Thank you, sir.

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

I pledge allegiance to the United States of America and to the Republic for which it stands.

One nation are indivisible with liberty and justice for all.

Welcome everybody to our May 4th, 2026 Rochester City Council meeting.

We start every city council meeting with our open comment period.

This is an opportunity for for anyone from the public to address the council on items that we will not be taking a separate public hearing on later this evening.

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

One, the stoplight here, and the second is the red uh counter on the uh on the wall over the administrative staff.

Uh I'd also request that each speaker be concise to allow more people to speak.

And participants are also encouraged 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 to your comments during public comment, but instead will follow up on any specific requests separately.

If you have materials to share with the council, please give them to the city clerk who is to my right, and uh she will distribute them.

I will invite you up as you signed in.

And first up is Lisa Wiley.

Welcome.

Thank you.

Good evening, and may the fourth be with you.

Yes.

Um my name's Lisa Wiley, and I live at 121 14th Street Northeast.

And I just wanted to bring a topic up.

Um, this fall, the city is preparing to move forward with a plan to remove Silver Lake Dam, something the council will undoubtedly be asked to do without full funding for the project or approval by the residents.

This is being proposed in a large part based on the following misinformation provided by city staff over the decades.

These are things that I've heard.

Um the city states that Silver Lake Dam is unsafe, even though there have been no documented dam-related accidents or deaths in more than 90 years.

I wish we could say that for foster Airns.

The city says a smaller Silver Lake will still be present at the same level as before, but engine engineers now indicate that the water will be lower by almost a foot than it currently is.

The city implied the old dam was unsafe, and although two-thirds of the dam was rebuilt by the core in the 90s, and the other third was recently rebuilt, so it's not a 90-year-old project.

Um the city towned the new dam will provide recreational tubing, kayaking, and canoeing, although engineers indicate summer water flow will not usually support those activities.

The city stated the dam was originally built to provide cooling water for the power plant, and of course that's no longer needed.

But the power plant was built a decade after the dam, so I don't know if they were psychic.

Um we have also been told it's to appease the DNR.

This the city said the dam removal was part of a larger city project to remove the upstream impedements, something that's not known as a fact, as far as I can tell.

There's no documentation on that.

Um it was also stated that the current dam functions only to send spring ice breakup downstream, although it's lowered many times throughout the year.

I bike across the railroad track, they call the Silver Lake Bike Trail all the time, and I'll cross that dam.

And it's you, Miss Wiley.

You see the difference a lot.

So thank you.

Thank you.

Next up we have uh Sandra Gussie.

Geise.

Sandra Geise, 121 14th Street, Northeast.

As city staff push to remove the Silver Lake Dam, the following related facts for proposed dam removal concern many city residents.

The recent study session on the changes to dam removal was canceled during the council uninformed the leaving the council uninformed on proposed changes.

The Army Corps has not fully determined the impacts of dam removal on historical significance of Silver Lake Park or the impacts on flood control.

The DNR has concerns about the low summer flow on the recreational pools, making them potential fish death traps and not having enough water for the proposed fish mussel passageway.

Only two of the current council members were around when the original plans for dam removal were proposed.

A new mayor and potentially new council would inherit a controversial dam removal project pushed forward by current city leaders.

A year ago, preliminary cost estimates were 40% higher than original estimates.

With the current city construction climate, increased cost will be significant with no identified source to cover expenses.

Electric rate payers will be asked to pay a significant part of the dam removal costs through rate increases.

The council's role is to represent the citizens of Rochester, not rubber stamp the staff proposals.

Thank you.

Thank you.

That is uh all on the sign-up sheet.

If there are others who wish to address the council during open comment period, please step forward.

Anyone who wishes to speak, please step forward.

Seeing no one, I will close the public comment period and uh ask the city clerk to call the roll.

Good evening.

Councilmember Keene.

Here.

Councilmember Miller.

Here.

Councilmember Wall.

Here.

Councilmember Fredericks.

Here.

Councilmember Palmer.

Here.

Councilmember Doring.

Here.

Council President Schuberg.

Here.

Mayor Norton.

Present.

Thank you.

Next up we have our city administrators report.

Administrator Zelms, go ahead.

Thank you, Council President.

Council members, Mayor Norton, members of the public.

We always start this report off by thanking our teammates for acting with respect, integrity, safety, and excellence, and everything that they do.

And this week I also want to recognize everyone that is providing public service to the city.

It is public service recognition week this week.

So an extra thank you to all of the professionals that work for the city in variety of different roles for the service that they provide to the community.

Also, just draw attention to a couple of things that are forthcoming this week.

Starting tomorrow, May 5th through the 7th, the Chateau Skyway will be temporarily closed for repairs.

So if you rely on that walkway in order to get places, you will need to take a different route during that time period.

Elevators and escalators at the shops on University Square at the Galleria are still available in order to be able to get up and down, but you won't be able to get across at the Chateau Skyway there.

Hopefully the weather will stay good and then people will want to be outside.

Also, the 2026 Transportation Fair is coming up.

There's no registration required for the free event.

It's put on by early childhood family education, school readiness, and our teammates at Rochester Public Works.

That'll be May 9th from 10 a.m.

to 1230 p.m.

at Goose Egg Park.

So if that's something your kiddos would be interested in or the family, check it out.

