1 OFFICIAL PROCEEDINGS
2 WINONA COUNTY BOARD OF COMMISSIONERS
3 SESSION HELD MAY 22, 2007
4 7:00 PM – GOVERNMENT CENTER BOARD ROOM
6 The Winona County Board of Commissioners met in the Board Room on the above date with Commissioners James
7 Pomeroy, Jerry Heim, Dave Stoltman, Dwayne Voegeli, and Marcia Ward present. Others present were Robert Reinert, County
8 Administrator; Chuck MacLean, County Attorney; Brian Bender, Planning Director, Dave Kramer, Highway Engineer; Linda
9 Grover, Economic Development; and Deanna Johnson, Executive Assistant. Chair Stoltman opened the meeting at 7:00 PM.
11 On motion of Commissioner Heim and second by Commissioner Pomeroy, the Board approved the minutes dated May
12 8, 2007. Vote: Yes – 5.
14 On motion of Commissioner Pomeroy and second by Commissioner Voegeli, the Board approved the agenda. Vote:
15 Yes – 5.
17 On motion of Commissioner Voegeli and second by Commissioner Ward, the Board approved the following Consent
20 Approved Cattle Pass Policy submitted by the County Highway Department.
22 Authorized Leave of Absence for up to six months for a Public Health Nurse in the Community Health Department.
24 Adopted the following:
26 RESOLUTION #2007 – 40
28 WHEREAS, the Director of Community Social Services has advised that all Income Maintenance case actions are in
29 conformance with State, Federal and County laws, rules, regulations and policies.
31 BE IT RESOLVED that all Income Maintenance case openings, closings, suspensions, grant changes and any other
32 affecting client eligibility and payments documented in the Department on the State's MAXIS eligibility system through May
33 22, 2007 are hereby approved; and
35 WHEREAS, the Director of Community Social Services has advised that all Social Service case actions are in
36 conformance with State, Federal and County laws, rules, regulations and policies.
38 BE IT RESOLVED that all Social Service case openings, closings, payments, placements and licensing actions as
39 documented in the Department on agency listings for licensing actions, case records, record of human service plan cards,
40 purchase of service abstract, reports of refunds and cancellations, payment authorizations and computer printouts through May
41 22, 2007 are hereby approved; and
43 WHEREAS, the Director of Community Social Services has advised that all Social Service and Welfare claims against
44 the County submitted for payment May 22, 2007 have been reviewed and are eligible for payment pursuant to all applicable
45 rules, regulations, laws and policies.
47 BE IT FURTHER RESOLVED that all bills as listed on listing of warrants and claims against the Community Social
48 Service Act and Welfare funds and Warrant registers shall be approved as valid claims against the County and are hereby
49 approved for payment.
51 Approved the following Winona County Personnel Policies and Procedures Manual Updates:
53 1. Section 4.05 – Employee Assistance Program
54 2. Section 5.15 – Rest Periods
55 3. Section 6.20 – Personal Use of County Equipment
57 Approved Agreement authorizing the County Board Chairperson and County Administrator to execute the Bridge
58 Replacement Agreement with Saratoga Township for Bridge L1489 on Nichols Spring Drive.
60 Approved e-Health Package with SE Service Cooperative.
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62 Approved Agreement between the State of Minnesota and Winona County for Secretarial Services.
64 Approved NACo Prescription Drug Program.
66 Approved applications for snowmobile grant funding program for Corridor 70 and Corridor 60.
68 Adopted the following:
70 RESOLUTION #2007 – 41
72 WHEREAS, Winona County approves the establishment of a public trail in furtherance of its public recreation
73 programs; and
75 WHEREAS, Winona County has entered into an agreement with the Corridor 60 Country Climbers Club to acquire,
76 construct, and maintain the trail.
78 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners approves the Minnesota Trail
79 Assistance Program application for Corridor 60 Country Climbers Club.
81 Adopted the following:
83 RESOLUTION #2007 – 42
85 WHEREAS, Winona County approves the establishment of a public trail in furtherance of its public recreation
86 programs; and
88 WHEREAS, Winona County has entered into an agreement with the Corridor 70 Snowmobile Club to acquire,
89 construct, and maintain the trail.
