublic Hearing and Decision on Protests Against Creation of a Tourism Business Improvement DistrictMemorandum to the Commission: Resolution of Intent to Create the Bozeman Tourism Business Improvement District
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Commission Memorandum
REPORT TO: Honorable Mayor and Commission Members
FROM: Chris Kukulski, City Manager
Greg Sullivan, City Attorney
Anna Rosenberry, Finance Director
SUBJECT: Resolution No. 4182 – Final Resolution to Create the Bozeman
Tourism Business Improvement District (TBID.)
MEETING DATE: July 6, 2009
RECOMMENDATION: Adopt Resolution No. 4182
BACKGROUND/ACTION: On June 15, 2009, you adopted Resolution 4172 – a Resolution
of Intent to create a TBID. Tonight you are called upon to consider two items related to the
creation of this TBID: (i) hear and pass upon any and all protests received regarding the creation
or extent, or both, of the TBID; and (ii) adopt Resolution 4182 – a final Resolution creating the
TBID. For reference, please note the Resolution of Intent adopted by you on June 15, 2009
(Resolution 4172) is attached as Exhibit A to the resolution you are to take action upon tonight -
Resolution 4182.
As you recall, several Bozeman hotels, in conjunction with the Bozeman Convention and
Visitors Bureau (Bureau), requested you create a Tourism Business Improvement District
(TBID). The TBID's outer limits will mirror the City of Bozeman's municipal boundaries but the
properties subject to the TBID, and its assessments, will consist only of those properties with the
identified purpose of "providing overnight stays at lodging facilities." Sect. 7-12-111(4), MCA.
Thus, the boundaries of the proposed TBID are unlike the other business improvement district in
Bozeman in that the TBID boundaries would be made up of non-contiguous properties being
those properties within the City limits of Bozeman whose purpose is to provide overnight
lodging facilities.
Moreover, Resolution 4172 indicated the purpose of a TBID is to "aid in tourism, promotion, and
marketing, within the District" Sect. 7-12-1102(4), MCA. According to the Attached Resolution
of Intent, those facilities providing ten (10) or more rooms for overnight accommodations will be
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Memorandum to the Commission: Resolution of Intent to Create the Bozeman Tourism Business Improvement District
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required to pay into the TBID $1.00 (one dollar) for every occupied room night. It is estimated
over $500,000 will be generated in the first year of collection and similar amounts in subsequent
years. The money assessed is proposed to be used by Board of Trustees, to be appointed by the
Commission, to: (i) increase the effectiveness in existing markets while exploring new markets;
(ii) focus efforts on periods of need; (iii) attend trade shows; (iv) allow for subsidy and
sponsorship of events and organizations that drive room nights; (v) increase staffing levels to
provide additional marketing; and (vi) provide for software for tracking reporting and marketing.
After the Commission adopted Resolution 4172, the City Clerk published notice of adoption of
that resolution in the Bozeman Daily Chronicle on June 21 and 28, 2009 and sent via certified
mail that same notice to all owners of property liable to be assessed.
As of the time this memorandum was written (5:00 p.m. on Wednesday, July 1, 2009), the City
Clerk had not received any written protests. The City Clerk and City Attorney will update the
Commission at the hearing on July 6, 2009 as to whether any protests have been received
between the time of drafting of this memorandum and the protest deadline of 5:00 p.m. July 6,
2009.
As stated above, the Commission’s first action at the hearing on July 6, 2009 will be to:
"proceed to hear and pass upon all protests." Sect. 7-12-1114(1), MCA. In doing so, I suggest
you review each protest received and determine whether the protests indicate a sufficient basis
for denying the creation of the district.
Second, at the time of the hearing, the City Attorney will indicate whether any of the statutory
bars to creation of the District have been met. These statutory bars are listed below:
1. Sufficient protests are received from owners of property within the proposed district
having a taxable valuation, when aggregated, representing not less than 50% of the total
taxable valuation of property within the district.
2. Sufficient protests are received from not less than 50% of the owners of property within
the district.
3. Sufficient protests are received from owners of property within the proposed district or
area of a proposed expansion having projects assessments, when aggregated, representing
not less than 50% of the total projected assessments for property within the district.
Sect. 7-12-114(3), MCA.
As you will see in the attached Resolution 4182, if you adopt this Resolution you have several
more statutory processes you must undertake. These include adoption of an ordinance pursuant
to Montana law, appointment of a Board of Trustees for the TBID, and eventually, adoption of a
work plan and budget for the TBID.