Also, we have on May 9th tree community tree planting that's happening at Sunset Terrace.

That will be our neighbors and Rochester Parks and Recreation.

Saturday, May 9th, 8:30 a.m.

So an earlier start for that.

Meet up at Sunset Terrace Elementary School at 1707 19th Avenue Northwest.

You can get more information at Our Neighbors.org.

And then finally, if any of you have been outside recently, there's a lot of mowing going on, but there's some slow mowing going on this summer.

So you might recall the no-moy.

We are now in slow mow summer.

That is our new initiative that we're doing in Rochester.

So still important to make sure your turf grass is kept at 12 inches or under and control noxious weeds.

But encouraging folks to consider taking a little a few extra days between mowing in order to encourage sustainable lawn care pollinators and healthier lawn.

And that is all I have for you.

You can pick up a slow-mo summer yard sign if you like at the Parks and Recreation Office here at City Hall.

Thank you, Ms.

Selms.

Next up, we have the mayor's report.

Mayor Norton, go ahead.

Sure.

I have a couple things.

One, which was uh really fun from this last weekend.

The Roadrunners Club of America has designations for cities to apply for to become a runner-friendly city or runner-friendly community.

We won that designation back in 2020, and we reapplied.

You have to reapply every five years, and we were once again designated a runner-friendly city.

So we have a plaque that the runners club asked that we keep here at City Hall because they don't really have a place to put it.

Um, but it was really nice ceremony.

They had a run, and they also uh joined the chamber of commerce, so they had a rubbing cutting for the event too.

So it was a really nice event this weekend.

So I thought I'd start with something kind of fun.

Um again, this is just a reminder that we are hosting um a town hall uh on utilities.

So Rochester Public Utility will be there to speak.

Everyone in the community is invited to attend.

It'll be on May 12th, Tuesday from 6 to 7.30.

So at the Heinz Center, and again, there's um I hate to say the C word, but construction uh going on in Rochester.

So you may have to approach um the uh Hein Center from uh a different direction than you might have prior to.

But please do come, bring your questions.

Um Tim McCullough and perhaps some others will be there and talk about how we're moving to be 100% renewable, what we're doing, talk about your bills.

You can talk about anything you want having to do with utilities.

Should be nice.

Um, I thought I'd just touch space really briefly.

Um, as you know, and I announced last time we had a meeting.

Um, the I went to City Lab.

And so this is uh the bottom picture on there is the mayor's group.

There is a one-day mayor's uh innovation studio.

So mayors from around the world get together.

There were a number from the United States, but it's a very global event.

Um, and uh we talked about city design, housing, community connections, healthy environments.

Um, there was a lot of talk about designing for togetherness and belonging.

Um, there was a fact that they mentioned that uh during this conference, uh, beyond just the mayor's day, but throughout the whole next day and a half where we were together with uh experts and developers and all sorts of folks, is that in the past 70% of architects were employed by cities.

Today it's one percent.

And I found that fascinating.

Cities often had and did have a number of architects uh in in their employee, and that just doesn't happen anymore.

Now we do consulting and hire firms.

So that was that was something I knew nothing about.

Um regarding connecting communities, the Sixth Street Bridge came to mind as we were we were you know listening to the discussion about that.

Um cities that built these connections, whether it be walking, um any kind of bridge, but bridge that also had walking capabilities, it could also be cars, um, saw economic growth, increased property values and bike and ped use uh jumped uh beyond expectations.

And there were mayors from London and Madrid in particular, a couple others talking um about the results that they had seen.

They also talked about when you're um, and I've got a quote here if I can find it in a minute.

Um this is a Manchester mayor.

You have we all as elected officials and elected and um employees have to change the cities that we live in, but we don't want to change the character of the city.

And I thought that's really profound.

We do we have to change life, is about change.

As cities grow, they absolutely must change.

But how can we do that with keeping the character of the city intact?

And I think that's been a challenge here for our staff and certainly for us and some of the projects that we've had.

Um, and they said, you know, change must be done to enhance the economy and and the economy for the people that live there.

Um you just you can't run from that.

We talked a lot about sprawl and um low density housing needing to address that as cities continue to grow and rural areas shrink, um, and how do you do that?

And and that it's really important.

Uh Lord Norman Foster, who does a lot of design work, talked a lot about getting the balance right.

And again, it's it reminded me so much of what we do at this table so often, trying to get that balance right between density and still having a city that folks want to want to live in.

Um, they talked about design as uh as a social agenda and that public spaces were key.

Um again, it reminded me of a lot of the public spaces we've been and will continue to build in the city, whether it be um Peace Plaza or our parks, we have them all over.

Um they talked about um designing with children in mind, um, and that safe spaces are a must, um, and that all of us I think will say we've seen less children walking to school, less children biking to school, parents and caregivers feel less safe letting their kids out the door without you know that security, and that um between traffic, I use the word accidents.

I know other people like to use the term crashes, um, and addressing um safe spaces is really really important so that children and families do feel like they can let their children out.

Um the parks in Madrid in particular were fenced.

Um and they also have always had places for adults to sit and watch the youth.

It was um their parks are massive there, but it was uh um it was remarkable.

Um I guess one of the things based on some of the comments I heard here before.

I um I'll just tell you about two funding opportunities.

Um, was that all cities are dealing with what we're dealing with here, and this was across the globe where you plan something, it takes years of planning.

