LA CROSSE COUNTY BOARD PROCEEDIN

The La Crosse County Board of Supervisors Monthly Meeting was held on March 20, 2008 in the Administrative Center, Room B410. Vice Chair George Hammes called the meeting to order at 6:00 p.m. The County Clerk, Marion I. Naegle, took attendance. All supervisors were present except as noted:

DISTRICT - NAME		DISTRICT – NAME

1	Richmond, Andrea	19	Keil, Robert
2	Geary Jr., Ralph	20	Bina, Donald
3	Belzer, Keith	21	Hanson, J. Terry
4	Johnson, Jai	22	Ebert, Ray A.
5	Gamroth, Jacie	23	Kapanke, Brian
6	Billings, Jill – Excused at 8:50 p.m.	24	Pfaff, Leon
7	Plesha, Roger	25	Schroeder, Jeffrey
8	Freedland, Maureen	26	Burke, Vicki
9	Hampson, Sharon	27	Hammes, George
10	Wood, Margaret	28	Doyle, Steve - Excused
11	Gillett, Jason - Excused	29	Pfaff, Brad
12	Ehrsam, James	30	Spiker, Charles
13	Maney, Bernard - Excused	31	Fisher, Ann
14	Medinger, John D.	32	Schippers, Patrick
15	Montgomery, Lyell	33	Berns, Jim
16	Sebranek, Gerald	34	Rauk, Tom
17	Meyer, Donald	35	Bilskemper, Joe
18	Johnson, Tara

o February Board Minutes: Announced that 2 substitute pages to the minutes had been placed on each supervisor’s desk.

o Retiring Supervisors: T. Johnson acknowledged and thanked each of the following supervisors who are not seeking another term, for their dedicated service to La Crosse County by serving on the County Board. Bernie Maney – 12 years; George Hammes – 10 years; Lyle Montgomery – 6 years; Keith Belzer – 4 years.

o County Board Retreat: The Board opted to hold their annual retreat at Noon on Tuesday, April 29, 2008.

o County Administrator Evaluation: Input on the evaluation is available in the County Board Chair’s office.

o GFOA Certificate for Excellence – Financial Reporting: For the 2^nd year in a row our Finance Department has received the GFOA Certificate of Excellence. This puts our department in the top 5% of the nation. The certificate will come next month.

o Collaboration Conference: The 6^th Annual La Crosse County Collaboration Conference will be April 24, 2008 at 8:30 a.m.

· Appoint Liz Nutter to the Winding Rivers Library System Board of Directors replacing Tom Rauk citizen member for the balance of the term expiring 12-31-09.

· Appoint George Hammes the first alternate on the Board of Adjustment filling the vacancy of Terry M. Houlihan for the balance of the term ending 12-31-09.

Motion by T. Johnson/L. Pfaff to approve the appointments as presented passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

Motion by Plesha/Sebranek to approve the minutes of the County Board of Supervisors Monthly Meeting held February 21, 2008 and the Planning Meeting held March 10, 2008 and the Claims List for $22,094,554.95 passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

CONDITIONAL USE PERMIT NO. 769 FILED BY BRIAN AND JANICE STRUPP TO STORE EQUIPMENT INSIDE AND OUTSIDE ASSOCIATED WITH THE STRUPP TRUCKING COMPANY IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Brian and Janice Strupp N6780 Briggs Rd Holmen WI 54636 and having held a public hearing on the 3rd day of March 2008 for a Conditional Use Permit to store equipment inside and outside associated with the Strupp Trucking Company in an existing 50’ x 70’ barn at N6722 Briggs Rd and to use an existing 30’ x 33’ pole shed for rental storage space at N6780 Briggs Road on 3.41 acres of land zoned Agricultural District “A” in the Town of Holland on land described as follows: Lots 1 and 2 of Certified Survey Map No. 156 Volume 8. Town of Holland. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: Deny. By a vote of 6 in favor of denial, 1 excused – Keil, the Committee recommends denial of Conditional Use Permit No. 769. The County Board took the following action this 20^th day of March, 2008: Referred back to Committee for further action.