BOARD OF TRUSTEES: Montana law requires the affairs of the TBID to be administered by a
Board of Trustees with specific powers. Those powers are stated in the following statute:
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Memorandum to the Commission: Resolution of Intent to Create the Bozeman Tourism Business Improvement District
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7-12-1131. Powers of board in administering district. The board in administering a district
has all powers necessary to carry out the functions of the district contained in the ordinance
creating it, including the power to:
(1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its
purposes;
(2) provide special police, maintenance, or cleaning personnel for the protection and
enjoyment of the general public using the business district;
(3) landscape and beautify public areas and to maintain those areas;
(4) contract with the governing body to maintain, operate, or repair public parking facilities;
(5) contract with the governing body to maintain streets, alleys, malls, bridges, ramps,
tunnels, landscaping, and other public facilities as mutually agreed upon;
(6) promote private investment and business expansion in the district;
(7) provide for the management and administration of the affairs of the district;
(8) promote business activity by advertising, decorating, marketing, and promoting and
managing events and other actions designed for the general promotion of business activities in
the district; and
(9) perform such other functions as are necessary to carry out the purposes of this part and to
further the objectives of the district.
Please pay particular attention to the italicized phrase in subsection (1), above. As you are
required by law to take another step in this process (adopting an ordinance creating the TBID),
please consider at the time you adopt the ordinance, whether the above stated powers are proper
for this TBID and modify them according to how you determine the TBID should best be
operated.
Finally, please note the Commission may appoint a board consisting of not less than five or more
than seven members. Sect. 7-12-1121(1), MCA. The Resolution as drafted appoints seven. See
Resolution 4182 “Now Therefore Be It Resolved… #5.” Staff suggests that if you desire five or
six trustees you specifically address that in adoption of this Resolution 4182.
FISCAL EFFECTS:
As stated to in the staff memorandum prepared for your consideration of the Resolution of Intent,
the annual assessments for the district will be based on actual number of occupied room nights
and is estimated to total $511,000 in the first year of assessment. As of the date of creation of
the district, the TBID will require each assessed property owner to record the occupied room
nights at their hotel. This information will be accumulated on a fiscal year (July 1 - June 30)
basis and then billed to each property owner the following October. Once collected, the city will
remit assessment dollars to the Board to be used according to their Commission-approved annual
work plan and budget. Sect. 7-12-1132, MCA. If the district is created according to the proposed
timeline, the first assessments will be collected in November 2010.
ALTERNATIVES: As suggested by the City Commission.
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Memorandum to the Commission: Resolution of Intent to Create the Bozeman Tourism Business Improvement District
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ATTACHMENTS:
1. Final Resolution Creating the TBID (includes Resolution 4172 (Resolution of
Intent) attached as Exhibit A).
Respectfully submitted,
__________________________________ ___________________________________
Greg Sullivan, City Attorney Chris A. Kukulski, City Manager
276
Resolution 4182 Creating the Bozeman Tourism Business Improvement District
Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated
Page 1 of 3
COMMISSION RESOLUTION NO. 4182
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA CREATING A TOURISM BUSINESS IMPROVEMENT DISTRICT
CONSISTING OF NON-CONTIGUOUS LANDS WITHIN THE CITY OF BOZEMAN
FOR THE PURPOSE OF AID IN TOURISM, PROMOTION, AND MARKETING
WITHIN THE DISTRICT.