91 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners approves the Minnesota Trail
92 Assistance Program application for Corridor 70 Snowmobile Club.
94 Adopted the following:
96 RESOLUTION #2007 – 43
98 RESOLUTION FOR APPROVAL OF GAMBLING PREMISES PERMIT
100 WHEREAS, Minnesota Statute 349.165 Subd. 1 (1990) now states that a licensed organization may not conduct lawful
101 gambling at any site unless it has first obtained from the Charitable Gambling Control Board a premises permit for the site; and
103 WHEREAS, County Board must approve or deny each premise permit application if the gambling premises is located
104 outside city limits; and
106 WHEREAS, a copy of the resolution approving the premise permit application must be attached to the application
107 before the organization seeking the permit can submit the application to the Charitable Gambling Control Board; and
109 WHEREAS, the resolution approving the application for a gambling premises permit must be dated within sixty (60)
110 days of the submission of the application to the Charitable Gambling Control Board; and
112 WHEREAS, the Mississippi River Revival, has made an application seeking renewal of a premises permit with the
113 Winona County Auditor; and
115 WHEREAS, the name of the organization is the Mississippi River Revival in the township of Wiscoy; and
117 WHEREAS, the description and address for the site is the Twin Bluffs Bar in the town of Richmond; and
119 WHEREAS, the Winona County Auditor has reviewed the application forms for the completeness and recommends
120 that the County Board approve the permit renewal application.
122 NOW, THEREFORE, IT IS HEREBY RESOLVED that the application is for a premises permit renewal is approved.
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124 Adopted the following:
126 RESOLUTION #2007 – 44
128 Deficient Bridge Prioritized Replacement List
130 WHEREAS, Winona County has reviewed the pertinent data on bridges requiring replacement, rehabilitation, or removal
131 supplied by local citizenry and local units of government;
133 NOW THEREFORE BE IT RESOLVED that Winona County identifies the following deficient bridges for replacement,
134 rehabilitation, or removal as soon as possible when funds are available, and
Number Jurisdiction Road Name year
1 3942 County CSAH 12 2007
2 4648 County CSAH 15 2007
3 R0506 Rollingstone Twp. Hoffman Hill Road 2007
4 R0475 Elba Twp Fairwater Rd 2007
5 LT 10 City of Stockton North Broadway 2007
6 L1316 County CSAH 7 2008
7 L1388 County CR 112 2008
8 955 Wilson Twp Pfeiffer Hill Rd 2008
9 3747 New Hartford Twp North Pine Creek Rd 2008
10 L1489 Saratoga Twp Nichols Spring Dr 2008
11 L1490 Homer Twp Homer Ave 2008
12 85501 County CSAH 23 2009
13 93137 County CSAH 33 2009
14 L1432 Warren Twp Owl Rd 2009
15 L1414 Norton Twp Rupprechts Valley Rd 2009
16 R0476 Elba Twp Fairwater Rd 2009
17 L2442 County CR 113 2010
18 L1475 Saratoga Twp Conaughty Drive 2010
19 L2481 City of Elba Willow Road 2010
20 L1459 Homer Twp Trout Creek Rd. 2010
21 L1462 Wiscoy Twp HeadWaters Dr 2010
22 L1442 Wilson Twp East Burns Valley Rd 2010
23 L1407 Norton Twp Horse Shoe Rd 2011
24 L1399 Elba Twp Fairwater Rd 2011
25 L1420 Warren Twp Lady Slipper Dr 2011
26 5733 Saratoga Twp Troy Valley Dr 2012
27 L1436 Wilson Twp Pfeiffer Hill Rd 2012
28 L5776 City of St. Charles W 11th St 2013
29 L1429 Warren Twp Arches Rd 2013
30 1009 Saratoga Twp Nichols Spring Dr 2014
31 L1437 Wilson Twp Pfeiffer Hill Rd 2014
137 FURTHERMORE, Winona County does hereby request authorization to replace, rehabilitate, or remove such bridges; and
139 FURTHERMORE, Winona County does hereby request financial assistance with eligible approach grading and engineering
140 costs on township bridges as provided by law.
