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G. TBID Public HearingClerk's Office 201 1st Avenue East PO Box 1997 Kalispell, MT 59903 ALISPELL Phone: 75&7756 cityclerkgkk@kalispell.com www.kalispell.com MEMORANDUM REPORT TO: Doug Russell, City Manager FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager MEETING DATE: December 2, 2019 RE: Public Hearing to Establish the Kalispell Tourism Business Improvement District (TBID) BACKGROUND: The Kalispell Tourism Improvement District will statutorily expire at the end of this fiscal year pursuant to MCA V-12-1141. In anticipation of this expiration, owners of many of the properties subject to and benefitted by the District directed their executive director to circulate a petition to reestablish the District effective the next fiscal year. Owners of lodging facilities representing 97.45% of the area within the proposed district responded by submitting petitions to reestablish the tourism business improvement district. To establish a district pursuant to MCA §7-12-1111(4), property owners of at least 60% of the land area within the proposed boundaries must petition the City for the creation of the district. By statutory definition, the specific noncontiguous boundaries of a hotel business improvement district are all parcels, tracts, lots and blocks within the corporate limits of the City where a five or more room hotel is located and that provide overnight stays as a lodging facility for transient patrons as its business. Resolution 5947, a statement of intent by the City Council to consider the petitions to reestablish the tourism improvement district and call for a public hearing pursuant to the requirements of MCA §7-12-1112 passed unanimously November 4, 2019. A notice of the hearing was published and mailed to all lodging owners in the proposed district. The notice informed the hotel facility owners that they may file a protest with the City against the formation of the district and that the protest must be received within 15 days of the first publication and mailing per MCA § 7-12- 1113. As of November 26, 2019, no protests have been received. During the December 2, 2019, council meeting the Mayor will open the public hearing and ask for any public comment on the reestablishment of the Tourism Business Improvement District. A resolution to re-establish is scheduled for Council consideration during the December 16, 2019 meeting. RECOMMENDATION: Mayor Johnson open the public hearing and call for public comment regarding the reestablishment of the Tourism Business Improvement District pursuant to the terms of Title 7, Chapter 12, Part 11 of Montana Code Annotated. ATTACHMENT: Public Hearing Notice CITY OF KALISPELL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council on the 4th day of November, 2019, passed Resolution No. 5947 declaring an intention to create a business improvement district within the City of Kalispell, pursuant to Title 7, Chapter 12 Montana Code Annotated and specifically § 7- 12-111 ] (4), that is directed toward the common purpose of providing overnight stays at lodging facilities. The properties within the business improvement district are more particularly described in Exhibit "A" attached hereto. Said Resolution No. 5947 declares that the creation of such a business improvement district will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and will be of special benefit to the property within the boundaries of the district. Upon the creation of such a business improvement district, a board of trustees will be appointed by City Council, which board shall have such authority as permitted by MCA Section 7-12-1131 and shall recommend to the City Council, pursuant to MCA Section 7-12-1133, a method of levying an assessment on the property within the district which will best ensure that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. NOTICE is further given that for a period of fifteen (15) days after November 10, 2019, that date being the first day of publication of this Notice in the Daily Inter Lake, the City Clerk will receive from the property owners in the area proposed to be included in the business improvement district, written protests against the extent or creation of the district to be assessed, or both. The City Council of the City of Kalispell shall hold a public hearing on the 2nd day of December, 2019, at 7:00 p.m., in the Council Chambers, City Hall, Kalispell, Montana and consider all communication received by the City Clerk pursuant to this Notice. After considering the same, the Council shall proceed to hear and pass upon all protests and may duly and regularly pass and adopt a Resolution approving the creation of the business improvement district as described in Exhibit "A". Its decision shall be final and conclusive. If passed, the time when the said Resolution shall go into effect shall be fixed by said Resolution. Publish: November 10, 2019 November 17, 2019 -'Wl�Yr�ze-� biw� Ai ee Brunckhorst, CMC IAI:I -Clerk V %, .. ...Fs. t �.. l SEAL 1892 111111 EXHIBIT "A" Legal Description Kalispell Tourism Business Improvement District The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies all of the following lodging businesses located at