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01. Resolution 5429 - TBID Work Plan, Budget and Assessmenti R�: ►\�II]i1Pli Tel 406.758.7708 Fax 406.758.7771 charbalI@kalispel1.com To: Mayor 'T`ammi Fisher and Kalispell City Council FROM: Charles Harball, City Attorney Jane Howington, City Manager SUBJECT: Resolution 5429 — a Resolution approving the work plan and budget recommended by the Board of Directors of the Tourism Business Improvement District and adopting a method and amount of assessment -- Appointment of Chairman of the TBID Board MEETING DATE. May 17, 2010 — Regular Council Meeting BACKGRO : The City Council has passed Resolution 5419 establishing the Tourism Business Improvement District and will have passed Ordinance 1675, establishing the rules and regulations for the Tourism. Business Improvement District on second reading if this matter is before the Council. The Board of Directors appointed by the Council has met and is recommending to the Council a work plan and budget, as well as a proposal on method and amount of assessment. These materials have been published on. the City's website and notice has been provided to the public and particularly to the individual property owners within the district. A public hearing gill be held just prior to Council consideration to alloy Council the opportunity to hear from the public. Further, the TBID Board of Directors have also provided the Council with the recommendation that Chris Walters be appointed as the first Chairman of the Board. of Directors. RECo OEN).A'T`ION: The staff recommends that the City Council pass Resolution No. 5429 accepting and approving the work plan and budget of the Tourism Business Improvement District and to approve the recommended assessment of $1.25 per occupied room per night. The staff further recommends that the Council, by motion, appoint Chris Walters as the first Chairman of the Board of the TBID. FISCAL IMPACTS: It is the intent and hope of the business owners that the assessments provided to this district shall be used to generate increased business to the ultimate fiscal benefit of the businesses and the City. Respectfully submitted, Charles AaAall, City Attorney ane Howington, City AMnager RESOLLUTION NO, 5429 RESOLUTION PPROWORK PLAN D BUDGET O, THE FISCAL YEAR 2010-2011 FOR THE KALISPELL TOURISM BUSINESS IMPROVEMENT DISTRICT AS RECOMMENDED BY ITS BOARD OF DIRECTORS, WHEREAS, pursuant to Section 7--12-1101. , et seq., MCA, the City of Kalispell on May 3, 2010, passed Resolution 5425 creating a Tourism Business Improvement District; and WHEREAS, the City Council of the City of Kalispell thereafter appointed a board of directors for the Tourism Business Improvement District, which board convened and has now recommended to the City Council a work plan and budget for the Tourism Business Improvement District for the next fiscal year; and WHEREAS, pursuant to Section 7-1.2-I i 32 MCA, City Council issued a public notice that a work plan and budget had been submitted and that the City Council would levy an assessment to defray the cost of the work plan and budget; and WHEREAS, on May 17, 2010, the City Council held a public hearing on objections to the work plan and budget; and WHEREAS, having given adequate consideration to the work plan and budget presented, as well as the proposed method of assessment the City Council now finds that it is in the best interests of the City as well as the District and the properties therein to accept the work plan and budget, as well as the proposed assessment method. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF KA.LISPELL AS FOLLOWS: SECTION I. The proposed work plan and budget of the Tourism Business Improvement District, attached hereto Exhibit "A" and fully incorporated herein by this reference, is hereby approved and adopted for the fiscal year 2010-2011. SECTION II. The proposed assessment formula of the Tourism Business Improvement District is hereby approved and adopted for the fiscal year 2010-2011. That assessment formula to be applied against all properties within the Tourism. Business Improvement District shall be $1.25 per occupied room per night. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY OF IALISPELL, THIS 17TH DAY OF MAY, 2010. Tamrni Fisher Mayor ATTEST. - Theresa white City Clerk Kalispell Tourism Marketing Plan and Budget: Approved by the Kalispell TBID Board of Directors — May 10, 2010 Approved by Kalispell City Council - Prepared by Doii Muehlhof Purpose The purpose of this marketing plan is to establish the framework of goals, strategies and measurable objectives to increase room nights for the Kalispell hoteliers. The mission will be to create a Kalispell brand for the recruitment of meetings and conventions, group and leisure travelers, as well as sporting events for the purpose of economic and cultural growth for Kalispell and the Flathead Valley. The Kalispell ChamberlCVB and 16 lodging partners in the city of Kalispell are entering the inaugural year of the development and implementation of a Tourism Business Improvement District (TBID). Securing incremental tourism funding through the TBID will greatly enhance and accelerate the current marketing efforts of the CVB, limited to date by minimal