HomeMy WebLinkAboutAttachment __ 7-27-09 Prov Adoption of Ord 1765 Memo Ord and Minutes V �9�
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
Chris Kukulski, City Manager
SUBJECT: Provisional Adoption of Ordinance 1765: An Ordinance of the City
Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement
District.
MEETING DATE: July 27, 2009
AGENDA ITEM TYPE: Regular Agenda
RECOMMENDATION: Provisionally adopt Ordinance 1765: An Ordinance of the City
Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement
District
BACKGROUND: Over the past two months you have participated in the creation of a
Tourism Business Improvement District. You previously adopted two resolutions to regarding
this issue: Resolution 4172 (a Resolution of Intent) and Resolution 4182 (a final Resolution).
Pursuant to Sect. 7-12-1121(1), MCA, you must also adopt an ordinance.
Should you adopt the ordinance final adoption will be scheduled for August 10, 2009, at which
time you are scheduled to appoint seven members to the Bozeman Tourism Business
Improvement District Board of Trustees. If you give final approval on August 10'h, the ordinance
will go into effect on September 9, 2009. Tentatively, you will have a work plan and budget
presented to you on September 14, 2009 for your consideration and adoption. Assessments will
be levied upon the affected properties only after your adoption of the work plan and budget and
decision to levy the assessments.
Please note several important factors in the establishment of the ordinance:
• The powers and duties of the board of trustees are enumerated Section 2 of the ordinance
under Sect. 2.92.020.A. Please ensure these powers are those you would like to vest the
board of trustees with. The powers listed mirror those listed in Sect. 7-12-1131, MCA. In
the staff memo supporting Resolution 4182, you were advised to pay particular attention
to these powers. Please do so again.
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• The ordinance as drafted appoints seven members to the board of trustees. Sect. 7-12-
1111(1), MCA, allows you to appoint five or seven members.
• The ordinance creates new chapters within the Bozeman Municipal Code. The purpose of
this structure is to ensure other business improvements districts, both existing and future,
can be codified within the same chapter.
FISCAL EFFECTS: As stated to the Commission in the staff memorandum prepared for your
consideration at both the Resolution of Intent and final Resolution, 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 BTBID
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
assessments will be first collected in November 2010.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Ordinance 1765
Report compiled on: July 22,2009
71
s
ORDINANCE NO. 1765
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING A TOURISM BUSINESS
IMPROVEMENT DISTRICT.
WHEREAS, on July 6, 2009, the City Commission of the City of Bozeman adopted
Resolution 4182, creating the Bozeman Tourism Business Improvement District; and
WHEREAS, Sect. 7-12-1121(1), MCA, the City Commission, in addition to a resolution
as describe above, must adopt an ordinance to implement the Bozeman Tourism Business
Improvement District; and
WHEREAS, the recitals and findings made during adoption of Resolution 4182,
including those made in the adoption of Resolution 4172, a Resolution of Intent to Create a
Tourism Business Improvement District, are hereby incorporated as legislative findings for the
adoption of this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the table of contents of Title 2 of the Bozeman Municipal Code be added to so that
such table of contents shall read as follows:
Title 2
ADMINISTRATION AND PERSONNEL
ORDINANCE NO. 1765:Creation of Bozeman Tourism Business Improvement District
Page 1 of 11
Chapters:
2.01 Code of Ethics
2.04 City Commission
2.05 Acquisition and Transfer of City Property
2.06 Municipal Court
2.08 City Manager
2.10 Assistant City Manager
2.12 Administrative Departments Generally
2.16 City Attorney Department of Law
2.20 Health Officer
2.30 Office of the City Clerk
2.32 Department of Finance
2.36 Division of Recreation
2.40 Department of Public Safety
2.44 Department of Public Service
2.48 Department of Public Welfare
2.56 Library Board of Trustees
2.64 City County Planning Board
2.66 City Planning Board
2.72 City Employees
2.76 Cemetery
2.78 Bozeman Area Bicycle Advisory Board
280 Historic Preservation Advisory Board
2.84 Bozeman Beautification Advisory Board
2.88 Tax Increment Financing Industrial District Board
2.90 Business Improvement Districts Boards of Trustees
2.92 Bozeman Tree Advisory Board
2.96 Bozeman Senior Citizens Advisory Board
2.98 Quality Jobs and Living Wage
Section 2
That there shall be added to Title 2 of the Bozeman Municipal Code, the following
chapter:
Chapter 2.90
BUSINESS IMPROVEMENT DISTRICTS BOARDS OF TRUSTEES
Sections:
2.90.010 Purpose and Intent
2.90.020 Bozeman Tourism Business Improvement District Board of Trustees
ORDINANCE NO. 1765:Creation of Bozeman Tourism Business Improvement District
Page 2 of 11
2.90.010 Purpose and Intent
The purpose and intent of this chapter is to provide for boards of trustees for the several
business improvement districts within the City of Bozeman created pursuant to Title 7, Chpt. 12,
Part 11, MCA. The boards of trustees for each business improvement district shall have the
powers enumerated herein with respect to the program for each business improvement district as
described in Chapter 3.22 of this code. Each board of trustees is a public body and shall comply
with all laws of the State of Montana regarding notice and opportunity to be heard, open
meetings,public participation, and maintenance of public records.