Motion by Hanson/Rauk to refer back to the Committee passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

ZONING PETITION NO. 1773 FILED BY CARRIE APUAN O/B/O KENNETH E. AND ELIZABETH M. HEROLD TRUST TO REZONE FROM TRANSITIONAL AGRICULTURAL DISTRICT TO AGRICULTURAL DISTRICT “A” IN THE TOWN OF SHELBY

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1773 to amend the La Crosse County Zoning Ordinance filed by: Carrie Apuan, acting on behalf of Kenneth E. and Elizabeth M. Herold Trust, W4942 Chipmunk Rd N Stoddard WI 54658 and having held a public hearing on the 3^rd day of March 2008 to rezone from Transitional Agricultural District to Agricultural District “A” the following described land in the Town(s) of Shelby. Part of the SE-SE of Section 36, T 15 N, R 7 W described as: Commencing at the South ¼ corner of said Section 36; Thence N59°06’06”E 2,043.37’ to a point on the centerline of Chipmunk Road North and the point of beginning: Thence N1°41’12”E along the East line of a parcel described in Document #1404334 a distance of 241.34’ to the North line of said SE-SE; Thence S88°49’33”E along said North line 731.35’ to the Northwest corner of a parcel described in Document #1197976; Thence S0°15’57”W along the West line of said parcel 184.06’; Thence N89°40’01”W 394.32’; Thence N44°36’49”W 175.84’; Thence West 137.48’; Thence S1°40’34”W 159.20’ a point on a curve on the centerline of Chipmunk Road North concave to the Southeast having a central angle of 5°02’30” and a radius of 350.00’, the chord of said curve bears S83°59’00”W 30.79’; Thence Southwesterly along the arc of said curve and centerline 30.80’ to the point of beginning. Town of Shelby. And pursuant to s. 59.69 Wis. Stats.: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony and official correspondence; and, did receive and consider action from the affected Town Board(s). The Committee, under s. 59.69(5)(e)4, Wis. Stats., has the authority to approve the petition as submitted; to disapprove of the petition; or, to modify and approve the petition. Having considered the entire record the Committee’s recommendation is to: Approve. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended approving the rezoning to Agriculture District “A”. (If this petition is approved as a conditional zoning, deed restrictions must be recorded before zoning takes effect.) The County Board, under s. 59.69(5)(e)5 Wis. Stats., has the authority to effectuate the petition by ordinance or to disapprove it. The County Board took the following action this 20^th day of March, 2008: Approved the petition as submitted, becomes an ordinance.

Motion by Hanson/Meyer to approve passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

TERMINATION OF CONDITIONAL USE PERMIT NO. 667 – TERMINATION NO. 14 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO STEVEN AND ROBIN BAHR TO OPERATE A SEPTIC PUMPING BUSINESS IN THE TOWN OF GREENFIELD

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning and Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 3rd day of March, 2008 on a petition to terminate Conditional Use Permit No. 667 issued to Steven and Robin Bahr, W3801 State Road 33, La Crosse WI 54601 and passed by the County Board on November 9, 2004 to operate a septic pumping business including the storage of a business truck in an accessory building, on land zoned Agricultural District “A” in the Town of Greenfield Reason for terminating – Bahr’s indicate business has not been in operation for over 12 consecutive months. Land described as: Part of the N½-SE of Section 9, T 15 N, R 6 W lying south of State Road 33 in tax parcel 6-180-2. Town of Greenfield. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of Conditional Use Permit No. 667 for reasons stated above. The County Board took the following action this 20th day of March, 2008: Approved termination.

Motion by Hanson/Bina to approve termination passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

TERMINATION OF CONDITIONAL USE PERMIT NO. 420 – TERMINATION NO. 15 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO DEANNA (TAUSCHER) SCHIRM TO OPERATE A HOUSE-CLEANING BUSINESS IN THE TOWN OF CAMPBELL

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning and Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 3rd day of March, 2008 on a petition to terminate Conditional Use Permit No. 420 issued to Deanna (Tauscher) Schirm, 1821 Caroline Street, La Crosse WI 54603, and passed by the County Board on March 19, 1998 to operate a house-cleaning business with one van and office, on land zoned Residential District “A” in the Town of Campbell. Reason for terminating – owner indicates the business has not operated since March, 2005. Land described as: Tax Parcel 4-646-0 described as part of Government Lot 8 in Section 19, T 16 N, R 7 W commencing at the northwest corner, thence South along the west line 346.5’; thence East parallel with north line 409.2’; thence South 33’ to the point of beginning: Thence South 194.6’; thence East 300’; thence North 219.3’; thence West 300’ to the point of beginning. Town of Campbell. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of Conditional Use Permit No. 420 for reasons stated above. The County Board took the following action this 20^th day of March, 2008: Approved termination.

