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11-6-07 County Board - Winona County

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					                                         OFFICIAL PROCEEDINGS
                                            WINONA COUNTY
                                     SESSION HELD NOVEMBER 6, 2007
                              9:00 AM – GOVERNMENT CENTER BOARD ROOM

         The Winona County Board of Commissioners met in the Board Room on the above date with Commissioners
Jerry Heim, James Pomeroy, Dwayne Voegeli, Dave Stoltman, and Marcia Ward present. Others present were Robert
Reinert, County Administrator, Brian Bender, Planning Director, Eric Johnson, Zoning Administrator, and Blake
Pickart, Finance Director. Chair Stoltman opened the meeting at 9:00 a.m.

        On motion of Commissioner Heim and second by Commissioner Voegeli, the Board approved the Board
Minutes dated October 23, 2007. Vote: Yes – 5.

       On motion of Commissioner Heim and second by Commissioner Voegeli, the Board approved the Agenda.
Vote: Yes – 5.

        On motion of Commissioner Ward and second by Commissioner Pomeroy, the Board approved the following
Consent Business:

        Confirmed payment of the following Disbursements:
                         County Revenue 01                                   $      274,635.08
                         Road & Bridge 03                                    $    2,044,647.84
                         Human Services 05                                   $      690,719.49
                         Community Health 21                                 $       10,814.08
                         Collaborative 73                                    $        3,144.32
                          Building 33                                        $    1,243,799.73
                         2007 Flood 69                                       $      865,547.76
                         Employee Benefit Fund 76                            $        3,343.50
                         State Revenue Fund 83                               $        2,503.54
                         Settlement Fund 81                                  $    2,760,673.00


Adopted the following:

                                              RESOLUTION #2007 - 80

         WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special
consideration to employees who perform hazardous work and devote their time and skills to protecting the property and
personal safety of others; and

        WHEREAS, Minnesota Statute Section 353.64 permits governmental subdivisions to request coverage in the
Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the
requirements stated therein and listed below.

        BE IT RESOLVED that the Sheriff’s Department of Winona County hereby declares that the position titled
Deputy Sheriff, currently held by Chad E. Myers, meets all of the following Police and Fire membership requirements:

        1.   Said position requires a license by the Minnesota peace officer standards and training board under sections
             626.84 to 626.863 and this employee is so licensed;

        2.   Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;

        3.   Said position charges this employee with the prevention and detection of crime;

        4.   Said position gives this employee the full power of arrest, and

        5.   Said position is assigned to a designated police or sheriff’s department.
                                            11-6-07 Winona County Board Minutes
         BE IT FURTHER RESOLVED that this governing body hereby requests that the above-named employee be
accepted as a member of the Public Employees Police and Fire Plan effected the date of this employee’s initial Police
and Fire salary deduction by the governmental subdivision.

        Accepted Certificate of Performance and Authorized Final Payment for S.P. 85-612-25 in the amount of
$78,387.03 to Griffin Construction, Inc.

        Accepted Certificate of Performance and Authorized Final Payment for S. A. P. 85-626-18 in the amount of
$3,956.65 to H & R Construction Co.

         Approved the following Equipment Rental Contracts for County Highway Flood Repairs:
         1.     Barth Construction
         2.     Bennett and Sons Sand & Gravel
         3.     Bob Braaten Construction, Inc.
         4.     Bucknell Trucking
         5.     Corcorans Plumbing & Heating, Inc.
         6.     Doug Wigham Trucking & Excavating
         7.     Everson Excavating
         8.     Heartland Excavating, Inc.
         9.     Ivie Popplewell
         10.    James Kronebush
         11.    Lee Rain & Sons Trucking
         12.    Martini Trucking
         13.    Mathiowetz Construction
         14.    Rucker Trucking
         15.    Rud Excavating
         16.    Sires Inc./B & B Trucking
         17.    Winona Excavating

         Received and Awarded Bids for the following Projects:

                 CP 0723
                 Dunn Blacktop Co.                    $154,146.30

                 CP 0724
                 Dunn Blacktop Co.                    $166,102.10

         Approved the following:

                                 CONDITIONAL USE PERMIT - (Walter Albrecht)

         Conditional Use Permit for Walter Albrecht under Section 603.4 (23) of the Winona County Zoning Ordinance
for the purpose of allowing a manufactured home to accommodate part-time farm help on a property already containing
a primary residence in Section 7 of Wiscoy Township for the following described property:

The Northwest Quarter (NW ¼) of Section Seven (7), Township One Hundred Five (105), North, Range Seven (7)
West, containing One Hundred Fifty-Five and seventy-six /100ths (155.76) acres more or less, excepting, however, the
parties of the above described property used for highway purposes.

with the following conditions:

    1)   Petitioner abides by all testimony and materials submitted during the hearing process, to the extent those items
         were not negated by the Planning Commission or the County Commissioners and the extent they are not
         inconsistent with the spirit or letter of explicit conditions to the Conditional Use Permit.
    2)   Petitioner obtains a Zoning Certificate and schedules an electrical inspection by a Minnesota State Building
         Code Official for the manufactured home.
    3)   Subject to an annual staff review.


