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COUNTY BOARD

April, 2007

Lake of the Woods County Commissioners’

Ordinance Workshop

April 4, 2007

The Lake of the Woods County Board met for an Ordinance Workshop on Wednesday. April 4, 2007, in the Commissioners’ Room in the Government Center, with the following members present:  Commissioner Bredeson, Arnesen, Moorman, Todd Beckel and Patty Beckel.  Chairman Todd Beckel called the workshop to order at 8:00 a.m.

Motion by Commissioner Arnesen to approve the agenda with the following additions:  closing of county, catastrophic illness donation request and cormorant discussion. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.  

Motion by Commissioner Moorman to close the Government Center from 10:00 a.m. to 1:00 p.m.,on April, 9  2007, except for essential departments, so the staff can attend Jeff Stephani’s funeral and that all employees, essential and non-essential, will get their regular pay whether they attend Jeff Stephani’s funeral or not.  Overtime pay will be paid according to the Fair Labor Standards Act and Lake of the Woods County Personal Policy.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to approve ten (10) days of donation of vacation for Catastrophic Illness.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Land and Water Planning Director, Josh Stromlund, met with the board to conduct the Ordinance Workshop with the board.

The board discussed with no action the Cormorant Issues that face Lake of the Woods.

With no further business before the Board, Chairman Todd Beckel called the Workshop closed  at 1:12 p.m.

Attest:                                                             Approved:  April 10, 2007

________________________________        ____________________________________

Janet E. Rudd, Deputy Auditor             Todd Beckel, Chairman of the Board

Commissioner Proceedings

April 10, 2007

The Lake of the Woods County Board met in regular session on Tuesday, April 10, 2007, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Patty Beckel, Moorman, Arnesen, Todd Beckel and Bredeson.   Also present was County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd and John Oren. Chairman Todd Beckel called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance.

Motion by Commissioner Bredeson to approve the agenda with the following additions:  Affidavits of lost warrants, Calcium Chloride, Meet and Greet Meeting on April 17, Cell Phones and NWA meeting. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the consent agenda as follows: Travel for Robyn Sonstegard on May 9 to St. Cloud for SSIS Fiscal Meeting, May 10 to Brainerd for Regional Meeting and June 26-29 to Brainerd for the AMSSA Conference; Marti Carlson on May 9-11 to St. Cloud for MN County Highway Accountants Assoc. Annual Conference and Philip Miller on April 20 to St. Paul for MN County Attorney’s Association Board of Director’s Meeting. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the March 27 and April 4, 2007 minutes.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Social Services Director, Nancy Wendler met with the board to request approval of claims and authorization to move forward with the Outpatient/Aftercare Chemical Dependency Treatment Program RFP.

Motion by Commissioner Arnesen to approve the claims against the county:

Commissioner warrants $25,966.82

Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to authorize Social Service Director, Nancy Wendler to proceed with the request for proposal (RFP) Outpatient/Aftercare Chemical Dependency Treatment Program for Lake of the Woods County.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the application and affidavit for lost warrants for Albert Brecke, dated March 14, 2007, for $206.56 and March 28, 2007 for $48.44 without furnishing an indemnifying bond.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Colleen Oestreich, GIZIIBII RC&D Coordinator met with the board to review the 2006 Annual Report.

County Auditor, John W. Hoscheid met with the board to request approval for claims, a Lease for Lawful Gambling and to discuss the Government Center North Windows.

Motion by Commissioner Bredeson to approve the claims against the county as follows:

                                                Revenue                       $  45,586.83

                                                Road & Bridge $  18,950.66

                                                Solid Waste                  $   21,433.65

                                                                                    $  85,971.14

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  4/10/2007 FOR PAYMENT  4/13/2007