Motion by Hanson/Meyer to approve termination passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

TERMINATION OF CONDITIONAL USE PERMIT NO. 431 – TERMINATION NO. 16 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO HARRY CAULUM JR. TO OPERATE A PLUMBING BUSINESS IN THE TOWN OF FARMINGTON.

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning and Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 3rd day of March, 2008 on a petition to terminate Conditional Use Permit No. 431 issued to Harry Caulum Jr., W2022 Herman Coulee Rd, Bangor WI 54614, and passed by the County Board on June 13, 1998 to operate a plumbing business with equipment and supply storage, on land zoned Exclusive Agricultural District in the Town of Farmington. Reason for terminating – business has not operated at this location for a period of over 12 months. Land described as: Part of the N½-NW¼ of Section 35, T 18 N, R 5 W as described in tax parcel 5-383-0. Town of Farmington. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of Conditional Use Permit No. 431 for reasons stated above. The County Board took the following action this 20^th day of March, 2008: Approved termination.

Motion by Hanson/Meyer to approve termination passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

TERMINATION OF CONDITIONAL USE PERMIT NO. 620 – TERMINATION NO. 17 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO RONALD AND JENNIFER BLACK TO OPERATE A MOBILE SERVICES BUSINESS IN THE TOWN OF WASHINGTON

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning and Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 3rd day of March, 2008 on a petition to terminate Conditional Use Permit No. 620 issued to Ronald and Jennifer Black, N2174 Bina Rd, Coon Valley WI 54623, and passed by the County Board on June 17, 2003 to operate a Mobile Services business with contractors storage and to restore, build and assemble wagons, carts, lawn furniture and home accessories, on land zoned Exclusive Agricultural District in the Town of Washington. Reason for terminating – business has been out of operation for 12 consecutive months. Land described as: The SE-NW of Section 6, T 15 N, R 5 W. Town of Washington. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of Conditional Use Permit No. 620 for reasons stated above. The County Board took the following action this 20^th day of March, 2008: Approved termination.

Motion by Hanson/Bina to approve termination passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

TERMINATION OF CONDITIONAL USE PERMIT NO. 685 – TERMINATION NO. 18 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO RONALD AND JENNIFER BLACK TO OPERATE A MOBILE SERVICES BUSINESS IN THE TOWN OF WASHINGTON

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning And Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 3rd day of March, 2008 on a petition to terminate Conditional Use Permit No. 685 issued to Ronald and Jennifer Black, N2174 Bina Rd, Coon Valley WI 54623, and passed by the County Board on June 16, 2005 to operate a Mobile Services business with contractors storage and to restore, build and assemble wagons, carts, lawn furniture and home accessories, on land zoned Exclusive Agricultural District in the Town of Washington. Reason for terminating – business has been out of operation for 12 consecutive months. Land described as: The SE-NW of Section 6, T 15 N, R 5 W. Town of Washington. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of Conditional Use Permit No. 685 for reasons stated above. The County Board took the following action this 20^th day of March, 2008: Approved termination.

Motion by Hanson/Bina to approve termination passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

RESOLUTION #107-3/08 RE: ADOPTION OF AMENDMENTS TO LA CROSSE COUNTY DEVELOPMENT PLAN 2020 FOR THE TOWN OF SHELBY.

