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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Administration and Finance Committee Item: Resolution of intention to renew the Downtown Business Improvement District for an addition ten years Date: February 19, 2010 Prepared by: Marty Rehbein, City Clerk Initiated by: same Action Required: Adopt resolution and schedule public hearing Recommended Motion: I move the City Council adopt a resolution of intention extending the duration of the Missoula Downtown Business Improvement District for a period of 10 years and set a public hearing on the matter on March 22, 2010. Timeline: Referral to committee: February 19, 2010 Committee discussion: February 24, 2010 Public hearing: March 22, 2010 Deadline: April 5, 2010 Background and Alternatives Explored: The City Council first established the Downtown Business Improvement District on April 4, 2005, for a period of five years. The BID board of trustees has submitted a petition to extend the duration of the district for another ten years. In order to extend the district, the state law requires the city to follow the same process used to establish the district. A petition must be signed by property owners representing 60% of the total area of the district, and it requires that the boundaries of the district comply with applicable zoning regulations and may not be primarily zoned for residential purposes. As of the date of this referral, the petition submitted to my office contains property owner signatures representing 66% of the area of the district. The BID informs me that they intend to continue gathering petitions as the process moves forward. The next steps in the legal process are: adopt a resolution of intention and set a public hearing mail out notice to property owners in the district observe a 15 day protest period determine if there is an adequate statutory protest conduct a public hearing on the matter ---PAGE BREAK--- If there isn’t a sufficient legal protest from property owners in the proposed district, the Council may proceed with the renewal of the BID. The resolution of intention spells out the thresholds required for a sufficient legal protest. If any of those protest thresholds are met, no further action can be taken on the proposed district for one year. The resolution exempts the following properties: property owned by the federal government (not allowed by law) property that was zoned R-1, R-2 and R-3 under Title 19. property owners who receive property tax assistance Each year, the BID board of trustees must submit a budget and work plan for the City Council's approval. The Council considers this information as part of the City's overall budget process. Financial Implications: In 2009, the assessment levied for the BID totaled $267,775. The City's annual assessment is just under $23,000. Attachments: Sample of petition form Draft resolution of intention Map of district