October 10, 2023

October 10, 2023

The Lake of The Woods County Board of Commissioners met in regular session on October 10, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changed: Add: Block Grant Approval

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of September 26, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $30,948.04; Commissioners Warrants $3,431.75; Commissioners Warrants $4,284.57.

MFIP Biennial Service Agreement for 2024-25

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the 2024-2025 County Minnesota Family Investment Program (MFIP) Biennial Service Agreement.

Public Works

Updates

County Engineer Anthony Pirkl gave a brief update on various Highway and Landfill Projects.

Frontier Precision Purchase

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Frontier Precision purchase in the amount of $7,468 to be paid for by SWCD.

Pine Island Barrier Study

County Engineer Anthony Pirkl gave an update on the Pine Island Barrier Study and informed the board that the $21,500.00 previously set aside and approved out of ARPA funds will be used for this project.

Auction Items

County Engineer Anthony Pirkl requested approval from the board to auction various items in a sealed bid newspaper auction.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the request to hold a sealed bid newspaper auction.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $59,457.30; Road & Bridge $101,577.92; Solid Waste $34,612.54.

 WARRANTS FOR PUBLICATION

                              Warrants Approved On 10/10/2023 For Payment 10/13/2023

Vendor Name Amount

Accurate HD Ltd. 4,878.00

Cenex Co-Op Services, Inc. 2,574.38

Farmers Union Oil company 3,250.51

Frontier Precision Inc 7,468.36

Howard’s Oil Company 6,418.87

Integris LLC 2,161.28

Justin C. Reitmeier 35,750.00

LOW Highway Dept 6,386.77

Mar-Kit Landfill 15,307.50

Marco Technologies LLC 3,303.49

Moren/Law Offices Of Patrick D 8,803.60

R & Q Trucking, Inc 6,110.00

Sir Lines-A-Lot, LLC 42,438.28

Titan Energy Systems, Inc 3,079.92

True North Equipment Co 12,236.73

University Of Mn 14,752.69

50 Payments less than 2000 20,727.38

Final Total: 195,647.76                           

Further moved to authorize the payment of the following auditor warrants: September 27, 2023 for $1,532,671.66; September 29,2023 for $258,557.60; September 29, 2023 for ($1.00); October 4, 2023 for $206,912.70; October 5, 2023 for $274,405.53; October 5, 2023 for ($1,450.10).

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for Maintenance for October 24, 2023 following the regular board meeting.

Purchase Approval- Lawnmower

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of a John Deere lawnmower in the amount of $12,236.73 to be paid for out of ARPA funds.

Approval of Flu Shots

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve Lakewood Health to administer the flu vaccine to county employees at the Lake of the Woods County Government Center. 

Human Resources

Accept Resignation

Human Resources Director Savanna Slick informed the board that the county received a resignation notice from Assessment Technician Emily Brandt effective December 15, 2023. 

Approve Interim Assessment Technician

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve Christie Russel as interim Assessment Technician in addition to her current position in the Recorder’s office for six months with a monthly stipend of $1,000.00 effective October 10, 2023 and ending April 10, 2024.

Permission to Advertise, Interview, & Hire

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the request to Advertise, Interview, & Hire for a position in the Assessor’s office.

Joining the Meeting

Chair Ed Arnesen joined the meeting at 9:30a.m.

HRA Loan Program

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to give $40,000.00 from ARPA funds to the HRA Loan Program.

Land & Water

Block Grant Approval

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the electronic signature of the Block Grant in the amount of 195,681.00.

Consideration of Conditional Use Permit Application #23-15CU by Dennis Braaten and James Frohreich

Tracts in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel ID#19.17.23.020 and 19.17.23.010. Applicants are requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage that occurred during the 2022 high water event and to move more than 50 cubic yards of material outside the shore impact zone for the construction of a dike. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact to allow the applicants to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage that occurred during the 2022 high water event and to move more than 50 cubic yards of material outside the shore impact zone for the construction of a dike as presented. 

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Dennis Braaten and James Frohreich Date:  October 10, 2023

Location/Legal Description:  Tracts in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.020 and 19.17.23.010

Project Proposal: Applicants are requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage that occurred during the 2022 high water event and to move more than 50 cubic yards of material outside the shore impact zone for the construction of a dike. 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?  Shoreline protection.