2.90.020 Bozeman Tourism Business Improvement District Board
A. Creation—Powers and Duties.
The Bozeman City Commission creates the Bozeman Tourism Business
Improvement District (BTIBD) Board of Trustees and authorizes the BTIBD
Board of Trustees to exercise any of the following business improvement district
powers, in conjunction with administration of the BTBID created pursuant to
Chpt. 3.22 of this code:
1. Sue and be sued;
2. Enter into contracts to carry out the function of the BTBID;
3. Hire and terminate personnel needed for its purposes;
4. Provide adequate liability insurance for the affairs of the BTBID;
5. Promote private investment and business expansion in the BTBID;
6. Provide for the management and administration of the affairs of the BTBID;
7. 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 BTBID;
8. Perform such other functions as are necessary to carry out the purposes of this
chapter and to further the objectives of the BTBID;
9. Adopt bylaws, subject to the approval of the Bozeman City Commission, for
the operation of the board and develop procedures for the collection and
maintenance of BTBID records and the protection of district members' trade
secrets to the extent allowable by Montana law; and
10. Authorize the acquisition and disposal of real property upon the consent of the
City Commission.
ORDINANCE NO. l 765:Creation of Bozeman Tourism Business improvement District
Page 3 of 11
B. Members—Appointments and Terms.
1. All appointments to the BTBID shall be made by the Bozeman City
Commission.
2. Upon creation, there shall be seven (7) members of the Board of Trustees and
there shall always be at least five (5) but not more than seven (7) members of
the Board of Trustees for the BTBID, amendable from time to time by duly
adopted resolution of the Bozeman City Commission. The terms of the initial
seven members shall be as follows:
three members to serve for terms of 1, 2, and 3 years, respectively,
from the date of their appointments, two must be designated to
serve for terms of 4 years from the date of their appointments. For
a seven-member board of trustees, there must be two additional
appointments for terms of 2 years and 3 years,respectively.
3. Each board member shall hold office until his or her successor has been
appointed and has qualified.
4. A board member shall receive no compensation for his or her service. Board
members shall be entitled to previously authorized expenses, including
travelling expenses, incurred in the discharge of his or her duties.
5. Any persons may be appointed as board members but only if they are owners
of real property subject to the jurisdiction of the BTBID or a formally
appointed representative of a real property owner.
6. A board member may be removed by the City Commission for inefficiency,
neglect of duty, or misconduct, in office.
C. Director. The director of BTBID Board of Trustees shall be the duly appointed
executive director of the Bozeman Convention and Visitors Bureau and shall
serve in an advisory and administrative role for the Board of Trustees in the
administration of the affairs of the BTIBD.
D. Meeting—Election of Officers.
1. The BTBID Board of Trustees shall hold meetings as it deems necessary to
execute its powers and duties provided for in Section 2.90.020.A and Chapter
3.22 of this code.
ORDINANCE NO. 1765:Creation of Bozeman Tourism Business Improvement District
Page 4 of I 1
2. The BTBID Board of Trustees shall adopt bylaws enabling it to elect officers,
set officer terms, and establish regular meeting times.
