PIERCE

MISSISSIPPI RIVERREGIONAL PLANNING COMMISSION

1707 Main Street, Suite 435La Crosse, WI 54601

Phone: (608) 785-9396Fax: (608) 785-9394

Email: plan@mrrpc.comWebsite: mrrpc.com

James Kuhn, Cashton, WIChairman

Margaret Baecker, Independence, WIViceChairman

VickiBurke, Onalaska, WISecretary& Treasurer

Greg Flogstad, Onalaska, WIDirector

MINUTESMISSISSIPPI RIVER REGIONAL PLANNING COMMISSION (MRRPC)

BIMONTHLY MEETING10:00 a.m., October 8, 2014

Best Western Riverfront Hotel, 1835 Rose Street, La Crosse, Wisconsin

Call to OrderChairman Kuhn called the meeting to order at 10:00 a.m. and asked for the roll call. Guests: John Medinger, representing U.S.Senator Tammy Baldwin; and Chase O'Brien, MRRPC UW-L Intem. The attendance roster is attached.

Minutes of August 13, 2014 Bimonthly MeetingChairman Kuhn asked for a motion on the August 13,2014 bimonthly minutes. Commissioner Twidt made a motion to approve theminutes; the motion was seconded by Commissioner Borreson to accept the August 13, 2014 bimonthly meeting minutes and themotion was carried unanimously.

Treasurer's ReportSecretary-Treasurer Burke gave the treasurers report. Ms. Burke said the July 31,2014 balance in all MRRPC accounts was$228,871.49 and the August 31,2014 ending balance was $225,901.92. She reported the beginning balance in August 31,2014was $225,901.92 and September 30,2014 balance was $227,317.27.

Ms. Burke said the Business Capital Fund (BCF) began with an August 1, 2014 balance of $252,942.68. Activity from August 1,2014 through September 30, 2014 included loan repayments of $12,654.68 and interest eamed of $86.47 leaving a September 30,2014 balance of $265,683.83. The BCF Sequester Account began with an August 1,2014 balance of $333,713.90. Activity fromAugust 1,2014 through September 30,2014 included interest earned of $126.20 and an interest payment of $90.05 to the U.S.Treasury leaving a September 30,2014 balance of $333,750.05.

Ms. Burke said the Business Capital Fund 2 began with an August 1,2014 balance of $60,692.1 O. Activity from August 1,2014through September 30,2014 included loan repayments of $953.62 and interest earned of $20.45 leaving a September 30,2014balance of $61 ,666.17. Ms. Burke said the Business Capital Fund 2 Sequester Account began with an August 1, 2014 balance of$155,248.91. Activity from August 1,2014 through September 30,2014 included interest earned of $58.71 and an interest paymentto the U.S. Treasury of $53.06 leaving a September 30, 2014 balance of $155,254.56.

Ms. Burke said the CMV Growth Development Fund began with an August 1,2014 balance of $39,716.42. Activity from August 1,2014 through September 30,2014 included loan repayments of $259.25 and interest earned of $6.88 leaving a September 30,2014balance of $39,982.55. Ms. Burke said the CMV Growth Development Fund Sequester Account began with an August 1,2014balance of $164,043.75. Activity from August 1, 2014 through September 30, 2014 included interest earned of $28.02 leaving aSeptember 30,2014 balance of $164,072.07.

The La Crosse County Business Fund began with an August 1, 2014 balance of $49,092.20. Activity from August 1,2014 throughSeptember 30,2014 included loan repayments of $2,710 and interest earned of $14.97 leaving a September 30,2014 balance of$51,817.17. Ms. Burke said the La Crosse County Economic Development Fund Sequester Account began with an August 1,2014balance of $74,485.63. Activity in this account from August 1,2014 through September 30,2014 included interest earned of $24.90leaving a September 30,2014 balance of $74,510.53.

Providing Planning and Economic Development Services to Improve the Region's Environment, Economy, and Quality of Life

• Land Use Planning» Zoning and Subdivision Ordinances» Transportation Planning» Economic Development Planning·GIS Mapping» Recreation Planning» Revolving Loan Fund Administration» Grant Writing» Socioeconomic Data Dissemination

• Assist Local Interests in Responding to State and Federal Programs »Advisory Service on Local Planning Issues•Coordinating Agency for Programs and Activities» Public Advocacy on Issues Affecting Our Region

MRRPC Bimonthly Meeting Minutes - October 8, 2014 2

Commissioner Ehrsam made a motion to approve the treasurer's reports as presented. The motion was seconded byCommissioner Nickelatti and approved unanimously.

