Rochester City Council Meeting - November 18, 2024
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Rochester City Council Regular Session – November 18, 2024
The Rochester City Council met on November 18, 2024, beginning at 6:00 p.m. in the Government Center Council Chamber. The meeting featured a lengthy agenda including nine public hearings, a consent calendar with 24 items, and several reports. Key topics included approval of the Mayo Clinic street and easement vacations (Bold.Forward.Unbound.), a zone change and comprehensive plan amendment for a 200-unit apartment project, updates to the Unified Development Code (UDC) including historic preservation provisions, funding for the Silver Lake Dam fish passage, and a downtown crow abatement plan. The council also approved the second reading of a cannabis ordinance.
Consent Calendar
- Minutes of the November 4, 2024 Council meeting were accepted.
- Appointments to Boards and Commissions: Approved mayoral appointments to the Citizens Advisory on Transit (Jean Binkovitz, Michael Schnell, Ribu Goyal).
- Accounts Payable: Approved total disbursements of $14,464,067.23.
- City Attorney Employment Agreement: Approved a 2% merit increase and contract amendment for City Attorney Michael Spindler Krage (Councilmember Dennis initially pulled this item; a motion to suspend rules and approve without debate passed 6-1).
- Agricultural Leases: Authorized three-year leases with Olivia Oehlke (17.57 acres), Kats Company, LLC (2 acres), Bryce and Brenda DeCook (1,100 acres), and Denis Strei (42 acres) for airport property.
- Airport Equipment: Approved purchase of a rough terrain vehicle for $39,857 and a non-terminal rental car operator agreement with Go Rentals.
- Runway Improvements: Approved Change Order No. 2 with Mathiowetz Construction for FAA-required work on Runway 31 Approach Improvements.
- Link BRT Utilities: Authorized bid advertisement for underground utilities at the West Transit Village (bid opening Dec. 17, 2024).
- Police Technology: Authorized a $185,000 budget increase for the Axon technology integration contract.
- Consulting Services: Approved a three-year agreement with Sustainable Strategies DC for strategic consulting ($93,000-$99,000/year).
- Software Contracts: Approved $70,838.48 for Cornerstone/Saba TalentSpace and Halogen HR software.
- Flood Control Trails: Adopted Resolution 226-24 authorizing a $171,837.55 contract with Durst Outdoor Services.
- Skyway Repair: Approved change orders totaling $30,045.20 with Alvin E. Benike, Inc. for bridge column corrosion repair.
- Sanitary Sewer Design: Authorized a $21,895 contract with Kimley-Horn for design of 14th Ave SW sewer improvements.
- Multi-Use Path: Adopted Resolution 227-24 approving a $544,738.87 contract with Rochester Sand & Gravel for a path along 16th St SE.
- Energy Efficiency: Authorized a $67,000 services agreement with the Center for Energy and Environment for education and advising.
- Sports Complex: Authorized a $1,415,250 Construction Manager at Risk (CMAR) contract with Knutson Construction for the Regional Sports & Recreation Complex.
- Easements: Approved a revocable permit with the Church of St. John for improvements in a watermain easement, and released a drainage/utility easement for Cassidy Farms subdivision.
- Public Safety Aid: Adopted Resolution 228-24 allocating Public Safety Aid Investments – Phase 2.
Public Comments & Testimony
Open Comment Period:
- Tammy Mitchell (homeless): Petitioned for a tiny home shelter similar to Aviva Village in Minneapolis, citing health disparities and lack of resources.
- Kenneth Malnar (homeless): Asked for tolerance regarding skywalk use during cold weather.
- Michael Staub (homeless): Described difficulties of homelessness and supported the tiny home concept.
- Paul Gillis Jr. (homeless): Supported shelter for medical patients and homeless.
- Amy Garretson (East Side Neighborhood Association): Requested more community engagement on the Center Street reconstruction project; opposed the proposed roundabout at 11th Ave.
- Christine Lafler (East Side resident): Requested delay of the roundabout decision pending traffic study and engagement with emergency services, schools, and large vehicles.
- Mary Jo Majerus (East Side resident): Supported Option 4 (preserving tree canopy, no roundabout) for the Center Street project.
- Wes Lund: Congratulated election winners, criticized dark money in local politics.
- Barry Skolnick (downtown resident): Raised concerns about noise and safety from crow abatement; asked to save trees on Center Street.
- John Kruesel: Opposed crow killing, suggested consulting environmental groups; also opposed the roundabout and supported Option 4.
Public Hearings – G.1 (Special Charges):
- Jeff Harden: Questioned billing for property securement, requested itemized bill and expressed willingness to pay initial cost.