E. Annual Budget, Work Plan, and Report/Recommendation on Levy.
I. Each year, at a date and in a format established by the Bozeman Finance
Director, the Board of Trustees shall submit to the Bozeman City Commission
a report of its activities for the preceding year. The report shall contain an
audit of the district's finances. In addition, the board shall, at the same time,
submit to the Bozeman City Commission, a work plan and budget for the
ensuing fiscal year pursuant to the requirements of Title 7, Chpt. 12, Part 11,
MCA. The Bozeman City Commission shall have final authority to approve
the work plan and budget.
2. At the time the Board of Trustees submits a report, annual budget, and work
plan, the board shall also submit a recommendation to the Bozeman City
Commission on a method of levying an assessment on the property within the
BTBID pursuant to the requirements of Title 7, Chpt. 12, Part 11, MCA. If the
method of assessment is to be different than that described in Sect. 3.22.020.F,
the Commission must adopt an ordinance amending said section.
3. The work plan and budget shall comply with the provisions and procedures of
Sect. 3.22.020.G.
F. Duration.
The Board of Trustees for the BTBID shall remain in effect as long as the BTBID
remains in effect.
G. Ethics Ordinance.
All board activities and members are subject to all other provisions of this code,
including Chpt. 2.01, Code of Ethics.
H. Liability/Property Insurance Required.
The Board of Trustees shall obtain liability insurance coverage, at the sole
expense of the BTBID, insuring the BTBID, the Board of Trustees, and the City
of Bozeman against legal liability for personal injury and property damage in an
ORDINANCE NO. 1765: Creation of Bozeman Tourism Business Improvement District
Page 5 of 11
amount not less than the liability and property exposure limits established for
governmental entities in Title 2, Chpt. 9, Part 1, MCA.
(Ord. 1765, § 2, 2009).
Section 3
That the table of contents of Title 3 of the Bozeman Municipal Code be added to so that
such section shall read as follows:
Title 3
REVENUE AND FINANCE
Chapters:
3.04 Collection of Taxes
3.08 Transfer of Surplus Funds
3.12 Police Reserve Fund
3.16 Special Improvement District Revolving Fund
3.20 Tax Increment Financing Industrial District Program
3.22 Business Improvement District Programs
3.24 Impact Fees
3.28 Advertisement Space on Municipal Property
(Ord. 1765, § 3, 2009).
Section 4
That there shall be added to Title 3 of the Bozeman Municipal Code, the following
chapter:
Chapter 3.22
Business Improvement District Programs
Sections:
3.22.010 Purpose and Intent
3.22.020 Bozeman Tourism Business Improvement District Program
3.22.010 Purpose and Intent
ORDINANCE NO. 1765: Creation of Bozeman Tourism Business Improvement District
Page 6 of 11
The purpose and intent of this chapter is to provide for the specific program components
of each of the several business improvement districts within the City of Bozeman created
pursuant to Title 7, Chpt. 12, Part 11, MCA. The districts shall be administered as provided by
the boards of trustees for each district created pursuant to Chpt. 2.90 of this code. The purpose of
a business improvement district is to serve a public use, promote the health, safety, prosperity,
security, and general welfare of the inhabitants of the district and of the people of this state and
be of specific benefit to the property within the boundaries of each district.
3.22.020 Bozeman Tourism Business Improvement District Program.
A. Creation of District.
The Bozeman City Commission creates and establishes the Bozeman Tourism
Business Improvement District(BTBID).
B. Specific Purpose of District.
In addition to the purposes enumerated in Sect. 3.22.010, the purposes of the BTBID
are to aid in tourism,promotion, and marketing within the BTBID.
C. District to be Administered by Board of Trustees.
Pursuant to Sect. 2.90.020, the affairs of the BTBID are to be administered by the
BTBID Board of Trustees.
D. Limits and Boundaries of District.
l. The outer limits of the BTBID within which properties used for the purpose of
providing overnight stays at lodging facilities are be subject to the jurisdiction
of the district shall mirror the City of Bozeman's corporate limits. As the
corporate boundaries of the City of Bozeman change by reason of annexation
or otherwise, the outer limits of the area within which a property shall be
included in the BTBID shall be similarly changed.