You have your funding, you have your budgets, and then the reality of today hits, and cities all around the country and the world are facing the same problem we have, which are when you finally get to the point it's time to build, the budget doesn't work anymore.

And so those are challenges that we all have, and they were talking about you know, how do you continue to give a product that is meaningful to the area but do it in a way that affects the budget less, and they're convinced that we can do that, that we just have to um you know work hard at providing the same feelings of community and safety, um, but to do it in ways that um maybe weren't quite as elaborate as we had thought, but that will serve the same function in the end.

Um so I'll I'll leave it at that.

It was a fascinating uh week and opportunity.

I have lots of notes, which some of you that come to my office periodically will have to hear about just because um it was really exciting, and uh we had an opportunity.

The mayor of Kiev was there too, and I can't talk about that publicly because I I do tend to get quite emotional, but it was uh um a fascinating um discussion that he shared with us and and uh very meaningful.

Um the city recognitions that are coming up, some may have been mentioned, um, but National Firefighters Day is May the 4th Be With You Day.

Um National Police Week is May 10th through 16th, public work week, May 17th through 23rd, Building Safety Month, and Historic Preservation Month.

Those are all things that cities deal with and our employees deal with every day.

So we want to recognize them when we can and say thank you, uh, depending on the week in the department.

Um I have those up here.

And lastly, um, well, I want to share the the two funding opportunities, but lastly, from announcement general announcements.

I have um board and commission vacancies.

Um you'll see some in your program today or your agenda today, three have been filled.

Um we have a couple others.

The Mayo Civic Center, it does not happen directly with mayor's office, but it is uh one that has openings.

The Board of Appeals, Fire Civil Service, and Police Civil Service Commission do have an opening each, one each, so I'll be looking for three folks.

And I would just say the Fire Civil Service Commission and Police Civil Service have to do with hiring and promoting uh within the department.

And so if you know you have any interest in HR or those areas, uh please go online and fill an application.

I do believe the website is working now.

And lastly, the two announcements um Bloomberg does funding opportunities every year.

Um he does the uh Bloomberg Initiative for cycle infrastructure.

They're going to open a new grant cycle in June.

Um last time it was between 400,000 to a million dollar cycling infrastructure uh grants for capacity building and planning.

They gave out two around the world, none in the United States actually last time.

Um, but they are they are um gonna give out, I believe 24 this next year.

Um so uh they suggested we consider applying, and only the Bloomberg cities get to apply.

So as you know, we've won one in the past, and I said, will that affect us at all because we've won a grant?

And they said absolutely not uh consider putting in an application.

And also there's um the Global Mayors Challenge will be coming up again probably for the next May or next year, and then the there's a youth grant coming up, and I'm gonna talk with the youth council to see if there's any interest in um having the youth council uh put in an application for a grant.

So that's all I've got.

Thank you for that.

Great.

Thank you, Mayor.

Thank you for all that insight and uh information.

Next up, we have the order of the agenda.

Is there a motion to approve the agenda?

Second.

Moved by councilmember Fredericks and seconded by councilmember Miller.

All in favor say aye.

Aye.

Aye.

Opposed say nay.

Motion passes.

Next is the consent agenda.

I have not received any polled items.

Is that correct?

Uh therefore I invite a motion to approve the consent agenda.

So moved.

Moved by Councilmember Miller and seconded by Councilmember Fredericks.

Councilmember Wall.

Thank you.

Uh we are about to approve.

Thank you.

We are about to approve uh nine contracts, uh amounting to 9,276,000.

The estimates, however, uh prior to bidding were 11,149,000.

And through the good work of uh staff and our construction partners uh around the area, uh we saved 1,872,000 or 16.8 percent off of uh the estimates.

So really great great work.

Thank you much.

Thank you, Councilmember.

We all appreciate you pointing that out and uh and the good good work of our staff on that.

Uh motion has been made, seconded.

All in favor say aye.

Aye.

Opposed say nay.

Motion passes.

Moving on to our public hearings.

We have five public hearings on our agenda this evening.

And uh uh before we begin, uh take a moment to talk about the process.

It's a little different than our open comment period.

Staff will first introduce the item uh and give or give a presentation.

And then if there is an applicant or applicant's representative present, they will have up to 10 minutes to discuss the item.

After which I will open the public hearing.

Members of the public have up to five minutes to speak on the item.

Just as with open comment period, please keep your comments uh confined to the item and uh and concise.

And uh after the public hearing, I will close the public hearing and invite the applicant back up to answer any questions and or respond to questions from uh the council.

And with that, uh we have the first public hearing, which is item G1, an issuance of conduit multifamily housing revenue bonds related to the commons at Bear Creek, Mr.

Svenby.

Good evening, council meeting members of the city.

I think you turned it off, actually.

There you go.

Good evening, council and the president, council members and mayor Norton, Brent Svenby community development.

Tonight we're here for a public hearing to consider adopting a resolution for the issuance of tax exempt conduit multifamily housing housing revenue bonds for the financing of the acquisition construction equipping of a approximately 149-unit apartment building located along Fourth Street, just across the bridge, um, just east of Bear Creek.

Um, so just kind of just um across the river from Riverside Elementary School.

The project does qualified as a qualified rental housing project.