       AMOUNT   VENDOR NAME                                                   AMOUNT   VENDOR NAME

          464.53 AMERI PRIDE LINEN & APPAREL SE                            347.47 AMERICAN SOLUTIONS FOR BUSINES

        1786.15 ANDY’S GARAGE, INC.                                               341.10 AUTO VALUE

          415.00 BAUERS COMMUNICATIONS & SECURI                    1785.29 BERT’S TRUCK EQUIPMENT OF MOOR

          993.42 BLACK BOX CORPORATION                                      308.21 CANON FINANCIAL SERVICES

        2465.83 CO-OP SERVICES, INC.                                           13181.55 CPS TECHNOLOGY SOLUTIONS

          330.11 CREATIVE FORMS & CONCEPTS INC                          511.80 TONY CROW

        1191.16 CROWNE PLAZA RIVERFRONT                                  493.84 CUSTOM AUTOBODY AND REPAIR

          382.82 DEAN’S HARDWARE                                                 1421.92 DELL MARKETING, LP

          485.00 GOVERNMENT TRAINING SERVICES                        1693.59 HOLTE IMPLEMENT, INC

        2986.15 HOWARD’S OIL COMPANY                                         304.43 HSBC BUSINESS SOLUTIONS

          727.54 INSIGHT PUBLIC SECTOR                                          2993.55 KEEPRS, INC – CY’S UNIFORMS

          591.99 LAKE OF THE WOODS FOODS                                 4354.43 LAKES GAS CO.

          436.50 LAKEWOOD HEALTH CENTER                                  3662.50 LOW HIGHWAY DEPT

          480.00 LOW TRANSFER INC                                                 9211.95 MAR-KIT LANDFILL

          911.09 SCOTT MCKAY                                                         4651.50 MN COUNTIES COMPUTER CO-OP

        2500.00 MN MUNICIPAL UTILITIES ASSOC                               300.00 MN OFFICE OF ENTERPRISE TECHNO

          450.00 MN POST BOARD                                                        910.51 JEROME MOLINE

          440.51 KENNETH MOORMAN                                                  684.03 THE NORTHERN LIGHT

        2493.69 NORTHWEST ANGLE&ISLAND FREIGHT                  1128.70 LESLIE PULLAR

          898.56 R & Q TRUCKING, INC                                               2000.00 RESERVE ACCOUNT

        1035.29 RODERICK RONE JR                                                  1750.00 SJOBERG’S INC

          489.90 JIM THOMPSON BOAT CANVAS                              2217.22 TONY DORN, INC.

          702.77 US FOOD SERVICE                                                   2640.00 VOYAGEURS COMTRONICS, INC

44 PAYMENTS LESS THAN  $300       5,419.54

FINAL TOTAL     $85,971.14

Further moved to authorize the payment of auditor’s warrants as follows:

                                                March 28, 2007           $  20,642.12

                                                March 31, 2007           $105,768.72

                                                April     5, 2007            $  45,973.05

Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to authorize Maintenance Supervisor, Matt Mickelson to hire a contractor to remove three windows from the Government Center North Building , have Marvin Windows measure for correct sizing of  windows and to assist in determining the replacement cost of the rest of the windows at the Government Center North Building.  Seconded by Commissioner Bredeson and the vote carried as follows:  Voting yes:  Commissioners Bredeson, Arnesen, Moorman and Patty Beckel.  Voting no:  Commissioner Todd Beckel.

Arvid Jaranson, representing Take-A-Kid Fishing Committee met with the board requesting funds for the 10th annual Take-A-Kid Fishing, which will be held on June 20, 2007.

Motion by Commissioner Patty Beckel to donate $600.00 as budgeted from the Economic Development fund.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Janice Nelson, representing Lake of the Woods Women of Today met with the board requesting funds for the Willie Walleye Day that will be held on June 2, 2007.

Motion by Commissioner Todd Beckel to donate $500.00 as budgeted from the Cultural Recreation Fund. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Wyatt Johnson, newly hired Director of the Office of the Economic Development, met with the board to  introduce himself, and to present a brief update of the office.

The meeting was called to recess at 10:24 a.m. and reconvened at 10:30 a.m. as follows:

Public Works Director, Bruce Hasbargen introduced newly hired permanent/part-time office assistant Jodi Bauer to the board, discussed the construction of the Salt/Sand Storage Shed, presented the Solid Waste Ordinance section review and the Calcium Chloride application request at the NWA.