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

YES (X)  NO (  )  N/A (X)

Why or why not?   Earthen dike to protect private infrastructure such as septic systems, well, houses, etc.

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

Why or why not?  Shoreline protection.

  1. 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?  Remain the same.

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

Why or why not?  Lake of the Woods shoreline.

  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 (  )  NO (  )  N/A (X)

Why or why not? ________________________________________________________________________

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

Why or why not?  Shoreline.

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

Why or why not?  Erosion protection for Lake of the Woods.

  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?

YES (  )  NO (  )  N/A (X)

Why or why not? ________________________________________________________________________

  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 (  )  NO (  )  N/A (X)

Why or why not?   No signs associated with this proposal.

  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: ____________________________________________________

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

October 10, 2023 ` _____________________________________

Date Ed Arnesen

        Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit Application #23-16CU by Terry and Susannah Brateng

Lot 13, Block 1, Riverside Plat in Section Seventeen (17), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) Parcel ID#24.50.01.130. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to use a Recreational Vehicle (RV) in a Residential Development (R1) Zoning District on Rainy River. Rainy River is an Agricultural River Segment.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Conditional Use Permit/Findings of Fact to allow the applicant to use a Recreational Vehicle (RV) in a Residential Development (R1) Zoning District on Rainy River with the following conditions:

  1. A holding tank is allowed until a well is drilled and services the property. Upon a well servicing the property, a full septic system is required to be installed.
  2. CUP expires 12-31-25 and the camper must be removed.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Terry and Susannah Brateng Date:  October 10, 2023

Location/Legal Description:  Lot 13, Block 1, Riverside Plat in Section Seventeen (17), Township One Hundred Sixty-One (161) North, Range Thirty-One (31) West (Baudette) – Parcel ID#: 24.50.01.130

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to use a Recreational Vehicle (RV) in a Residential Development (R1) Zoning District on Rainy River. Rainy River is an Agricultural River Segment.

  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 water frontage.

  1. 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? ________________________________________________________________________

  1. 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?  No change.

  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?  Riverside Drive Northwest.

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

Why or why not?  Residential neighborhood and the camper is temporary until applicant  builds a permanent structure within the next two (2) years.

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

Why or why not?   Rainy River frontage.

  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 (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?  Spell out in conditions.

  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?

YES (  )  NO (  )  N/A (X)

Why or why not? ________________________________________________________________________

  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 (  )  NO (  )  N/A (X)

Why or why not? ________________________________________________________________________

  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. A holding tank is allowed until a well is drilled and services the property. Upon a well servicing the property, a full septic system is required to be installed.
  2. CUP expires 12-31-2025 and the camper must be removed.

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

October 10, 2023 ` _____________________________________

Date Ed Arnesen

        Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit Application #23-17CU by Dallas Schwandt (Nels Holte Agent)

A tract in Government Lot Three (3), Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID#19.17.24.070 (For Reference Only). Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to allow a commercial use consisting of a private winter ice fishing access road to Lake of the Woods in a Residential Development Zoning District (R1). Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact to allow a commercial use consisting of a private winter ice fishing access road to Lake of the Woods in a Residential Development Zoning District (R1) with the following conditions:

  1. The Conditional Use Permit expires upon sale or transfer of the property, except if sold or transferred to the designated agent, as identified in application #23-17CU.
  2. No parking or storage of vehicles, ice fishing equipment, or any other related items pertaining to the project proposal shall occur on the property.
  3. A single four (4) foot x eight (8) foot sign is allowed, and it must state that this is a private road only. It is not for public access. The sign shall be seasonal and is allowed to be placed on the property from December 1-April 30.
  4. No parking or storage is allowed on County Road 4.
  5. Must be in compliance with Solid Waste.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Dallas Schwandt (Nels Holte Agent) Date:  October 10, 2023

Location/Legal Description:  A tract in Government Lot Three (3), Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.17.24.070 (For Reference Only).

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to allow a commercial use consisting of a private winter ice fishing access road to Lake of the Woods in a Residential Development Zoning District (R1). 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 development to provide lake access.

  1. 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? ________________________________________________________________________

  1. 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?  No change as the access will be on frozen ground.

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

Why or why not?  This type of proposal is consistent with the Lake of the Woods County Floodplain Ordinance.

  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?  County Road 4 (Graceton Beach Road NW).

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

Why or why not?   Commercial opportunities exist along Graceton Beach Road and in the vicinity of this proposal. Morris Point is located to the east and an additional ice fishing business is located to the west.

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

Why or why not?  Access to Lake of the Woods.

  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?

YES (  )  NO (  )  N/A (X)

Why or why not? ________________________________________________________________________

  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 4’x8’ sign designating lake access will be placed on a seasonal basis. Dec 1 to April 30th.

  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 (X)  NO (  )  N/A (  )

Why or why not?   No parking on site.

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. The Conditional Use Permit expires upon sale or transfer of the property, except if sold or transferred to the designated agent, as identified in application #23-17CU.
  2. No parking or storage of vehicles, ice fishing equipment, or any other related items pertaining to the project proposal shall occur on the property.
  3. A single four (4) foot x eight (8) foot sign is allowed, and it must state that this is a private road only. It is not for public access. The sign shall be seasonal and is allowed to be placed on the property from December 1 – April 30.
  4. No parking or storage is allowed on County Road 4.
  5. Must be in compliance with the Lake of the Woods County Solid Waste Ordinance.

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

October 10, 2023 ` _____________________________________

Date Ed Arnesen

        Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Recess

A brief recess took place at 10:05a.m. and reconvened at 10:10a.m.

Closed Session-Union Negotiations

Resolution

The following Resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the following:

        Closed Session-Union Negotiation

          RESOLUTION NO. 23-10-01

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on October 10th, 2023 at 10:15 AM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

BE IT RESOLVED by the Lake of the Woods County Board of Commissioners as follows:

  1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.
  1. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.

Motion to Close/Open

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the closed session Union Negotiations MN Statute 13D.03, Sub 1 and open the regular meeting.

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set a work session for the Sheriff’s Office on October 24, 2023 following the regular board meeting.

Approval of Step Increases for Highway and Solid Waste

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following step increases for Highway and Solid Waste:

Cody Nelson-Grade 12, Step 2, $23.97 per hour (1 Step Increase)

Curt Ferrier- Grade 12, Step 3, $24.47 per hour (1 Step Increase)

Corey Olson-Grade 12, Step 2, $23.97 per hour (1 Step Increase)

Grant Stebakken- Grade 12, Step 2, $23.97 per hour (1 Step Increase)

Kraig Stokke- Grade 12, Step 3, $24.47 per hour (2 Step Increase)

Greg Ganje- Grade 12, Step 2, $23.97 per hour (1 Step Increase)

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to adjourn the meeting at 10:40 a.m.

Attest: October 10, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Ed Arnesen

September 26, 2023

September 26, 2023

The Lake of The Woods County Board of Commissioners met in regular session on September 26, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of September 12, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $4,718.89; Commissioners Warrants $4,764.26; Commissioners Warrants $9,767.26.

Approval of Cell Phone Stipend

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve Social Worker Whitney Nelson for a cell phone stipend in the amount of $60.00 effective October 2023.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $66,573.11; Road & Bridge $57,402.19; County Development $200.00; Natl Resc Enhance $3,357.50; Joint Ditch $7,309.50; Solid Waste $9,520.15; EDA $37,237.09.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/26/2023 For Payment 9/29/2023

Vendor Name Amount

Accurate HD Ltd. 35,772.00

Alpha Training &Tactics LLC 8,078.30

Contech Engineered Solutions LLC 4,129.20

E. Brookmyer, Inc. 4,536.25

Geofoam America LLC 7,309.50

Headwaters Regional Development Commiss 36,000.00

Hoffman, Philipp & Martell, PLLC 5,850.00

John Deere Financial 3,831.73

Lake Area Construction Inc 15,915.00

Larkin Hoffman Attorneys 20,925.00

North East Technical Service,Inc 2,855.00

Quadient Finance USA Inc. 2,000.00

Rinke-Noonan 3,557.50

Titan Machinery – Roseau 4,501.03

U.S. Bank Equipment Finance 6,268.50

38 Payments less than 2000 20,070.53

Final Total: 181,599.54          

Further moved to authorize the payment of the following auditor warrants: September 20,2023 for $257,073.74; September 20, 2023 for $1,450.10; September 13, 2023 for $83,559.13.

Set Road Tour/Joint Ditch Meeting Date

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to set the county road tour/Joint ditch meeting date for October 18, 2023. The road tour will begin at 12:00p.m. with the Joint ditch meeting to follow at 6:00p.m. at Arnesen’s Rock Harbor Lodge.

Set Closed Session/Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to set a closed session for Union Negotiations pursuant to MN Statute 13D.03, Sub 1(b) for October 4, 2023 at 8:30 a.m. in the Lake of the Woods County Government Center Commissioners Room with a work session for Tourism/Lodging Tax to follow.

Health Insurance

Lake of the Woods County Auditor-Treasurer Lorene Hanson gave the board information about Health Insurance renewal changes to review for a later meeting date.

County Road Access Discussion

Concerned Citizens Frank Sindelir, Michael Silontyev, and Mr. Silontyev’s son came to the board to discuss issues they have been having with an access road to their property. They would like to come to an agreement on the access and use of this road to access their properties peacefully or find a different solution. The County has done maintenance to this access in the past and views it as the access road to other properties in the area.  No action was taken by the board at this time. 

Recess

A brief recess took place at 9:47a.m. and reconvened at 9:52a.m. 

Public Works

County Engineer Anthony Pirkl gave an update on various road & bridge projects. 

Amendment to the Roseau County Interim County Engineer Contract

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the amended contract between Lake of the Woods County and Roseau County for Lake of the Woods County Engineer to act as Interim County Engineer in Roseau County, from $10,000 per month to $5,000 per month until the new Roseau County Engineer completes and receives their certification. 

SAP 039-630-001 Final Payment

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the final payment of SAP 039-630-001 for Davidson Ready-Mix & Construction, Inc. of Newfolden, MN in the total amount of $878,069.50 and hereby authorize final payment of $55,083.55

Human Resources

Approve Grade Increase-Environmental Specialist II Scott Head

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the grade increase for Environmental Specialist II Scott Head from Grade 10, Step 11, $25.60 per hour at 232 points to Grade 11, Step 11, $26,98 per hour at 253 points effective next full pay period.

Lakewood Health-Kay Schell

Lakewood Nursing Service Contract Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously approve the renewal of the Purchase of Service agreement for Community Health Services between Lake of the Woods County and Lakewood Health Center.

Opioid Treatment Plan-Bylaws

Kay Schell reviewed the Opioid Treatment Plan Bylaws with the board. The Interim County Attorney Michelle Moren will review the document and bring back to the board for approval at a later date. No action was taken at this time.

Recess

A brief recess took place at 10:10 a.m. and reconvened at 10:18 a.m.

Rescind Prior Motion and Change Date for Closed Session/Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Buck Nordlof and carried unanimously to rescind the prior motion to set a date for the closed session/work session meeting and to change the Closed session pursuant to MN Statute 13D.03, Sub 1(b) and the work session for Lodging Tax/Tourism from October 4, 2023 to October 10, 2023 with the closed session beginning at 10:00 a.m. 

Recess

With no further business before the Board, Vice-Chair Cody Hasbargen called the meeting to recess at 10:20a.m.

Attest: September 26, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Vice-Chair Cody Hasbargen

September 12, 2023

September 12, 2023

The Lake of The Woods County Board of Commissioners met in regular session on September 12, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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, Buck Nordlof and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. Absent: Commissioner Cody Hasbargen.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of August 22, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $14,054.74; Commissioners Warrants $4,915.97; Commissioners Warrants $16,577.78.

Approval of Purchase-Plastic Chairs

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of 35 chairs at $68.00 per chair to be paid for out of the Social Services fund.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously with Commissioner Buck Nordlof abstaining to approve the claims against the County as follows: Revenue $82,787.73; Road & Bridge $121,386.99; County Development $1,675.00; Joint Ditch $91,670.54; Solid Waste $59,782.85.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/12/2023 For Payment 9/15/2023

Vendor Name Amount

Andy’s Garage, Inc. 2,819.05

ByteSpeed, LLC 5,538.00

Cdw Government, Inc 2,590.13

Cenex Co-Op Services, Inc. 17,939.38

Contech Engineered Solutions LLC 70,779.40

Counties Providing Technology 4,204.00

Dentons Dirt Worx, LLC 90,365.54

Election Systems & Software, Inc 3,675.00

Erickson Engineering Company, LLC 3,885.00

Farmers Union Oil company 2,214.38

Gilson Co, Inc. 2,598.04

Howard’s Oil Company 16,532.87

Integris LLC 5,812.98

Joy Brandt Painting 4,250.00

Larkin Hoffman Attorneys 8,837.50

Liberty Tire Recycling, LLC 5,341.20

LOW Highway Dept 15,443.96

Mar-Kit Landfill 15,048.00

Moren/Law Offices Of Patrick D 4,401.80

National Business Furniture, LLC 2,069.60

North East Technical Service,Inc 17,461.20

North Leaf Auto Body 4,741.65

R & Q Trucking, Inc 6,110.00

Verus Corporation 3,300.00

Voice Products 2,639.10

WIDSETH SMITH NOLTING & ASSOC., INC. 2,850.00

59 Payments less than 2000 35,855.33

Final Total: 357,303.11

Further moved to authorize the payment of the following auditor warrants: August 23,2023 for $14,178.79; August 29,2023 for $7,751.86; September 6, 2023 for $55,098.47

Alternate Appointments

Appointment of Alternate Member for the North Country Community Health Board

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to appoint Commissioner Cody Hasbargen as an alternate member of the North Country Community Health Board.

Appointment of Alternate Member for the North Country Community Health Services Advisory Committee

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to appoint Commissioner Cody Hasbargen as an alternate member of the North Country Community Health Services Advisory Committee. 

Attorney Contract Approval

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Professional Services Contract between Lake of the Woods County and Michelle E. Moren, Attorney at Law as interim County Attorney.

Approval of Proposed 2024 Levy

Resolution

Resolution Adopting

Proposed 2024 Budget and Tax Levy

Resolution   2023-09-01

The following Resolution was proposed and moved for adoption by Commissioner Buck Nordlof:

WHEREAS, the Proposed County Budget for the year 2024 has been reviewed by the Lake of the Woods County Board of Commissioners; and 

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2024:

Revenue Fund $ 2,116,712

Road & Bridge Fund $500,000

Social Services Fund         $603,935

Economic Development Authority Fund   $60,000

2024 Proposed Budget and Tax Levy        $3,280,647

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2024:

Twp Road & Bridge $476,470*

Twp Fire – Baudette $26,750

 Twp Fire – Williams $17,101

Twp Fire – NW Angle $6,500

Total $526,821

2024

* $476,470 for Township Road & Bridge, includes $5,000 Blue Blades and $12,765 Admin of Township Roads (458,705+5,000+12,765=476,470)  

A public meeting to discuss the 2024 Proposed Budget and Tax Levy will be held on Tuesday, December 12, 2023, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 

The motion was seconded by Commissioner Joe Grund, and the same being put to a vote, was unanimously carried. 

Public Works

Updates

County Engineer Anthony Pirkl gave an update of various projects that included: Reclaiming Birch Beach/Sandy Shores roads, Bridge Inspections, and Erosion project.

Approval of Agreement-MNDOT

Resolution

The following Resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following:

MNDOT AGREEMENT NO. 1054497

RESOLUTION NO. 23-09-02

WHEREAS, Lake of the Woods County and the State of Minnesota Department of Transportation enter into MNDOT Agreement No. 1054497 for the following purposes:

To provide payment by the County to the State of the County’s share of the costs of the grading, bituminous surfacing, ADA improvements, and lighting construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 72 from 475 feet north of Trunk Highway 11 to 729 feet north of Third Street NE under State Aid Project 039-626-005 and State Project No. 3905-10 (TH 72=325).

NOW THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board Chair and the Lake of the Woods County Engineer are authorized to execute the Agreement and any amendments to the Agreement.

Land & Water

Consideration of Conditional Use Permit Application #23-13CU by Dale Wang, et.al

A tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel ID# 19.17.23.050. Applicant is requesting a Conditional Use Permit as required by the Section of 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage. Lake of the Woods is a General Development lake.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #23-13CU by Dale Wange,et.al to move more than ten (10) cubic yards of material within the shore impact zone of the Lake of the Woods to repair shoreline damage.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Dale Wang Date:  September 12, 2023

Location/Legal Description:  Tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.050.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage.

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? Shoreline restoration.

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? ____________________________________________________________________

  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 (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods shoreline.

  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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? Shoreline.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods Shoreline.

  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?

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

  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 (  )  NO (  )  N/A (X)

Why or why not? ___________________________________________________________________

  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: None

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

September 12, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit Application #23-14CU by Katherine Houser

A tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.030. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage. Lake of the Woods is a General Development lake.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the follow Conditional Use Permit/Findings of Fact #23-14CU by Katherine Houser to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage. Lake of the Woods is a General Development lake.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Katherine Houser Date:  September 12, 2023

Location/Legal Description:  Tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.030.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage.

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? Shoreline restoration.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

3. 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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? Lake of the Woods shoreline.

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? Shoreline.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods Shoreline.

10. 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? _________________________________________________________________

11. 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? _________________________________________________________________

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

Why or why not? ____________________________________________________________________

13. 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? ____________________________________________________________________

14. 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? ____________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ___________________________________________________________________

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 (  )  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: None

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

September 12, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Human Resources

Approval of New Job Description- Office Manager, Paralegal, Victim Witness Coordinator

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the updated job description for Office Manager, Paralegal, Victim Witness Coordinator Dena Pieper. 

Approval of Grade increase

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve a grade increase for Office Manager, Paralegal, Victim Witness Coordinator Dena Pieper from Grade 11, Step 14, $28.39 at 261 points to Grade 13, Step 10, $29.52 per hour at 301 points.

Uniform Allowance

Human Resources Director Savanna Slick and Sheriff Gary Fish came to the board to ask for approval to increase the uniform allowance amount for Emergency Management Director Jill Olson from $400.00 for two part-time positions to $600.00. No action was taken by the board.

Recess

With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 9:55 a.m.

Attest: September 12, 2023

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

August 22, 2023

August 22, 2023

The Lake of The Woods County Board of Commissioners met in regular session on August 22, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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, Cody Hasbargen and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. Absent: Commissioner Buck Nordlof.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Approval of Quotes for Painting.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official minutes of August 8, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $7,227.47; Commissioners Warrants $1,758.25; Commissioners Warrants $6,696.54.

Minnesota Department of Corrections

District Supervisor Cody Underdahl gave an update that included: Legislative changes, staffing changes, Borderland Substance Abuse Court, supervised probation, and the cognitive behavior program.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $277,332.64; Road & Bridge $40,348.19; County Development $350.00; Joint Ditch $97,362.60; Solid Waste $17,361.52; EDA $1,296.60.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/22/2023 For Payment 8/25/2023

Vendor Name Amount

ByteSpeed, LLC 4,400.00

Cenex Co-Op Services, Inc. 15,944.90

Counties Providing Technology 4,284.00

Dentons Dirt Worx, LLC 97,362.60

Erickson Engineering Company, LLC 7,528.50

Farmers Union Oil Co. 2,960.46

Lake Area Construction Inc 14,700.00

Lavalla Sand & Gravel Inc 76,353.84

Liberty Tire Recycling, LLC 10,266.35

North Central Insulation 162,912.00

Pomp’s Tire-Thief River Falls 3,345.46

Quadient Finance USA Inc. 2,000.00

Roseau County Highway Dept 3,305.02

Stonebrooke Engineering, Inc. 4,148.93

U.S. Bank Equipment Finance 6,268.50

Wex Bank 2,102.78

30 Payments less than 2000 16,168.21

Final Total: 434,051.55

Further moved to authorize the payment of the following auditor warrants: August 9, 2023 for $105,137.32; August 16, 2023 for $167,739.06.

Roof Repair Final Payment

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the final payment for the Government Center building roof repair in the amount of $162,912.00 to be paid for out of the building fund.

Approval of Bid

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the bid from Joy Brandt Painting in the amount of $4,250.00 to paint the Government Center Court Room to be paid for out of the insurance claim for water damage.

Public Works

County Engineer Anthony Pirkl discussed project SAP 039-026-005 300ft of road between Willie Walleye, the VFW, and the Grand Theater that will begin work in summer of 2024. 

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to add Permission to advertise for bids for SAP 039-026-005.

Permission to advertise for bids

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the request to advertise for bids for project SAP 039-026-005.

Updates

County Engineer Anthony Pirkl discussed the reclaiming on County Road 8 and informed the board that the project will continue after Labor Day. Mr. Pirkl also informed the board that a water line was installed at the landfill to help with the grinding of shingles.