Um, on average, 100% of the units will be affordable to persons at 60% AMI levels, meaning that there may be some units at the 30% range, 50% range, 60% range, and 70% range, but on average it'll be a 100% at the 60% AMI level.

So basically, back in January of this year, the council was awarded um bonds in the amount of $27.1 million dollars.

Um, this was the third go-around for these bonds.

Um, the first application the city made was back in January of 2025.

We didn't were not successful in those bonds.

We applied again in July of 2025, and we applied again in um January of 2026, and we were awarded bonds this time around.

It usually takes them a number of cycles to get through the bond process when they're allocated by the state.

Um, and then the bonds do allocate or they do expire 180 days from when they were issued by the state when they were issued on January 12th of 2026.

The bonds will give the borrower in this case it's Rochester one limited partnership, um, access to taxes and financing, which means lower interest rate cost and allows the bowers to obtain 4% housing tax credits for the project, which will generate significant source of equity for the project.

Um, if issued, the bonds are secured solely by the borrower's assets and the revenues deprived or derived from the loan agreement, which the borrower agrees to pay all payments and on the bonds.

No money will pass through the city.

Um, no money or assets of the city will be pledged for the payment of the bonds.

All the payments are on the um developer in this case.

Um the bonds will not constitute a general or moral obligation on the city, they were not be secured by or payable from any property or assets of the city or by any taxing powers of the city.

Um the bonds will not affect any debt limitation imposed on the city.

They will not have an adverse impact on the credit of the city.

Um the bonds are fan financial tools that cities can use um to help achieve a public purpose of generating affordable housing.

Um this isn't the first time the city has received bonds bonds for a project.

Um, most recently we received bonds for the Sherman project, which has tend to hopefully will be breaking ground here in June of this year.

Um, prior to that, we receive um bonds for the Bella Grove project, River Glenn on River Glen Project, Flats on Forth, and Eastgate project to name some recent projects where the city has applied for bonds on behalf of the developer and have been issued bonds and have had successful projects.

So with that, I'll stand for any questions.

I know the developer is in the audience, and he may wish to address the council to introduce myself.

Sounds good.

Thank you, Mr.

Zen B.

Uh if the uh applicant or applicant's representative is here, please step forward and uh uh introduce yourself.

And you have up to 10 minutes to uh address the council.

Awesome.

Well, good evening, Mayor Norton, Council President Schuberg, and all council members.

My name is James Riley.

I'm a vice president project partner with Lincoln Avenue Communities.

We're the project sponsor of the Commons at Bear Creek.

Um, you know, as Brent mentioned, we've been working on this project for over a year and a half now, very closely with city staff.

Um, and so really excited to hopefully be breaking ground here early this summer.

Um I just wanted to say um from Lincoln Avenue communities how excited we are about the prospect of being a part of the city of Rochester here.

Um, the growth and the policies that you all have implemented have started really coming to fruition and are evident in everything that's going on in the city here.

So we're extremely excited about the prospect of being involved.

Um, and really with that, happy to answer any questions that you all might have on myself or the firm or our project as a whole.

Thank you.

We'll invite you back up after the public hearing.

Thank you.

With that, uh, I will open the public hearing.

This is a public hearing.

Anyone wishing to speak on this item, please step forward.

Anyone wishing to speak on this item, please step forward.

Seeing no one, I will close the public hearing and invite Mr.

Riley back up and Mr.

Svenve as well.

And uh if there are any questions from council members, Mayor Norton.

So this is um a question, maybe for Brent, but for either of you.

Um there is concern in the public about um the density of low income in one building.

And if I'm not mistaken, that is part of the requirement.

The low-income housing is part of the requirement to get the bonds.

So could somebody maybe walk folks through that because people are worried about that, and yet that's how the program works.

Yeah, I don't want to speak for Brent on this.

Um, you know, from our standpoint, the affordability um goes along with the financing.

So, as Brent mentioned, this is being financed by not only taxes and bonds, but through those bonds, we qualify for the 4% low-income housing tax credit as part of that per um IRS, so federal guidelines.

The project has to average to 60% AMI, um, which are considered affordable rents.

As Brennan had mentioned, we'll be using income averaging here.

So while the average income of the units works out to 60%, there'll be a wider band going down to 30% AMI all the way up to 70.

And you know, really the 70% rents in pretty much every market in the US get very close to market rents.

So that really helps us accomplish uh the diversity of unit types and incomes at the property, and you know, hopefully not concentrate a certain income level um in one community.

So that was really our goal with the income averaging.

Thank you.

That's exactly what I'd hoped um you could address for the public because there is confusion.

So thank you for that.

Any other questions from council members?

Is there a mo you can sit down?

Thank you.

I was just gonna wrap up that go ahead.

Um, just asking the council to adopt a resolution adopting the housing program, the issuance of the conduit multifamily housing revenue bonds and the execution of related documents relating to the commons at Bear Creek project.

Is there a motion on this item?

I'll I'll move to adopt a resolution.

Um resolution adopting the housing program, the issuance of the conduit multifamily housing revenue bonds and the execution of related documents relating to the commons at Bear Creek.

Motion made by Councilmember Keene and seconded by Councilmember Fredericks.

Councilmember Keene.

Uh no, nothing to add.

This is uh something we've been working, has been worked through staff and through this council for a while now.

Um it uh it does.