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142 Authorized payment to Pro-West & Associates in the amount of $7,203.52 for services provided for the County Wide
143 GIS Digital Parcel project.
145 Approved County Highway Contract Process.
147 Confirmed payment of Disbursements in the following amounts:
County Revenue $ 403,247.16
Road & Bridge $1,053,129.62
Human Services $2,057,847.11
Community Health $ 27,462.47
Collaborative 73 $ 88,543.83
Building 33 $1,000,000.00
Settlement 81 $ 2,958.57
Employee Benefit Fund $ 32,683.80
State Revenue Fund $ 93,700.82
151 Authorized Establishment of Food Safety Council.
153 Approved Agreement for shredding of confidential Documents with Shred-it.
155 Vote: Yes – 5.
157 Jennifer Stark and Andrea Ulrich, Case Aides for Winona County Department of Human Services were present to
158 answer questions regarding the adoption of the Resolution for Family Care Foster Care and Adult Foster Care Providers.
160 On motion of Commissioner Voegeli and second by Commissioner Pomeroy, the Board adopted the following:
162 RESOLUTION #2007 – 45
164 WHEREAS, the month of May 2007, has been designated as Foster Care Month; and
166 WHEREAS, Winona County has approximately 13 Family Foster Care and 41 Adult Foster Care Providers, and,
168 WHEREAS, the dedication and commitment of these families has significantly enhanced the well-being and quality of life for
169 these children and adults in Winona County; then
171 THEREFORE BE IT RESOLVED that we, the Winona County Board of Commissioners, hereby recognize this dedication and
172 faithful service and express our appreciation by the award of this Certificate of Appreciation to all licensed Family Foster Care
173 and Adult Foster Care Providers of Winona County.
175 Vote: Yes – 5.
177 At this time, Chair Stoltman presented Certificates of Appreciation to Lisa and Donald Kulas, representatives of the
178 Adult Foster Care Providers and Meghan Sinning, who represented the Family Foster Care Providers.
180 Mr. Reinert advised that on May 1, 2007, the County Board authorized the transfer of the west parking lot to the
181 Economic Development Authority for sale to the Historical Society for a planned development with several conditions
182 including the requirement that the Port Authority of Winona provide 24 parking spaces for up to 30 years, and these spaces
183 would follow the property regardless of the owner. The Port Authority resolved to provide these spaces for the period
184 requested, but only to Winona County for as long as the County remained in the current Government Center.
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186 On motion of Commissioner Voegeli and second by Commissioner Pomeroy, the Board accepted the Port Authority’s
187 guarantee with their provision that the spaces would only be available to the County as long as the County owned and occupied
188 the current Government Center.
190 Vote: Yes – 4. No – Ward.
192 The Board reviewed the request from Fat Fest L.L.C. and Roger Lacher who were seeking a conditional use to hold a
193 multi-day (July 4 through 8) music festival on a 70 acre site on the east side of Headwaters Drive in Section 9 of Wiscoy
