HomeMy WebLinkAboutOrdinance No. 4208 - DowntownSpecialServiceDistrict.2ndReading ORDINANCE NO.
AN ORDINANCE CREATING AND ENACTING CHAPTER
16B OF THE ROCHESTER CODE OF ORDINANCES,
RELATING TO THE ESTABLISHMENT OF THE
DOWNTOWN SPECIAL SERVICE DISTRICT AND
REPEALING CHAPTER 16A OF THE ROCHESTER CODE
OF ORDINANCES.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 16B of the Rochester Code of Ordinances is hereby created
and enacted to read as follows:
Chapter 16B
Downtown Special Service District
16B.01. Purpose and Authorization. Subdivision 1. The city has received a
petition (the "Petition") from downtown property owners who want to improve the
economic vitality of downtown Rochester by establishing a Special Service District
("District") pursuant to Minn. Stat. §§ 428A.01-428A.101 (the "Act"). The Petition has
been signed by owners of more than 60% of the net tax capacity of property that will be
subject to service charges and by owners of more than 25% of the land area of property
that will be subject to service charges.
Subd. 2. Under the provisions of the Act, the city council may adopt an
ordinance establishing a Special Service District. Only property that is classified under
Section 273.13 and used for commercial, industrial, or public utility purposes, or is
vacant land zoned or designated on a land use plan for commercial or industrial use
and located in the Special Service District, may be subject to the charges imposed by
the city on the Special Service District. The ordinance must describe, with particularity,
the area within the City to be included within the District and the Special Services to be
furnished in the District. Special Services may not include a service that is ordinarily
provided throughout the city from general fund revenues of the city unless an increased
level of the service is provided in the Special Service District.
Subd. 3. An Operating Plan for the Rochester Downtown Special Service
District ("Operating Plan") has been developed by the Rochester Downtown Alliance, a
Minnesota nonprofit corporation composed of a broad range of people representing
property owners, business leaders, the city and others with a direct stake in enhanced
business and economic development conditions in the downtown. A copy of the
Operating Plan is available for public inspection in the City Clerk's Office, 201 4th Street
SE, Rochester, Minnesota. The Operating Plan sets forth the Special Services to be
provided within the District, the particular area of the city to be included within the
District's boundaries, the amount and manner of imposing Service Charges, and the
manner in which the Special Services will be implemented. The Operating Plan is
hereby incorporated into this Ordinance. A copy of the Operating Plan is available for
public inspection in the City Clerk's Office, 201 4th Street SE, Rochester, Minnesota.
Subd. 4. Pursuant to the authority herein recited, and as requested in the
Petition, the city council hereby establishes the Rochester Downtown Special Service
District to provide the Special Services described below.
16B.02. Description of District Area. The area of the City of Rochester to be
included within the District is described as follows and as depicted on the attached Exhibit
A (which is incorporated herein by reference):
Beginning at the Northwest corner of the intersection of 4th Avenue NW
and Civic Center Drive NW (the "Point of Beginning")- thence Southeast
along the North Line of Civic Center Drive, continuing said Line to the East
bank of the Zumbro River; thence South along the East Bank of the
Zumbro River to the confluence of Bear Creek, thence East to the East
line of 6th Avenue SE, thence South to the NW corner of Lot 1, Block 45,
Morse & Sargeant's Addition, thence East 132 feet, thence south to the
South Line of 4th Street SE, thence West along the South Line of 4th Street
SE to the NW corner of the East 25 feet of Lot 6, Block 87, Moe and Olds
Addition, thence South 100 feet, thence East 25 feet to the West Line of
1St Avenue SE; thence South along the West Line of 1St Avenue SE to its
terminus; thence due West to the East bank of the Zumbro River; thence
South along said East bank to the West Line of Broadway Avenue South
(the District includes the trails adjacent to said East bank); thence South
along Broadway Avenue to the centerline of Section 2, Township106
North, Range 14 West; thence West to the West Line of Soldiers Field
Drive SW; thence Northwest to the West Line of 2nd Avenue SW; thence
North along the West Line of 2nd Avenue SW to the North Line of 4th Street
SW; thence East along the North Line of 4th Street to the West Line of the
public alley located in Block 11 of the Original Plat; thence North along the
West Line of the alley to the Southeast corner of Lot 12, Block 31, Original
Plat; thence West along the South Line of Lot 12, Block 31, Original Plat to
the East Line of 2nd Avenue SW, thence North along the East Line of 2nd
Avenue SW to the North Line of West Center Street: thence East along
the North Line of West Center Street to the West Line of 1St Avenue NW;
thence North along the West Line of 1St Avenue NW to the South Line of
2nd Street NW; thence West to the West Line of 3rd Avenue NW; thence
Northwest along the West Line of 3rd Avenue NW to its intersection with
the West Line of 4th Avenue NW, thence North along the West Line of 4th
Avenue to the Point of Beginning.