                                            11-6-07 Winona County Board Minutes
    4)   Petitioner adheres to the sanitary requirements found under Section # 715 of the Winona County Zoning
         Ordinance to include conducting a Compliance inspection of the existing Individual Sewage Treatment
         System.
    5)   The occupancy of the manufactured home is only through the basis as represented by this request for part-time
         farm help.
    6)   Petitioner complies with all applicable federal, state, and local regulations.
    7)   Petitioner must remove the manufactured home when the occupant of the home is no longer actively involved
         in part-time farm help.

Approved the following:

                          CONDITIONAL USE PERMIT -( Timothy & Kimberly Mollert)

         Conditional Use Permit for Timothy and Kimberly Mollert under Section 603.4 (23) of the Winona County
Zoning Ordinance for the purpose of allowing a manufactured home to accommodate an occupant intending to receive
health care from the occupants of the primary residence on property in Section 30 of St. Charles Township for the
following described property:

A part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 106 North, Range 10 West, Winona
County, Minnesota, described as follows:

Commencing at the northeast corner of the Notheast Quarter of the Southeast Quarter of said Section 30; thence South
87 degrees 28 minutes 30 seconds West (NOTE: All bearings are in relation to the Winona County Coordinate System,
1927 Detum) along the north line of the Northeast Quarter of said Southeast Quarter for a distance of 733.09 feet to the
point of beginning of the parcel to be described; thence continue South 87 degrees 28 minutes 30 seconds West along
said north line for a distance of 583.00 feet to the northwest corner of the Northeast Quarter of said Southeast Quarter;
thence South 01 degrees 34 minutes 58 seconds East along the west line of the Northeast Quarter of said Southeast
Quarter for a distance of 375.00 feet; thence North 87 degrees 28 minutes 30 seconds East for a distance of 375.00 feet;
thence North 87 degrees 28 minutes 30 seconds East for a distance of 375.00 feet; thence North 01 degree 34 minutes
58 seconds West for a distance of 375.00 feet to the POINT OF BEGINNING, said PARCEL contains 5.02 Acres, more
or less; Said parcel is subject to an access easement for the purpose of ingress and egress over the westerly 33 feet of
above described parcel and said parcel is also subject to any other easements and encumbrances of record.

with the following conditions:

    1)   Petitioners abide by all testimony and materials submitted during the hearing process, to the extent those items
         were not negated by the Planning Commission or the County Commissioners and the extent they are not
         inconsistent with the spirit or letter of explicit conditions to the Conditional Use Permit.
    2)   Petitioners obtain a Zoning Certificate and schedule an electrical inspection by a Minnesota State Building
         Code Official for the manufactured home.
    3)   Subject to an annual staff review.
    4)   Petitioners adhere to the sanitary requirements found under Section 715 of the Winona County Zoning
         Ordinance, to include conducting a Compliance Inspection of the existing individual Sewage Treatment
         Center.
    5)   The occupancy of the manufactured home is only through the basis as represented by this request.
    6)   Petitioners comply with all applicable federal, state, and local regulations.
    7)   Petitioners must remove the manufactured home when the stated need no longer exists.

Approved the following:

                                 CONDITIONAL USE PERMIT - (Darek Volkman)

         Approved a Conditional Use Permit for Dareck R. Volkman under Section 603.4 (11) and 724.3 of the Winona
County Zoning Ordinance for the purpose of allowing a home occupation consisting of auto sales and a paintless dent
repair on property located in Section 9 of Wiscoy Township for the following described property:

80 Acres West One-Half (W 1/2) Northwest Quarter (NW 1/4) except 22.38 acres per M.F. 429444, Section 9,
Township 105, Range 7, Wiscoy Township, Winona County, Minnesota

with the following conditions:
                                            11-6-07 Winona County Board Minutes
    1)   Petitioner abides by all testimony and materials submitted during the hearing process, to the extent the
         Planning Commission did not negate those items or the County Commissioners and the extent they are not
         inconsistent with the spirit or letter of explicit conditions to the Conditional Use Permit.
    2)   Petitioner never operates the home occupation in character and purpose that unmistakenly surpasses the
         residence.
    3)   Petitioner submits to the Planning Department any subsequent inspection reports compiled by the State of
         Minnesota, the Fire Marshall, or any other authority responsible for the oversight of a commercial entity.
    4)   Petitioner obtains Certificates of Compliances for all structures constructed on the property noted in the Site
         Characteristics Section of this Report.
    5)   Petitioner complies with all applicable federal, state, and local regulations.
    6)   Subject to an annual staff review.
    7)   Petitioner files the home occupation with the County Auditor.
    8)   Outdoor storage is limited to five vehicles.
    9)   Any signage must comply with the provisions contained in Section 721 of the Winona County Zoning
         Ordinance.