WHEREAS, La Crosse County in partnership with the towns of La Crosse County have acted in the public interest and in accordance with Wisconsin Statutes to prepare a County Development Plan to serve as a guide for land use decisions to assure the development of public and private land use in appropriate relationships; and, WHEREAS, the County Development Plan analyzes past and current development trends and issues; and, WHEREAS, the County Development Plan contains the goals and recommendations that were subject to numerous public meetings and public hearings sponsored by both La Crosse County and the individual towns; and, WHEREAS, the development goals, objectives, and recommendations will be used to guide future decision making; and, WHEREAS, State Statutes state that a County Development Plan may be adopted in whole or in part and may be amended by the County Board; and, WHEREAS, pursuant to Wisconsin Statutes this County Development Plan includes the master plan of any village or city which was adopted under 62.23(2) and (3) and the official map of such city or village which was adopted under 62.23(6) without change; and, WHEREAS, the town which has proposed this amendment has held public participation activities on the specific town plan amendments and the issues raised during these public hearings have been reviewed and considered. WHEREAS, because the La Crosse County Board has a regional viewpoint in land use decisions there is likelihood that both the County and the Town will not agree on all points in these plans, as amended, but the general goals, implementation tools, and recommended land use types as delineated on the recommended land use type map are agreed to with this resolution. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board hereby amends the La Crosse County Development Plan 2020 to include the proposed town amendments of the Town of Shelby, as a guide for future development activity and to aid the County Board in the performance of its duties. BE IT FURTHER RESOLVED, that the La Crosse County Board accepts up to the projected planned growth in this town for the next twenty years as delineated in the attached Exhibit B.

Motion by Hanson/T. Johnson to approve passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE - RE: FOR ADOPTION OF AMENDMENT TO LA CROSSE COUNTY DEVELOPMENT PLAN 2020 FOR THE TOWN OF ONALASKA FOR THE TODD WRIGHT PROPERTY

WHEREAS, in partnership with the towns in La Crosse County, La Crosse County has acted in the public interest and in accordance with Wis. Stats. s. 59.69(3) to adopt the La Crosse County Development Plan 2020 to serve as a guide for land use decisions to assure the development of public and private land use in appropriate relationships until a comprehensive plan pursuant to s. 66.1001 is adopted; and, WHEREAS, the County Development Plan analyzes past and current development trends and issues; and, WHEREAS, the County Development Plan contains the goals and recommendations that were subject to numerous public meetings and public hearings sponsored by both La Crosse County and the individual towns; and, WHEREAS, the development goals, objectives, and recommendations will be used to guide future decision making; and, WHEREAS, the County Development Plan may be amended by the County Board at the request of a Town Board; and, WHEREAS, the Town Board of the Town of Onalaska passed an ordinance on December 17, 2007 amending the land use classification in its Development Plan for the following parcel from Agricultural Preservation to Conservation Residential: Tax Parcel No. 10-1547-2 (commonly known as the Todd Wright property consisting of 10 acres, more or less, as delineated in attached Exhibit A); and, WHEREAS, the Planning, Resource & Development Committee has held a public hearing on the amendment to the Development Plan by the Town of Onalaska and recommends approval of said amendment to the County Board. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board hereby amends the La Crosse County Development Plan 2020 to include the amendment of the Town of Onalaska from the land use classification of Agricultural Preservation to Conservation Residential for the Wright property as delineated in Exhibit A, as a guide for future development activity and to aid the County Board in the performance of its duties. BE IT FURTHER RESOLVED, that the acreage of the property delineated in Exhibit A shall be deducted from the threshold of residential acres (Exhibit B) planned for development in the Town of Onalaska that is projected to last 10 years from the date of comprehensive plan adoption.

FISCAL NOTE: These amendments potentially accelerate development and could substantially impact future costs of the County road system.

Motion by Hanson/Bina to approve. Discussion ensued. Supervisor Burke explained at length the information in the packets on the 3 resolutions pertaining to the Town of Onalaska and asked the board to reject all three. Discussion continued. Zoning, Planning and Land Information Director Bluske spoke to the resolutions and explained what would happen if these resolutions are passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle. He looks at the County as a whole and explained why he is not in favor of these resolutions. Discussion continued. The motion to approve failed on a roll call vote with 11 ayes and 21 nays with 3 excused – Gillett, Maney and Doyle. Those voting nay were Plesha, Sebranek, Hampson, Wood, Billings, Belzer, Richmond, Gamroth, Freedland, Medinger, Rauk, Keil, J. Johnson, Montgomery, Meyer, T. Johnson, Burke, Berns, Bilskemper, Fisher and B. Pfaff.

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE - RE: FOR ADOPTION OF AMENDMENT TO LA CROSSE COUNTY DEVELOPMENT PLAN 2020 FOR THE TOWN OF ONALASKA FOR THE GAVAGHAN LLC PROPERTY.

WHEREAS, in partnership with the towns in La Crosse County, La Crosse County has acted in the public interest and in accordance with Wis. Stats. s. 59.69(3) to adopt the La Crosse County Development Plan 2020 to serve as a guide for land use decisions to assure the development of public and private land use in appropriate relationships until a comprehensive plan pursuant to s. 66.1001 is adopted; and, WHEREAS, the County Development Plan analyzes past and current development trends and issues; and, WHEREAS, the County Development Plan contains the goals and recommendations that were subject to numerous public meetings and public hearings sponsored by both La Crosse County and the individual towns; and, WHEREAS, the development goals, objectives, and recommendations will be used to guide future decision making; and, WHEREAS, the County Development Plan may be amended by the County Board at the request of a Town Board; and, WHEREAS, the Town Board of the Town of Onalaska passed an ordinance on December 17, 2007 amending the land use classification in its Development Plan for the following parcel from Agricultural Preservation and Conservancy to Conservation Residential: Tax Parcel No. 10-162-1, 10-326-0, 10-162-0, 10-163-0, 10-327-0, 10-328-0, 10-329-0, 10-330-0, 10-324-0, 10-331-0, 10-333-0, 10-325-0, and 10-334-0 (more commonly known as the Severson Farm on County Highway D consisting of 520 acres, more or less); and, WHEREAS, the Planning, Resource & Development Committee has held a public hearing on the amendment to the Development Plan by the Town of Onalaska and recommends approval of said amendment to the County Board. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board hereby amends the La Crosse County Development Plan 2020 to include the amendment of the Town of Onalaska from the land use classification of Agricultural Preservation and Conservancy to Conservation Residential for the Gavaghan LLC property as delineated in Exhibit A, as a guide for future development activity and to aid the County Board in the performance of its duties. BE IT FURTHER RESOLVED, that the acreage of the property delineated in Exhibit A shall be deducted from the threshold of residential acres (Exhibit B) planned for development in the Town of Onalaska that is projected to last 10 years from the date of comprehensive plan adoption.

FISCAL NOTE: These amendments potentially accelerate development and could substantially impact future costs of the County road system.

Motion by Hanson/Bina to approve. Discussion ensued. Motion by Meyer/Billings to close debate passed on a roll call vote with 22 ayes and 10 nays with 3 excused – Gillett, Maney and Doyle. Those voting nay to close debate were Geary, Richmond, Freedland, Keil, Ebert, Bina, Schroeder, Spiker, Fisher and Hanson. The motion to approve the resolution failed on a roll call vote with 12 ayes and 20 nays with 3 excused – Gillett, Maney and Doyle. Those voting nay were Plesha, Sebranek, Hampson, Wood, Billings, Belzer, Richmond, Gamroth, Freedland, Medinger, Rauk, J. Johnson, Montgomery, Meyer, T. Johnson, Burke, Berns, Bilskemper, Fisher and B. Pfaff.

ORDINANCE #59-3/08 TO AMEND SS. 16.07(1), 16.16(1), 16.19(3)(e), AND 16.21(1)(b)4. & 5.a. OF THE GENERAL CODE OF LA CROSSE COUNTY, WISCONSIN ENTITLED FLOODPLAIN ZONING

The County Board of Supervisors of the County of La Crosse does ordain as follows:

(1) Designations. The boundaries of all floodplain districts are designated as floodplains or A-Zones on the maps listed below and the revisions in the La Crosse County Floodplain Appendix. Any change to the base flood elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations (RFE’s) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the County Zoning Administrator. If more than 1 map or revision is referenced, the most restrictive information shall apply.

1. Hydrologic and Dam Failure Analyses and Hazard Rating Assessment for Coon Creek Structures, No. 29, dated May 1996, including the studies and maps concerning the hydraulic shadow extending into La Crosse County, and No. 53, dated April, 1996, including studies and maps concerning the hydraulic shadow extending into La Crosse County, prepared by Ayres Associates and approved by DNR.

2. Hydrologic and Hydraulic Analyses, including Dam Failure Analysis, and Hazard Rating Assessment for Coon Creek Structures, No. 33, dated March, 2006, revised July, 2007, and No. 35, dated May, 2005, prepared by USDA – Natural Resources Conservation Services and approved by DNR.

3. Floodplain study and maps: All other DNR-approved and FEMA-approved floodplain maps, flood profiles, floodway data tables, regional or base flood elevations and other information located on file in the La Crosse County Zoning, Planning and Land Information Office. The County shall provide the most up-to-date information to the DNR and FEMA regional offices.