2. Within the limits described in Sect. 3.22.020.D.1, it is acknowledged not all
properties or facilities are to be subject to the jurisdiction of the BTBID;
rather, specific non-contiguous properties used for the purpose of providing
overnight stays at lodging facilities, as described herein, shall be the only
ORDINANCE NO. 1765:Creation of Bozeman Tourism Business Improvement District
Page 7 of 11
properties or facilities that comprise the BTBID. The properties and facilities
that shall be subject to the BTBID assessments are only those that are being
used 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(l 0) or more rooms.
3. Any facility meeting the requirements of Sect. 3.22.020.D.2 that begins
service within the city limits of the City of Bozeman after the effective date of
Ordinance 1765 shall be subject to the requirements of this chapter. In such a
case, the facility will automatically become subject to the jurisdiction of the
BTBID and subject to the assessments described in Sect. 3.22.020.G, below.
This provision shall also apply to any property or portion thereof annexed into
the City of Bozeman after the effective date of Ordinance 1765 whether such
property or portion thereof contains an existing facility meeting the
requirements of Sect. 3.22.020.D.2 or whether a facility meeting the
requirements of Sect. 3.22.020.D.2 is developed on the property after
annexation.
E. General Character of the Services to Be Performed.
The services to be performed by the BTBID shall include the funding of all uses and
projects for tourism promotion within the City of Bozeman as specified in the BTBID
annual work plan and budget, as required by Sect. 2.90.020.E, and as approved by the
Bozeman City Commission. The services shall be designed to, among others,benefit
local tourism and lodging businesses within the City of Bozeman and shall 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.
F. Assessments.
Finding the benefits derived by each property or facility are proportional, the
Bozeman City Commission shall annually assess the entire cost of the BTBID against
the BTBID in the amount of one dollar ($1.00) per occupied room night. The
properties to be assessed shall be those meeting the requirements of Sect.
ORDINANCE NO. 1765: Creation of Bozeman Tourism Business Improvement District
Page 8 of 1 t
3.22.020.D.2. The assessments described herein shall be subject to the provisions of
Chpt. 3.04 of this code.
G. Work Plan and Budget
The Board of Trustees for the BTBID, in consultation with the Bozeman Convention
and Visitors Bureau, shall annually prepare a work plan, audit, and budget and submit
the same to the Bozeman City Commission. The Commission shall provide notice
work plan and budget have been submitted and shall hold a public hearing on
objections to the work plan and budget and may modify the work plan and budget as
it considers necessary and appropriate. Upon approval of the work plan and budget
the Commission shall levy the assessments as described in Sect. 3.22.020.F.
H. Records/Trade Secrets
Pursuant to Montana law,the public shall have reasonable access to the records of the
BTBID. To ensure there is sufficient protection of the trade secrets of any facility
subject to this chapter the board of trustees shall adopt procedures for creation and
maintenance of records of the BTBID and procedures for balancing the right of the
public to access to said records with the interest of the member entities' right to
maintain the confidentiality of any valid trade secrets. These procedures shall be
approved by the Bozeman City Attorney and incorporated into the bylaws.
I. Duration of District
The BTBID shall remain in effect for 10 years from the effective date of Ordinance
1765 unless otherwise extended or modified by the Bozeman City Commission.
(Ord. 1765, § 5, 2009).
Section 5
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
ORDINANCE NO. 1765: Creation of Bozeman Tourism Business Improvement District
Page 9 of 11
Section 6
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance.
Section 7
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 8
Effective Date.
This ordinance shall be in full force and effect thirty(30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27`h of July, 2009.
KAAREN JACOBSON
Mayor
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ORDINANCE NO, 1765: Creation of Bozeman Tourism Business Improvement District
Page 10 of I I
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 10`h day of
August, 2009. The effective date of this ordinance is September I Wh, 2009.