The board discussed the construction of the Salt/Sand Storage Shed and requested Bruce do research for alternative funding and other types of structural designs. The Solid Waste Ordinance discussion was moved to a different meeting due to lack of time allocated.  Bruce informed the board that the Manitoba Transportation Department would charge Lake of the Woods County approximately $3,000 per mile to apply Calcium Chloride on the 10-miles of Canadian roadway to the Northwest Angle; Lastly Bruce informed the board of a major break down on the excavator.

County Surveyor, Donn Rasmussen met with the board to discuss a survey issue west of Clementson. The board directed Donn to get an estimate to locate and survey the occupation lines in Government Lot 5, Section 12, Gudrid Township and to prepare a drawing showing the discrepancies between the deed lines and the occupied lines.

Motion by Commissioner Arnesen to go into closed session at 11:30 a.m. pursuant Minn. Stat. § 13D.05, Subd. 3 (b), Attorney-Client Privilege, to discuss settlement options from the Chuck Larsen Hearing. Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.  The following were present:  County Attorney Philip Miller, Commissioners Arnesen, Bredeson, Todd Beckel, Patty Beckel and Moorman.

The meeting was called to open session at 11:40 a.m.

Motion by Commissioner Bredeson to go into closed session at 11:44 a.m. pursuant Minn. Stat. §13D.05, Subd. 3(d), security briefing and report. Seconded by Commissioner Arnesen and  the same being put to a vote was unanimously carried.  The following were present:  County Sheriff Dallas Block, Commissioners Arnesen, Bredeson, Todd Beckel, Patty Beckel and Moorman.

The meeting was called to open session at 12:04 p.m., was called to recess at 12:05 p.m., and reconvened at 1:04 p.m.

Chairman Todd Beckel closed the meeting at 1:05 p.m. and as advertised opened the Planning Commission.

Kim Barsness               Lot 6, Block 1, Rainy River Retreat                  A Conditional Use                                            Section 24, T-162N, R-32 W                          Permit as required by

                                                                                                            the Lake of the

                                                                                                            Woods County                                                                                                                         Zoning Ordinance, to

                                                                                                            allow a commercial

                                                                                                            business consisting of

                                                                                                            bait shop to expand

                                                                                                            onto an adjoining

                                                                                                            lot that is zoned as a

                                                                                                            Residential                                                                                                                                Development District.

Land and Water Planning Director, Josh Stromlund presented the application for a conditional use permit requested by Kim Barsness.  No comments where heard from the floor and no letters were received.

The Planning Commission was closed at 1:18 p.m. and the meeting reconvened as follows:

Josh went over the ISTS proposed changes with the board.

County Auditor, John W. Hoscheid requested approval for the Lease for Lawful Gambling for the Baudette Arena Association.

The following Resolution was proposed by Commissioner Patty Beckel and moved for adoption:

A Resolution Approving a Lease for Lawful Gambling Activity

Resolution No. 2007-04-01

WHEREAS, the Baudette Arena Association has submitted a lease for lawful gambling activity for Minnesota lawful gambling to be conducted at  the following establishment: Oak Harbor Golf Course at 2805 24th St., Baudette, located in the township of Wabanica, in Lake of the Woods County.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approve said application for submission to the Minnesota Gambling Control Board.

Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

The Commissioners discussed the Lake of the Woods County Commissioners’ Meeting dates.

Motion by Commissioner Bredeson to clarify that the Northwest Angle Meetings, that were set on January 2, 2007 are special meetings, not regular scheduled meetings.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

County Board Meeting Dates:

County Board meetings are held on the second and fourth Tuesdays of each month at 9:00 a.m. in the Commissioners’ Room of the County Government Center in Baudette, Minnesota unless otherwise noted below:

Below are the dates and times of the regular County Board meetings for 2007:

DATE                         TIME                                      DATE                         TIME

January 9, 2007              9:00 a.m.                                July 10, 2007               9:00 a.m.

January 23, 2007            9:00 a.m.                                July 24, 2007               9:00 a.m.

February 13, 2007         9:00 a.m.                               