2
16B.03. Description of Special Services. The Special Services to be
furnished in the District include, but are not limited to, marketing, promotion special events
and physical enhancements.
16B.04. Term of the Special Service District. The District will begin on
January 1, 2016, and end on December 31, 2025.
16B.05. Service Charges. Service charges imposed within the District will be
established by a separate resolution. The resolution must meet the requirements of Minn.
Stat. Section 428A.03 and may, in addition, meet the requirements of Minn. Stat. Section
428A.10.
16B.06. Notice to Commissioner of Revenue. The City Clerk must send a
copy of this ordinance to the Commissioner of Revenue within 30 days after its adoption.
16B.07. Notice of Veto Power. The City Clerk is directed, within five days
after adoption of this ordinance, to mail a summary of this ordinance to the owner of each
parcel included in the Special Service District and any individual or business organization
subject to a service charge. The Notice must meet the requirements of Minn. Stat. Section
428A.09.
Section 2. Repeal. Chapter 16A of the Rochester Code of Ordinances is hereby
repealed.
Section 3. Effective Date. This ordinance shall be effective as of January 1,
2016.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2015.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord 1 5\1 6B(SpecServDist)
3
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AFFIDAVIT OF PUBLICATION
State of Minnesota, County of Olmsted
Sue Lovejoy, being duly sworn, on oath that she Is the publisher or authorized
agent and employee of the publisher of the newspaper known as the Post-
Bulletin, and has full knowledge of the facts which are stated below:
(A) The newspaper has compiled with all the requirements constituting
qualifications as a legal newspaper, as provided by Minnesota Statute
331A.02, 331A.07 and other applicable laws, as amended.
(B) The printed notice
Which is attached was cut from the columns of said newspaper, and was
printed and published 1 time(s); it was printed and published on the following
dates:
PB 08/2512015
IPB 08125/2015
Printed below is a copy of the lower case alphabet from a to z, both inclusive,
which is hereby acknowledged as being the size and kind of type used In the
composition and publication of the notice:
ahcdai0 Vmnopgrsluwnryz
POST B,PLLEr�I ,COMPANY L.L.C.
BY:
TITLE: Media Inside Sales Manager
Subscribed and sworn to me on JEAN Bt)t3LITZ
This 2-5 day of4KXI 20 NOTAny PUL'1.10-MINNUOTA
My conim.E:xp.Jon,31,2020
N� y Public tt,.
RATE MFORAXIOhl
1) t.owast classified rate paid by commercial user $21.05
For comparable space (per inch1per dayldlsp€ay rate)
2) Publication Fee $1,280.30
Ad 0143185.,ORDINANCE 4208
ORDINANCE NO,4208
ORDINANCE NO,AN.01WINANCR CREATING AND ENACTING
CHAPTER 1613 OF THE ROCHESTER CODE OF ORDINANCES,
RELATING TO TIM-1.`. ESTABLISIIMENT OF 'I RE DOWNTOWN
SPECIAL SERVICE DIS'T'RICT AND REPEALING CHAPTER 16A OF
THE ROCLIE,S'T`ER CODE OF ORDINANCES,
TIIR C044MON COUNCILOFTIIF CITY OF ROCHESTER DO ORDAIN:
Section 1, Chapter 16B of
the Rochester CodedOrdi- ,. t•
€ [oposed'ipecirll,letrvlrc�s laistric:t Map
RtlI1C�S iS 1)eEeby..cfenlcd
and enacted to rend ny
follows; Chapter 1613
Dott'ntown Spceird Service r ciao:
District !61!.01.Purposeallal
Authorization. Subdivision
1. The city has received R pc• ji
tilion (late "l'elllion") :roan
downtown properly owners
tvh4 rvnrrl to improve �� (
lilt:economic vitrdity or •t t"� r r I;Its it u
downtown Rochester by es-
1alrlishing a Slsec€nl Service
District("District")pursuant ;_ rArurrn,rY,
to Minn.Stal.§a 428A,01- [M �4uyio
,128A.101 (the"Act''). The Ellill3' of 1 tsr .t
Petition has been signed by � t w
owners of store.lhnn 60% rsr sw !