4. Soil survey maps on file in the La Crosse County Zoning, Planning and Land Information office.

1. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or

2. Increase regional flood height due to floodplain storage area lost, which equals or exceeds 0 foot.

(b) The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of sub. (c) are met.

(c) Obstructions or increases equal to or greater than 0 foot may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 16.23.

16.19(3)(e) Manufacturing and Industrial Uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe area shall be protected to the flood protection elevation in compliance with flood proofing measures in s. 16.22(5). Subject to the requirements of sub. (f), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

16.21(1)(b)4. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 16.19(3)(b). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph.

16.21(1)(b)5.a. Except as provided in subsection (1)(b), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure’s present equalized assessed value.

Section 5. This Ordinance shall take effect the day after passage and publication.

Motion by Hanson/Meyer to suspend the rules to vote on the ordinance at its first reading passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle. Motion by Hanson/Richmond to approve. Zoning, Planning and Land Information Director Bluske explained why the Ordinance needed to be passed this month. Discussion ensued. The motion to approve passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle.

FAILED COMMITTEE RESOLUTION: RE: ADOPTION OF AMENDMENT TO LA CROSSE COUNTY DEVELOPMENT PLAN 2020 FOR THE TOWN OF ONALASKA. MINORITY REPORT BY SUPERVISOR HANSON– MOTION BY HANSON TO SUBSTITUTE THE RESOLUTION FOR THE REPORT OF THE PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE.

WHEREAS, in partnership with the towns in La Crosse County, La Crosse County has acted in the public interest and in accordance with Wis. Stats. s. 59.69(3) to adopt the La Crosse County Development Plan 2020 to serve as a guide for land use decisions to assure the development of public and private land use in appropriate relationships until a comprehensive plan pursuant to s. 66.1001 is adopted; and, WHEREAS, the County Development Plan analyzes past and current development trends and issues; and, WHEREAS, the County Development Plan contains the goals and recommendations that were subject to numerous public meetings and public hearings sponsored by both La Crosse County and the individual towns; and, WHEREAS, the development goals, objectives, and recommendations will be used to guide future decision making; and, WHEREAS, the County Development Plan may be amended by the County Board at the request of a Town Board; and, WHEREAS, the Town Board of the Town of Onalaska passed 6 ordinances on January 30, 2008 amending the land use classification in its Development Plan from Agricultural Preservation to Conservation Residential and/or Conservation Mixed Use as more specifically set forth in Exhibit A; and, WHEREAS, the Planning, Resource & Development Committee has held a public hearing on the amendment to the Development Plan by the Town of Onalaska and recommends approval of said amendment to the County Board. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board hereby amends the La Crosse County Development Plan 2020 to include the 6 amendments of the Town of Onalaska from the land use classification of Agricultural Preservation to Conservation Residential and/or Conservation Mixed Use as more specifically set forth in Exhibit A. BE IT FURTHER RESOLVED, that the total acreage of the property delineated in Exhibit A is 462.51 acres which together with the amendments for Wright Property (10 acres) and Gavaghan LLC property (520 acres) total 992.51 acres of residential acres which exceed the total of 840 acres for residential development in the Town of Onalaska that is projected to last 10 years from the date of comprehensive plan adoption.

FISCAL NOTE: These amendments potentially accelerate development and could substantially impact future costs of the County road system.

Supervisor Rauk gave the Committee report; the resolution failed in Committee with 3 ayes, 2 nays and 1 abstention. He then yielded the floor to Supervisor Hanson. Motion by Hanson/Bina to approve the resolution failed on a roll call vote with 12 ayes and 20 nays with 3 excused – Gillett, Maney and Doyle. Those voting nay were Plesha, Sebranek, Hampson, Wood, Billings, Belzer, Richmond, Gamroth, Freedland, Medinger, Rauk, J. Johnson, Montgomery, Meyer, T. Johnson, Burke, Berns, Bilskemper, Fisher and B. Pfaff.

AGENDA ORDER: There was no objection to staff’s request to move Item 19/3 ahead on the agenda to be considered next.