194 Township in the Agriculture/Natural Resource and Shoreland Overlay Districts.
196 Ryan Peterson, Festival organizer was present to answer questions.
198 Ross Dunsmoor, Environmental Health, Brian Bender, Planning Director, Dave Kramer, Highway Engineer, and John
199 Hazelton, Deputy, Sheriff, were all present to voice concerns regarding the approval of this permit.
201 Commissioner Voegeli made a motion to approve the request. Motion died due to a lack of a second.
203 On motion of Commissioner Ward and second by Commissioner Heim, the Board approved the denial as follows:
205 CONDITIONAL USE PERMIT
208 Denied a Conditional Use Permit for Fat Fest and Roger Lacher under Section 505.1, 603.4 (19), and 609.5 (1) (a) of
209 the Winona County Zoning Ordinance for the purpose of allowing a music festival on a 70-acre site on the eastside of
210 Headwaters Drive in Section 9 of Wiscoy Township for the following described property:
212 That part of Section Nine (9), Township One Hundred Five (105) North, of Range Seven (7), West of the Fifth Principal
213 Meridian, Winona County, Minnesota, described as follows:
214 Beginning at the Southwest corner of the Northeast Quarter (NE ¼) of said Section Nine (9); thence West along the South line
215 of the Northeast Quarter (NE ¼) of said Section Nine (9) to the intersection of the centerline of Township Road Number 9;
216 thence Northeasterly along the centerline of said Township Road 9 for a distance of 130 rods; thence Southeasterly in a straight
217 line to the Northeast corner of the Southwest Quarter of the Northeast Quarter (SE ¼ of NE ¼) of said Section 9; thence South
218 along the East line of the said Northeast Quarter (NE ¼) of said Section Nine (9) to the point of beginning.
219 Together with a non-exclusive perpetual easement over and across a parcel of land 75 feet in width, located in the Northeast
220 Quarter (NE ¼) of Section Nine (9), Township One Hundred Five (105) North, of Range Seven (7), West of the Fifth Principal
221 Meridian, Winona County, Minnesota, described as follows: Beginning at the Northwesterly corner of the above described
222 parcel of land; thence Southeasterly along the Northerly boundary of the above described parcel to the Easterly boundary of
223 Money Creek; thence Northerly 75 feet more or less along the Easterly boundary of Money Creek; thence Northwesterly and
224 parallel to the Northerly boundary of the above described parcel to the centerline of Township Road Number 9; thence
225 Southerly along the centerline of Township Road Number 9, 75 feet to the point of beginning.
226 Together with a non-exclusive perpetual easement over and across the South 200 feet of the Southwest Quarter of the Northeast
227 Quarter (SW ¼ of NE ¼) of Section Nine
229 (9), Township One Hundred Five (105) North, of Range Seven (7), West of the Fifth Principal Meridian, Winona County,
230 Minnesota, lying Westerly of Township Road Number 9.
232 The Winona County Board of Commissioners denied the request for the following reasons:
234 Criteria # 1: The use will not create an excessive burden on existing parks, schools, streets, and other public facilities and
235 utilities which serve or are proposed to serve the area.
237 The Winona County Board of Commissioners found that Criteria # 1 was not met for the following reason: Wiscoy
238 Township maintains Headwaters Drive as a narrow, gravel road configured to accommodate infrequent local traffic and
239 farming equipment. The request with its intense traffic volumes will accelerate the deterioration of Headwaters Dr.
240 (especially if the area experiences lengthy periods of rain before the event) forcing the Wiscoy Township to spend
241 additional funds on its repair. The request will also expose the aggregate segments of County Road 19 to increase traffic
242 volumes not normally encountered in Wiscoy Valley.
244 Criteria # 2: The use will be sufficiently compatible or separated by distance or screening from adjacent land so that
245 existing properties will not be depreciated in value and there will be no deterrence to development of vacant land.
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247 The Winona County Board of Commissioners found Criteria # 2 was not being met for the following reason: The
248 Winona The request being a temporary event will not depreciate the value of adjacent properties or impede the
249 development of vacant land. However, staff acknowledges even as a temporary event, there is insufficient screening or
250 buffering to shield adjacent residences from the noises and the general commotion the event will generate.
252 Criteria # 3: The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential
255 The Winona County Board of Commissioners found Criteria # 3 was not being met for the following reason: The
256 request consisting of a multi-day music festival with camping is not compatible with the surrounding land use activities
257 and will adversely effect the adjacent residential properties by subjecting the residents (especially during a holiday
258 weekend) to traffic, crowds, and noise more commonly associated with an urban setting.
260 Criteria # 4: The use relates to the overall needs of the County and to the existing land use.
262 The Winona County Board of Commissioners found Criteria # 4 was not being met for the following reason: The
263 Comprehensive Plan lists seven general goals identified by the Winona County Board of Commissioners and the
264 Planning Commission as the goals influencing the planning process and “the protection of the natural environment and
265 the conservation of natural resources” are two of the seven.