Report on Regional Comprehensive Plan Public Open House Meetings and Public Comments ReceivedMr. Bonifas reported staff is nearing the end of the planning process on the regional comprehensive plan. He explained that regionalcomprehensive plan public open house meetings were held in every county in the region. Mr. Bonifas said public meeting noticeswere published in local newspapers announcing the meetings. He listed the various newspapers. Mr. Bonifas said meeting noticeswere also mailed to all MRRPC commissioners and county clerks in the region. A request was also made to the county clerksasking them to post the meeting notices. An email blast announcing the meetings was also sent to various organizations andagencies including the Wisconsin Departments of Transportation and Natural Resources, Wisconsin Economic DevelopmentCorporation, extension offices, economic development professionals, planners, Workforce Connections, Kickapoo Valley Reserve,county zoning departments, county aging units, county health and human services departments, Wis. Board of Disabilities, CouleeRegion RSVP, Westem Wisconsin Cares, West CAP, Westem Dairyland, Ho Chunk Nation, Hmong Mutual Assistance Associationetc. Mr. Bonifas listed the dates and where the various public open houses were held. In addition our June and August bimonthlymeetings were also open for comments from the public. Mr. Bonifas said the entire plan is also posted on the MRRPC's website atwww.mrrpc.com.Mr. Bonifas said we did receive comments and reiterated the opportunity for public input. The comments receivedwere from the Wisconsin DOT, The Kickapoo Valley Reserve, Trempealeau County Land Management, and two people from PierceCounty also provided comments. The DOT comments mostly centered around new data that has become available since the draftplan was prepared, making clarifying statements, recommendations on additional information to include in the plan, and some dataerrors that needed correcting. The Kickapoo Valley Reserve comment involved including the Kickapoo Reserve State Natural Areaon Map 7.02. The comment from Trempealeau County was about stopping annexations for industrial sand mining as a way to getaround Town and County land use regulations. The comments from the Pierce County residents involved their concem aboutimpact of industrial sand mining in the Towns of Trenton and Oak Grove that had already been deliberated by the Town Boards andCounty Board. Commissioner Schroeder asked if the public meetings were well attended. Mr. Bonifas commented there wereattendees but attendance was not great. Mr. Bonifas commented that people were able to go online and review the plan.

Commissioner Borreson asked if there was a common theme in comments received. Mr. Bonifas said most people were concernedabout land use issues, specifically frac sand mining. Attendees also seem to be interested in alternative energy sources and theinformation provided at the open houses on this issue. There was some discussion on the comments received.

Report on Changes and Additions to the Regional Comprehensive Plan and Public and Commissioner Comments

Chairman Kuhn asked for the report on changes and additions to the regional comprehensive plan. Mr. Bonifas said since the lastbimonthly meeting six maps were added to Chapter 1 on population, housing units, and per capita money income and the change inthose areas between 1990 and 2010. Mr. Bonifas said these maps provide a visual of where the growing population centers arelocated. Mr. Bonifas said Map 3.06, DOT 6-Year State Highway Improvements, was updated. Mr. Fletcher said some modificationswere also made to the transportation element. There was information added on frac sand oil trains traveling through and in theregion. Mr. Fletcher said that because of information received from WI-DOT changes were made to the US, State, County, Town,Village, and City Road Inventory Table 3.1. Mr. Fletcher said recommendation 3.11 (k) was also added: "Support rule making effortsby the U.S. Department of Transportation to address new tanker car standards, better classification for liquid petroleum products,route risk assessment planning for railroads, and reduced speed limits for oil trains." Mr. Flogstad said in Chapter 5 a section wasadded on impaired rivers, streams and lakes in the region as well as a map identifying those waters. He said every two years theWisconsin DNR publishes a list of waters considered impaired, as required by the federal Clean Water Act (CWA) Section 303(d).Mr. Flogstad discussed some of the major pollutants of impaired waters (Phosphorous, Polychlorinated Biphenyls, Mercury, andTotal Suspended Solids). He said most impaired waters don't have Total Maximum Daily Loads (TMDL's) in place. Mr. Flogstadsaid the DNR is interested in partnering with local govemments to do more testing on these waters and a goal is to encourage localunits of govemment to come up with TMDL's. Mr. Flogstad said information was also added on groundwater condition and capacity.Goals and recommendations were also revised to address impaired waters, groundwater, and mining issues.

