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COUNTY BOARD

April 12, 2022

 April 12, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, April 12, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

Chair Buck Nordlof called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Buck Nordlof, Jon Waibel and Ed Arnesen. Also present was County Auditor/Treasurer Lorene Hanson. Absent was: Commissioner Cody Hasbargen.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with the following changes: Move public hearing to 10:00 a.m. as was published in the newspaper and approved at the meeting on March 8th,2022. Add: Legislative update, Resolution for 911/Emergency Response Center.

Union Negotiations

Motion 

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting at 9:05 a.m. and open the closed session pursuant to MN Statute 13D.03 Union Negotiations. The following were present: Commissioners: Joe Grund, Buck Nordlof, Jon Waibel, Ed Arnesen, County Auditor/Treasurer Lorene Hanson, County Attorney James Austad, Sheriff Gary Fish, and Human Resources Director Savanna Slick. Joining by phone was: Kristi Hastings.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session at 9:15 a.m. and open the regular meeting.

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from March 22,2022.

Human Resources

Human Resources director Savannah Slick asked the board to approve a grade increase for Deputy Jason Goulet. He is currently Grade 11, 26.25 per hour, Step 11 at 262 points.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve Jason Goulet at Grade 12, $27.70 per hour, Step 11 at 282 points.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $127,912.00; Road & Bridge $35,565.92; Solid Waste $40,173.69; EDA $12,214.28.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/12/2022 For Payment 4/15/2022

Vendor Name Amount

Cenex Co-Op Services, Inc. 19,674.86 

Compass Minerals America 4,833.63

Happy Tree Productions 8,890.00 

Howard’s Oil Company 5,899.28 

KRIS Engineering Inc 3,478.06

Lake of the Woods Electric LLC 6,529.06

Larkin Hoffman Attorneys 14,040.50

LOW Highway Dept 3,710.00 

Mar-Kit Landfill 17,850.00 

Mn Counties Computer Co-Op 18,617.59

Mn State Dept-Correction 23,270.92 

Northern Sports & Machine – Dba 33,938.00 

R & Q Trucking, Inc 4,888.00 

Thortsen Trucking, Inc/Dale 3,992.52 

University Of Mn 9,618.63 

Voyageurs Comtronics, Inc 2,640.00 

Wex Bank 2,051.74 

74 Payments less than 2000 31,943.10

Final Total: 215,865.89

Further moved to authorize the payment of the following auditor warrants: March 23,2022 for $16,354.69; March 30,2022 for $2,277.79; April 6, 2022 for $110,274.42.

Legislative Update

Commissioner Ed Arnesen updated the board on various topics that included: NWA funding, Federal Funding for Law Enforcement, and Tourism.

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $14,233.85; Commissioners Warrants $4,496.42; Commissioners Warrants $16,563.35.

Correspondence

A letter recognizing the Lake of the Woods County Board and staff for a perfect performance in meeting the Department of Human Services (DHS) financial reporting requirements for calendar year 2021 was presented. 

911/Emergency Response Center

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the support of federal funding for the 911 Emergency Response Center and for a resolution to be drafted by County Attorney James Austad and for Chair Buck Nordlof to sign the same. 

Emergency Management

Permission to Pay for Services

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve payment in the amount of $1,600.00 to DSC Communications for programming support services.

FirstNet by AT&T

Emergency Management director Jill Hasbargen Olson, and MIS Tech John Butenhoff came to the board to request approval to change Law Enforcement services from Verizon to FirstNet by AT&T and went over the benefits of this service. They also recommend switching the County to FirstNet by AT&T.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve FirstNet by AT&T as the new provider. 

Public Hearing-Commissioner Districts

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the public hearing to re-establish Commissioner districts.

Resolution

The following resolution was offered by Commissioner Ed Arnesen and moved for adoption:

A Resolution for Adoption of County Commissioner Districts

Resolution 22-04-01

WHEREAS, Minnesota Statutes Chapter 375 establishes the procedure and requires a process for redistricting County Commissioner districts based on population figures from the Federal Census; and,

WHEREAS, Minnesota Statute section 204B.135, subd. 2 requires that County Commissioner Districts be redistricted within 80 days of when the legislature has been redistricted or at least 15 weeks before the state primary election, whichever comes first; and,

WHEREAS, pursuant to these statutes the 2020 Federal Census population figures shall be used to redistrict the Lake of the Woods County Commissioner Districts by April 26, 2022, and that Commissioner Districts shall be bounded by town, municipal, ward, city district, or precinct lines; and,

WHEREAS, the Lake of the Woods County Board of Commissioners has considered the possibility or potential for maximizing minority representation on the board of commissioners; and,

WHEREAS, Lake of the Woods County published a three week notice in the newspaper having the contract for publishing the commissioner’s proceedings for the county for 2022; and,

WHEREAS, Lake of the Woods County conducted a public meeting on redistricting on April 12, 2022:

NOW, THEREFORE BE IT RESOLVED that the Lake of the Woods County Board of Commissioners hereby redistricts the County of Lake of the Woods, following town, municipal, ward, city district, or precinct lines as reestablished in March, 2022, and reestablishes the length of terms as follows:

Commissioner District 1 (4-year term, 2022 election)

Lake of the Woods Commissioner District 1 consists of that portion of Baudette Township that lies East of the Winter Road River and East of County Road 75, south of where it intersects the Winter Road River; and that portion of the City of Baudette that lies West of the Baudette River, excluding the North ½ of the Southwest ¼

of Section 2, and the Northwest ¼ of the North ½ of Section 3, and the North ½ of the Southwest ¼ of Section 3, and the North ½ of the Northeast ¼ of Section 10 in Spooner Township.

