Minutes_02_20

4111 11th Avenue SW - Rochester, Minnesota 55902 - Tel. (507) 282-6488

ROCHESTER TOWNSHIP SPECIAL MEETING MINUTES

Gary Donovan called the meeting to order at 7:00 PM.

Present: Brian Mueller, Jeff Orth, Gary Swenson, Gary Donovan, Brenda Dicken, and Douglas Butler

Guests: Peter Tiede, Roger Ihrke, Derek Mazula and about 100 interested individuals

Gary Donovan reconvened the January 31st meeting to order at 7:PM.

The purpose of this meeting is to grant, with conditions to be determined, or to deny, the application for a CUP (Conditional Use Permit) from Drifens LLC, based upon information that is a matter of public record, as well as information presented at the public hearing January 31st, 2007.

Roger Ihrke was asked to give a brief summary on what brought us to this point. The Township Cooperative Planning Association (TCPA) received a request for a Conditional Use Permit (CUP) for the a professional treatment residential center referred to as the Ivy Lodge. The Rochester Township Planning and Zoning Commission (P&Z C) held a public hearing for this on November 14, 2006 and at the next P & Z commission denied the CUP. The applicant than appealed the decision to the Rochester Townboard. The board held a public hearing on January 31st, 2007 and now has reconvened to make a final decision. The board has four options available: one, they could rule to uphold the P & Z ruling; two, they could overrule the P & Z and grant the CUP with conditions; third, they could ask for another 120 extension and study the matter further; or forth, they could do nothing and the applicant would in effect be granted the CUP.

The board discussed the legal ramifications of approving or disapproving the CUP. According to Federal law individuals that have drug addictions are protected and cannot be discriminated against. The board reviewed the Township ordinance, discussed the alternatives with the township attorney and Roger Ihrke, TCPA administrator. Conditions for the CUP were also discussed.

Jeff Orth made a motion to approve the CUP with the conditions discussed. Brenda Dicken seconded the motion. The motion was discussed and Jeff Orth withdrew the motion. The conditions were discussed and revised.

Brenda Dicken made a motion to approve the CUP with 16 conditions (attachment A.). Douglas Butler seconded the motion; it was voted on and passed four to one.

Brenda Dicken made a motion to adjourn the meeting. Jeff Orth seconded the motion; it was voted on and passed.

Jeff Orth made a motion to close this meeting of the town board at 10:55 PM and reconvene it on February 20th at 7PM. Brenda Dicken seconded the motion; it was voted on and passed.

Respectfully Submitted,

Gary Swenson, Clerk

Gary Donovan, Chair

Rochester Township - 4111 11th Avenue SW - Rochester, Minnesota 55902 - Tel. (507) 282-6488