Rochester City Council Regular Meeting - September 23, 2024

The Rochester City Council held its regular meeting on September 23, 2024, at 6:00 p.m. in the Government Center Council Chamber. The council addressed a consent agenda of 13 items, held three public hearings, adopted a final environmental review for the Mayo Clinic Bold. Forward. Unbound. expansion, and passed two ordinance amendments. The meeting included public comments on property taxes and accessible housing, and concluded with a discussion on council member conduct rules.

Consent Calendar

• F.1 – Minutes of the September 9, 2024, City Council meeting were accepted.
• F.2 – Accounts payable totaling $9,833,652.78 (including $0 in investment purchases) were approved.
• F.3 – Authorized implementation of USI Broker Services for the city's self-insured health and dental plan.
• F.4 – Approved a USDOT Reconnecting Communities Grant application for planning and design of South Broadway Avenue from 9th Street SE to Civic Center Drive.
• F.5 – Adopted Resolution No. 184-24, setting a 4.50% interest rate on non-Water Quality Protection Program special assessments for Aug. 1, 2024 – July 31, 2025.
• F.6 – Adopted Resolution No. 185-24, accepting $25 and $18 donations to the Rochester Police Department from Tony & Nadine Goergen and Drs. Jaydi & Steven Funk.
• F.7 – Adopted Resolution No. 186-24, authorizing a $10,000 Minnesota Historical Society grant application for a condition assessment of a historic stone wall at 600 block of 16th St SW.
• F.8 – Authorized release of an RFQ/RFP for Construction Manager at Risk services for the Regional Sports & Recreation Complex (Project No. 2870).
• F.9 – Authorized a revocable permit with the Edward D. Lunn and Mary L. Lunn Revocable Trust for private improvements in a utility easement.
• F.10 – Adopted Resolution No. 187-24, awarding a contract to Koball's Poured Walls, Inc. for on-call sidewalk snow removal services.
• F.11 – Adopted Resolution No. 188-24, approving a $220,724.65 contract with S.L. Contracting, Inc. for City Pond 90 Restoration and Improvements (Project No. J6738).
• F.12 – Authorized a City-Owner contract for a public watermain and hydrant to serve Tom Kadlec KIA (Project No. J5483), and a $3,675 professional technical services contract with GGG, Inc. dba G-Cubed.
• F.13 – Authorized up to $180,000 in contingency funding to front the cost of demolishing 18 manufactured homes at Bob's Trailer Park (1915 Marion Rd SE).

All consent items were approved unanimously (7-0).

Public Comments & Testimony

Open Comment Period (before public hearings):

• Casey McGregor urged the council to carefully consider property tax impacts. She stated that every consent agenda item represents tax dollars spent and expressed concern that no one ever says no to spending. She noted her mortgage had risen from under $1,250 to a projected $1,700 due to property tax increases from the city, school board, and county. She argued that affordable housing starts with affordable property taxes and that the city needs to attract large for-profit businesses (5,000–20,000 employees) to absorb tax burdens.

Public Hearing G.1 – Consolidated Plan:

• Paula Hardin, a disability rights activist, advocated for increased CDBG funding for accessible affordable housing. She stated that the city's proposed plans contain the words disability/accessible about 80 times but lack concrete actions to create accessible housing. She criticized the reliance on education about fair housing laws as insufficient and called for using TIF or universal design to create accessible affordable housing. She also noted a procedural error in the Analysis of Impediments document regarding the replacement of the 1994 AFFH rule.
• Casey McGregor asked how property tax increases affect affordable housing and residents' ability to pay mortgages.

Public Hearings

G.1 – 2025-2029 Consolidated Plan, 2025 Annual Action Plan, and Analysis of Impediments to Fair Housing Choice

• Senior Administrative Analyst Brent Svenby and consultant Eryca Fambro (BluLynx Solutions) presented the plans, which are required by HUD to receive CDBG funds. The five-year strategic plan identifies two impediments to fair housing: limited fair housing education and a housing affordability mismatch. The 2025 annual action plan proposes allocating about $672,000 (including $100,000 program income) toward public services (13%), housing rehab (61%), administration (12.5%), and infrastructure (approx. $100,000).
• The council authorized the formal opening of the public comment period, which will close on November 4, 2024, at 4:00 p.m. The public hearing remains open until that date.