WHEREAS, on June 15, 2009, the Bozeman City Commission adopted Resolution 4172,
a Resolution of Intent indicating the Commission’s intention to create the Bozeman Tourism
Business Improvement District (the “District”) pursuant to the provisions of §7-12-1101, MCA,
et seq., MCA; and
WHEREAS, the recitals and items resolved by Resolution 4172 (attached as Exhibit A)
are incorporated herein by reference as if part of this Resolution; and
WHEREAS, the City Clerk published notice of passage of Resolution 4172 in
compliance with Sect. 7-12-1112, MCA, by publishing the notice in the Bozeman Daily
Chronicle on June 21 and June 28, 2009 and by sending the notice via certified mail to every
owner of real property within the proposed District as indicated on amended Exhibit B from
Resolution 4172; and
WHEREAS, the Bozeman City Clerk indicates that the City Clerk is in possession of all
return receipts of all certified letters sent or has direct knowledge the certified letters have been
received by the intended recipients; and
WHEREAS, Sect. 7-12-1113, MCA allows the owner of any property liable to be
assessed to make a written protest against the extent or creation of the District or the amount to
be assessed, or both, and, pursuant to Montana law and Resolution 4172, any owner duly noticed
was required to submit that protest in writing and deliver it to the City Clerk no later than 5:00
p.m. on July 6, 2009; and
WHEREAS, ____ protests were filed with the City Clerk as of the deadline on July 6,
2009 and are included herein by reference as Exhibits as labeled by the City Clerk at the hearing
on July 6, 2009; and
WHEREAS, Sect. 7-12-1114, MCA requires the Commission, after close of the protest
period, to hold a hearing on any protests received during the protest period as described above
and pass upon those protests and the Commission has done so; and
277
Resolution 4182 Creating the Bozeman Tourism Business Improvement District
Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated
Page 2 of 3
WHEREAS, the Commission has reviewed each and every protest received; and
WHEREAS, the City Attorney notified the Commission the protests received do not
meet the thresholds outlined in Sect. 7-12-1114(3), MCA; and
WHEREAS, notice of the hearing held on adoption of this final Resolution was noticed
in Resolution 4172, the notice of adoption that was published in the Bozeman Daily Chronicle
and sent to each of the property owners listed on amended Exhibit B of Resolution 4172, and
noticed on the agenda for this hearing as duly published in accordance with Montana law; and
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
1. The Commission hereby passes on all protests received and determines said protests are
not of sufficient import to prevent the creation of the District and hereby overrules and
denies any such protests;
2. The protests received do not met the three thresholds that would prevent the Commission
from adopting this final Resolution ordering the creation of the district as required in
Sect. 7-12-1114(3), MCA;
3. The Commission hereby adopts this final Resolution and orders creation of the district in
accordance with Resolution 4172;
4. The Commission requests the City Attorney and City Clerk to prepare an Ordinance
creating the Bozeman TBID in substantial conformance with Resolution 4172 and this
Resolution;
5. The Commission requests the City Clerk immediately advertise pursuant to City of
Bozeman standard practices for appointment of seven (7) trustees to the Bozeman TBID
Board of Trustees who shall be owners of property within the district or their assignees;
6. The Commission shall appoint the Board of Trustees at the time the Commission adopts
an Ordinance creating the Bozeman TBID;
7. The Commission requests the City Clerk to draft by-laws for the Board of Trustees to be
approved by the Commission in conformance with Montana law and City of Bozeman
requirements;
8. After adoption of an Ordinance creating the District, appointment of the Board of
Trustees, and adoption by the Commission of by-laws for said Board, the Board shall, at
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Resolution 4182 Creating the Bozeman Tourism Business Improvement District
Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated
Page 3 of 3
a time duly noticed and in a meeting open to the public, begin work on an annual budget
and work plan in conformance with Sect. 7-12-1132, MCA, and at a time duly noticed
and open to the public shall submit the annual budget and work plan for Commission
approval and adoption; and
9. The Commission hereby notifies the Board of Trustees that the work plan and budget
shall not be adopted unless the work plan and budget provide for adequate liability
coverage insuring the district, the Board, and the City of Bozeman against legal liability
for personal injury and property damage in an amount sufficient to cover the City of
Bozeman’s statutory liability limits as stated in Sect. 2-9-108(1), MCA.
APPROVED by the City Commission of the City of Bozeman this 6th day of July, 2009.
___________________________________
KAAREN JACOBSON
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
Bozeman City Attorney
Exhibit A: Resolution 4172.
Exhibit B: Protests received by the City Clerk prior to 5:00 p.m., July 6, 2009.