Commissioner District 2 (4-year term, 2024 election)

Lake of the Woods Commissioner District 2 consists of Gudrid Township, Rapid River Township, Unorganized Township 157-30, Unorganized Township 158-30, Boone Township, Swiftwater Township, Kiel Township, and that portion of Baudette that lies East of the Baudette River, excluding the North ½ of the Southeast ¼ of Section 2 in Spooner Township.

Commissioner District 3 (4-year term, 2022 election)

Lake of the Woods Commissioner District 3 consists of the City of Williams, Walhalla Township, Potamo Township, Rulien Township, Victory Township, Forest Area, that portion of Spooner Township not already defined in Districts 1 and 2, and that portion of McDougald Township lying South of State Trunk Highway 11.

Commissioner District 4 (4-year term, 2024 election)

Lake of the Woods Commissioner District 4 consists of Wheeler Township, Wabanica Township, that portion of McDougald Township lying North of State Trunk Highway 11, and that portion of Baudette Township lying West of County Road 75, south of where it intersects the Winter Road River and West of the Winter Road River, north of where it intersects County Road 75.

Commissioner District 5 (4-year term, 2024 election)

Lake of the Woods Commissioner District 5 consists of Lakewood Township, Prosper Township, Zippel Township, Myhre Township, Chilgren Township, Northwest Angle and Islands, and that portion of the City of Roosevelt that lies in Lake of the Woods County.

BE IT RESOLVED that the County Auditor-Treasurer is directed to keep the redistricting plan on file by May 3, 2022, to be effective on June 3, 2022, for the 2022 primary and general election and publish in the Northern Light Region.

BE IT FINALLY RESOLVED that the districts are, for illustrative purposes, identified in a map of the county attached hereto and marked Exhibit A which by reference is hereby made a part hereof.

The resolution was seconded by Commissioner Jon Waibel the same being put to a vote, was unanimously carried.

Public Works

Approval of SAP 039-649-005

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve project SAP 039-649-005, graveling of NWA, in the amount of $75,000.33 from state aid.

Approval of SAP 039-594-002

Motion

Motion was made by Commissioner Jon Waibel, seconded by Joe Grund and carried unanimously to grant a conditional approval for the main street north block project SAP 039-594-002 in the amount of $1,398,904.00 and for City Council to approve. 

Approval of Bid for SAP 039-630-001

Motion

Motion was made by Commissioner Jon Waibel, seconded by Ed Arnesen and carried unanimously to approve the bid for SAP 039-630-001, road to Wabanica, from Davidson Construction in the amount of $190,000.00.

Recess

A brief recess took place at 10:40 a.m. and reconvened at 11:00 a.m.

Land & Water

Consideration of Conditional Use Permit #22-06CU Twin Island Sleepers, LLC

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-06CU by Denton and Jennifer Rose (Twin Island Sleepers, LLC.): Government Lot Three (3) & Government Lot Four (4) in Section Three (3), Township One-Hundred Sixty-Two (162) North, Range Thirty-Four (34) West- Parcel ID# 17.03.21.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C and Section 402.1 of the Lake of the Woods County Zoning Ordinance, for the storage of more than five (5) fish houses and commercial winter ice fishing equipment, in a Rural Zoning District (R2).

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-06CU for Denton and Jennifer Rose (Twin Island Sleepers, LLC.) to allow storage of fish houses and ice fishing equipment in a Rural Zoning District (R2) with the following Conditions:

  1. Limited to one-hundred (100) Fish House Units- can include Wheel Houses
  2. No Habitation
  3. Must maintain fifty (50) foot natural vegetative buffer beyond the road right of way and on east side of the property.
  4. Conditional Use Permit expires on sale of property

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Denton and Jennifer Rose (Twin Island Sleepers, LLC) Date:  April 12, 2022

Location/Legal Description:  Government Lot Three (3) & Government Lot Four (4) in Section Three (3), Township One-hundred Sixty-two (162) North, Range Thirty-four (34) West – Parcel ID# 17.03.21.000

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C and Section 402.1 of the Lake of the Woods County Zoning Ordinance, for the storage of more than five (5) fish houses and commercial winter ice fishing equipment, in a Rural Residential Zoning District (R2).  