of Ilse rte!tax Capacity of. � rf
pjiely9will be.sitb]Gct �usrr
r
to sen ice char nes and by _. k
owners of more lban 2510 of
4
thelata!ares of property > sir r �r Eecr
Ihat w1lI be subject In service
K
charges.
Subd.2,Under E11e provi- r;r!
cions of lite Act, 1110 city .,
w-1z 1 urrce
council may adopt till I _ t
ordinance establishing aWI
L ill sv w ll� � �
Special Sen'iec District, 1114 MY � ' �< ro � ttit
Only property that Is classi• •; a E
lied under Section 273.13
y I"`
and used for culaanwrcittl, vropumul5SD Parcels�� �.e�:
indirsh"hal, or public, lrtility
tnrrposes, or is vacant landp
Zoned orcicsigmtted,ou a larlcE <lir,:en nr:tr tll�;;(a:,r,iiuur".lv
use plana for commercint or
indtisidid use and hscarted in
the Slice€nl Service District,may be snbjoct to the charges imposed by the city on file Special Service District.
The ordinance rintst describe,nvItlt particnharity, Ilse arca within the City to be;Included within the District mid
Uro SpechRl Services 10 be 14irnislied in the District. Special services may not include it service That is ordhtnr•
ily provided(Itroughout the city!cont general Rind revenues of the city unless an increased lavel of the service
is Provided In the Special Service District,
Subd.3,An Opurming Plan Car the Rochester Downtown Special Service Distr€c1("OPeraling flan")has
been developed by the Rochester Dotl'rrlown Allimice,it Minnesola nonprofit mpurntion composed of a
broad range of people representing property owners,business leaders,the city and others with n direct slake
in etlltanced business and economic. development conditions in the downlown. A copy of the Operrlt-
ing Plau is avallnble for public inspection in Ute City Clerk's 011ice,201 41h Slicet Sf?,Rochester,Minnesota.
The Operarting Phan sets furlh the Special Services to be Provided within Elle District, the pafticular area
of file city to be included wilhin Ule,District's boundaries,the amount and manner of irupusing Service
Charges,Halal file lntatuier in Which Elle Special Services will be illiplenmited. The Operating Plan is hereby
illemporatcd into[Itis Ordinance.A_copy of the Operating Pial)€S available for public Inspection!it the City
Clerk's Office,201 411r 5ircel SE,Rochester,Minncsoin.
Subd.4.Pursumit to tine authority herein recited,and as requested in the Petition,tile,city council hereby estab-E
lishes.lhe Rochester Dowrtlown Special Service District to provide the Special Services described below,
16B.02.'Description of District Area. The area 0171116 Cily of RoCllesler to be included within the District is.
desedbCd as fo IMS and r13 dOPICICd Oil the alluched Exhibit A(.Which IS incorporated herein by reference,)!
Heginriblg nt the Northwest corder orthe Intersection of 41h Avenuo NW and Clvlt:Celiler Drive NW(the
"Point of Bcgitill itlb")•thence Southeast along Eire North Lille of Clvie Cerner Drive,contintring Said Lille to
lire F=ast bank of the Zitnibro River; thence South along (lie pits! Hank of ille Zlmabro River to the conllli-
ence ol'Heur Creek,thence East to the Pall line orblit Avenue SC,thence South to the NW corner of Lot I,
Block 45,Morse eC Sargc aril's Addition,thence Ens! 132 Aet,thence soutli to the South Line of 411t Sircet SL,
thence West along file Solidi Line of 41h Street Sl?to the NW comer of the East 2.5 feet of Lot 6,Block 8"/,
Moe and Olds Addition,lhence South 100 feet,thence Cast 25 feet to the West Line of ISI Avenue SE;thence
South along 1110 Nest Line of I S1 Averaite Sal.10 its louninus;lhence dire West to the Cast blink of the 2annbro
River,thence South along said East bank 10 the West Lino of Broadway Avelino South(Ilio District Includes
the trails adjacent to said Cast blink);thence Soulli along.Broadway Avenue to the cenleflino of Section
2, Townsh€p106 North, Rmigc 14 West;thenco West to IN West Line of Soldiers Field Drive SW;thence
Northwest to the West Line of 2nd Ayerme SSV;Uience North along tyle West Line of 2nd Avenue SIV to the
North Line of4M Street S%V;thence�aSl along 1110 Nor111 Lino of�1th Street to lite)VeSI Line of 1110 7
lasu[ed i1f f3lnek f f a1'Iho Original flat;tlfance North along the 1Vest Line of the alley to Ile
of;(L Line
E)I`ock 31,Oje Sly I'lal;thence 1Vest along 1110 Soillh Line of LOI 12,t3lock 3T,Orl inn I St co ler
Bast r Street.