G.2 – Final Plat No. CD2024-023PLAT (Oak Ridge Villas)

• Planner Elliot Mohler introduced the request to subdivide 1.25 acres into six single-family residential lots at the northeast corner of 20th St SW and 3rd Ave SW. Applicant representative Bill Tointon (WSB) presented, noting the project is an infill development for workforce housing. The council debated a fourth condition requiring a screening fence along the east property line. Councilmember Palmer moved to approve with conditions 1–3 only, arguing the fence condition should not be city-enforced. Councilmember Dennis successfully offered an amendment to include condition 4, which passed 6-1 (Palmer voting no). The main motion as amended then passed unanimously.
• Result: Resolution No. 189-24 approved, with conditions.[^1]

G.3 – Utility Easement Vacation No. CD2024-005VAC (1728 Juniper Ln SW)

• Planner Desmond McGeough presented a request to partially vacate a 10-foot-wide utility easement (85 feet long, 3–6 feet wide) due to a 2001 construction error where a home encroached into the easement. The applicant worked with the neighboring property to secure a new 10-foot easement, restoring the intended 20-foot width. No public comments were received.
• Result: Unanimous approval via Resolution No. 190-24.

Discussion Items

H.1 – Mayo Clinic Bold. Forward. Unbound. Final Alternative Urban Areawide Review (AUAR)

• Community Development Director Irene Woodward presented the final AUAR and Record of Decision. The AUAR is an environmental review covering a 19.7-acre area with up to 1.97 million square feet of medical/institutional space and an electric generating facility. It addresses 31 required items including land use, water resources, wildlife/habitat, historic properties (including removal of the Lord's building and relocation of the William Mayo statue), greenhouse gas emissions, transportation, and noise/air quality.
• Key mitigation strategies include: creation of a linear park, native landscaping, bird-safe glass, geothermal well monitoring, and conversion of on-street bike lanes to off-street protected cycle tracks.
• The council heard from staff and answered numerous questions from members. Councilmember Wall asked about real-time air quality data for the public; Administrator Zelms noted that 10 sensors are being recalibrated and will be redeployed in October, with a public kiosk planned for 2025. Councilmember Keene clarified that the AUAR is a static document and does not require maintenance. Councilmember Dennis expressed discomfort voting without more certainty and noted the document's complexity (over 300 pages). Councilmember Palmer sought clarity on the legal effect of adoption vs. approval; staff explained that adoption confirms the process was followed, not project approval.
• After debate, the council voted 6-1 to adopt the Final AUAR and Record of Decision (Resolution No. 191-24). Councilmember Dennis voted no.

Ordinance Second Readings

K.1 – Motorized Golf Carts (Chapter 11-2)

• City Attorney Michael Spindler-Krage presented the second reading of an ordinance allowing golf carts on streets with speed limits of 25 mph or less. Approved unanimously via Ordinance No. 4543.

K.2 – Police Policy Oversight Commission (Chapter 2-13)

• Second reading of an ordinance amending the membership establishment of the commission. Approved unanimously via Ordinance No. 4544.

Other Business

• Councilmember Molly Dennis raised a concern regarding a memo from the City Attorney and City Clerk circulated to council and staff (dated September 7 and 13, 2024) that lists examples of subjective language (e.g., “rubber stamping,” “wasteful spending,” “closed-door meetings”) that could lead to removal from meetings. She argued the memo infringes on First Amendment rights and silences council members from voicing constituent concerns. She noted that the memo was shared with former council members and has been circulated publicly. Several other council members (Palmer, Keane, Kirkpatrick) defended the memo as reflecting current council rules and clarified that the decision to restrict discussion at a prior meeting was a consensus of the council, not staff action. Council President Carlson (Wahl presiding) called for a wrap-up, noting the item had exceeded 10 minutes.

Key Outcomes

• Consent Agenda (F.1–F.13) – Approved unanimously.
• Public Comment Period for Consolidated Plan – Opened; closes November 4, 2024, at 4:00 p.m.
• Oak Ridge Villas Final Plat – Approved with four conditions (Resolution No. 189-24) on a 6-1 vote (Palmer opposed the fourth condition); the motion to include the fourth condition passed 6-1.
• Utility Easement Vacation – Approved unanimously (Resolution No. 190-24).
• Mayo Clinic Bold. Forward. Unbound. Final AUAR – Adopted 6-1 (Resolution No. 191-24; Dennis voting no).
• Motorized Golf Carts Ordinance – Approved unanimously (Ordinance No. 4543).
• Police Policy Oversight Commission Ordinance – Approved unanimously (Ordinance No. 4544).
• Adjournment – Met at 6:00 p.m., recess at 6:50 p.m., reconvened at 6:56 p.m., adjourned after 7:32 p.m. (Council President Carlson left at 7:32 p.m.; Wahl presided for adjournment).

[^1]: Condition 4: The developer agreed to install a screening fence along the east property line to buffer neighbors; the condition was retained over objections that the city should not enforce such a requirement.