Commissioner McMillan Urell said she would like to see information on high capacity wells operating in the region and the affect theyhave. Chairman Kuhn said the large agricultural operations are using more and more water. Commissioner Borreson asked if therewas any information on how much groundwater a specific county uses. For example what portion does La Crosse County useversus Trempealeau County? Commissioner Savage said on page 5-19 it says the Town Line Flowage has mercury contamination.He questioned where that would come from. Mr. Flogstad said that contamination comes from the atmosphere; it is in the

MRRPC Bimonthly Meeting Minutes - October 8, 2014 3

ecosystem from years ago. He added that mercury contamination in the region may not be necessarily coming from the U.S.Commissioner Leys said he wanted to thank staff for preparing the regional comprehensive plan. He said it contains a lot of valuableinformation. He said the region'S population is getting older, poorer, and school enrollments are going down. He said however, wehave the lowest crime rate in the state. Commissioner Christenson questioned why the charts on page 6-18 showing employmentby sector did not include information on the farming sector. Mr. Flogstad said it is difficult to get accurate data on farm employmenteven though the dollar impact of farming on the economy is huge. Mr. Bonifas said that with the sophisticated farming equipmenttoday, you can produce more with less. Mr. Flogstad said that farming has a big impact on the food processing industries in theregion. Commissioner Savage said he didn't see any reference of the Hatfield dam. Mr. Flogstad said the dam was referenced onPage 4-20. Commissioner Borreson questioned why the hydro-power dam in Hastings shut down. Mr. Flogstad said that was a testproject for a different type of hydro-power done by a company based in Texas or Illinois. Chairman Kuhn asked if there were anymore questions or comments on the regional comprehensive plan.

Decision to Approve Public Hearing Draft of Comprehensive Plan and set Public Hearing for Wednesday, December 10,2014Chairman Kuhn asked for a motion to approve the public hearing draft of the regional comprehensive plan and setting the publichearing date for Wednesday December 10, 2014 during the MRRPC bimonthly meeting. Commissioner Burke made a motion toapprove the Draft of the Regional Comprehensive Plan as presented including the proposed changes. Commissioner Twidtseconded the motion. Chairman Kuhn asked if there was any discussion and the motion was approved unanimously.Commissioner Leys made the motion to set the public hearing for December 10th and Commissioner Ehrsam seconded the motion.Chairman Kuhn asked if there was any discussion or comments and hearing none, the motion was approved unanimously.

Report on Frac Sand Annexations in Trempealeau CountyMr. Fletcher said Trempealeau County is ground zero for frac sand mining. He said what is happening there is quite interesting. Hedisplayed a map to show what is happening in the county. Mr. Fletcher said there are changes daily and just today the County shutdown a frac sand mine due to allegations that the mining company was violating county environmental regulations. Mr. Fletcherexplained the mine shut down was annexed by the City of Independence. Commissioner Leys asked why cities and villages wouldannex these mines. Mr. Fletcher explained that municipalities get money from the mining companies and the mining companieswant to be annexed so they don't fall under county regulations. Mr. Fletcher said most cities and villages don't have regulations inplace to address frac sand mining but the county does.

Commissioner Baecker provided some history on the frac sand mines in Trempealeau County. She said the County Board passed a1-year moratorium on frac sand mines. She said the mining company asked for annexation from the City of Independence from theTown of Lincoln. Commissioner Borreson said some of the annexations have impacted funding for school districts and theimplications are not all positive. Mr. Fletcher displayed a map in Trempealeau County showing annexations that have happened andthe proposed annexations. He discussed some of the annexations and the impact they are having. He said Trempealeau Countyhas regulations in place to address environmental issues such as noise, hours of operation etc., and most cities and villages don't.Commissioner Leys asked if the moratorium on frac sand mines was still in place. Mr. Fletcher said that it expired.

Commissioner Ross asked how many sand mine companies were involved in these annexations. Mr. Fletcher guessed there werearound 3-5 major operations. He said the annexations are taking place near rail. Commissioner Ross asked if all the mines wereabove ground. Mr. Fletcher said they were. Mr. Fletcher said a Town can contest an annexation but if they choose not to, theannexations are not reviewed and can just happen. He said what's happening is a majority of the Towns are supportive ofannexations because of the economic benefits. Mr. Fletcher said many landowners are also paid for annexations to go across theirproperty. Mr. Fletcher said a lot of annexations are taking place with no contest. He commented things may be changing somewhatas the City of Arcadia just adopted a one-year moratorium on annexations and this past Monday night the City of Blair also said nomore annexations for one year, of any kind. He explained that an annexation like this can take place if there is no contest but on theother hand if a town wants to incorporate, a certain density of population has to be met. There was some discussion on populationdensities and incorporations. Mr. Fletcher questioned what the long term affects will be, what happens 20 years from now if fracsand mining just goes away? He said there may be taxation issues, road issues, development issues etc.