KAAREN JACOBS N
Mayor
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'r TIN CO DSO APPROVED AS TO FORM:
G G SULLIVAN
CTTy Attorney
ORDINANCE NO, 1765: Creation of Bozeman Tourism Business Improvement District
Page 1 1 of 1 l
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,MONTANA
July 27, 2009
**********************
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday,July 27, 2009. Present were Deputy Mayor Jeff Krauss, Cr. Sean Becker, Cr.
Eric Bryson, Cr. Jeff Rupp, Assistant City Manager Chuck Winn, Finance Director Anna
Rosenberry, City Attorney Greg Sullivan and City Clerk Stacy Ulmen.
0:03:49 A. Call to Order—6 p.m. —City Commission Room, City Hall, 121 North Rouse
Deputy Mayor Krauss called the meeting to order.
0:03:50 B. Pledge of Allegiance and a Moment of Silence
0:04:37 C. Changes to the Agenda
Deputy Mayor Krauss asked Assistant City Manager Chuck Winn if there were any changes to
the Agenda.
0:04:51 Chuck Winn, Assistant City Manager
Mr. Winn asked that the Commission Authorize the Absence of Mayor Jacobson and that Action
Item 8, (because it is a Mayoral appointment) be moved to the next meeting.
0:05:29 D. Public Service Announcement—Opening of Fire Station Number 3
(Shrauger)
0:05:45 Jason Shrauger, Fire Chief
Mr. Shrauger gave the Public Service Announcement regarding the Opening of Fire Station
Number 3.
0:07:49 Motion and Vote to approve the absence of Mayor Jacobson.
It was moved by Cr. Rune, seconded by Cr. Becker to approve the absence of Mayor
Jacobson.
Those voting Ave being Crs.Rupp,Becker,Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
Minutes of the Bozeman 001 Commission Meeting,July 27,2009
0:08:01 E. Minutes—June 4,2009 Policy Meeting and June 15,2009
0:08:06 Motion and Vote to approve the Minutes from the June 4,2009 Policy Meeting and
June 15,2009.
It was moved by Cr. Becker, seconded by Cr.Bryson to approve the Minutes from the June
4 2009 Policy Meeting and June 15,2009.
Those voting Ave being Crs. Becker, Bryson,Rupp and Deputy Mayor Krauss
Those voting No being none.
The motion passed 4-0.
0:08:17 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign the Public Street and Utility Easement from
Bozeman Lakes LLC, Valley West Subdivision(Stodola)
3. Approve Resolution of Intent No. 4194 Closure of Moss Bridge Road at its
intersection with Secondary 205 (Kerr)
4. Approve Resolution No. 4197 and Authorize the City Manager to sign Change
Order No. 1, 2009 Street Improvements (Kerr)
5. Approve and Authorize City Manager to sign the Notice of Award to Edstrom
Construction, Inc. in the amount of$346,377.00 for the Lyman Creek Water
System Infrastructure Improvements (Murray)
0:08:21 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:08:30 Motion and Vote approving Consent Items F. 1-5.
It was moved by Cr. Bryson,seconded by Cr Rupp to approve Consent Items F 1-5
Those voting Ave being Crs. Bryson,Rupp,Becker and Deputy Mavor Krauss
Those voting No being none.
The motion passed 4-0.
0:08:41 G. Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
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Minutes of the Bozeman Cin,Commission Meeting,July 27,2009
Deputy Mayor Krauss closed public comment.
0:09:04 H. Action Items
0:09:08 1. Resolution No. 4171,Renaming the Burke Park Ridge Trail the Chris Boyd
Memorial Trail(Fontenot)
0:09:15 Brit Fontenot,Neighborhood's Coordinator/Assistant to City Manager
Mr. Fontenot gave the staff presentation regarding Resolution No. 4171,renaming the Burke
Park Ridge Trail the Chris Boyd Memorial Trail.
0:10:04 Ron Dingman, Director of Parks and Recreation
Mr. Dingman spoke regarding Mr. Boyd stating that he was a positive impact on the community.
0:10:53 Mr. Fontenot
Mr. Fontenot spoke regarding the changes that will take place on the trail if the Resolution is
approved.
0:12:22 Public Comment
Deputy Mayor Krauss opened public comment.
