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

ROCHESTER TOWNSHIP BOARD - MEETING MINUTES

Members Present: Gary Donovan, Douglas Butler, Jeff Orth, Brenda Dicken, Brian Mueller, Lenny Laures, and Gary Swenson. Members Absent:

Guests: Bill Tointon, Homer Tompkins, Shelly Tompkins, Dennis and Sherrie Bowe, Jeff Broberg, Roger Ihrke, Jason Boynton, Elisabeth Bunn, Lynn Swenson, and Valerie Coe.

Brian called the meeting to order at 7:00 PM

Minutes - Approved May 8, 2008 Minutes as amended by Douglas Butler, seconded by Jeff Orth.

Audit Report – Jason Boynton from Smith Schafer & Associates, LTD presented the 2007 audit report. In their opinion, the financial statements presented fairly, in all material respects, the financial position of the governmental activities and each major fund of Rochester Township, Minnesota as of December 31, 2007. Jeff Orth made a motion to accept audit report as presented, Gary Donovan seconded the motion; it was voted on and approved.

The Woodlands - Bill Tointon presented “The Woodlands” preliminary plat and a Letter Of Understanding between C.P.D.C. and Rochester Township. This Letter Of Understanding requests the ability to plat up to twelve lots and receive building permits to be used for the “the Woodlands”. Currently there are 72 existing homes and 18 lots approved for a total of 90 lots in that area of development.

The preliminary plat was approved by the Planning and Zoning Committee with two conditions. One condition was the implementation of Deed Restrictions requiring minimum building site elevations of 1044.6. This is the same elevation as the Forbes residence just upstream. The second condition required that all of GGG Engineering’s comments be addressed. There was discussion regarding the name of that portion of Old Valley Road which will be used to access The Woodlands addition. It was suggested the “Meadow Crossings Road” designation be continued from the “T” intersection north to the cul-de-sac. Residents currently using this portion of the Old Valley Road already have addresses using Meadow Crossing Road, so there would be no change of address for them.

Bill discussed access to the Bowes property on the far north end of Meadow Crossing Road. Bill mentioned they could draw up an easement for a private road (replacing what was the Old Valley Road) to the Bowes property. Roger Ihrke suggested that the township vacate that road and have the two property owners each give an easement of 16.5 feet for a 33 feet road.

Brenda Dicken stated a concern about the flood plain level on the three lots and the placement of deed restrictions on those lots. After some discussion it was determined that the flood elevation that is used is conservative. Homer Tompkins suggested that rather than determining a pad level for a house, he would have a deed restriction on the elevation of the house. The deed restriction of 1044.6 for the house elevation would be established for the three lots.

Planning & Zoning recommended to approve the preliminary plat with the two conditions. Gary Donovan and Brian Mueller will work with the developers on vacating the road, addressing the deed restrictions, and road easements for the final plat.

Brenda made a motion that Brian and Gary work with the planning staff, and township attorney on the developer’s agreement, building evaluation of lots and deed restrictions, vacating the road, road easements, paving the balance of Meadow Crossing Road. Jeff Orth seconded the motion; it was voted on and passed. Jeff Orth requested to also be included on the committee.

Lenny stated the road (Old Valley Road) is there by prescription (Old Cart way) so the township would have a 66 foot right-of-way.

Gary Donovan made a motion to sign the letter of Understanding between Rochester Township and C.P.D.C. Brenda Dicken seconded the motion; it was voted on and passed.

Deputy Valerie Coe – Valerie reviewed the incidents during the past month in our township, she stated there was a fire on 40th Street and items stolen from a car on Meadow Crossing Road.

Treasures report – Brenda Dicken made a motion to approve the Treasures Report. Douglas Butler seconded the motion; it was voted on and passed.

Money Market $663,173.49

Checking Acct $ 14,697.33

Checks Written $ -26,308.36

Deposits $ 1,929.35

Closing Balance $653,491.81

Contingency $320,000.00

Operating Balance $333,491.81

RT Claims – Brenda Dicken made a motion to approve the Rochester Township Claims number 601- 618 for $29,852.39. Gary Donovan seconded the motion; it was voted on and passed.

JPB Claims – Jeff Orth made a motion to approve the JPB claims number 1125 – 1142 for $8,579.95. Brenda Dicken seconded the motion; it was voted on and passed.

Maintenance Supervisor - Lenny - Chris has been on vacation this past week, Mike will be on vacation next week. They have milled and resurfaced some roads this past month, it rained so they will have to go back and fix a few soft spots. They started back mowing this week. Tile is back in place in Conway Court and paving is done, but because of the rain there is still dirt work to be done. Lenny bought tools for the Cascade shop.

40th Street was classified as a haul road for the 40th Street Construction. Jeff Orth made a motion to have Lenny sign off on the haul road designation release. Brenda Dicken seconded the motion; it was voted on and passed.

Board of Adjustment – No Meeting

Planning and Zoning – Access Management and parking ordinances were discussed and tabled to the next meeting. The preliminary plat for “The Woodlands” was discussed and approved as previously mentioned.

TCPA – Brenda and Lenny updated the board on TCPA discussions.

Boulder Creek – Brenda Dicken worked with Peter Tiede on wording of the Letter Of Credit for future developments, the one used for Boulder Creek was written so it only covered paving. The Board directed Brenda to contact County Attorney Thomas Canan, who is handling the letter of credit issue, and request that he exercise the Boulder Creek

letter of credit for the amount owed us.

Head Wall Study - Gary Donovan said the project is done and McGhie and Betts made the changes necessary to tie the findings and evaluations to safety concerns as requested by our attorney Peter Tiede.

SWPPP Update - Brenda Dicken and Gary Donovan worked on the annual report and finished it.

Fire Letter was discussed - Jeff Orth made a motion to send this letter (reviewed at meeting) to the city council. Brenda Dicken seconded the motion; it was voted on and passed.

Meeting Adjourned 11PM.

Respectfully Submitted,

Gary Swenson, Clerk

Brian Mueller, Chair

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