ORDINANCE #60-3/08 TO CREATE CHAPTER 31 ENTITLED “LA CROSSE COUNTY, WISCONSIN COMPREHENSIVE PLAN 2007-2027” OF THE GENERAL CODE OF LA CROSSE COUNTY, WISCONSIN

The County Board of Supervisors of the County of La Crosse does ordain as follows:

Section 1. Ordinance #60-3/08 creating Chapter 31 of the General Code of La Crosse County entitled “La Crosse County, Wisconsin Comprehensive Plan 2007-2027” is hereby adopted by reference. Ordinance #60-03/08 was available for public inspection not less than 2 weeks before it was enacted. A copy of Chapter 31 shall be maintained and available for public inspection in the office of the La Crosse County Clerk after its enactment. Copies of the Ordinance are available from the La Crosse County Clerk or at www.co.la-crosse.wi.us.

Section 2. This Ordinance shall take effect the day after its passage and publication.

Motion by T. Johnson/Hanson to approve. Motion by T. Johnson/Kapanke to replace the words threshold and thresholds with the words guideline and guidelines in the narrative and Table 1 of the Land Use element portion of the plan. Discussion ensued. The motion to amend passed on a voice vote with 28 ayes and 4 nays – Hanson, Bina, Schroeder and J. Johnson with 3 excused – Gillett, Maney and Doyle. Motion to approve Amendment B, as proposed by Ebert/Hammes last month. Discussion ensued. Motion by Sebranek/Meyer to close debate passed on a unanimous voice vote with 3 excused – Gillett, Maney and Doyle. Amendment B failed on a roll call vote with 12 ayes and 20 nays with 3 excused – Gillett, Maney and Doyle. Those voting nay on Amendment B were Plesha, Sebranek, Hampson, Kapanke, Wood, Billings, Belzer, Richmond, Gamroth, Freedland, Medinger, Rauk, J. Johnson, Montgomery, Meyer, T. Johnson, Burke, Bilskemper, Fisher and B. Pfaff. Motion by Bina/Ebert to approve Amendment A. Discussion ensued. Motion by Geary/Schroeder to table Amendment A failed on a voice vote with 4 ayes and 28 nays with 3 excused – Gillett, Maney and Doyle. Those voting nay to table were Belzer, J. Johnson, Gamroth, Billings, Plesha, Freedland, Hampson, Wood, Ehrsam, Medinger, Montgomery, Sebranek, Meyer, T. Johnson, Bina, Hanson, Ebert, Kapanke, L. Pfaff, Burke, Hammes, B. Pfaff, Spiker, Fisher, Schippers, Berns, Rauk and Bilskemper. The motion to approve Amendment A failed on a roll call vote with 8 ayes and 23 nays with 3 excused – Gillett, Maney and Doyle. Those voting nay on Amendment A were Plesha, Geary, Sebranek, Hampson, Kapanke, Wood, Billings, Belzer, Richmond, Gamroth, Freedland, Medinger, Rauk, Keil, J. Johnson, Montgomery, Meyer, T. Johnson, Schroeder, Burke, Bilskemper, Fisher and B. Pfaff. Motion by Bina/Schroeder to change “annually” to “quarterly” in Section 3105(8)(b)4 regarding updating the La Crosse County Future Land Use Map. Discussion ensued. The motion to amend failed on a roll call vote with 8 ayes and 24 nays with 3 excused – Gillett, Maney and Doyle. Those voting nay on that amendment were Plesha, Sebranek, Hampson, Kapanke, Wood, Billings, L. Pfaff, Belzer, Richmond, Gamroth, Freedland, Medinger, Rauk, Keil, J. Johnson, Montgomery, Meyer, T. Johnson, Burke, Berns, Hammes, Bilskemper, Fisher and B. Pfaff. Supervisor Hanson questioned why we put the Comprehensive Plan in ordinance form. Corporation Counsel William Shepherd explained why he determined that it was a good idea to do so. Motion by Schroeder/Ehrsam to defer for one year. Discussion ensued. Motion by Medinger/Meyer to close debate passed on a roll call vote with 27 ayes and 5 nays – Freedland, Keil, Ebert, Bina and Burke with 3 excused – Gillett, Maney and Doyle. The motion to defer failed on a roll call vote with 14 ayes and 18 nays with 3 excused – Gillett, Maney and Doyle. Those voting nay to refer were Plesha, Hampson, Kapanke, Wood, Billings, Belzer, Richmond, Gamroth, Freedland, Medinger, Rauk, J. Johnson, Montgomery, Meyer, T. Johnson, Burke, Berns and B. Pfaff. Discussion on the amended ordinance continued. The motion to approve the Ordinance, as amended, passed on a roll call vote with 19 ayes, 12 nays and 1 abstention - Geary with 3 excused – Gillett, Maney and Doyle. Those voting nay on the amended ordinance were Sebranek, L. Pfaff, Schippers, Keil, Ebert, Ehrsam, Bina, Schroeder, Hammes, Spiker, Fisher and Hanson.