February 27, 2007         9:00 a.m.                                August 14, 2007           9:00 a.m.

(Lake of the Woods School)                                                                            

                                                                                    *August 21, 2007         10:00 a.m.

                                                                                    (NWA)

                                                                                    August 28, 2007           9:00 a.m.

March  13,   2007        9:00 a.m.                                 September 11, 2007     6:00 p.m.

*March  20,   2007      10:00 a.m.                                September 25, 2007     9:00 a.m.

(NWA)

March 27,    2007        9:00 a.m.                                            

April 10,      2007         9:00 a.m.                                 October  9, 2007         9:00 a.m.

April 24,     2007          9:00 a.m.                                 October 23, 2007        9:00 a.m.

May 8,       2007          9:00 a.m.                                 November 13, 2007     9:00 a.m.

May 22, 2007              9:00 a.m.                                 November 27, 2007     9:00 a.m.

June 12, 2007              9:00 a.m.                                 December 11, 2007     9:00 a.m.

June 26, 2007              9:00 a.m.                                 December 18  2007     9:00 a.m.

                                                                                    December 31, 2007     9:00 a.m. 

*Special Meetings

The Commissioners requested that Deputy Auditor, Dale Boretski: Land and Water Panning Director, Josh Stromlund; Public Works Director, Bruce Hasbargen; County Assessor, Wayne Bendickson; Emergency Management Director, Holly House; County Sheriff, Dallas Block and County Auditor, John W. Hoscheid  attend the Meet and Greet meeting with the Department of Natural Resources on April 17, 2007 from 10:00 a.m. to 12:00 p.m.

Commissioners Patty Beckel and Bredeson reported to the board on the Department Heads Meeting held on April 5, 2007.  Overnight Travel/Training approvals were discussed. The consensus was that each department has a board approved budget, and that department heads are entrusted with managing their departments, it should be unnecessary to obtain approval for overnight travel and training prior to the event. The consensus of the board was this is used as a communication tool and they still want all departments to continue to using the consent agenda for overnight travel; On a matter regarding the employee parking lot, it was suggested  “Reserved” or “Staff Parking” signs be placed to address peak hour conditions when court is in session and/or meetings are being held.   No board action was taken.

The board discussed the Leadership Training session.  The tentative date has been set for June 19 & 20, 2007 at the Ambulance Garage.

Commissioner Todd Beckel discussed the LUP land payments.

With no further business with the board, Chairman Todd Beckel called the meeting to recess at 2:35 p.m.

Attest:                                                              Approved:  April 24, 2007

_____________________________              ___________________________________

John W. Hoscheid, County Auditor                   Todd Beckel, Chairman of the Board

Commissioner Proceedings

April 24, 2007

The Lake of the Woods County Board met in regular session on Tuesday, April 24, 2007, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Patty Beckel, Moorman, Arnesen, Todd Beckel and Bredeson.   Also present was County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren. Chairman Todd Beckel called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance.

Motion by Commissioner Bredeson to approve the agenda with the following additions:  Travel for Rita Krause to St. Cloud on May 2-3, North West Board of Aging, Consolidated Conservation Lands and Compensation Time. Remove Motion for Calcium Chloride from the agenda. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the consent agenda as follows: Travel for  Bruce Hasbargen to Bloomington on June 20-22 for the 2007 Summer Conference of Minnesota County Engineers Association; Rita Krause to St. Cloud on May 2-3 for Child Support Meeting. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the April 10, 2007 minutes.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Social Services Director, Nancy Wendler met with the board to request approval of claims.

Motion by Commissioner Arnesen to approve the claims against the county:

Commissioner warrants $34,396.27

Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Emergency Manager, Holly House met with the board and discussed the Joint Powers Agreement with the North West Region of Homeland Security Emergency Management (HSEM).  Holly explained that County Attorney Phillip Miller viewed the Joint Powers Agreement with some changes to be made before the county enters into the agreement.  The consensus of the board was for Holly to go forward with the preliminary process to enter into the Joint Powers Agreement.

