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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Rochester City Council Regular Meeting - September 23, 2024

City Council — Monday, September 23, 2024

BodyRochester, Minnesota

SessionCity Council

DateMonday, September 23, 2024

StatusFILED

Video Record

0:00 / 1:38:52

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:15

Recording in progress.

0:22

Please rise as you're able for the Pledge of Allegiance.

0:28

I pledge the budget of the United States of America.

0:33

And to our public records, one nation on that visible with liberty and justice for all.

0:50

All right, hello.

0:51

Welcome everyone to our city council meeting for September 23rd, 2024.

0:56

Happy to have you all here with us.

0:58

Just to note that if needed, we do take breaks every 90 to 120 minutes between items.

1:04

We begin every meeting with an open comment period.

1:07

This is an opportunity for anyone from the public who would like to speak on items we will not be taking public testimony on during a public hearing later in the agenda.

1:15

Each person has two minutes to speak for a total of 20 minutes.

1:19

I'll be keeping track of time through this device and up on the wall.

1:22

So just note that if I nudge you, it's not because I want to cut you off, it's because we need to make sure that we stay within our limits so others have a chance to talk.

1:32

Um I just note that you are respectful.

1:34

We welcome your comments and feedback, but your comments should be directed at me towards the as the presiding officer.

1:40

I will use the list the clerk has given me and we do not respond to your comments, but if you have any items you'd like us to follow up on, the clerk will take your information and either council or staff will follow up.

1:54

If you have any items you'd like to hand out to staff, the clerk would also be happy to collect those and hand those out to council at a later time.

2:02

With that, I will go ahead and start with my list.

2:06

And I do just have one name so far, so I would invite Casey McGregor up to speak.

2:11

Please, I think the microphone's off, so be sure you hit on, and then two minutes.

2:19

Casey McGregor.

2:20

Hello, everyone.

2:22

Number one, I urge council to carefully consider the impact of the dis decisions on property tax.

2:28

Every consent agenda item represents tax dollars spent.

2:33

And it is concerning that no one ever says no on spending.

2:37

As a single homeowner with a fixed rate mortgage, my mortgage was a little under 1250 seven years ago.

2:44

I am now looking at a $1,700 a month mortgage if all three property taxes go through.

2:50

That's a $500 difference in property tax increase.

2:54

I did not budget for such a substantial increase.

2:58

My income has not kept up kept up with your spending, and it puts a strain on finances.

3:04

Affordable housing starts with affordable property tax.

3:09

In today's challenging economy, rising property tax will only add burdens faced by homeowners, senior citizens, and young families.

3:17

I recently spoke with a nurse practitioner who confirmed that even individuals at their income bracket are struggling.

3:25

The potential consequence of the tax hike are dire, with more people needing to rely on food banks and struggling to afford heating this winter.

3:35

Furthermore, with a nonprofit at the top of the business pyramid and the second the school district as the second largest employer, and then small businesses.

3:45

This is an imbalance contributing to the factor our property tax issue.

3:50

We need to attract at least two to three large businesses with 5,000 to 20,000 employees to create a more sustainable economic foundation for our community.

3:59

We need for-profit businesses that can absorb some of the property tax, and you need to stop quit spending and saying yes to everything.

4:09

Number two, additionally, the proposed sustainability resiliency workforce plan is alarming.

4:20

And time to wrap up, Ms.

4:21

McGregor.

4:24

This wastes money just by allowing them to research grants.

4:29

That's property tax.

4:31

And it looks like you have more comments.

4:32

We'd welcome those by email.

4:35

All right.

4:36

Is there anyone else who would like to speak this evening?

4:40

All right.

4:41

Hearing no one, we will close the open comment period and officially call the meeting to order.

4:45

Clerk Geisler, please call the roll.

4:48

Councilmember Keene.

4:50

Here.

4:51

Councilmember Brandsford.

4:52

Here.

4:53

Councilmember Wall.

4:54

Here.

4:55

Councilmember Kirkpatrick.

4:56

Here.

4:57

Councilmember Palmer.

4:58

Here.

Discussion Breakdown — Share of Meeting

Public Engagement██████████████████████22%

Environmental Protection██████████████████18%

Infrastructure And Capital Projects████████████12%

Public Comment██████████10%

Procedural█████████9%

Community Development Block Grant███████7%

Public Hearings██████6%

Ethics And Governance████4%

Affordable Housing███3%

Summary of Proceedings

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.

Meeting Transcript

Recording in progress. Please rise as you're able for the Pledge of Allegiance. I pledge the budget of the United States of America. And to our public records, one nation on that visible with liberty and justice for all. All right, hello. Welcome everyone to our city council meeting for September 23rd, 2024. Happy to have you all here with us. Just to note that if needed, we do take breaks every 90 to 120 minutes between items. We begin every meeting with an open comment period. This is an opportunity for anyone from the public who would like to speak on items we will not be taking public testimony on during a public hearing later in the agenda. Each person has two minutes to speak for a total of 20 minutes. I'll be keeping track of time through this device and up on the wall. So just note that if I nudge you, it's not because I want to cut you off, it's because we need to make sure that we stay within our limits so others have a chance to talk. Um I just note that you are respectful. We welcome your comments and feedback, but your comments should be directed at me towards the as the presiding officer. I will use the list the clerk has given me and we do not respond to your comments, but if you have any items you'd like us to follow up on, the clerk will take your information and either council or staff will follow up. If you have any items you'd like to hand out to staff, the clerk would also be happy to collect those and hand those out to council at a later time. With that, I will go ahead and start with my list. And I do just have one name so far, so I would invite Casey McGregor up to speak. Please, I think the microphone's off, so be sure you hit on, and then two minutes. Casey McGregor. Hello, everyone. Number one, I urge council to carefully consider the impact of the dis decisions on property tax. Every consent agenda item represents tax dollars spent. And it is concerning that no one ever says no on spending. As a single homeowner with a fixed rate mortgage, my mortgage was a little under 1250 seven years ago. I am now looking at a $1,700 a month mortgage if all three property taxes go through. That's a $500 difference in property tax increase. I did not budget for such a substantial increase. My income has not kept up kept up with your spending, and it puts a strain on finances. Affordable housing starts with affordable property tax. In today's challenging economy, rising property tax will only add burdens faced by homeowners, senior citizens, and young families. I recently spoke with a nurse practitioner who confirmed that even individuals at their income bracket are struggling. The potential consequence of the tax hike are dire, with more people needing to rely on food banks and struggling to afford heating this winter. Furthermore, with a nonprofit at the top of the business pyramid and the second the school district as the second largest employer, and then small businesses. This is an imbalance contributing to the factor our property tax issue. We need to attract at least two to three large businesses with 5,000 to 20,000 employees to create a more sustainable economic foundation for our community. We need for-profit businesses that can absorb some of the property tax, and you need to stop quit spending and saying yes to everything. Number two, additionally, the proposed sustainability resiliency workforce plan is alarming. And time to wrap up, Ms. McGregor. This wastes money just by allowing them to research grants. That's property tax. And it looks like you have more comments. We'd welcome those by email. All right. Is there anyone else who would like to speak this evening? All right. Hearing no one, we will close the open comment period and officially call the meeting to order. Clerk Geisler, please call the roll.

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