Um it uh it it does I appreciate the mayor's interest there and making sure we don't um co-locate too much of the sort of the workforce housing in one spot, and and we've had some other projects where it's been moved around other parts of the city, so I think it's uh been uh done well.

Councilmember Wall.

I have had uh just a couple of comments from two two different people uh as to trying to make this building uh as attractive as possible on a heavily uh used thoroughfare uh in Rochester.

So just a word.

Councilmember Fredericks.

Appreciate the developers for bringing a great project to the community and enhancing our downtown.

So thank you.

And just to add to the choir, one thing that I'm really excited about is to see rental units coming into the market.

I we have a really tight rental uh market here and to bring see more on the supply side really can help really move that.

So thank you very much.

And with that, all in favor say aye.

Aye.

Pose say nay.

Motion passes.

Next up we have item G2, which is a conditional use permit uh by the city of Rochester, Mr.

Muller.

Good evening, uh Council President, Mayor, members of the council, Elliot Muller, Rochester Community Development.

Um, so as the council president had mentioned, the applicant tonight is city of Rochester.

Um, and the request is for approval of conditional use permit number CD 2026 003 CUP for changes to structural works with alterations of the flood wall, placement of supporting peers in the floodway subdistrict for the development of the sixth street bridge.

Um the site, uh as you may have guessed, is located between Sixth Street Southwest and Sixth Street Southeast across the Zumbro.

Uh the overall Sixth Street Bridge project is currently going through federal and state reviews, um, which have included a higher level of review and more detailed plan sets than just this conditional use permit.

Um however, this is a requirement under the unified development code for any bridges, streets, or railways that would be crossing or being built within the floodway.

Uh the floodplain development permit or conditional use permit, but we use the uh floodplain criteria is intended to ensure that all development in the floodplain complies with all applicable federal, state, and local regulations and that it's designed to reduce risk of damage due to flooding.

Um the structural engineering of the bridge will prevent any uh exposure to flood hazards.

There is a one inch rise with the placement of the peers within the floodway, um, but that will be handled under the conditional letter of uh map revision through FEMA.

Um so that will be uh outside the city um outside of my preview under that one, but um otherwise the development team is recommending approval um with two conditions, um, and then the planning commission has forwarded a recommendation um the same.

And the applicant is sitting to my right.

I'll answer any questions you might have.

Thank you, Mr.

Moeller.

So when you said the applicant is sitting to your right, so the does the applicant wish to use their 10 minutes to discuss the project.

Uh no, thank you, Council President.

I think uh Mr.

Mueller covered it well.

All right, thank you.

Uh well, with that, I will open the public hearing and invite anyone who wishes to speak on this item to please step forward.

Anyone who wishes to uh be heard on this item, please step forward.

Seeing no one, I will close the public hearing and invite uh my colleagues to ask any questions.

Councilmember Keene.

Uh yeah, um Mr.

Moeller, just this is not the first time that the city has been the requester for something like this, and there's we're following uh our our rules and state law by having a uh a public hearing and a conditional use.

Is there any unique things we have to do when the city is both the approver and the requester?

That's a great question.

Um defer.

Uh thank you for the question.

Um, I think what we're doing is following the same process that we'd require any other applicant, and so we're there is really no difference in terms of process.

We're kind of going through um this application went to the planning commission for review.

It is before city council.

So we're following the same process outlined in the unified development code that we'd ask any other developer applicant to follow.

Oh, okay.

I again I've I've seen that, and I think that's an important thing that we go to the these um advisory groups.

At the same time, I'm just just get feeling a little discomfort with the idea that the city is approving something for the city, and uh uh I'll just bring it up as a concern, but I'm glad to see the process being followed.

And I would also note that we coordinate with the county in terms of floodplain permits, and then this is also being reviewed by FEMA, so it's not just solely um by the city council.

This is a step in that process.

Very good, thank you.

Councilmember Wall.

Thank you.

And I appreciate uh extra information uh earlier uh this day that helped me understand better uh the length of this project and uh the fact that this is not a new uh problem to solve.

But an answer that I didn't necessarily get and want to understand better.

The moving of the channel walls, I presume will add to the cost of uh preparing whatever it is that uh we are going to be doing with with the peers.

Will that subtract from amenities that will be available to the larger scope of the project?

Mr.

Samson Brown?

Uh Councilmember Wall, it's uh not really a direct correlation.

So we looked at several alternatives that improve the uh landscape amenities along the corridor in combination with the size of the bridge opening uh at 6th Street.

So in this particular case, uh some priorities, especially on the east side of the bridge, is to maintain a separate Zumbro River Trail crossing from the street, maintain that protected crossing.

So uh some of the wall reconfiguration is related to that particular component.

And while the piers go in the middle of the river where the bridge touches down on land, those are the abutments.

So those obviously have to be built to support the bridge.

So abutment construction is also causing modification of the walls, and all that comes to the net design uh and the final deliverable.

So I'm not sure one's triggering the other.

It's more a matter of the wall.

We're reshaping the walls to fit the landscape architecture and recreational amenities that have been built into the project, if that makes sense.

Okay, uh, I'll ask it in a little bit different way.

Uh when we're done, will we get the pretty pictures that we have seen?

Yes.

Yeah, I want to remind everybody there's two phases to this project, but especially on the southeast quadrant, uh adjacent to the uh what's known as the AMP site.