County Auditor, John W. Hoscheid met with the board to request approval for claims, a Resolution of support for North West Community Action Family Homeless Prevention and Assistance Program, Resolution for Forfeited City Land and first quarter Revenue/Expenditures for 2007.

.

Motion by Commissioner Bredeson to approve the claims against the county as follows:

                                                Revenue                       $   13,929.83

                                                Road & Bridge $     5,523.50

                                                Co. Development         $     1,604.00

                                                Forfeited Tax                $        154.00

                                                Solid Waste                  $   74,920.20

                                                                                    $   96,131.53

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  4/24/2007 FOR PAYMENT  4/27/2007

        AMOUNT   VENDOR NAME                                                  AMOUNT   VENDOR NAME

          384.00 BAUDETTE BUILDERS, INC                                        1730.13 CO-OP SERVICES, INC.

          600.00 ROBERT COOK                                                           662.03 GLOBALSTAR LLC

        2845.00 HOFFMAN, DALE, & SWENSON, PLLC                     1034.00 LOW COUNTY TREASURER

          467.34 MARIO’S AUTO BODY SHOP                                      509.06 SCOTT MCKAY

          340.00 MN STATE – DEPT OF PUBLIC SAFE                           433.75 MORT’S HEATING INC

      73540.71 NORTHWEST MECHANICAL SERVICE I                       428.89 PUBLIC SAFETY CENTER, INC

        1128.70 LESLIE PULLAR                                                           357.80 QUILL CORPORATION

          860.91 RODERICK RONE JR                                                    515.08 WEST GROUP

        4096.00 WIDSETH SMITH NOLTING&ASST INC                      2596.13 WOODY’S SERVICE

29 PAYMENTS LESS THAN  $300       3,602.00

FINAL TOTAL     $96,131.53

Further moved to authorize the payment of auditor’s warrants as follows:

                                                April 10, 2007              $  93,307.70

                                                April 10, 2007              $       587.15

                                                April 18, 2007              $  29,270.29

Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

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

RESOLUTION AUTHORIZING ADMINISTRATION OF THE MINNESOTA

HOUSING FINANCE AGENCY’S

FAMILY HOMELESS PREVENTION AND ASSISTANCE PROGRAM

                                                RESOLUTION NO. 07-04-02

WHEREAS, the need for homeless prevention and assistance exists in Lake of the Woods County; and

WHEREAS, Tri-Valley Opportunity Council, Inc. desires to administer the Minnesota Housing Finance Agency’s Family Homeless Prevention and Assistance Program in Lake of the Woods County in accordance with all applicable State and Federal regulations; and

WHEREAS, in order to administer the Minnesota Housing Finance Agency’s Family Homeless Prevention and Assistance Program in Lake of the Woods County, it is necessary for Tri-Valley Opportunity Council, Inc. to file a resolution of approval executed by the Lake of the Woods County Board of Commissioners with the Minnesota Housing Finance Agency  and authorize Chairman Todd Beckel and County Auditor, John W. Hoscheid to sign.

NOW THEREFORE BE IT RESOLVED, that Tri-Valley Opportunity Council, Inc. is hereby authorized to:

  1. Submit a proposal to the Minnesota Housing Finance Agency for funds from the Family Homeless Prevention and Assistance Program to assist people in Lake of the Woods County;
  2. Administer the Family Homeless Prevention and Assistance Program in Lake of the Woods County, according to the program guidelines, contingent upon funding being granted.

Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

The board reviewed the 2007 Revenue/Expenditure first quarter report.

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

Resolution No. 07-04-03

WHEREAS, the county board of commissioners of the county of Lake of the Woods, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for nonpayment of taxes; and,

WHEREAS, said parcels of land have been viewed by the county board of commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01.

NOW, THEREFORE, BE IT RESOLVED that the Lake of the Woods county board of commissioners hereby certifies that all parcels of land on the attached list have been viewed and comply with the provisions of Minnesota Statutes 85.012, 92.461, 282.01, Subd. 8 and 282.018 and the 1991 Laws of Minnesota, Chapter 354, Article 10, Section 9, amending M.S. Section 282.018, Subd. 2 (1990).  The county board of commissioners hereby certifies that the soil and water conservation district of Lake of the Woods County has reviewed the following land sale list and identified any and all non-forested marginal and wetlands.