Public Hearings – G.2 (Administrative Citations):
- Eleanor Berg (on behalf of son Jonathan): Explained that Canada thistle control was interrupted by her son’s surgery; asked for removal of the $85 administrative fee. The council unanimously approved an amendment to remove the fee for that property.
Public Hearings – G.3 (Utility Charges):
- One written appeal was noted from Highlands on 19th Condominium Association; no oral testimony.
Public Hearings – G.4 & G.5 (Mayo Clinic Vacations):
- Dr. Katie Arendt (Mayo Clinic): Presented the Bold.Forward.Unbound. plan, emphasizing public access and pedestrian-first design.
- Doug Holtan (Mayo Clinic): Detailed street-level design and bike lane considerations.
- Rev. Beth Royalty (Calvary Episcopal Church): Supported the vacation, noting partnership with Mayo.
- Father Jerry Man (Co-Cathedral of St. John the Evangelist): Supported the project, noted history of collaboration.
- Eugene Grover (IUOE Local 49): Supported for job creation and economic growth.
- Barry Skolnick: Asked for clarification on public access after vacation.
- John Kruesel: Expressed concern about impact on downtown businesses during construction.
- John Wade (Rochester Area Economic Development): Supported, citing accessibility and growth.
- Ryan Parsons (Rochester Area Chamber): Supported, citing economic benefits.
- Chris Acunia (Sierra Club/Transportation Equity Alliance): Requested delay until a viable alternative transportation plan is created; criticized lack of meaningful collaboration.
- Sean Kettelkamp (History Center): Noted historical context of narrow streets.
- Adam Buzbee (transit operator): Asked for transit vehicle maneuvering considerations.
- Michael Wojcik (Bicycle Alliance of Minnesota): Requested delay until north-south bike connections are secured; raised concerns about revocable permits vs. vacations.
Public Hearings – G.6 & G.7 (City View Flats Zone Change & Comp Plan):
- Megan Kiihne (Stonebridge/Sunnydale/Strombrook neighborhoods): Cited lack of infrastructure (sidewalks, bike paths) and flooding concerns; asked for infrastructure plan before development.
- Darren Baker (adjacent homeowner): Supported the development but echoed concerns about flooding and isolation.
Public Hearings – G.9 (UDC Text Amendment):
- Mark Hubley (HPC Chair): Opposed removal of C4E protections for inventory properties; argued due process already exists.
- Barb Hudson (former HPC member): Opposed removal, citing community voice in historic preservation.
- Barry Skolnick (former HPC member): Asked to maintain current protections.
- John Kruesel: Urged council to trust HPC.
- Benjamin Zastro (HPC commissioner): Opposed removal, warning of demolition by neglect and community distrust.
- Nels Pierson (Reagan Outdoor Advertising): Supported removing the ban on billboards along West Circle Drive, citing zoning compatibility.
- Tony Boyer (HPC commissioner): Opposed removal of C4E.
- Sean Kettelkamp: Opposed policy change, emphasized historical preservation.
Discussion Items
Silver Lake Dam Fish Passage Modification (H.2):
- Deputy Public Works Director Aaron Luckstein presented the grant agreement for $2,368,000 from the DNR. The project is separate from the dam modification; funds are available for five years. Councilmember Kirkpatrick asked about natural rock patterns and lake expansion. The council approved the grant agreement unanimously.
Center Street East Reconstruction (H.3):
- Assistant City Engineer Amy Kreofsky presented the project, including four design options. The preferred Option 1 includes a two-way raised cycle track on the north side and a mini-roundabout at 11th Ave. Councilmember Kirkpatrick moved to drop the roundabout and adopt Option 4 (striped bike lanes, no roundabout) to save trees and address neighborhood concerns. The motion failed 2-5. The council then approved the staff recommendation (6-0-1, Council President Carlson abstaining) to approve the geometric layout, authorize final design, and support grant application.
Crow Abatement (H.1):
- Parks Director Paul Whidman and Manager Mike Schaber presented the plan for intensive abatement Dec. 1-5, 2024, using USDA wildlife specialists with air rifles and noise devices. Councilmember Dennis raised concerns about ricochets and liability; staff assured safety measures. The motion passed 6-1.
UDC Text Amendment (G.9):
- Planner Ed Caples and Planner Molly Patterson-Lundgren presented the annual UDC cleanup. The most contentious part was the proposed deletion of Section 60.200.040.C.4.e, which provides protections for properties on the Historic Inventory. Councilmember Keene moved to amend to keep protections for demolition but remove alteration restrictions; that motion failed 1-6. Councilmember Wall moved to dismiss all changes to C4E and related sections; that amendment passed unanimously. Other amendments to remove parking requirements in DMC zone and allow billboards on West Circle Drive failed. The amended text amendment was approved unanimously.
