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

Board Meeting

August 14, 2008

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

Guests: Roger Ihrke, Michael Sheehan, Dan Fenske, Sherrie Bowe, Steve Holtegaard, Homer Tompkins, Roger Engholm, Jim Anderson, Bill Tointon, Brad Lewis and Valerie Coe.

Brian called the meeting to order at 7:00 PM

Minutes – Douglas Butler made a motion to approve the July 10, 2008 minutes. Jeff Orth seconded the motion; it was voted on and passed.

Reports –

Deputy Valerie Coe – Deputy Coe reported that it was unusually quiet this month. She reviewed the month call sheet with the board.

Ultra Light flying – Someone is flying an ultra-light North off of 40th Street and East of 60th Avenue. Brenda Dicken checked with MATS to determine what restrictions there were for an aircraft in an R2 Zone. They said an individual in a R2 would need a CUP for a landing strip for an aircraft. It is questionable whether an ultra-light is considered an aircraft. Board decided to monitor it and see what happens.

Treasures report –

Douglas Butler made a motion to approve the Treasures Report.

Gary Donovan seconded the motion; it was voted on and passed.

Money Market $ 574,209.41

Checking Acct $ 18,783.00

Checks Written $-234,123.12

Deposits $ 292,086.93

Closing Balance $ 650,956.22

Contingency $ 320,000.00

Operating Balance $ 330,956.22

RT Claims – Douglas Butler made a motion to approve the Rochester Township Claims number 635 - 651 for $48,582.46. Brenda Dicken seconded the motion; it was voted on and passed.

JPB Claims – Gary Donovan made a motion to approve the JPB claims number 1163 – 1188 for $89,494.05. Jeff Orth seconded the motion; it was voted on and passed.

Maintenance Supervisor - Lenny reported that they are working on completing FEMA projects. As part of that, they are about 2/3 done on Old Valley Road, and they need more Riprap. Conway Court has been tiled and they have finished paving the road. They have put the wet blade on the mower. The County used it one day, and we are now doing contract work with it. We are still working on some shouldering in the Township. The salt for 2008/09 has been ordered, Lenny requested 400 ton.

Road Side for Wild Life - Douglas Butler mentioned the state has a program that encourages Townships to plant native grasses in the road ditches. We will consider trying this on the new section of Meadow Crossing Road.

Salt / Sand Shed - Jeff Orth made a motion to move ahead with salt shed. Douglas Butler seconded the motion; it was voted on and passed.

Board of Adjustment – No Meeting

Planning and Zoning – Douglas Butler reported that Planning and Zoning approved a

CUP for spreading bio solids with 12 conditions.

TCPA – Financial concerns - Because of lack of building, townships may have to subsidize TCPA. TCPA might need to make a special assessment based on population to subsidize. Lenny proposed that TCPA should build up a reserve to the point they would have 100 % of a years operating budget.

Boulder Creek –Road Access Plan – Brenda Dicken said Mike Sheehan had received the payment from the bonding company. Steve Holtigaard objected to the replacement of the culvert. Gary Donovan made a motion that we leave the request for compensation from the bond as is. Brenda Dicken seconded the motion; it was voted on and passed.

Annexation Petition R2008-002 ANX 87.09 acres - Mike Sheehan explained the city of Rochester’s proposed annexation of 87.09 acres to replace the county maintenance building and grounds at the fairgrounds. The other planned use of the area will be for a Regional Training Center and a salt/sand facility.

Vacation of Old Valley Road – Roger Ihrke said because of Mayo Woodlands Development there was a need to vacate a portion of Old Valley Road. The Developer agreed to give an easement. Our attorney felt we should either vacate it or abandon/extinguish our interest.

Roger Ihrke handed out a resolution extinguishing a portion of Old Valley Road. (See resolution # 080801)

There will be a private easement between the landowners (Steve Krenvold and Homer Tompkins (CPDC)) and the Bowe’s.

Brian Mueller called the vacation public hearing to order at 7 45 PM. Public Comment was asked for. We are going to act on the vacation of the property, by not taking any action on it. Brenda Dicken made a motion to close the public hearing. Gary Donovan seconded the motion; it was voted on and passed. Jeff Orth made a motion not to vacate the property. Brenda seconded the motion; it was voted on and passed.