BE IT FURTHER RESOLVED that the Lake of the Woods county board of commissioners hereby requests approval from the Minnesota Department of Natural Resources for the sale of said lands.

total

                                                                                                                         APPRAISED     DESCRIPTION                   SEC   TWP   RNG      LAND    TIMBER     VALUE

  1. Lot 007, Block 002                                                    $3,000  +  $       0   =  $  3,000.00
  2. Lot 008, Block 002                                                    $1,700  +  $       0   =    $ 1,700.00

First Addition to East Beaudette according to the plat of record.

Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

The board discussed correspondence from the Association of Minnesota Counties  informing counties of the cost savings by purchasing through the U.S. Communities Government Purchasing Alliance. The board requested that this be brought to the department heads for their input on using this vendor for purchases.

Lee Hervey, from Voyageurs Comtronics met with the board and discussed the Digital Television (DTV) that Congress passed setting February 17, 2009 as the deadline for the DTV transition.  The reason for switching from analog to DTV is for improved picture and sound quality. This will also free up areas of the broadcast spectrum for public safety (like the fire/ police departments, and emergency rescue) as well as other valuable uses. Since Lake of the Woods County provides local TV to the area, and with passage of  the new law requiring DTV, the county will have to upgrade with new equipment for the translators to be able to pick up the digital signals which will bring 12 Channels verses the 3 Channels now available or not offer local TV in the area.

Public Works Assistant Engineer, Bill Sindelir met with the board along with Public Works Staff Jeff Pelland, Lee Hancock, Craig Slick, Bob Peterson, Todd Fadness and Mike Anderson. Jeff informed the board that Ottertail County could not be reached before the meeting to get a price on the Norstar injector spray unit and requested this to be discussed at later meeting.  Jeff briefed the board on the Decatur, Illinois Caterpillar trip and informed the board that the backhoe has been fixed. 

Land and Water Planning Director, Josh Stromlund met with the board and discussed the consideration of approval for Kim Barness Conditional Use requesting to expand a commercial business consisting of a bait shop onto an adjoining lot that is zoned as a Residential Development District. Proposed project description was discussed with the Board. Items of discussion included the reason for the request because of the proposed minnow regulations that will be going in effect as a result of the spiny water flee being present in the Rainy Basin. In addition, the septic tank location is not available at this time and in order to meet the required setback of 10 feet, the proposed addition of 18’X18′  (actual size is 256 square feet) had a ”jog” in it to meet this requirement. Discussion on the size of the addition ensued. The consensus of the Board was that in order to meet the septic tank setback an addition of not to exceed 400 square feet should be adequate for extra storage and the minnow tanks and the dimension of the addition left up to the landowner. Josh then went through the Findings and Facts:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:   Kim Barsness (Border Bait Co.)     Date:   April 24, 2007

Project Proposal:   Applicant is requesting to allow a commercial business consisting of a bait shop to expand onto an adjoining lot that is zoned as a Residential Development District.

  1. Is the requested use consistent with maintaining the public health, safety, and welfare?

                                                                                                            YES (X)  NO (  )

Why or why not?  Proposal will not generate waste, consistent with surrounding land uses, is attached to current business, and no increase in traffic.

2. Is the requested use consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                                                                                                            YES (X) NO (  )

Why or why not?  Project will not have any bearing on water pollution.

3. Will the requested use not adversely affect the site’s existing topography, drainage features, and vegetative cover?                            YES (X)  NO (  )

Why or why not?  The project will have minimal effect on the existing topography, drainage features, and vegetative cover.

4. Is the requested use’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries?                                                                                                                                                                         Yes(X)  NO( )

Why or why not?  Project is not located in the floodplain or within the shoreland area.     

5. 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 requested use?

                                                                                                             YES (X)  NO (  )

Why or why not?  The site is not an erosion problem because of the flat topography and type of project proposal.