bed tax funding. Collections for the TBID will permit the assessed hoteliers opportunities to participate in marketing programs, trade shows and sales calls. And, will provide greater resources to increase online marketing and increase advertising and social media. Cities across Montana are employing this new funding strategy to more competitively sell in an increasingly more aggressive marketplace. Identity Kalispell is known as the historical center of the Flathead Valley. The National Registry of Historical Places notes Kalispell with 61 registered places and 4 registered historical districts. The historical charm shines brightest with Kalispell's three premiere museums: Conrad Mansion Museum, Hockaday Museum of Art and Museum at Central School. EXHIBIT "A" Revised 5/ 11 /2010 Kalispell is the gateway to the area's biggest attraction - Glacier National Park. It is also the hub to all the cultural, historical and recreational experiences throughout the Flathead Valley. Strengths Historic architecture Quality, diverse lodging * Art galleries and three museums of exceptional quality * Business center for the Flathead Valley Gateway to Glacier National Park Home to Glacier Park Int'I Airport (FCA) No sales tax ® World class recreation nearby (skiing, golf, rafting, etc) Challenges • Lack of identity ® Airline challenges • Gas prices/Economy ® Fluctuating Canadian exchange rate • Glacier National Park Going -to -the -Sun Road Rehabilitation Goals • Create Website ® Contract for PR services • Create a Fulfillment Piece (traditionally a Travel Guide) • Establish relationships with Kalispell Downtown Association (RDA) and Kalispell Business Improvement District (BID) • Commission a collaborative branding campaign with City of Kalispell, KDA, Kalispell BID, etc. • Establish collaboration with local event organizers • Promote existing events * Grow winter and shoulder markets (Nov --May) * Capitalize on Canadian Holidays * Incorporate the Montana Branding Initiative • Incorporate the Montana Tourism Strategic Plan Measurable Objectives Increase lodging occupancy in Kalispell by 2% o Measured by the STR. Global "Destination Reports". Destination Reports provide accurate performance information on occupancy (occ), average daily rate (ADR) and revenue per available room (ReVPAR) for any region, city, market or sub -market. Total room supply, room demand and room revenue are also available. o Generate 200 qualified meeting and convention leads Book 2 conventions/meetings (goal of 100+ ppl, 3+ nights) o Generate 100 qualified motorcoach group leads N Book 2 motorcoach groups (goal of 30-40 ppl, 1+ nights) o Generate 50 qualified sporting events leads 0 Book I sporting event o Create a promotional database of 2,000+ leisure travelers o Create a media database of 1,000 targeted travel writers, editors, etc. Page 2 of 5 Revised 5/11/2010 FGeographic Markets 1. Individual Traveler a. Regional Drive Market: AB, WA, MT & ID b. Fly Market: Seattle, Minneapolis, Salt Lake City, Denver, Chicago, Vegas/Phoenix c. International Market 2. Group: a. Pacific Northwest/Mountain Region: AB, WA, OR, MN, CO &. ID Market Segments 1. Individual Traveler a. Leisure Traveler i. Retail ii. Recreation iii. Culture iv. Medical/Educational b. Events C. Travel Clubs: AARP, AAA, etc. d. FIT Wholesale 2. Group (Groups of Soo or less) a. Meetings & Convention (Association, Corporate & Government) b. SMERF (Social, Military, Educational, Religious & Fraternal) C. Motorcoach/Bus Tour Marketing Methods Sales Mission o Trade Shows ■ For Example... ® Affordable Meetings West 0 ABA (American Bus Assoc. — Motorcoach Tours) S Connect Marketplace (SMERF Meeting Planners) 0 Seattle Adventure in Travel Show R Calgary outdoor Travel & Adventure Show e SportTravel's TEAMS show o Sales Calls For Example... 3 ra Party Meeting Planners x Corporate Meeting Planners o Familiarization Tours (aka FAMs) • Group Leader FAM • Travel Writer FAMIPress Trip o Memberships (to provide networking opportunities) • For Example... • MSAE (Montana Society of Association Executives) • MPI (Meeting Planners International) • ABA (American Bus Assoc.) Pa,ge 3 of 5 Revised 5/ 11 /2010 0 NASC (National Assoc. of Sports Commissions) ® Advertising ❑ Newspaper ❑ Magazine ❑ Radio ❑ Internet. Social Networking ❑ Facebook, Twitter, Blog Public Relations ❑ For Example... ❑ Generate bi-monthly press releases ❑ Quarterly story leads ❑ Travel writer FAM trip Direct Mail ❑ For Example... ❑ Returning Guest Campaign ❑ Canadian Holiday Campaign ❑ Pre &. Post Trade Show Attendee Campaign Visitor Information Center (VIC) Staffing ❑ Extend staffing to include weekend coverage Market Summary Historical Bed Tax Collections (4% of lodging price) Kalispell whitefish 1998 $ 3481386 $ 3031598 1999 $ 361,759 $ 3285130 2000 $ 3725976 $ 354,060 2001 $ 377,476 $ 3525390 2002 $ 3641545 $ 3621fi42 2003 $ 3901036 $ 378,232 2004 $ 402,705 $ 4205104 2005 $ 4451)639 $ 451,734 2006 $ 491,668 $ 524,650 2007 $ 6261582 $ 5741737 2008 $ 6775422 $ 586,651 Market Shifts In June 2007, two new hotels open in Kalispell (Hilton Garden Inn, Holiday Inn Express). Competition • whitefish, MT 0 Spokane, WA • Big Sky, MT + Coeur d'Alene, ID • west Yellowstone, MT ! Boise, ID Page 4 of 5 Kalispell Bed