279
i
COMMISSION RESOLUTION N04172
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
MONTANA DECLARING ITS INTENTION TO CREATE A TOURISM BUSINESS
IMPROVEMENT DISTRICT CONSISTING OF NONCONTIGUOUSLANDS WITHIN
THE CITY OF BOZEMAN FOR THE PURPOSE OF AID IN TOURISM PROMOTION
AND MARKETING WITHIN THE DISTRICT
WHEREAS several Bozeman local lodging facilities in coordination with the Bozeman
Area Convention and Visitor Bureau have expressed the need for the creation of a tourism
business improvement district pursuant to the provisions of 7121101MCA et seq MCA to
aid in tourism promotion and marketing within the City ofBozeman and
WHEREAS Section 7121111MCA 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 allows that such a district may
be composed of noncontiguous areas if the properties in a district have a common purpose of
providing overnight stays at lodging facilities and requires the boundaries of a district with
noncontiguous areas to encompass all properties in the district with the same identified purpose
and
WHEREAS numerous owners of real property used as a hotel motel or lodging
facilities have submitted petitions requesting the City Commission create a Tourism Business
Improvement District for the City of Bozeman hereinafter referred to as the Bozeman
TBLDand
WHEREAS the petitions delivered to the Bozeman City Clerk specifically states all
hotels lodging facilities and motels are specifically benefitted by the activity and operations of
the proposed District and benefits derived by the parcel owned by each petitioner is
proportional to the benefits derived by all ofthe similarly situated parcels within the proposed
District and
WHEREAS the Bozeman City Attorney has reviewed the petitions received and certified
before the Commission that the petitions delivered to the City Clerk contain the signatures of
owners of more than 60 of the area ofthe 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 ofBozeman to levy assessments against certain tracts of land within the exterior limits
ofthe City ofBozeman that comprise the Bozeman TBIDand
Resolution 4172 Stating theCiry CommissionsIntent to Create the Bozeman Tourism Business Improvement District
Pursuant to Title 7 Chpt 12 Part 11 Montana Code Annotated
280
v
c
V
WHEREAS such assessments will be paid by the owners of tracts of land comprising the
district whereby the tract of land is being used as a hotel motel or lodging facility and
WHEREAS the Bozeman TBIDthrough increased funding provided for by a one
dollar 100 assessment on each occupied room night will aid in tourism promotion and
marketing of the City of Bozeman by i increasing the effectiveness in existing markets while
exploring new markets ii focusing efforts on periods of need iii attending trade shows iv
allowing for subsidy and sponsorship of events and organizations that drive room nights v
increasing staffing levels to provide additional marketing and vi providing for software for
tracking reporting and marketing and
WHEREAS pursuant to Section 7121112 and 3 MCA the boundaries of the
proposed Bozeman TBIDcomply with all applicable zoning regulations and no property
subject to the Bozeman TBIDis zoned primarily as a residential area and
WHEREAS Section 71211111MCA 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 ofthis Resolution of Intent followed by publication ofa Notice of
Adoption of this Resolution and mail of said notice to every owner of real property with the
proposed district an opportunity for the owners to protest creation of the proposed Bozeman
TBIDand then barring sufficient protests adoption ofa final Resolution creation of a Board
of trustees and finally the creation ofan 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 Tourism Business Improvement District Bozeman
TBLDIt is the City ofBowmansintent is to create subject to notice and the opportunity to
protest pursuant to Montana law and Section 10 below the Bozeman TBIDandalso to
declare that the purposes for which the assessments collected by the Bozeman TBIDshall be
used are the statutory purposes set forth in Business Improvement District Law Sections 712
1101 through 7121144MCA as amended for the funding ofall uses and projects for tourism
promotion within the City of Bozeman as specified in a future Bozeman TBIDannual work
plan and budget
Section 2 Name ofDistrict The District shall be known as the Bozeman Tourism Business
Improvement District Bozeman TBLD
Section 3 Limits and Boundaries of District
Resolution 4172 Stating the City CommissionsIntent to Create the Bozeman Tourism Business Improvement District
Pursuant to Title 7 Chpt 12 ParC 11 Montana Code Annotated
281
Y rA Outer Limits of the Bozeman TBIDItisthe intent ofthe City Commission that
should the Bozeman TBIDbe established the outer limits ofthe district within
which properties used for the purpose of providing overnight stays at lodging
facilities will be subject to the jurisdiction of the district shall mirror the City of
Bowmans corporate limits as shown on Exhibit A As the corporate
boundaries ofthe City change by reason ofannexation or otherwise it is intended
the outer limits of the areas within which a property could be included in the
Bozeman TBIDshallbe similarly changed
B Properties Included Within the Bozeman TBIDWithin the above described
limits it is acknowledged not all properties are to be subject to the jurisdiction of
the district but rather it is the City Commissions intent that specific non
contiguous properties used for the purpose of providing overnight stays at lodging
facilities will be the only properties that comprise the Bozeman TBIDThe
properties that will be subject to the Bozeman TBIDassessments are only those
that are currently being used or will be used in the future for the identified