Approved the following:


                           CONDITIONAL USE PERMIT - (Michael & Audrey Wenzel)

         Conditional Use Permit for Michael and Audrey Wenzel under Section 603.4 (23) of the Winona County
Zoning Ordinance for the purpose of allowing a manufactured home to accommodate part-time farm help and a health
care provider to an occupant of the primary residence on a property in Section 16 of Hart Township for the following
described property:

180 acres in Section 16; South 20 acres of W 21 acres of NW 1/4 SE 1/4, Township 105, Range 8, Hart Township,
Winona County, Minnesota

with the following conditions:

    1)   Petitioners abide by all testimony and materials submitted during the hearing process, to the extent they are not
         inconsistent with the spirit or letter of explicit conditions to the Conditional Use Permit.
    2)   Petitioners obtain a Zoning Certificate and schedule an electrical inspection by a Minnesota State Building
         Code Official for the manufactured home.
    3)   Subject to an annual staff review.
    4)   Petitioners adhere to the sanitary requirements found under Section # 715 of the Winona County Zoning
         Ordinance, to include conducting a Compliance Inspection of the existing individual Sewage Treatment
         System.
    5)   The occupancy of the manufactured home is only through the basis as represented by this request.
    6)   Petitioners comply with all applicable federal, state, and local regulations.
    7)   Petitioners must remove the manufactured home when the occupant of the home is no longer actively involved
         in part-time farm help and the need for the medical care no longer exists.
    8)   Comply with Township Road access/driveway requirements.

          Approved Hold Harmless Agreement between Winona Aggregate and Winona County for use of property
related to August 2007 flood.

Vote: Yes - 5.

        Mike Haney, WSA Director, Minnesota Department of Economic Development was present to answer
questions regarding his request for appointment of a Winona County Workforce Investment Board Member.

        On motion of Commissioner Voegeli and second by Commissioner Pomeroy, the Board appointed Patty
Erickson, Financial Assistance Supervisor, Department of Human Services to serve on the Winona County Workforce
Investment Board.




                                             11-6-07 Winona County Board Minutes
         Brian Bender, Planning Director, and Eric Johnson, Zoning Administrator, were present to answer questions
regarding the request from Eric and Wanda Hanlon for a Conditional Use Permit to allow an Agricultural Oriented
Business (Winery) and associated activities on a 22.70-acre property in Section 30 of Whitewater Township.

           On motion of Commissioner Pomeroy and second by Commissioner Heim, the Board approved the following:

          Conditional Use Permit for Eric and Wanda Hanlon under Section 603.4(2) and 603.4(19) of the Winona
County Zoning Ordinance for the purpose of allowing an Agricultural Oriented Business (winery) and associated
activities (consisting of retail sales of wine and comparable related products but, no hosting of events where individuals
lease space in any of the structures or on the property to host special events) for the following described property:

That property located in the North One-Half (N ½) of the Northeast Quarter (NE ¼), Section 30, Whitewater Township,
Township 108N, Range 10W, Winona County, Minnesota

with the following conditions:

      1)   Petitioners abide by all testimony and materials submitted during the hearing process, to the extent, those items
           were not negated by the Planning Commission or the County Commissioners and the extent they are not
           inconsistent with the spirit or letter of explicit conditions to the Conditional use Permit.
      2)   Petitioners obtain a Zoning Certificate and schedules electrical inspections by a Minnesota State Building
           Code Official for any new structures.
      3)   Subject to an annual staff review.
      4)   Petitioners adhere to the sanitary requirements found under Section 715 of the Winona County Zoning
           Ordinance, to include conducting a Compliance Inspection of the existing Individual Sewage Treatment
           Systems.
      5)   Petitioner complies with all applicable federal, state, and local regulations.
      6)   Petitioners have no outdoor storage of materials, drums and/or shipping containers.
      7)   Petitioners must comply with the parking and loading standards contained in Section 720 of the Winona
           County Zoning Ordinance.
      8)   Any signage must comply with the provisions contained in Section 721 of the Winona County Zoning
           Ordinance.
      9)   Petitioner use only Minnesota grown grapes.

        Annette Shepardson, Nutrition Educator, met with the Board to update them on the Nutrition Education
Program. Jan Beyer, Community Program Specialist for Nutrition Education Program, Carolyn Dingfelder, 4-H
Program Coordinator, and Tom van der Linden, Extension Educator also made presentations for their areas.

        Bob Bambenek, County Recorder, updated the Board on the Special Session Quick Start Disaster Recovery
Program and clarified several problem areas.

           Linda Grover, EDA Director, reviewed the request to revise the Business Recovery Loan Program.

         On motion of Commissioner Voegeli and second by Commissioner Pomeroy, the Board approved revisions to
the Business Recovery Loan Program. Vote: Yes - 5.

         On motion of Commissioner Heim and second by Commissioner Voegeli, the Board meeting adjourned at
10:11 a.m. Vote: Yes - 5.

                                               WINONA COUNTY BOARD OF COMMISSIONERS


                                               Dave Stoltman, Chair

Attest:


Robert F. Reinert
Clerk/County Administrator

dlj
                                              11-6-07 Winona County Board Minutes

				
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