267 Page #5 of the Comprehensive Plan offers the use of the “The Comprehensive Plan is an official public document
268 adopted by local government as a policy guide for decisions about the development of the County or community. . . . A
269 comprehensive plan is first and foremost a statement of community values reflected in the plan as goals. These goals are
270 quite broad and serve as a guide for decision-making, operating and capital budgets, land use measures that encourage or
271 discourage growth, economic development measures and steps for guiding community growth and change. . . . The
272 Comprehensive Plan should not be thought of as a static historical document. The plan is intended for use as a general
273 guideline for land use. The County staff and elected and appointed officials should constantly reference the Plan so that
274 decisions reflect the community’s desires.”
276 Criteria # 5: The use is consistent with the purpose of the Zoning Ordinance and the purposes of the zoning district in
277 which the applicant intends to locate the proposed use.
279 The Winona County Board of Commissioners found that Criteria # 5 was not being met for the following reason:
280 Section #603.1 of the WCZO defines the “Agricultural/Natural Resource District as areas established for the purpose of
281 protecting, promoting, maintaining and enhancing the use of land for agricultural and timber harvesting purposes. The
282 areas designated Agriculture/Natural Resource serve to protect and preserve natural resources including the natural
283 resources including the natural forest reserves; prevent scattered and leap-frog non-farm growth; protect wildlife habitat;
284 protect and enhance open space; and stabilize increases in public expenditures for such public services as roads and road
285 maintenance, police and fire protection and schools.”
288 The said Section continues to define the A/NR District as where “owners, residents and other users of property in this
289 zone or neighboring properties may be subjected to inconvenience or discomfort arising from normal and accepted
290 agricultural practices and operation, including but not limited to, noise, odors, dust, operation of machinery of any
291 kind including aircraft, the storage and disposal of manure or the application of fertilizers, herbicides and pesticides.
292 Owners, residents, and users of this property or neighboring property should be prepared to
293 accept such inconveniences or discomfort from normal operations and are hereby put on official notice that this
294 declaration may prevent them from obtaining a legal judgment against such normal operations.”
296 The petitioner must also comply with the Section #609.5(1)(a) of the WCZO.
298 Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and
299 criteria and conditions for review of conditional uses established in Section #505 of the WCZO. The following
300 additional evaluation criteria and conditions apply within shoreland areas:
302 (a) EVALUATION CRITERIA. A thorough evaluation of the waterbody and the topographic, vegetation and soils
303 conditions on the site must be made to ensure:
305 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
306 2. The visibility of structures and other facilities as viewed from public waters is limited;
307 3. The site is adequate for water supply and on-site sewage treatment; and
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308 4. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the
309 suitability of public waters to safety accommodate these watercraft.
311 The petitioners have not demonstrated in a reasonable manner the request complies with any of these criteria.
313 Criteria # 6: The use is in conformance with the Comprehensive Plan of the County.
315 The Winona County Board of Commissioners found that Criteria # 6 was not being met for the following reason: The
316 Future Land Use Map contained in the 2000 Comprehensive Plan recommends agricultural and natural resources
317 activities for most of the Township including the site with the exception being the Witoka area (Rural Residential). The
318 Comprehensive Plan describes Agricultural/Natural Resource areas as lands “established for the purpose of protecting,
319 promoting, maintaining and enhancing the use of land for agricultural and timber harvesting
321 purposes. The areas designated Agriculture/Natural Resource serve to protect and preserve natural resources including
322 the natural resources including the natural forest reserves; prevent scattered and leap-frog non-farm growth; protect
323 wildlife habitat; protect and enhance open space; and stabilize increases in public expenditures for such public services
324 as roads and road maintenance, police and fire protection and schools.”
326 The Land Philosophy for the Township as described in the Background & Inventory Report of the Comprehensive Plan
327 is “to protect the existing agricultural and woodland areas and to encourage the continuation of agriculture, timber
328 harvesting, forest management, and low intensity recreational uses. Additional standards to regulate development in the
329 floodplain areas and steep slopes will be adopted in the form of a floodplain overlay district and performance standards
330 to minimize soil erosion.”