the respective described street addresses and within the respective described legal parcel. Aero Inn,1830 Highway 93 South Siri Hari LLC,1130 E. Main St, Cut Bank, MT 59427 Assessor No. 0112600 Acres 1.47 Lot I of the Resubdivision of Lot 1 of Block 1 of Airport Addition to Kalispell, Subdivision 73, in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana America's Best Value Inn,1550 Highway 93 North SHRI Karishna, LLC,1130 E. Main St., Cut Bank, MT 59427 Assessor No. 0976349 Acres 0.94 Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Blue & White Motel, 640 East Idaho Blue & White Motel, Inc., PO Box 249, Kalispell, 59903 Assessor No. 0084500 Acres 2.81 Tracts 30-18, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Econo Lodge Inn & Suites,1680 Highway 93 South SHRI HARI LLC,1130 E. Main St., Cut Bank, MT 59427 Acres 1.47 Assessor No. 0703050 Unit 1 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Assessor No. 0971720 Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (Johnson Properties LLC) Assessor No. 0277026 Unit 2 of Diamond Lil' s Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Fairbridge Inn & Suites,1701 Highway 93 South RM119 LLC, PO Box 66, Harrison, ID 83833-0066 Assessor No. 0877530 Acres: 4.67 and 2.29 Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Glacier Ridge Suites, 2811 st Avenue WN Camren Center LLC, 281 1" Ave WN Assessor No. 0946500 Acres 0.1.6 Lots 19 and 20 in Block 6, Kalispell Original Townsite, in Section 18, "Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hampton Inn Kalispell,1140 Highway 2 West Spring Creek Development, LLC,12906 N. Addison St, Spokane, WA 99218 Assessor No. 0981479 Acres 4.78 Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Hilton Garden Inn, 1845 Highway 93 South Kalispell Hotel, LLC, Assessor No. 0586900 Acres 3.44 Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Holiday Inn Express, 275 Treeline Road DNRC, Property Owner: Cal Clausen, Sterling Hospitality, 8923 E. Mission #135, Spokane Valley, WA 99210 Assessor No. 0012481 and 0503466 Acres 3.45 Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana Homewood Suites by Hilton, 195 Hutton Ranch Rd Buffalo Ventures II LLC, 17 Lockwood Dr., Ste, 400, Charleston, SC 29401 Assessor No. 0501948 Acres 3.21 Lot 6 of Hutton Ranch Plaza Phase 1 Subdivision in the Northwest quarter and Southwest quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana Kalispell Grand Hotel, 100 Main Street CM Clark, PO Box 986, Kalispell, 59903 Assessor No. 0020900 Acres 0.16 Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana Marriott Springhill Suites, 250 Old Reserve Drive DNRC, Property Owner: Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0014871 Acres 2.304 That portion of the south one-half (S 1/2), Section 36, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana, more particularly described as follows: Commencing at the center 1/4 corner of said Section 36; thence along the East-West mid -section line of said Section 36, S89°58'06" E 867.68 feet to the southerly right-of-way of Reserve Loop and to the beginning point of a curve to the left having a radius of 935.04 feet from which the radius point bears N21 °02'033" E, thence along said right-of-way and along said curve an arc length of 342.96 feet; thence continuing along said right-of-way S89°58'22" E 57.56 feet to the true point of beginning of the tract of land herein described; thence continuing along said right- of-way S89°58'06" E 335.13 feet; thence S00°12'01" W 300.00 feet; thence N89°58'06" W 333.92 feet; thence N00°01'47" W 300.00 feet to the true point of beginning, containing 2.304 acres. Montana Base Camp, 1000 Base Camp Drive Andy Matthews Assessor No. 001391.1 Acres 47.8 Tract 1 and Tract 2 of Certificate of Survey 20796 in the Southern Half of the Southeast Quarter of Section 29 and North Half of the Northeast Quarter of Section 32, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Motel 6, 1540 Highway 93 South Ashish Patel, Rujava LLC, 818 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0599250 Acres 1.87 A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block I of the Plat of Poston Addition in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana My Place, 755 Treeline Rd Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0507168 Acres 2.29 Lot 1 of Treeline Center Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Quality Inn, 1330 Highway 2 West Nikhil Parekh, Rujava LLC, 81.8 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0428680 Acres 2.65 A portion of Tract 1 B in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Red Lion Hotel, 20 North Main RLH Corp, Gary Sims, 1.550 Market St, Ste 350, Denver, CO 80202 Assessor No. 0974450 Acres 22.45 Tracts SBA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the Southeast Quarter in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Super 8,13411st Avenue East RL Morse Inc, 1341 1" Ave E, Kalispell 59901-5801 Assessor No. 0036470 Acres 1.01 Tracts 5XB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Travelodge, 350 North Main Hari Darshan LLC,1130 E. Main St., Cut Bank, MT 59427-3126 Assessor No. 0263865 Acres 0.964 Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana