COMMISSIONER PROCEEDINGS

August 16, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 16, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: NWA Assessing, Lake of the Woods Fair Board, and Phone Stipend for Katy Johnson.

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from July 26, 2022.

Social Services

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $20,827.96; Commissioners Warrants $5,849.35; Commissioners Warrants $16,098.15.

Phone Stipend

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve a phone stipend in the about of $60.00 per month for Katy Johnson effective September 2022.

Auditor/Treasurer

Claims

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $130,111.39; Road & Bridge $228,180.39; County Development $1600.00; Solid Waste $75,295.44; Economic Development $44.56.

Warrants for Publication

Warrants Approved On 8/16/2022 For Payment 8/19/2022

Vendor Name Amount

Cenex Co-Op Services, Inc. 20,583.68

CentralSquare Technologies, LLC 2,066.37

Contech Engineered Solutions LLC 39,208.30

Erickson Timber Products 13,600.00

Fort Distributors Ltd 34,500.00

GM Construction Inc 2,217.98

Hometown Hardware 2,182.68

Howard’s Oil Company 7,880.47

Integris DBA 4,419.30

Lake Area Construction Inc 11,400.00

Larkin Hoffman Attorneys 3,132.25

Lavalla Sand & Gravel Inc 57,690.50

LOW Highway Dept 4,002.00

LOW School District–390 3,000.00

M & J Construction Of Holt, Inc. 60,010.00

Mar-Kit Landfill 18,254.00

Meuser Law Office PA 60,000.00

Naylor Heating & Refrigeration LLC 2,115.57

Northern Light Region 2,409.50

Pennington County Sheriff Office 6,448.93

R & Q Trucking, Inc 3,266.28

SeaChange Print Innovations 7,313.81

T-C Lighting 33,182.50

Voice Products 2,402.00

Wex Bank 2,272.04

87 Payments less than 2000 31,673.62

Final Total   $435,231.78

Further moved to authorize the payment of the following auditor warrants: July 27, 2022 for $14,582.71; August 3, 2022 for $6,959.45; August 9,2022 for ($56.00); August 9,2022 for $268,447.70; August 10,2022 for $113,379.05.

Appointment of Arrowhead Library Board Member

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to appoint Colleen Stanton to the Arrowhead Library Board through December 31, 2023. This appointment would be eligible for three additional 3-year terms.

Election Recount Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Election Recount Agreements for both the primary and general elections and to have the County Auditor/Treasurer sign the same.

Maintenance

Resolution

The Following Resolution was offered by Commissioner Ed Arnesen and moved for adoption:

RECOGNITION OF YEARS OF SERVICE

DENNIS BECKEL

RESOLUTION 2022-08-01

WHEREAS: Dennis Beckel has served Lake of the Woods County since November 28,2005 as Part-time Custodian Maintenance.

WHEREAS: Dennis Beckel has resigned from Lake of the Woods County effective July 23, 2022 with 16 years and 8 months of service.

NOW THEREFORE, BE IT RESOLVED: That the Lake of the Woods County Board of Commissioners extends its deepest appreciation to Dennis Beckel for his dedicated service and best wishes to him;

The resolution was seconded by Commissioner Cody Hasbargen and the same being put to a vote, was unanimously carried. 

Appoint Committee Member

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to appoint County Assessor Alisa Jacobsen to the following committees: Lake of the Woods Affordable Housing/Loan, Solid Waste Committee/Household Waste, Subdivision Controls, Township Road & Trails, Wellness Committee, and Mid-state Co-op. This appointment will replace previous County Assessor Mary Jo Otten.

Northwest Angle Assessing

It was the consensus of the board to approve the County Assessors office to rent a charter boat with a guide, as necessary, to assess the Northwest Angle area.

Emergency Management

2021 EMPG Grant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the 2021 Emergency Management Performance Grant as presented by Emergency Management Director Jill Hasbargen-Olson.

Large Event Ordinance-Event Permit

Emergency Management Director Jill Hasbargen-Olson explained the need for a large event ordinance that would require a permit for events of 500 or more attendees. The ordinance would ensure that a staff of Emergency Personnel would be available for such events. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Cody Hasbargen and carried unanimously to set a date for the Ordinance Committee to meet September 6, 2022 at 9:00 a.m. to discuss and start the process for a large event ordinance.

Water Update

Emergency Management Director Jill Hasbargen-Olson gave an update of the flood efforts that included: Sandbagger Machines and Clean-up.

Public Works

Permission to Hire

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve to hire a Solid Waste employee to fill a recently vacant position.

Permission to Hire

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to hire Kraig Stokke for the Solid Waste Processor position at Grade 11, Step 1, 21.68 per hour, 265 points effective August 3, 2022. 

Phone Stipend

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a phone stipend in the amount of $60.00 per month for Solid Waste Processor Kraig Stokke effective September 2022.

Permission to Advertise Interview & Hire

Temporary Heavy Equipment Operator

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to Advertise, Interview, & Hire for a Temporary Heavy Equipment Operator at Grade 11, Step 1, at 265 points.

Updates

County Engineer Anthony Pirkl gave an update on various projects and a Public Hearing was set for September 28, 2022 at 6:00p.m. to discuss the road construction projects in the Birch Beach and Sandy Shores area.

Recess

A brief recess took place at 9:50 a.m. and reconvened at 10:00 a.m.

Land & Water

Land and Water Director Josh Stromlund met with the Board of Commissioners and presented the following Findings of Fact/Conditional Use Permits.

Consideration of Zone Change #22-01ZC by Jennice Hayden

Southwest quarter (1/4) of the Northeast quarter (1/4) in Section Seven (7), Township One-hundred sixty-seven (167) North, Range Thirty-three (33) West- Parcel ID#06.07.13.000. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to Deny the following Findings of Fact/Conditional Use Permit #22-01ZC for Jennice Hayden as recommended by the Lake of the Woods County Planning Commission.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	Jennice Hayden	Date:	August 16, 2022
Location/Legal Description:	SW¼NE¼ Section 7, T. 167N, R. 33W
Current Zoning Classification:	Special Protection (SP)	Proposed:	Rural Residential (R2)
Parcel Number(s):	06.07.13.000	Application Number:	22-01ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

___Yes X  No

Comments:	No plan submitted

2. Are the existing surrounding land uses consistent with the proposed zoning classification?

  X  Yes ___No

Comments:	No change

3. Will the zone change alter the characteristics of the neighborhood?

___Yes X  No

Comments:	No change

4. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes X  No

Comments:	No change

5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes X  No

Comments:	None

6. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes X  No

Comments:	No change

7. Has there been a change in the development in the general area of the property in questions?

___Yes X  No

Comments:	No change

8. Will the zone change have a negative effect on property values in the neighborhood?

___Yes X  No

Comments:	No change

Conditions:

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

August 16, 2022 _____________________________________

         Date James Nordlof

Chairman, Lake of the Woods County Board

Consideration of Zone Change #22-02ZC by Jennice Hayden

Southeast quarter (1/4) of the Northwest quarter (1/4) in Section Seven (7), Township One-hundred sixty-seven (167) North, Range Thirty-three (33) West- Parcel ID#06.07.24.000. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to Deny the following Findings of Fact/Conditional Use Permit #22-02ZC for Jennice Hayden as recommended by the Lake of the Woods County Planning Commission.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	Jennice Hayden	Date:	August 16, 2022
Location/Legal Description:	SE¼NW¼ Section 7, T. 167N, R. 33W
Current Zoning Classification:	Special Protection (SP)	Proposed:	Rural Residential (R2)
Parcel Number(s):	06.07.24.000	Application Number:	22-02ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