Key Outcomes
- Consent Calendar approved as a block (F.1-F.3, F.5-F.24) unanimously; F.4 (City Attorney) approved 6-1.
- G.1 (Special Charges): Resolution 229-24 adopted 6-1.
- G.2 (Administrative Citations): Resolution 230-24 adopted as amended (removing $85 fee for Eleanor Berg’s property) unanimously.
- G.3 (Utility Charges): Resolution 231-24 adopted unanimously.
- G.4 (Street Vacation): Resolution 232-24 adopted 6-1.
- G.5 (Easement Vacation): Resolution 233-24 adopted 6-1.
- G.6 (Zone Change): Approved 6-1, directing City Attorney to prepare ordinance for first reading.
- G.7 (Comp Plan Amendment): Resolution 234-24 adopted 6-1.
- G.8 (Annexation): Approved unanimously, directing ordinance for first reading.
- G.9 (UDC Text Amendment): Approved as amended (removing changes to C4E) unanimously.
- H.1 (Crow Abatement): Approved 6-1.
- H.2 (Silver Lake Dam Grant): Resolution 235-24 adopted unanimously.
- H.3 (Center Street Layout): Approved 6-0-1 (Carlson abstaining); Resolution 236-24 adopted.
- K.1 (Cannabis Ordinance): Ordinance 4545 adopted unanimously.
- Adjournment: Approved 6-1 at approximately 12:30 a.m. on November 19, 2024.
Meeting Transcript
Please rise as you're able for the Pledge of Allegiance. I pledge allegiance to religious individual with liberties and justice for all. Thank you. All right. Welcome everyone. Great to see everybody here. This is a really full agenda, a lot of really meaningful items tonight. So glad to have an engaged audience with us. We um this is the November 18th City Council meeting, and pleased to have you all here. We do take breaks every 90 to 120 minutes between items as needed. All right, we begin every meeting with an open comment period. This is an opportunity for anyone from the public uh to speak on items that we will not be taking public testimony on later in the agenda during a public hearing. So just note if you did sign up on this blue form, you are not planning to speak uh on an issue that is a public hearing later in the meeting. So just want to make sure everybody's aware of that. Each person has up to two minutes for a total of 20 minutes, and it looks like we have about exactly that tonight of those signed up, so that's great. I will be keeping track of time through a variety of methods. There's a little stoplight right here that turns yellow, I think, with 30 seconds left, and then there's also a wall clock. Just know that if I interrupt you to ask you to wrap up, it's because we want to make sure everybody who would like to speak has an opportunity to speak. As always, I'd ask that you address me as the presiding officer, and that we welcome your feedback on city issues, but we ask that you deliver those respectfully. We also encourage you to limit comments generally to topics that are within the scope and jurisdiction of the council's ability to affect policy. Council members and staff do not respond during public comment, but if there's something you'd like us to follow up on, either council or staff, please make sure Clerk Geisler over here at the desk has um your contact information. And similarly, if you have items to hand out, please deliver those to the clerk and she'll make sure that we receive them. Otherwise, I will go ahead and call you up in the order that you've signed up. Please state your name clearly, and then uh I think the microphone needs to be turned on, so the first person, please do press the button to turn on the microphone. And I have a Tammy Mitchell. Oh, that's me. Please do come on up. I wasn't expecting to be first, but thank you. So there should be a little button right there on the microphone. Yes, perfect. Okay. Perfect. Please introduce yourself and you have two minutes. Okay. Hi, my name is Tammy Mitchell, and um if my items seem unsightly to you, that's because I'm homeless. I am a citizen, and I believe I do count. And Councilwoman Kirkpacter came out to make us feel like we did count when it came to voting day. So um, I am here to petition uh the city of Rochester for a tiny home shelter, sort of like the one that Aviva Village has, they have in Minneapolis. Uh we already voted on Liberty Village as an A. And I would like to read some of the information I have found to you. Um we the people of Rochester, Minnesota are of the understanding that the homeless have a tendency to a life expectancy of 30 years less, approximate age 50 than the general population. Homelessness takes a huge toll in the health of older people over an average of 55 months, unhoused people, 50 years and older in Oakland, California died at a rate of 3.5 times greater than their housed counterparts in the city. Even the Journal of Uh Medicine that JAMA wrote up about this. It was called Project uh the Hope Home Study. And it talks about how homeless people are more likely to die from things that you'll get over in a week because you have a bed to sleep in and rest up. You have a way to take your medications. We don't have that. If we had Navivo Village style setting here, we would have more access to that. I also put in here, we also want some of the trash so often left behind by the homeless without a proper way of disposing of their used items to be contained in a way where an overseer can remedy the issue. We don't have trash like you do.
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