purpose of providing ten 10 or more rooms for temporary overnight
accommodations lodging dwelling or sleeping facilities for transient guests and
as such shall include all hotels motels inns bed and breakfast establishments
hostels and other similar uses structures or portions thereof with ten 10 or
more rooms The properties currently proposed to be included in the Bozeman
TBIDarethose described on Exhibit B
C New Facilities Within Bozeman Subject to Bozeman TBLDIt is the intent of
the City Commission that should a tract of land within Bowmans city limits be
developed with a facility which meets the requirements described above that
property will automatically become part of the Bozeman TBIDandas such
automatically subject to the assessments described in Section 6 below
D Annexed Properties Subject to Bozeman TBLDFurthermore it is intended that
no properties located outside ofthe City of Bozeman will be included within the
District unless and until the property is annexed into the City of Bozeman It is
also the intent of the City Commission that upon annexation any property or
structure or part thereof which will be used for the stated purposes described
above shall also automatically become part of the Bozeman TBLDat the time
such use commences within the City ofBozeman and therefore also be subject to
the assessments described in Section 6 below
Section 4 Benefited Property The territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit Aare hereby declared to be the Bozeman TBIDand it
is recognized those properties will benefit and be benefited by the Bozeman TBIDand as
such will be assessed for the costs ofthe Bozeman TBIDand
Resolution 4172 Stating the City CommissionsIntent to Create theBozeman Tourism Business Improvement District
Pursuant to Title 7 Chpt 12 Part 11 Montana CodeAnnotated
282
Y
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 TBLDwill be the funding ofall
uses and projects for tourism promotion within the City ofBozeman as specified in the Bozeman
TBLDannual work plan and budget once developed It is also the intent of the City
Commission that the services will be designed to among others benefit local tourism and
lodging businesses within Bozeman and will include the marketing of Bozeman at convention
and trade shows the marketing of Bozeman to the travel industry generally and the marketing of
Bozeman as a viable location for major sporting events
Section 6 Assessment Methods Property to Be Assessed It is the intent of the City
Commission that the parcel upon which a facility structure or portion thereof having the use
described in Section 3 above will be assessed one dollar 100 per occupied room night for
the costs of operating the Bozeman TBIDThese parcels will be assessed this amount for their
proportionate share of the costs ofmaintaining the activities of the Bozeman TBIDand such
assessments will fund the work plan for the first fiscal year and any fiscal year for which the
Bozeman TBIDcontinues in effect
Section 7 Payment of Assessments Records It is the intent of the City Commission that the
assessments for the costs of maintaining the services provided by the Bozeman TBIDwillbe
payable as prescribed in Section 7121133cMCA It is also the intent of the City
Commission to ensure the public has reasonable access to the records of the Bozeman TBID
and also to ensure there is sufficient protection of the district members trade secrets It is
therefore the intent ofthe City Commission that the Board ofTrustees for the Bozeman TBID
adopt procedures balancing the right of the public to access to public records with the interest of
the member entities right to maintain the confidentiality oftheir trade secrets
Section 8 Duration of District It is the intent of the City Commission that the Bozeman
TBLDshall be in effect for a period of ten 10 years as prescribed in Section 7121141
MCA
Section 9 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 ofIntent shall be published as provided in Section 712121 MCA and a copy ofthe
Notice of Adoption must be mailed to every owner of property listed in on Exhibit B which
comprises the properties within the Bozeman TBIDall as listed on the last completed
assessment roll for the state county and school district taxes which mailing must be to the
owners last known address on the same day the Notice ofAdoption is first published or posted
Section 10 Public Hearing Protests At any time within fifteen 15 days from and after the
date ofthe first publication ofthe Notice of Adoption which said date will be June 21 2009 any
owner of real property within the proposed Bozeman TBIDsubject to assessment for the cost
and expense of maintaining the Bozeman TBIDmaymake and file with the City Clerk until
500 pmon the expiration date ofsaid 15day period from June 22 2009 through July 6 2009
Resolution 4172 Stating the City CommissionsIntent to Create theBozeman Tourism Business Improvement District
Pursuant to Title 7 Chpt 12 Part 11 Montana CodeAnnotated
283
a written protest against the proposed Bozeman TBIDThedate 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 7121114 MCA which said regular meeting will be held
on Monday July 6 2009 at 600 pmin the Commission Room at the Bozeman City Hall 121
North Rouse Ave Bozeman MT
APPROVED by the City Commission of the City of Bozeman this 15th day of June 2009
C
J F USS
Deputy Mayor
ATTEST
A U EN CMC
City C
TO FORM
an City Attorney
Exhibit A Map depicting the exterior limits and boundaries of the Bozeman TBID
Exhibit B List of all properties subject to the jurisdiction of the Bozeman TBID
Resolution 4172 Stating the City CommissionsIntent to Create theBozeman Tourism Business Improvement District
Pursuant to Title 7 Chpt 12 Par 11 Montana CodeAnnotated
284
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