CLOSED SESSION: Motion by T. Johnson/Gamroth to go into closed session at 8:50 p.m. pursuant to Wisconsin State Statutes Section 19.85 (1)(g) conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved TO WIT: Claim of Jeremiah J. Shefelbine.

Motion by Meyer/Richmond to reconvene into open session at 8:54 p.m. passed on a unanimous voice vote with 4 excused – Billings, Gillett, Maney and Doyle.

WHEREAS, Jeremiah J. Shefelbine filed a claim alleging that he slipped and fell in H-block restroom of the La Crosse County Jail on September 3, 2007 and seeking reimbursement for his hospital expenses, jail medical co-payment, pain and suffering, and future medical costs in the total amount of $41,006.71; and, WHEREAS, Wisconsin Municipal Mutual Insurance Company (WMMIC) has reviewed the information, investigated the facts and recommends formal disallowance of this claim by the County Board; and, WHEREAS, this claim does not appear to be meritorious and should be disallowed. NOW THEREFORE BE IT RESOLVED, that the claim of Jeremiah J. Shefelbine against La Crosse County, its officers, officials, employees, and agents is hereby disallowed and further be it required that notice of disallowance of this claim shall be served on the claimant by registered or certified mail and the receipt therefore, signed by claimant, or the returned registered letter, shall be proof of service. BE IT FURTHER RESOLVED, that the claimant is notified that no action on this claim against La Crosse County, nor against any of its officers, officials, agents, or employees, may be brought after 6 months from the date of service of this notice of disallowance.

Motion by T. Johnson/Burke to disallow the claim passed on a voice vote with 30 ayes and 1 nay - Medinger with 4 excused – Billings, Gillett, Maney and Doyle.

RESOLUTION #109-3/08 RE: APPROVAL OF HOUSEHOLD HAZARDOUS MATERIAL PROGRAM FEES

WHEREAS, La Crosse County has operated a Household Hazardous Materials Collection Program (HHM) since 2003; and, WHEREAS, the HHM has provided a fee based service to non-county residents, area businesses and residents (electronics recycling only); and, WHEREAS, the fees charged are based upon disposal costs and a percentage mark-up, depending upon the specific waste stream of these specific materials; and, WHEREAS, the hazardous material’s disposal market is volatile, where the price La Crosse County pays to dispose of collected material waste often changes quickly; and, WHEREAS, it is in the best interest of La Crosse County to have the ability to pass on increased costs or decreased costs to customers. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board hereby authorizes the HHM program to charge fees within existing policy and within the cost range provided in the attached price list. BE IT FURTHER RESOLVED that the La Crosse County Board hereby rescinds that part of resolution #69-11/07 which set HHM fees for non-county residents and businesses inconsistent with this resolution.

FISCAL NOTE: Revenue from these fees pays for the cost of the HHM program. The updated fee range will need to be approved annually by the La Crosse County Board.

Motion by T. Johnson/Ehrsam to approve passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

Motion by Spiker/Plesha to approve passed on a unanimous voice vote with 4 excused – Billings, Gillett, Maney and Doyle.

Motion by Hanson/Gamroth to adjourn at 9:05 p.m. passed on a unanimous voice vote with 4 excused – Billings, Gillett, Maney and Doyle.

The above minutes may be approved, amended, or corrected at the next Board meeting.

I, Marion I. Naegle, La Crosse County Clerk, in and for the County of La Crosse, Wisconsin, do hereby certify that the foregoing is a true and correct copy of the Journal of Proceedings of the La Crosse County Board of Supervisors at the Monthly Meeting held Thursday, March 20, 2008 and that it is the whole thereof IN WITNESS THEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE OFFICIAL SEAL THIS 27^th DAY OF MARCH 2008.