Commissioner Murray said Pepin County has one sand mine. The county has an agreement in place with the mining company thatprotects the county. The mine employs 60 people. Mr. Murray said trac sand mining will happen but negotiation has to take placeso it's done properly. Mr. Murray said it's not all bad. Mr. Fletcher agreed it had to be managed properly. Mr. Fletcher explained thatwhat happened with the mine that was just closed near Independence was the mining company opened the mining site up, without abond. Mr. Fletcher outlined some of the problems at the mine that caused the County to close it down. He said the DNR receivedseveral complaints regarding the mine and under NR135 regulations the County can regulate that mine because the City ofIndependence did not issue any permits. Mr. Fletcher said if cities and villages work with the mining companies to put protections inplace it can work. Mr. Murray said by Wisconsin law, you have to have a reclamation plan in place, and the landowner is liable. Mr.

MRRPC Bimonthly Meeting Minutes - October 8, 2014 4

Fletcher said if the landowner is in Texas or Canada and walk away, it can be a problem. Mr. Leys said he thought cities andvillages hire consultants to advise them on issues such as these. Mr. Fletcher explained there isn't much expertise in this areabecause it's all new. He said it's new to a lot of consultants that are dealing with this. Commissioner Savage said Taylor and AlmaCenter have facilities like these on the same rail and don't have these issues; what's the difference? Mr. Fletcher said it's a matter of"is there regulation". He said Trempealeau County does have regulations in place. There was some discussion on the violations onthe Independence site that just closed. Mr. Fletcher said it's all part of the growing pains. He said Trempealeau County is trying toorganize a meeting between the Department of Natural Resources, the county, cities, villages, and the towns to discuss the fracsand mining and annexation issues. The county has also asked MRRPC to attend this meeting. He said the problem is gettingeveryone on the same page. There was more discussion on the annexations that have occurred and the proposed annexations.Commissioner Christenson said the problem is even if you have regulations there are mining companies that don't adhere to theregulations. He mentioned a mine proposed for the Town of Garfield in Jackson County. He said the Town contacted Eau Claire forinformation on the how the mines operated in the region and Eau Claire indicated the mining companies were not followingregulations and violated many agreements they had entered into.

Commissioner Schroeder said this isn't new and mentioned an annexation that occurred in Pierce County for a plant. He said hehas a frac mine drying plant in his back yard plus a rail yard. Mr. Schroeder said the mining company has been a good neighbor anda community contributor. He said they are a top notch employer in the area. Mr. Fletcher said that is ultimately the goal that everyexperience could be like that. Commissioner Ross said he would like to echo what Commissioner Schroeder said. He said we haveto be mindful that American is a free enterprise system, and things do change. Business changes, we need to be proactive. He saidthat Pierce County deals with underground mines. Mr. Fletcher said rules in place need to be followed. Chairman Kuhn saidreclamation plans can dictate what the land will look like. Commissioner Burke said frac sand mining and its impact on rail is alsocostly to communities. Mr. Fletcher said the Trempealeau County Extension office is working on an economic impact study of minesto see how many jobs there are etc.

Decision of Acceptance of Planning Grant from Wisconsin DOTMr. Fletcher presented a transportation planning grant proposal between the MRRPC and the Wisconsin DOT. He said the purposeof the contract is to inventory the number of vehicles purchased with public funds and to get a better method of sharing thosevehicles in place to maximize their use. He said the contract involves documenting the vehicles ages, annual miles driven, andannual hours used, and their specific days and hours of operations and their locations when not operating in Crawford, Vemon andLa Crosse counties. The project will also develop a vehicle sharing agreement and system with the goal that all owners of thesevehicles sign the agreement. Mr. Fletcher explained that when a 5310 vehicle is purchased, 80% is state/federal funding and 20% islocal. One of the requirements of that program is that during off time when the vehicle isn't being used it should be made availablefrom other potential agencies. He said the reality is there hasn't been much sharing of these vehicles between agencies. He saidmore emphasis is being put on coordination of these vehicles. He gave some examples of deterrents of why the sharing of thesevehicles isn't happening. He said developing an agreement would aid in the sharing process.