Tax & TBID Hoteliers 1. Outlaw Inn 9. Econo Lodge Z. Red Lion Hotel 10. Super 8 3 . Hilton Garden Inn 11. Travelodge 4. Motel 6 1 2 . Glacier Peaks Inn 5. Hampton Inn 13. Hilltop Inn 6. Holiday Inn Express 14. Kalispell Grand 7. Blue & White Motel 15. Glacier Ridge Suites 8. Comfort Inn 16. Aero Inn Budget: Marketing Support Staff $811)400 24% Administrative $191)000 6% Web Site $ 8,000 3% Marketing, Promotion, and Sales $226,600 67% Total $335100 100% May 19, 2010 To: Lodging Owners/General Managers From: Chris Walters —Chairman of the Board, Kalispell Tourism Business Improvement District Re: Tourism Business Improvement District (TBID) Assessment Attached is the resolution from Mayor Fisher regarding the approval of the TBID. over the past year We've Worked diligently in coming up With a Way of ensuring our ability to continue to acquire our share of the business. Now comes the time to implement the TBID. As noted each lodging facility operator with five or more rooms must charge $1.25 per rented room per night effective June 17, 2010. Note, there are several exemptions which follow the state guidelines by the Montana Department of Revenue Lodging facility Use Tax Information Guide. In order to provide guidance in the implementation, the TBID at its next meeting will provide an in-depth discussion of who is and isn't exempt, educational material for your front desk/guest service agents and key people to contact with questions. I encourage all of you to attend. In order to get a jump start the following represents a list of things a property should be working in implementing prior to the June 17, 201 o effective date. Front office System s/Regi sters - The association's recommendation is all systems add an additional line which states Tourism Business Improvement District Assessment or TBID Fee. For example a folio for one night's rent would show as follows: Room 110 $60. o0 Tax - 110 $ 4.20 TBID Fee 110 $ 1.25 Balance Due $65.45 II. At the TBID meeting on May 26, 2010, we will provide a letter from the Mayor outlining that in fact the TBID Fee has been implemented city-wide. This should help with guests who ask "what is this fee?" or, "I didn't use this fee". III, All groups who were previously booked and you have contracts for, should be notified that the TBID Fee was recently passed and is effective June 17, 2010. Just since the group was contracted before the TBID Fee does not mean they are exempt from the Fee. Unless they fall under the existing Lodging Facility Use Tax Guidelines for Exempt Charges. IV. Front Desk Personnel - All personnel need to be made aware of this fee. Many questions, problems can be eliminated with proper education. I strongly encourage you to take the time to discuss with your staff s this new fee. The Tourism Business Improvement District Fee is not "just another tax". This fee is collected by the City Lodging Facility owners, controlled by a board of Lodging Facility owners or their designee. So please, just don't say "it's just another tax" it is not. Finally, I encourage all of you to attend the at the Kalispell Chamber on May 26, 2010 at 3 : oo pm. Should you have any questions or need guidance prior to the meeting feel free to contact myself at 406-758-2570. Tourism Business Improvement District of Kalispell, Montana General Instructions Reporting and remitting assessment. Each lodging facility shall, on or before the last day of the month following the close of each calendar quarter, shall complete the Tourism Business Improvement District reporting form which shows the total number of rooms occupied during the reporting period, and the amount of assessment collected from all occupied rooms. At the time the return is filed, which shall be simultaneous with the report to the state of Montana regarding bed tax collections. Returns are due immediately upon cessation of business for any reason. All assessments collected by lodging facility shall be held in trust for the account of the Tourism Business Improvement District of Kalispell, Montana until payment thereof is made to the Kalispell City Treasurer. Records to be kept. It shall be the duty of every lodging facility liable for the collection and payment of any assessment imposed, to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such assessment as may have been liable for the collection of and payment to the Kalispell City Treasurer. Delinquent payment - Penalties and interest. A. Any lodging facility that fails to file a required return, statement, or other report with Kalispell City Treasurer by the due date, including any extension of time, of the return or report must be assessed a late filing penalty of $50 on the amount of the TBID fees due, whichever is less. B. Any lodging facility that fails to pay the TBID fees when due must be assessed a late payment penalty of . S 3 % a month, or a fraction of a month, on the unpaid TBID fees. The penalty may not exceed 10% of the amount due. The penalty accrues on the unpaid TBID fees from the original date of the return regardless of whether the taxpayer has received an extension of time for filing a return. Failure to collect and report - Determination of assessment by finance director. A. If any lodging facility fails or refuses to