That will be uh an opportunity with public realm, uh places to stop.

There'll be uh access down to the riverfront.

So, yes, we've had to scale back from the very first rendering uh to make sure we remain on budget.

But yes, there will be it'll be a great place to come and visit and hang out as a community member.

Thank you.

Councilmember Doring.

Trying to get Mike.

Um, with the thank you so much.

With the with the changes in plans, will it have any additional adverse impacts on private property owners?

Uh there'll there's no planned adverse impact to private property owners.

There is a parallel project um to modify an earth berm within Soldiers Field Park.

Uh that will actually reduce the area of inundation that occurs today without the Sixth Street Bridge being built.

Thank you.

Uh Councilmember Fredericks.

I'll make a motion adopting a resolution approving conditional use permit number C 2026-003 C U V by the City of Rochester for changes and structural works with the alterations of the flood wall and location of the supporting peers for the development of the sixth street bridge with two conditions.

Second.

Motion made by council member Fredericks and seconded by Councilmember Keene.

Any more to add, Councilmember Fredericks?

No, good work.

Councilmember Keene, Mayor.

Yeah, I will just reiterate.

I think what I was hearing Councilmember Wall um make take comment on, which is there was a lot of community engagement that happened with this project.

A lot of community engagement.

And the money for this was we started lobbying in 2020.

I think we got the money in 2021.

It has taken this long, too long in my mind to get here.

But here we are finally, and I want to make sure that we do not underperform and disappoint the folks in that neighborhood who gave us a lot of input about what they wanted, and we made a lot of we asked we'll do this.

And so I see nodding.

So I think they're familiar with this concern, but I just want to raise it and I appreciate uh council member uh wall mentioning this too because it's an important uh part of our job.

Thank you, Mayor.

Uh seeing no other comments, all in favor say aye.

Aye.

Opposed say nay.

Motion passes.

Moving on to item G3, which is a vacation permit uh by Olmstead County.

Uh Mr.

Muller.

Yep, evening, uh Council President, uh, members of the council mayor, uh, Elliot Miller, Rochester Community Development.

Um tonight the applicant is Olmsted County, um, and they're requesting approval of a vacation petition to 2026 003 VAC to vacate a water main easement that is 20 feet wide and approximately 1,960 feet in length.

Um, it snakes across the property.

Um the site is located that the waste energy property, which is at 301 uh energy parkway northeast.

Um the water main and the associated easement will be relocated to allow for an expansion of the waste energy facility.

Um the county currently has a site development plan under review with the city of Rochester.

Um, this being the last outstanding comment before we can approve it.

Um and then tonight the development review team is recommending approval of the petition.

Oh, answering questions you might have.

Thank you, Mr.

Moeller.

Is there a representative from OMSAD County here?

I don't believe so.

With that, I will open the public hearing.

If there's anyone uh wishing to be heard on this item, please step forward.

Anyone wishing to be heard on this item, please step forward and seeing no one, I will close the public hearing and invite my colleagues to ask any questions or make a motion on this item.

Councilmember Keene.

I'll move to adopt the resolution approving the vacation petition CD 2026-003 VAC by Olmstead County to vacate a 20-foot wide water main easement approximately 1960 feet in length on the Olmsted County waste to energy property.

Second motion made by Councilmember Keene, seconded by Councilmember Fredericks.

Councilmember Keene, any more to add?

Councilmember Fredericks.

All in favor say aye.

Aye.

Opposed say nay.

Motion passes.

Uh on to G4, which is another vacation petition by the city of Rochester.

And this would be Mr.

McGill.

Uh thank you, President Schubering.

Uh, Mayor Norton, members of the council, good evening.

Desmond McGill, I'm with community development.

I'll be introducing this application for you.

Uh City of Rochester Public Works Department is requesting approval of a ride-of-way vacation.

Uh the subject request uh for vacation uh is for the second Avenue Northwest uh uh street, uh north of 26th Street.

The proposed right-of-way vacation is 66 feet in width and 125 feet long.

Uh the right way is presently undeveloped with no street improvements or public utilities.

Um when Balhalla second subdivision was platted in 1967, it was anticipated there would be a connection to the north uh into that residential property.

However, when that prop uh project came along 20 years later, uh the streets in that development did not connect to the second streets dub out.

So uh those those streets ended in a cul-de-sac bulb.

So um therefore um this right-of-ways certain cur currently dead ends uh at the south end of that subdivision and provides no access or uh public benefit since the right-of-way was dedicated for public transportation and infrastructure uh as part of the Valhalla second subdivision.

Uh the city should probably release and vacate the street.

Uh this development review team is recommending uh approval of this application, as is the planning and zoning commission.

Um and uh once this vacation is recorded, uh it is anticipated that the east 33 feet uh will be absorbed into the lot to the east, and the west 33 feet will be absorbed by the lot on the west side.

Um that concludes my introduction.

I'd be happy to answer any questions the council may have after the public hearing.

Thank you, Mr.

McGill.

At this point, I will open the public hearing and invite Mr.

Matt McGillpin up to uh speak to the item.

And you have five minutes.

And please introduce yourself and okay.

My name is Matt McGolpin.

I live at 2032th Street.

Thank you for hearing me.

Um I'm here because I had a received a phone call last summer about the vacation of the property.