Commissioner Savage asked if anyone had looked at the Uber service. He questioned the use of govemment vehicles and saidthere are other altematives such as the use of private vehicles that are sitting idle. Mr. Fletcher said these 5310 vehicles havealready been purchased by local units of govemment and are out there available for use. He stated again that a requirement ofthese 5310 vehicles is coordination so they can be shared between agencies. There was some discussion on how 5310 vehiclescan be shared. Commissioner Leys mentioned a situation in Prairie du Chien where a bus with 105,000 miles blew a motor, and isnow going to be sold. He questioned the useful life of vehicle guidelines. Mr. Fletcher explained that guidelines for the 5310program regarding the useful life of a vehicle are followed. Commissioner Borreson said he felt this was an excellent grant as smallthings can become insurmountable - and if they can be addressed, coordination can happen. Chairman Kuhn asked for a motion toapprove the planning grant. Commissioner Burke made a motion to approve the Transportation Planning Grant and the motion wasseconded by Commissioner Schroeder. Chairman Kuhn asked if there was any further discussion; hearing none the motion wasapproved unanimously.

Decision on 2015 Regional Transportation Work ProgramMr. Fletcher presented the proposed 2015 Regional Transportation Work Program. He explained he had to submit the workprogram to the Wisconsin Department of Transportation, and everything is to be done and approved by the end of November. Hesaid the work program was submitted to DOT but they have not reviewed it to date. Mr. Fletcher reviewed the work program indetail. He asked for a decision on approving the Transportation Work Program condition upon DOT review and any modificationsthey require. Chairman Kuhn asked for a decision on the proposed 2015 Regional Transportation Work Program. CommissionerNickelatti made a motion to approve the 2015 Regional Transportation Work Program including any changes proposed by WisconsinDOT; the motion was seconded by Commissioner Borreson and approved unanimously.

MRRPC Bimonthly Meeting Minutes - October 8,2014 5

Decision on Crawford County Farmland Preservation ContractDave Bonifas presented a contract between the MRRPC and Crawford County to secure the planning services of the MRRPC forthe purpose of updating Crawford County's Farmland Preservation Plan. He reviewed the contract. Chairman Kuhn asked for amotion on the contract. Commissioner Smith made a motion to approve the Crawford County Farmland Preservation Contract; themotion was seconded by Commissioner Ross; and approved unanimously. Commissioner Borreson asked if the match was inkind;Mr. Bonifas said it was.

Decision on Filling Economic Development Planner PositionMr. Flogstad said after reviewing potential funding sources for the 2015 budget he is recommending to delay filling the economicdevelopment planner position. He said we could review this issue again when 2015 budget is prepared. Commissioner Folceyasked Mr. Flogstad about meeting the work load. Mr. Flogstad said he would do his best to handle the workload. There was somediscussion on whether or not to fill the position. Commissioner Kuhn asked if the consensus at this time was to delay filling theeconomic development planner position. Commissioner Twidt said we should revisit the issue again at budget time. Chairman Kuhnasked if there were any more comments or further discussion. Hearing none Chairman Kuhn asked if there was any old or newbusiness.

Commissioner Savage asked if there was an annual meeting scheduled for the Business Capital Fund. Mr. Flogstad thanked himfor the reminder and said one would be scheduled in October.

Mr. Flogstad referred to a July 17, 2014 Forbes magazine article. He said the federal govemment and U.S. Economic DevelopmentAdministration have come up with a new definition of economic development and the definition doesn't include the word "job". Thedefinition is: Economic Development creates the conditions for economic growth and improved quality of life by expanding thecapacity of individuals, firms, and communities to maximize the use of their talents and skills to support innovation, lower transactioncosts, and responsibly produce and trade valuable goods and services. Economic Development requires effective collaborateinstitutions focused on advancing mutual gain for the public and the private sector. Economic Development is essential to ensuringour economic future.

Commissioner Schroeder said every time we change a Chairman we present the new chairman with a gift. He then presented a"John Kuhn, No. 30", Green Bay football jersey shirt to Chairman Kuhn. Chairman Kuhn thanked Commissioner Schroeder for thejersey.

Chairman Kuhn asked for a motion to adjoum the meeting. A motion was made to adjoum the meeting. The motion was secondedand unanimously approved.

Vicki Burke, Secretary-Treasurer

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