6. Is the site in harmony with existing and proposed access roads?        

                                                                                                            YES (X)  NO (  )

Why or why not?  The project has no relationship to access roads.  However, the existing business is adjacent to Highway 172 and Pickerel Trail.

7. Is the requested use compatible with adjacent land uses?

                  YES (X)  NO (  )

Why or why not?  The proposed project will be attached to current business.  Adjacent lot to the West has business and located in the Resort Area of the County.

8. Does the requested use have a reasonable need to be in a shoreland location?

                                                                                                             YES (  )  NO (  )

Why or why not?  Not applicable.  The project area is not located within a shoreland area.

9.  Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate such?                                                                                                                                 YES (X)  NO (  )

Why or why not?  The project will not increase the amount of waste generated.  Also, the project is located within the Wheeler’s Point Sanitary District.

10. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance or Section 5.3 of the Rainy/Rapid Rivers Shoreland Ordinance?                                                                                                                                                                      YES (  )  NO (  )

Why or why not?  Not applicable.  Project is not located within a shoreland area.

11. Is the site adequate for water supply and on-site sewage treatment systems?

                                                                                                              YES (X)  NO (  )

Why or why not?  The site already has a water supply and a septic system.  Also, the project site falls within the Wheeler’s Point Sanitary District.       

12. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the use will generate?                                                                                                                        YES (  )  NO (  )

Why or why not?  Not applicable.  Project is not located within a shoreland area.

If all the applicable answers to the Findings of Fact Criteria are “Yes” 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:  Addition to structure not to exceed 400 square feet in size.

Approved  (X)       Denied  (  )

This is in accordance with Section 1104 of the Lake of the Woods Zoning Ordinance or Section 3.4 of the Rainy/Rapid Rivers Shoreland Ordinance.

Motion by Commissioner Patty Beckel to approve the Conditional Use Permit for Kim Barsness with the condition of the addition not to exceed 400 square foot in size.

Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Josh discussed the continuation of the HDR Study “Lake of the Woods County Bostic Creek Flooding and Sediment Source Investigation and Sediment Reduction Study” which was completed in June 2005.  The focus of the study will be to reduce the ditch, stream bank erosion, and reduce sedimentation. Josh explained the Plan of Action of the Data Acquisition, which will include the survey work and field portion-the stretch of the Bostic, including the channelized portion between County Road 8 and County Road 4 will be surveyed.  Data will be gathered to provide a topographic survey of the area.

The consensus of the Board was to have Josh move forward with the Data Acquisition of the Bostic Creek area.

The meeting was called to recess at 12:00 p.m. and reconvened at 1:05 p.m. as follows:

The board discussed the “Meet and Greet” meeting with the DNR Regional Managers on April 17, 2007. The Commissioners will review the topics of concerns and bring their topics later.

Commissioner Moorman discussed a letter he received from the North West Board of Aging.  He notified the board that they maybe requesting funding in the upcoming future.

Commissioner Todd Beckel discussed a letter the DNR sent Chief Judge Krause requesting a rules hearing for determining drainage benefits to state-owned lands in Consolidated Conservation (Con-Con) areas which are found in parts of Aitkin, Beltrami, Koochiching, Lake of the Woods, Mahnomen, Marshall and Roseau counties. Commissioner Todd Beckel explained that since 1984, in Con Con Areas in NW MN, there has been an ongoing disagreement between County government and the Minnesota DNR regarding payment of Ditch Tax Assessments.  In 1993, after court action, settlements on all accounts were made by the State.  Since that time, all assessments owed to these ditch systems have gone “unpaid” by the DNR with now close to $3,000,000 owed to neighboring counties.

The board discussed the following with no action:  compensation time, airport fuel truck, DOT meeting, Mar-kit meeting Arrowhead Library budget and the Leadership Training.

With no further business before the board, Chairman Todd Beckel called the meeting to recess at 2:22 p.m.

Attest:                                                                          Approved:        May 8, 2007

______________________________                        ______________________________

John W. Hoscheid, County Auditor                               Todd Beckel, Chairman of the Board