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES ( X ) NO (  )  N/A (  )

Why or why not? Out of view fish house storage

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES ( X )  NO (  )  N/A (  )

Why or why not? Remove some vegetative cover only

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

7. Is the site in harmony with existing and proposed access roads?     YES ( X )  NO (  )  N/A (  )

Why or why not? Adjacent to County Road 11

8. Is the project proposal compatible with adjacent land uses? YES ( X )  NO (  )  N/A (  )

Why or why not? Rural Residential (R2) Zoning District

9. Does the project proposal have a reasonable need to be in a shoreland location?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Is the site adequate for water supply and on-site sewage treatment systems? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?

Why or why not? Vegetative to road and to the east; Every access to be gated

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 

YES ( X )  NO (  )  N/A (  )

Why or why not? Requesting 2 4’x8’ signs

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES ( X )  NO (  )  N/A (  )

Why or why not? No parking on site needed

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:

  1. Limited to one-hundred (100) Fish house units – can include wheel houses.
  2. No habitation of fish houses or wheeled houses during storage.
  3. Must maintain fifty (50) foot natural vegetative buffer beyond the road right-of-way and on east side of the property in order to provide screening during summer leaf on conditions.
  4. Units to be stored must not be located within the fifty (50) foot buffer as indicated in item #3 above.
  5. The Conditional Use Permit terminates upon sale or transfer of the property.

Approved  as Presented  (   ) Approved with Conditions  (X) Denied  (  )

April 12, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit #22-07CU The Guide Shack, LLC.

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-07CU by The Guide Shack, LLC: Part of Government Lot Five (5) being part of Outlot A of Brush Island according to the plat thereof on file in the office of the County Recorder. Parcel ID# 03.51.50.014 in Section Twenty-nine (29), Township One-Hundred Sixty-eight (168) North, Range Thirty-three (33) West. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow commercial use of the property consisting of a short-term transient rental property, in a Rural Residential Zoning District (R2). Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-07CU by The Guide Shack, LLC to allow commercial use of the property consisting of a short-term transient rental property, in a Rural Residential Zoning District (R2) with the following conditions:

  1. Quiet time from 10PM-8AM
  2. Occupancy to be based on septic size to a maximum of 12 people
  3. Rules to be posted: quiet time, capacity limits, stay on property, no tents for additional capacity
  4. Contact information must be provided for complaints, emergencies, and septic
  5. Conditional Use Permit expires on sale of property
  6. Meet all MDH guidelines
  7. Septic system As-built and/or site design to occur by July 31, 2022

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: The Guide Shack, LLC Date:  April 12, 2022

Location/Legal Description:  Part of Government Lot Five (5) being part of Outlot A of Brush Island according to the plat thereof on file in the office of the County Recorder. – Parcel ID# 03.51.50.014 in Section Twenty-nine (29), Township One-Hundred Sixty-eight (168) North, Range Thirty-three (33) West

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow commercial use of the property consisting of a short-term transient rental property, in a Rural Residential Zoning District (R2). Lake of the Woods is a General Development Lake.

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES ( X ) NO (  )  N/A (  )

Why or why not? Recreational use

2. Is the project proposal consistent with maintaining the public health, safety, and welfare? YES ( X )  NO (  )  N/A (  )

Why or why not? No change

  1. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Is the site in harmony with existing and proposed access roads?     YES ( X )  NO (  )  N/A (  )

Why or why not? Lake access only

  1. Is the project proposal compatible with adjacent land uses? YES ( X )  NO (  )  N/A (  )

Why or why not? Residential

9. Does the project proposal have a reasonable need to be in a shoreland location? YES ( X )  NO (  )  N/A (  )

Why or why not? Vacation rental- water oriented

  1. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES ( X )  NO (  )  N/A (  )

Why or why not? Occupancy to be limited to septic inspection

  1. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES ( X )  NO (  )  N/A (  )

Why or why not? No change

  1. Is the site adequate for water supply and on-site sewage treatment systems? YES ( X )  NO (  )  N/A (  )

Why or why not? See #10 for septic – new well adequate 

  1. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES ( X )  NO (  )  N/A (  )

Why or why not? Building a second dock

  1. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

  1. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?

YES (  )  NO ( X )  N/A (  )

Why or why not? Must mark property lines

  1. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 

YES ( X )  NO (  )  N/A (  )

Why or why not? One sign approximately 2’x3’

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:

  1. Quiet hours are from 10PM to 8AM.
  2. Occupancy to be based on septic size to a maximum of 12 people.
  3. Rules to be posted: quiet time, capacity limits, stay on property, no tents for additional capacity.
  4. Contact information must be provided for complaints, emergencies, and septic.
  5. Conditional Use Permit expires on sale or transfer of property.
  6. Meet all MDH guidelines.
  7. Septic system As-built and/or site design to occur by July 31, 2022.

Approved  as Presented  (   ) Approved with Conditions  (X) Denied  (  )

        April 12, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 11:25 am.

Attest: April 26, 2022

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair James “Buck” Nordlof