0:12:32 Gary Vodehnal,Public Comment
Mr. Vodehnal of 614 South 7th stated that Chris was a friend and a mentor to him. He was
passionate about trails. This is a nice way to honor him.
0:13:59 Public Comment closed
Deputy Mayor Krauss closed public comment.
0:14:06 Motion to approve Resolution No.4171 (Renaming Burke Park Ridge Trail the
Chris Boyd Memorial Trail).
It was moved by Cr Run), seconded by Cr.Becker to approve Resolution No. 4171
(Renaming Burke Park Ridge Trail the Chris Boyd Memorial Trail).
0:14:17 Cr. Rupp
Cr. Rupp spoke regarding his relationship with Mr. Boyd. He was the lead on trail systems in
Bozeman.
0:15:34 Vote on the Motion to approve Resolution No. 4171 (Renaming Burke Park Ridge
Trail the Chris Boyd Memorial Trail).
Those voting Ave being Crs Runn.Becker,Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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Minutes of the Bozeman City Commission Meeting,July 27,2009
0:16:18 2. (Public Hearing) for Downtown Business Improvement District(BID) Fiscal
Year 2010 Work Plan and Budget (Chris Naumann, Executive Director, Downtown
Business Improvement District)
0:16:30 Chris Naumann, Executive Director,Downtown Business Improvement District
Mr.Naumann gave the presentation regarding the Downtown Business Improvement District
(BID) Fiscal Year 2010 Work Plan and Budget. State law identifies that the Commission must
approve the annual work plan and budget. There are no fiscal effects on the City proper.
0:17:50 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:18:06 Motion and Vote to approve the Downtown Business Improvement District Fiscal
Year 2010 Work Plan and Budget.
It was moved by Cr. Becker, seconded by Cr. Bryson to avvrove the Downtown Business
Improvement District Fiscal Year 2010 Work Plan and Budget
Those voting A e being Crs. Becker Bryson,Ruj2y and De pull Mayor Krauss.
Those voting No being none
The motion Passed 4-0
0:18:26 3. Provisional Adoption of Ordinance No. 1765: An Ordinance of the City
Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement
District(Sullivan)
0:18:37 Greg Sullivan, City Attorney
Mr. Sullivan gave the presentation regarding the Provisional Adoption of Ordinance No. 1765:
An Ordinance of the City Commission of the City of Bozeman, Montana, Creating a Tourism
Business Improvement District. This only applies to hotels.
0:20:07 Cr. Rupp
Cr. Rupp spoke regarding the board membership.
0:20:48 Cr. Bryson
Cr. Bryson spoke regarding the Board's power of acquiring and selling property. This should be a
specific provision.
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Minutes of the Bozeman City Commission Meeting,July 27,2009
0:22:41 Cr. Becker
Cr. Becker spoke regarding a Commission Liaison appointment.
0:22:56 Mr. Sullivan
Mr. Sullivan stated that this is not required under the way the statute is created.
0:23:07 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:30:35 Motion to provisionally adopt Ordinance No. 1765 with an additional provision in
2.90.020 sub a. Listed as item No. 10,we authorize acquisition and disposal of real property
with the consent of the City Commission.
It was moved by Cr. Bryson, seconded by Cr. Rupp to provisionally adopt Ordinance No.
1765 with an additional provision in 2.90.020 sub a. Listed as item No. 10,we authorize
acquisition and disposal of real property with the consent of the City Commission.
0:40:37 Amendment to the Main Motion to add to the BMC (page 9 of 11 G. Work Plan
and Budget) "The Board of Trustees for the BTBID, in consultation with the Bozeman
Convention and Visitors Bureau, shall annually prepare a work plan, and budget(add the
word "audit")and submit the same to the Bozeman City Commission'.
It was moved by Cr. Rupp, seconded by Cr. Becker to add to the BMC One 9 of 11 G.
Work Plan and Budget) "The Board of Trustees for the BTBID, in consultation with the
Bozeman Convention and Visitors Bureau,shall annually prepare a work plan, and budget
(add the word "audit") and submit the same to the Bozeman City Commission".
0:44:16 Vote on the Amendment to the Main Motion to add to the BMC (page 9 of 11 G.
