1. Resolution 5419 - Resolution of Intent and Call for Public Hearing - Tourism Business Improvement DistrictCharles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
1W
101010VOW,!�
Mayor Tammi Fisher
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
Resolution No. 5419 — A Resolution of Intention to Create a
Business Improvement District Pursuant To MCA 7-12-1111(4)
and to Call for Public Hearing
March 22, 2010 — Special Council Meeting
BACKGROUND: A group of hoteliers, working with the Chamber of Commerce,
have been meeting to determine whether or not and under what terms they may
petition to form a Business Improvement District. Under the terms of MCA 7-12-
111(4) a district without contiguous boundaries may be formed from properties in a
district that have a common purpose of providing overnight stays at lodging
facilities and which encompasses all properties in the district with the same
identified purpose. This group, comprised of sixteen properties, has now drafted a
petition and obtained the necessary signatures to present to the City Council and is
asking that the Council pass a resolution of intent to form the district and to call for
a public hearing.
RECOMMENDATION: The staff recommends that the City Council pass
Resolution No. 5419 stating its intent to form the business improvement district, to
call for a public hearing and to publish and mail such notice.
FISCAL I ACTS: Other than the nominal cost of publication and mailing, no
fiscal impacts are anticipated from this action at this time.
Respectfully submitted,
Charl rbal, , City Attorney(,Jane Howington, City Manager
DISTRICTA RESOLUTION OF INTENTION TO CREATE A BUSINESS IMPROVEMENT
FOR OF i PURSUANT !
TO FIX A DATE OF PUBLIC HEARING,TO PROVIDE F! r
PUBLICATION OF NOTICEOF HEARING.
WHEREAS, pursuant to § 7-12-1101, et seq., MCA, the City of Kalispell is authorized to create
business improvement districts; and
WHEREAS, the City of Kalispell has been presented with a petition, signed by the owners of
more than 60% of the area of the property to be included in the district, the specific
description of which is set forth on the attached Exhibit "A" and which by this
reference is made a part hereof, and
WHEREAS, the aforementioned petition requests that the City of Kalispell create a business
improvement district for up to ten (10) years, pursuant to § 7-12-114, MCA; and
WHEREAS, the stated purpose of said business improvement district appears to promote the
health, safety, prosperity, security and general welfare of the inhabitants of the City
of Kalispell and the proposed district, and appears to be of special benefit to the
property within the boundaries of said proposed district as shown on the attached
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Kalispell
improvement district
Code Annotated.
City Council intends to create a business
pursuant to Section 7-12-1111(4), Montana
SECTION II. Said business improvement district would have the specific
description of which is set forth on the attached Exhibit "A" which by
this reference is made a part hereof.
SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter
Lake, a daily newspaper published at Kalispell, Montana, proper
notice of this Resolution of Intention at least once a week for two
successive weeks; and give said notice in writing, addressed to all
property owners within the proposed business improvement district.
SECTION IV. For a period of fifteen days after the first publication of said notice by
the City Clerk, said City Clerk will receive expressions in writing of
the approval or disapproval of the proposed business improvement
district from property owners in the area proposed to be included
within the business improvement district.
SECTION V. At the regularly scheduled meeting of the City Council of the City of
Kalispell, next succeeding the expiration of said fifteen days, the City
Clerk shall forward all written communication received by said Clerk
for Council's consideration.
SECTION VI. The City Council of the City of Kalispell shall hold a public hearing
to consider the proposed business improvement district at a meeting
to be held on the 5th day of April, 2010, at 7:00 p.m., in the Council
Chambers, 201 First Avenue East, Kalispell, Montana, and
subsequent to the conclusion of said meeting the City Council, after
considering all spoken and written communication, may adopt a
resolution creating the business improvement district that has been
petitioned.
SECTION VII. The City Clerk is authorized and directed to give notice of said
meeting in accordance with § 7-1-2121, Montana Code Annotated.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 22ND DAY OF MARCH, 2010.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT 66A"
Legal Description
Proposed 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
(Bissell Revocable Trust)
Assessor No. 0112600
Lot IA 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
Blue & White Motel, 640 East Idaho
(Blue & White Motel, Inc.)
Assessor No. 0084500
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
Comfort Inn,1330 Highway 2 West
(BHG Kalispell LLC)
Assessor No. 0428680
A portion of Tract 113 in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana
Econo Lodge Inn & Suites,1680 Highway 93 South
(Bullette Company of Michigan LLC)
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
Glacier Peaks Inn,1550 Highway 93 North
(Northwest Hospitality Inc.)
Assessor No. 0976349
Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana
Glacier Ridge Suites, 281 lst Avenue WN
(Camren Center LLC)
Assessor No. 0946500
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)
Assessor No. 0981479
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
Hilltop Inn, 801 E Idaho Street
(Kalispell Hilltop LLC)
Assessor No. 0586900
Tract 2 of Certificate of Survey 8076 located in the Southeast Quarter of the Northwest Quarter and
the Northeast Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
Hilton Garden Inn,1845 Highway 93 South
(Kalispell Hotel, LLC)
Assessor No. 0586900
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
(Big Sky HIE, LLC)
Assessor No. 0012481
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
Kalispell Grand Hotel, 100 Main Street
(CM Clark)
Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
Motel 6,1540 Highway 93 South
(M-Six Penvest 1 Business Trust)
Assessor No. 0599250
A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston
Addition in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
Outlaw Inn,1701 Highway 93 South
(Kalispell Hospitality Company, Inc.)
Assessor No. 0877530
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
Red Lion Hotel, 20 North Main
(Red Lion Hotel Limited Partnership)
Assessor No. 0974450
Tracts 8BA 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 8,1341 lst Avenue East
(D c& D Inc. Hospitality Associates)
Assessor No. 0036470
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
(Montana Hospitality)
Assessor No. 0263865
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
• 0101 1.33c.
This is a petition to establish a tourism business improvement district ("District") in the City of
Kalispell, Montana, pursuant to the provisions of the Business Improvement District Act, as set
forth in Title 7, chapter 12, part 11, MCA.
Boundaries: The boundaries of the District should 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.
Term of District: The duration of the District should be the statutory limit of ten (10) years
from the date of approval of the resolution creating the District.
Purpose: The purposes for which the assessments collected should be used are the statutory
purposes set forth in Business Improvement District Act, as set forth in Title 7, chapter 12, part
11, MCA, such as:
A. The funding of all uses and projects for tourism promotion within Kalispell as
specified in the Kalispell Tourism Business Improvement District budget to be created;
B. The marketing of convention and trade shows that benefit local tourism and
lodging businesses in the Kalispell area;
C. The marketing of Kalispell to the travel industry in order to benefit local tourism
and the lodging businesses located within the district.
Amount of Assessments: All hotel properties within the corporate limits of the City of
Kalispell should be subject to an assessment of no more than $1.25 per occupied room per night.