And uh so I was interested, and I believe I talked to Brother Swindby over here on that occasion and possibly one other time about the lot.

And I guess I'm expressing my interest in the lot.

Um I I do have a couple questions about it.

Um, one being um if I guess let me back up.

The neighbor next to the other side of the lot.

I had spoken with her, and she is not interested in that half.

So I'm I guess I'm putting my uh I guess uh what I'm trying to say is I'd I'd be interested in the other half as well, if that's feasible.

And I was wondering what um possibly the tax increase would be on that.

And um, I guess I was also told that there may be concrete that's buried in the middle of that.

So from I guess past dumpings of concrete trucks.

I was wondering what that would entail.

That would um make it viable land or not.

Um I guess those are my questions.

Okay, thank you.

We will uh get to those after the public hearing.

This is a public hearing.

Anyone else who wishes to be heard on this item, please step forward.

Anyone else wishing to be heard on this item, please step forward.

Seeing no one, I will close the public hearing and invite Mr.

McGill to answer Mr.

McGulpin's questions.

Sure.

Well, uh thank you, uh Council President Schuberg.

Uh, regarding the the, you know, who the property is uh, you know, who it ends up with after the the resolution is recorded.

That's a function of the county assessor's office.

It's not you know the function of staff or the city council for that matter.

Um I guess the decision at hand is whether or not you want to vacate this street or not.

Um we anticipate that each half will go to um both property owners.

Um I don't know if uh the county could somehow dedicate or require uh allow the the east half to be dedicated over to the west property owner.

So a question is so you you heard Mr.

McGopin's uh request.

So where does he go for those answers?

Uh you could uh speak with the cat the property records office once the vacation is recorded.

Um and uh of course, if it is split down the middle as we anticipate, um uh perhaps they can negotiate a property line adjustment or something that would bring it back into his property after after the fact.

Okay, thank you.

Uh council member Palmer.

So the city doesn't own the land.

Um it has an easement on it, and so when we give up the easement, it goes for free to both parties on both sides of the property line, correct?

Correct.

And then they can decide what they want um with the county as far as the assessment goes.

Uh yes, the the the assessment as well is also a function of the county assessor's office.

Um I I believe that most of the value is associated with the structure itself on the property.

I don't think there would be that much uh um increase in the in the taxation on the property, um, although I could not specify a specific amount uh that that would be assessed.

Okay, and just for information on on it, I was just dealing with the county on another land thing, and you can swap the land for a tax for free to bring it onto your property, which won't cost them anything.

So thank you.

Councilmember Keene.

I have one clarifying question.

Um I've heard the term easement, but I've also seen right of way, and I believe this is a right-of-way, and I believe it is owned by the city.

It is right-of-way, uh, but it's not fee title uh owned right away.

It's it was essentially dedicated through the plat.

So it is similar to an easement um this right-of-way.

Um, it is not something that is a property in and of itself.

Uh, once it is vacated, uh it just simply is absorbed back into the properties.

Yeah, that does feel like a unique situation.

Um then the second question this idea of like I I've been involved in many issues where we do the vacate, and uh it's almost like uh the the rule of thumb or the first operating thing is the splitting the ownership goes to either side.

Is that by law or is that just a convention that we've used?

Um I think what the the county assessor's office looks at is what subdivision did this land come from uh in which this you know right away was dedicated.

And in this circumstance, both the property on the west side and the east side of this street were part of the Valhalla second subdivision plat.

So uh likely the uh you know property would essentially be absorbed by the most contiguous properties of of the subdivision to that right away.

Okay, a slightly different question.

We've had other um uh city-owned property that have come from uh in some cases land swaps or park things um that were city properties that end up becoming either sold or were used as leverage to uh build owner-occupied housing.

Was that considered for this property?

Or can it be considered?

I don't believe it can be.

Um perhaps a question for for the uh the legal team, but I don't believe it can be.

Uh Mr.

Uh it can't be because it's right of way, so we can't we can't sell it as a lot, it's not a lot.

Okay.

Um going back to your earlier question about is it an easement?

Most right of way is an easement.

It's not a lot, it's not a property.

So what Desmond was saying is it's not fee title.

Sometimes we do have roads that are a parcel that we own, but that's pretty uncommon.

Most streets are an easement that is called right of way over top of it.

And when we vacate it, it goes back to the adjacent property owner.

Okay.

We wouldn't have been able to sell this as a lot.

It's not a lot.

It's right of way.

Um thank you for the clarification.

But I believe that's something the city of Rochester does, and other municipalities don't have that convention that they really do have property that is right of way.

I wouldn't want to venture, I guess, on the seasons do it.

Um all right, thank you.

Anyone else motion?

Uh Councilmember Frederick.

I'll make a motion adopting a resolution approving vacation petition number C D 2026-002 VAC by the City of Rochester to vacate a 66-foot wide public right-of-way, approximately 125 feet in length, dedicated for 2nd Avenue Northwest, north of 26th Street Northwest, and south of the Riverview West Replat subdivision.

Second.

Motion made by Councilmember Fredericks and seconded by Councilmember Doring.

Any further discussion?

The mayor.

Thank you.

It's mostly clarification.

So the action that the resolution that was just read that will be voted on, the action item doesn't describe where the property will go.

We're just vacating.