2111 o.,pa Sly,ii'Mce North i1EoRg tie Last Line of 211dAveniio S1)'to 31 0,F Llhoast corner
Center Street:tleElce E:isl Ile
oleo b 1 f'lul to the
thalrco North filoR , b the Nof th LRfO of Wcst Ccnter SG'eet fV Iha Nest Lino of ISI Avonlie N)V;
U en 1i cal Lino OFISI AvellFre N)V la life lerrSt e0f t v1`10, Strect n1G of V,
1t'cs1 Line of e or4lfit b AVeIle o t?,Ilco Nartrtvesi n1nRg tlf0 West Line nf3:'cf Avanue NAV to its niters
the)03. osc of 1111 A5'Clllie N1V,thence North along thG tVesi Lone oof3l Avenue e II eVPojltla!'D'e5l lathe
[613.03,nlilediplian rk Special Services. 7'i1e Spcolal Services 10 be ftlrnisilcd i11 the I1islrlet u
cctrnl with
111'C not l71"em( t0,lnarketlllg,lurmOEtoi1 spceial events and physieai C1111n11CerRCnlS hiclude, '
er3.04.2025. oflhe Special Service Dlstlict.`file Dlsiriot tvtfl begin on IA11i1ary f,2016,and enol o altrde,but
leer 3!,2025.
ton. 'File
Service Chnrges, Servico charges imposed within lho District Ivill ho eslatrlished h n Dcceal•
tion. The ll.s oftlan must meet life regairemenls of Minn.Slat.SecEiwl y'll b 03 fRfd may,if)addition
1611lirelflGnl.s of A9inn.Slat.Sectioli 429 Y a separate lfe eel th-
16Islufl Notiee tq Cmnnllssioner of ItevAnle.Tile City Clerk uu,st send a coley df This ardinmtc+s to the i11e�t 1110
11115.07. of Rev 'r
within 30 days fffler ifs:fdopllon,
1111614 Notice of UOtu Pawe1:The Cfly Clerk is dircctcd,lvithfR live days alley adoption of tlfis atzli Cafo-
le E hi a Sloolor ' sine s oidillanco to the OW1lur of each lrflrcel InCQFlded Flt-1116.ti.'pCCild ServiCC District f
ally illdivldital or 1)ll$fltc'SS Organization Snb�CCt t0�11 SerVICC Charge, The to til 1111151 1tfC0E ilia r, I1ar1CC,
f�Qinn.Stat.Section
428A 0.9. 111d
Section 2:Rclleal, Chapter 16A of the ItucheslCf'COIIQ afi�rdlElaltL`GS IS lfeteh ref `gtilrentcnts of
cctiau 3. 1330 live DAto. This ordinance s1rafE be effective as nCJannnry ,
2016,1'ASSED AND AD Y 1 Baled,
ROCU$ TER MINNESOTA,T IIS BY 1'"13 COMMON 1
S + 2015, 1L 0F' TlI[? CITY Op
Is/3tanc1y.Slfivcr A)�O! AEICUS'f,2015,
PRESIDENT OF SAID('OfbIMON COUNCIL
AT`fFS'f;
/S/Aaron S.Rcoves
CITY CLf?t;K
APYRoI,12 TI,IS 20111 DAY OFr1l1GUST 2015.
/S/Ardell F.13rede
MAYOR OF SAID CIT)`
{Seal of the City of
Rocllesler,Minnesola)