collect the assessment and to make, within the time provided for report and remittance of the assessment or any portion thereof required, the Kalispell City Treasurer shall proceed in manner which assumes full occupancy for all rooms of the hotel property for the purpose of estimating the base upon which to calculate the assessment due. The Kalispell City Treasurer shall proceed to determine and assess against such lodging facility, the assessment and penalties. B. In case such determination is made, the Kalispell City Treasurer shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the lodging facility so assessed at its last known place of address. Such lodging facility may, within 10 days after the serving or mailing of such notice, make application in writing to the Kalispell City Treasurer for a hearing on the amount assessed. C. If application by the lodging facility for a hearing is not made within the time prescribed, the assessment, and penalties, if any, determined by the Kalispell City Treasurer, shall become final and conclusive and immediately due and payable. If such application is made, the Kalispell City Treasurer shall give not less than five days' written notice to the lodging facility, to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such assessment and penalties. D. At such hearing, the lodging facility may appear and offer evidence why such specified assessment and penalties should not be so fixed. After such hearing, the Kalispell City Treasurer 2 shall determine the proper assessment to be remitted, and shall thereafter give written notice to the lodging facility in the manner prescribed herein of such determination and the amount of such assessment and penalties. The amount determined to be due shall be payable after 15 days unless an appeal is taken. Actions to collect. Any assessment required to be paid by the lodging facility shall be deemed a debt owed by the lodging facility to the Tourism Business Improvement District and placed on the lodging facility's property tax bill by Flathead County. 3 Tourism Business Improvement District Return Instructions Line 1. Total Room Nights for the Quarter: total rental units for the use of lodging facilities. Line 2. 30 Day Continuous Room Rentals: Charges for any individual that rents the same room for over 30 continuous days. Line 3. Federal Employee Exemptions: Charges for federal employees that use a federal credit card that is approved by the department or if you send bill directly to the Federal Government. Line 4. Uncollectible charges: (example - NSF checks, cancellations, etc) Line 5. other: please attach a separate sheet of paper explaining other circumstances. This Would include but not be limited to comp rooms. Line 5. Net Room Nights: Deduct tines 2, 3, 4, and 5 from llnel. Total Room Nights less 30 Day Continuous Room Rentals, Federal Employee Exemptions, Uncollectible Room Nights and Other. Line 7. Net Room Nights x $1.25: Amount that will be levied for the TBID fees for the quarter Fein: Property Federal Tax Identification number Property Tax Code. Property Tax Code that will be used for billing TBID assessment Tourism Business Improvement District of Kalispell, Montana REPORTING PERIOD 4th Quarter -. April, May, June - 2010 Fein: (Preprinted) Property Tax Code (Preprinted) Quarter Ending: (Preprinted) Monthly Breakdown of Room Night Fees Collected Room Nights: show the Room Nights: actual month Room Nights: preprinted Signature: Phone: Name of Property Physical Address Mailing Address: Return this Form to: Date: Kalispell City Treasurer P. O. Box 1997, Kalispell, MT 59903 001101►►►►►1►1lei :IMtell �:11601 1. Total Room Nights for the Quarter 2. Less 30 Day Continuous Room Night Rentals 3. Less Federal Employee Exemption Room Nights 4. Less Uncollectible Room Night Fees 5. Other: Attach Explanation (Comp Rooms etc.) 6. Net Room Nights 7. Net Room Nights x $1.25 Title: _ Zip Code Zip Code This form is due on the last day of the month following the close of the reporting quarter. 15t Quarter -July, August, September Report Due October 31 2nd Quarter -October, November, December Report Due January 31 3rd Quarter- January, February, March Report Due April 30 4th Quarter- April, May, June Report Due July 31 F, June 11, 2010 Kalispell Hotel or Motel Guest: Greetings: On May 3, 2010, the Kalispell City Council approved Resolution No. 5 4 2 5 th at created Kali spell Touri sm Business Improvement Di strict ( T B I D } . The district's purpose is to promote tourism in and around Kalispell, thereby helping to support and grow business opportunities for the city's hotels and motels. Effective on June 17, 2010, all hotels and motels with five (5) or more rooms will be assessed $1.25 per occupied room night. Stays by guests that are exempt from the transient occupancy or lodging facility use tax are also exempt from the TBID assessments. Ordinance No. 1675 appoints the district Board of Trustees. This Board will govern the operations of the district, including developing an annual work plan and budget. Please feel free to contact the Kalispell Tourism Business Improvement District staff at 406-758-2800 if you have questions about the district's creation or operation. Sincerely, Tammi Fisher Mayor 5