So just to be clear for folks listening, then the next step.

So what we write in the report narrative really is neither here nor there.

Right?

We're only doing the action item.

So now the gentleman that spoke could go talk to the county uh with his neighbor and resolve this in that fashion.

Thank you for yeah, thank you.

Thank you for that clarification.

With that, uh all in favor say aye.

Aye.

Opposed say nay.

Motion passes.

Uh next up we have G5, which is a final plat by SCS Rochester.

And uh this is Mr.

McGill as well.

Yes, uh, thank you, Council President.

Uh I'll be introducing this item as well.

It is a final plat uh for Rochester Savannah uh subdivision plat by SCS.

Uh it is a 30-acre site located at the southeast corner of Badger Hills Drive Northwest and 50th Avenue Northwest in an R2 zoning district, which is low density small lot, uh low residue residential density small lot.

Uh the general development plan was approved in December of 24, um, which consists of a rental town home community uh with 196 units.

Uh a major land subdivision was approved uh by the council in September of 2025, and this final plat would create two blocks, each having one lot uh and a collector road extension of Alpha Parkway Northwest, which will extend through uh the development and connect to Badger Hills on the north side and 50th Avenue on the west.

Um this final plat is consistent with both the preliminary plat and the approved general development plan and the development review committee is recommending the council approve this subject to the five conditions of approval in your staff report and resolution.

Um that concludes my introduction.

I'd be happy to answer questions after the public hearing.

Thank you, Mr.

McGill.

Is there a representative uh from the applicant?

Please step forward, uh identify yourself, and you have up to 10 minutes.

Okay, good evening, Council President, members of the council, Mayor Norton.

Uh my name is Craig Britton.

I'm with Widseth at 3777 40th Avenue Northwest Rochester, and I'm here representing the applicant SCS Rochester on their final platform submittal.

Uh, we have reviewed the conditions that are are outlined in the report and in the resolution and are in agreement are in agreement with those.

So um I'll be here to answer any questions you may have.

Great.

We will call you up after the public hearing.

And it may be sooner than you expect.

Uh this is a public hearing.

Anyone wishing to be heard on this item, please step forward.

Anyone wishing to be heard on this item, please step forward.

Seeing no one, I will close the public hearing and invite Mr.

Pretend to uh make any closing statements.

Um I don't have any for you.

All right, with that, uh council members, council member Wall.

And this is for Mr.

Britton.

Um I believe I remember this as a rental townhome community.

Correct.

Uh we have uh approved uh a couple of others uh in recent years, neither of which were built.

Uh I'd love to hear uh your assessment of the current market for rental town homes.

Uh what research have you done that would lead you to believe this is really the right thing uh for Rochester?

Yes.

Um well thanks for that question, and uh really that's uh um I would uh leave that for the developer to answer, but I know they have uh done some research.

Uh they've completed um and uh many successful projects across the the nation.

Um, and um uh feel that this is a right fit for Rochester as well.

Thank you.

Any further questions?

Seeing none, is there a motion on this item?

I'll make a motion adopting a resolution approving final platform.

What's that buddy?

Oh, I was okay saying Mr.

Bratan can sit down.

I'll start over adopting a resolution.

Councilmember Fredericks.

Final plat number C D 2026-006 PLAT by SCS Rochester to be known as Savannah Rochester with five conditions for the subdivision of 30.17 acres of land into two residential lots.

Motion made by council member Fredericks.

Is there a second?

Second, seconded by uh councilmember Keene.

Any more to add?

Councilmember Fredericks, Councilmember Keene.

Go ahead, Mr.

To you and the developer.

Thank you for adding uh more uh units to our fold.

I believe that adding a housing option for a rental in an area like this is a good good idea.

So thank you for providing that with that.

All in favor say aye.

Aye pose say nay, motion passes.

Moving on to our ordinance first readings, Mr.

Spindler Craig.

Thank you, Mr.

President.

There are two first readings this evening.

Item J1, an ordinance amending section 3-1-17 of chapter 3-1 of Title Three of the Rochester Code of Ordinances relating to dangerous dogs.

Item J2, an ordinance of the Rochester City Code approving the renaming of roadway section located at the intersection of 45th Street Southeast and St.

Bridget Road Southeast, and runs eastwardly to Sports Complex site to Game Day Drive Southeast.

Moving on to the second reading, item K1, an ordinance amending sections 2-16-2 and 2-16-7 of chapter 2-16 of Title 2 of the Rochester Code of Ordinances relating to public ethics.

Oh, move approval.

Motion made by Councilmember Keene.

Second.

Seconded by Councilmember Doring.

All in favor say aye.

Aye.

Poe say nay.

Motion passes.

Moving on to other business, we will now recess to a meeting of the Rochester Economic Development.

It by Councilmember Wall.

All in favor say aye.

Aye.

Aye.

Poe say nay.

Motion passes.

We are back to the city council.

And is there a motion to adopt the findings of the Rochester EDA?

So moved.

Motion made by Councilmember Miller, seconded by Councilmember Fredericks.

All in favor say aye.

Aye.

Aye.

Pose nay.

Motion passes.

Is there a motion to adjourn the city council?

So moved.

Motion made by councilmember Fredericks.

Second.

Seconded by Councilmember Miller.

All in favor say aye.

Aye.

Aye.

We are adjourned.