332 The Natural Resource Protection Section (P. 31) of the Comprehensive Plan lists ten goals to manage the unique
333 landscapes of Winona County. Staff wants the Planning Commission to consider the following six of the ten goals when
334 reviewing the suitability of the site to accommodate the request.
336 Protection and enhancement of the air, water, and land resources in the County as a vital ingredient of the living
338 Sustainable policies that balance the needs of agriculture, landowners, and the environment.
339 Preservation of national, state, and regionally significant natural and scientific resources of the County.
340 Coordinated planning, monitoring, and management of all the water resources of the County including streams, rivers,
341 wetlands, and aquifer recharge areas.
342 Protection of all water resources in the County from sources of pollution.
343 Coordination with the Department of Natural Resources that promotes working relationships through an emphasis on
344 communication and education, rather than regulation.
346 The said section also provides twenty-one policies as approaches to realize the previously defined goals. Staff wants the
347 Planning Commission to consider the following four policies when reviewing the suitability of the site to accommodate
348 the request.
350 Promote land management practices by all levels of government that protect the natural resources in the County,
351 including streams, rivers, wetlands, aquifer recharge areas, woodland and forests, bluffs, and agricultural areas.
352 Promote the preservation and improvement of all lakes, rivers, and streams in an unpolluted state by enacting
353 floodplain and shoreland ordinances.
355 Identify, manage, and preserve wetlands and aquifer recharge areas to ensure the continued performance of their
356 natural function.
357 Promote soils conservation and erosion control practices in both urbanized and rural portions of the County.
359 Criteria # 7: The use will not cause traffic hazard or congestion.
361 The Winona County Board of Commissioners found that Criteria # 7 was not being met for the following reason: The
362 County Board considers the request will produce substantial hazards to traffic and congestion on several roads in Wiscoy
363 Township and very possibly, the adjoining Townships as well. Staff asks the Planning Commission to review the County
364 Highway Engineer comments contained the Overview Section of this Report, as those comments echo the concerns of the
365 Planning Department. Simply, Headwaters Drive is not capable to handle the amount of the traffic the request will
366 generate over five days and the petitioners failed to provide adequate circulation plans for traffic management.
368 The County Board also recognizes the following:
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370 The State of Wisconsin Department of Financial Institutions does not recognize Fat Fest LLC as a legal entity.
371 The Conditional Use Application lists Roger Lacher as the property owner and Ryan Peterson as
372 “Representative.” The application fails to include Fat Fest LLC. Section #505.3(1) of the WCZO requires a
373 “completed application, including the names and addresses of the petitioner or petitioners and signature to the
374 petition and a statement of the requested conditional use.” Whereas the legal notice in the April 5, 2007 edition of
375 the Winona Daily News lists the petitioners as Fat Fest LLC and Roger Lacher. Staff questions if the request was
376 properly advertised since the legal notice described the involvement of a nonexistent limited liability company and
377 asks the County Attorney to provide a legal interpretation.
378 The Land Rental Agreement for the site and signed January 30, 2007 is between Henry and Violette Lacher and
379 Fat Fest LLC. Staff questions the legality of the agreement if signed by a nonexistent limited liability company.
380 The liability insurance quote provided by the RJ Ahmann Company for the event lists the client as GrassRoots
381 Music, LLC. The State of Wisconsin Department of Financial Institutions describes the status of GrassRoots
382 Music, LLC as delinquent with their registration since January 1, 2005.
383 The petitioners list Totally Baked Pizza (the owners are also the event promoters) as a food vendor for the event
384 and the State of Wisconsin Department of Financial Institutions describes the status of GrassRoots Music, LLC as
385 delinquent with their registration since January 1, 2005.
387 Vote: Yes – 4. No – Voegeli.
389 On motion of Commissioner Voegeli and second by Commissioner Pomeroy, the Board moved to a closed session to
390 discuss possible purchase of Winona Rental property. Vote: Yes – 5.
392 The Board meeting reconvened at 8:28 PM.
394 On motion of Commissioner Heim and second by Commissioner Voegeli, the Board meeting adjourned at 8:29 p.m.
395 Vote: Yes – 5.
Winona County Board Meeting 5-22-07