___Yes X  No

Comments:	No plan for the property submitted

2. Are the existing surrounding land uses consistent with the proposed zoning classification?

  X  Yes ___No

Comments:	No change

3. Will the zone change alter the characteristics of the neighborhood?

___Yes X  No

Comments:	No change

4. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes X  No

Comments:	No change

5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes X  No

Comments:	None

6. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes X  No

Comments:	No change

7. Has there been a change in the development in the general area of the property in questions?

___Yes X  No

Comments:	No change

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes X  No

Comments:	No change

Conditions:

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

August 16, 2022 ______ _______________________________

Date James Nordlof

Chairman, Lake of the Woods County Board

Consideration of Zone Change #22-03ZC by Jennice Hayden

Southwest quarter (1/4) of the Northwest quarter (1/4) in Section Seven (7), Township One-hundred sixty-seven (167) North, Range Thirty-three (33) West- Parcel ID#06.07.23.000. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes. 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-03ZC for Jennice Hayden to approve the request for an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206 with conditions. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes. 

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	Jennice Hayden	Date:	August 16, 2022
Location/Legal Description:	SW¼NW¼ Section 7, T. 167N, R. 33W
Current Zoning Classification:	Special Protection (SP)	Proposed:	Rural Residential (R2)
Parcel Number(s):	06.07.23.000	Application Number:	22-03ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

8. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

  X Yes ___No

Comments:	Recreational use

9. Are the existing surrounding land uses consistent with the proposed zoning classification?

X Yes ___No

Comments:	Mostly state land and tribal land

10. Will the zone change alter the characteristics of the neighborhood?

___Yes X  No

Comments:	Limited residential use

11. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes X  No

Comments:	No change

12. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes X  No

Comments:	None

13. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes X  No

Comments:	No change

14. Has there been a change in the development in the general area of the property in questions?

___Yes X  No

Comments:	None

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes X  No

Comments:	No change

Conditions:	All buildings must follow all property setbacks
Any septic system must be approved

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

August 16, 2022 ______ _______________________________

Date James Nordlof

Chairman, Lake of the Woods County Board

Consideration of Zone Change #22-04ZC by Nels Holte

Government Lot Three (3) Section Seventeen (17), Township One-hundred Sixty-two North (162), Range Thirty-two (32) with Parcel ID #19.17.24.010. Applicant is requesting and amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of continued development of the property.

Motion 

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-04ZC for Nels Holte to approve the amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206 with conditions. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of continued development of the property.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	Nels Holte	Date:	August 16, 2022
Location/Legal Description:	Government Lot 3 Section 17, T. 162N, R. 32W
Current Zoning Classification:	Special Protection (SP)	Proposed:	Rural Residential (R2)
Parcel Number(s):	19.17.24.010	Application Number:	22-04ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

15. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

 X  Yes ___No

Comments:	Currently residential

16. Are the existing surrounding land uses consistent with the proposed zoning classification?

 X  Yes ___No

Comments:	Additional residential in area

17. Will the zone change alter the characteristics of the neighborhood?

___Yes X  No

Comments:	No change

18. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes X  No

Comments:	No change

19. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes X  No

Comments:	No change

20. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes X  No

Comments:	No change

21. Has there been a change in the development in the general area of the property in questions?

___Yes X  No

Comments:	No change

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes X  No

Comments:	No change

Conditions:	Homeowner should consider the following items:
A permanent ring dike to encircle structure and septic system. It may be reinforced with rip rap
Repair rip rap along shoreline.
Consider construction of breakwater to reduce wave energy.

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

August 16, 2022 ______ _______________________________

Date James Nordlof

Chairman, Lake of the Woods County Board

Lake of the Woods County Fair Board

Lake of the Woods County Fair Board members J.P. Sweet and Rob Hruby came to the board to formally thank them for their donation to the fair and to give an update on the fairgrounds and plans for the centennial fair next year.

RECESS

With no further business before the Board, Vice-Chair Ed Arnesen called the meeting to recess at 10:36 a.m.

Attest: August 30, 2022

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Vice-Chair Ed Arnesen