Brian Mueller made a motion to open a public hearing on abandoning/extinguishing a portion of Old Valley Road. Public comment was open at 7:50 PM for the abandonment of Old Valley Road south of the river. The abandonment was discussed. Brenda made a motion to close the public hearing. Gary Donovan seconded the motion; it was voted on and passed.

Brenda Dicken made a motion that we accept the attached resolution to abandon that portion of Old Valley Road. Gary Donovan seconded the motion; it was voted on and passed. See Attached resolution.

Developers agreement for Mayo Woodlands on the River - Roger Ihrke opened discussion with the board on the developer’s agreement.

Roger Ihrke presented the Woodlands at the River Final Plat - The final plat had a name change, the roadway was changed to 30 feet instead of 33 feet with 15’ for utilities on each side of the road. The Final Plat was discussed. Douglas Butler made a motion to approve the Final Plat. Gary Donovan seconded the motion; it was voted on and passed.

Gary Donovan made a motion to approve the developer’s agreement for the Woodlands at the River. Brenda Dicken seconded the motion; it was voted on and passed.

Paving of Meadow Crossing Road – Gary Donovan said the CPDC (Homer Tompkins) said that he is willing to pay 50% of the paving costs of the section of the road from his development (Woodlands at the River) to western boarder of Mayo Woodlands. The cost is estimated at $225,375 for construction cost as well as paving all of Meadow Crossing Road from the South boarder of Mayo Woodlands to the north cul-de-sac ending at Meadow Crossing Road. CPDC will pay 100% of the cost paving Meadow Crossing Road within Mayo Woodlands. The board discussed who should pay for the other 50%, what would the formula be for accessing lots that will be added later, and can they develop additional lots with out another 2nd access.

The following steps were discussed:

1. We will have to resolve the secondary road issue first.

2. Determine how we pay for paving and up grading Meadow Crossing Road.

3. Who should pay or what would be the cost sharing on the secondary access.

If the Final Plat is approved without a cost share agreement in place, we will be accepting an obligation of $35,000 to upgrade that section of Old Valley Road that will now be called Meadow Crossing Road.

It was decided to suspend discussion on this road issue at this time and continue it in two weeks, on the 28th of August at 7PM. It was suggested that we invite Peter Tiede (our township attorney) to this meeting.

Easement Agreement - Steven Kvenvold and CPDC will accept the dedication of the portion of the road covered by this easement. Brenda Dicken made a motion to accept this easement. Gary Donovan seconded the motion; it was voted on and passed

Easement Agreement – Cairnbrae Home Owners - Accepting the dedication of the portion of the road covered by easement. Douglas Butler made a motion to accept the dedication of this easement. Brenda Dicken seconded the motion; it was voted on and passed.

Dan Fenske - Dan Fenske asked the board’s permission to move a second trailer on his property. The question for the Town Board is will we allow a second trailer on the property as a storage building. Gary Donovan made a motion that we recognize his request to bring in another trailer home to live in and the second for storage. Jeff Orth seconded the motion; it was voted on and passed.

Roger Ihrke - Roger stated that an individual is interested buying some property in the township ( the old Ashenmacher property). He wants to start a nursery and will have employees, currently under our ordinance you can’t do that. Will we make an exception? Roger told him he would have to have a CUP. Lenny mentioned it would be on a shared driveway. It was discussed and no action taken.

Resolution # 080802 amending and clarifying Mayo Woodlands Special District- . Douglas Butler made a motion to approve the resolution. Brenda Dicken seconded the motion; it was voted on and passed.

Flood Plan Protection Elevation 1043.6 - This is the level that the township and the developer have agreed upon. The developer will not build below that level unless a Flood Plan Level Study is done by FEMA.

Head Wall Study - No action

Picnic - Douglas Butler reported on the picnic to be held on Wednesday September 3rd starting at 3pm.

Meeting Adjourned 11: 45 PM. Brenda Dicken made a motion to adjourn the meeting. Gary Donovan seconded the motion; it was voted on and passed.

Respectfully Submitted,

Gary Swenson, Clerk

Brian Mueller, Chair

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