Work Plan and Budget) "The Board of Trustees for the BTBID, in consultation with the
Bozeman Convention and Visitors Bureau,shall annually prepare a work plan, and budget
add the word "audit") and submit the same to the Bozeman City Commission".
Those voting Ave being Crs.Rupp, Becker,Bryson and Deputy Mavor Krauss.
Those voting No being none.
The motion passed 4-0.
0:44:30 Vote on the Main Motion (as amended)to provisionally adopt Ordinance No. 1765
with an additional provision in 2.90.020 sub a. Listed as item No. 10,we authorize
acquisition and disposal of real property with the consent of the City Commission.
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Minutes of the Bozeman City Commission Meeting,Juty 27,2009
Those voting Ave being Crs. Bryson,Rupp,Becker and Deputy Mavor Krauss
Those voting No being none.
The motion passed 4-0.
0:44:52 4. Custodial Contracts for City Owned Buildings for Fiscal Year 2009-2010
(Goehrung)
0:45:07 James Goehrung, Director of Facilities
Mr. Goehrung gave the staff presentation regarding Custodial Contracts for City Owned
Buildings for Fiscal Year 2009-2010.
0:46:18 Deputy Mayor Krauss
Deputy Mayor Krauss spoke regarding the costs for cleaning the library.
0:46:55 Deputy Mayor Krauss
Deputy Mayor Krauss spoke regarding possible staff position instead of bidding the work out.
0:47:03 Mr. Goehrung
Mr. Goehrung spoke regarding the costs of hiring staff compared to contracting the work out.
0:50:44 Deputy Mayor Krauss
Deputy Mayor Krauss spoke regarding bidding this out again.
0:52:41 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:53:10 Motion to award the 2009-2010 Custodial Contract for City owned Buildings as
outlined in the staff report.
It was moved by Cr.Rupp, seconded by Becker to award the 2009-2010 Custodial Contract
for City owned Buildings as outlined in the staff report.
1:05:04 Motion to table.
It was moved by Cr. Becker,seconded by Cr. Bryson to table.
1:07:00 Vote on the Motion to Table.
Those voting Ave being Crs.Becker,Bryson, Rupp and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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Minutes of the Bozeman Cig•Commission Meeting,July 27,2009
1:07:13 5. Decision on Professional Services Agreement with Michelle Puiggari for
Investigation into Various City Hiring Practices (Sullivan)
1:07:27 Mr. Sullivan
Mr. Sullivan gave the staff presentation regarding the Decision on Professional Services
Agreement with Michelle Puiggari for Investigation into Various City Hiring Practices.
1:08:43 Cr. Rupp
Cr. Rupp spoke regarding the destruction of records that have already obtained.
1:09:11 Mr. Sullivan
Mr. Sullivan will come back with an opinion on this.
1:10:02 Public Comment
Deputy Mayor Krauss opened public comment.
1:10:16 Rick Klein.Public Comment
Mr. Klein spoke regarding his concern of spending money on the investigator.
1:11:23 Public Comment closed
Deputy Mayor Krauss closed Public Comment.
1:11:36 Motion to authorize the Mayor to sign a Professional Services Agreement with
Michelle Puiggari for investigation into various city hiring practices.
It was moved by Cr Becker, seconded by Cr Bryson to authorize the Mayor to sign a
Professional Services Agreement with Michelle Puiggari for investigation into various city
hiring practices.
1:11:48 Cr. Rupp
Cr. Rupp would like to see the investigation completed faster than the October 1 st deadline as
listed in the contract.
1:17:12 Deputy Mayor Krauss
Deputy Mayor Krauss spoke regarding the levels of Commission review.
1:22:47 Cr. Rupp
Cr. Rupp stated that he would like to see it done by September 1 st.
1:26:36 Vote on the Motion to authorize the Mayor to sign a Professional Services
Agreement with Michelle Puiggari for investigation into various city hiring practices.
Those voting Ave being Crs Becker,Bryson,Rupp and Deputy Mayor Krauss.
Those voting No being none.
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Minutes of the Bozeman City Commission Meeting,July 27,2009
PREPARED BY:
A 2
Stacy 51
CM , Cl* Clerk
Approved on 0? o�00
41
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