Sheriff

Pennington County Purchase of Service Agreement

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the renewal of the Purchase of Service agreement between Pennington County, Thief River Falls, and Lake of the Woods County Sheriff’s Office and for Chair Ed Arnesen and Sheriff Gary Fish to sign the same.

Land & Water

Adoption of Rainy-Rapid Work Plan

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Rainy-Rapid work plan for Watershed based implementation funding and allow the implantation committee to certify any final changes required for approval by the Board of Water and Soil Resources.

Recess

With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 9:45 a.m.

Attest: September 12, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

August 8th, 2023

August 8, 2023

The Lake of The Woods County Board of Commissioners met in regular session on August 8, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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, Buck Nordlof, Jon Waibel, Cody Hasbargen and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: Cliffs Discussion, Northerly Park Legacy Grant, Letter of Support MNDOT, Approval of Shoreline Erosion FEMA quotes. 

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of July 25, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $27,249.65; Commissioners Warrants $2,838.53; Commissioners Warrants $6,294.36.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner  Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $113,923.42; Road & Bridge $34,198.19; County Development $1,600.00; Joint Ditch $2,600.00; Solid Waste $44,861.48.

  WARRANTS FOR PUBLICATION

Warrants Approved On 8/08/2023 For Payment 8/11/2023

Vendor Name Amount

Business Essentials 3,109.00

CARRIFF Engineered Fabrics Corporation 2,932.53

Cenex Co-Op Services, Inc. 3,402.63

DLT Solutions, LLC 3,074.60

Farmers Union Oil company 2,265.71

Howard’s Oil Company 9,747.06

Integris LLC 4,651.69

Interstate Billing Service Inc 3,990.48

LOW Highway Dept 11,679.15

LOW School District–390 3,000.00

LOW Soil & Water Cons. Dist. 29,235.00

Mar-Kit Landfill 16,065.75

Marco Technologies LLC 5,890.00

North Country Chevrolet 39,747.48

R & Q Trucking, Inc 6,721.00

Rainy Lake Oil, Inc 2,549.15

Roseau & Lakeof theWoods Sportsmans Club 5,000.00

Strata Corp, Inc 7,522.88

WIDSETH SMITH NOLTING & ASSOC., INC. 5,900.00

56 Payments less than 2000 30,698.98

Final Total: 197,183.09

Further moved to authorize the payment of the following auditor warrants: July 26,2023 for $35,310.55; August 2,2023 for $25,466.55; August 3, 2023 for $250,563.39.

Permission to Hire Environmental Specialist

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to hire Eric Best as Environmental Specialist at Grade 10, Step 1, $21.16 per hour at 245 points.

Public Works

Updates

County Engineer Anthony Pirkl gave an update that included various projects around County Road 8.

Letter of Support MNDOT

Resolution

The following Resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following:

LETTER of SUPPORT MNDOT

RESOLUTION NO. 23-08-01

WHEREAS, the Lake of the Woods County Board of Commissioners supports The Minnesota Department of Transportation’s (MNDOT) application for funding through the United States Department of Transportation’s (USDOT) Promotion Resilient Operation for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) grant.  

WHEREAS, The PROTECT funding will facilitate the realignment of Highway 11 between Baudette and International Falls, MN, to remove the highway from two critical slope failures.

WHEREAS, the project will enhance the resilience of the transportation system in an area with very limited access to integral services, products, and employment.

WHEREAS, the Highway 11 Rainy River Slide Realignment and Resiliency Project aligns with the goals of the PROTECT program, the Federal Highway Administration (FHWA), and the USDOT.

WHEREAS, the completion of the Highway 11 Rainy River Slide Realignment and Resiliency Project will strengthen our transportation system and contribute to growth in our region. 

NOW THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners offers their support for the Minnesota Department of Transportation’s (MNDOT) application to receive funding from the PROTECT grant for the completion of the Highway 11 Rainy River Slide Realignment and Resiliency Project. 

Approve Shoreline Erosion Quotes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the quote from Denton DirtWorks in the amount of $43,769.16 for work on Public Access Roads, and to include Birch Beach and Rocky point to be paid for by FEMA funds. 

Salary Increase

Motion 

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve a salary increase for County Engineer Anthony Pirkl from $110,115 to $140,000 per year with an annual increase of 2.5% over the next three years effective next full pay period.

Land & Water

Approval of Grade Increase

Motion 

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve a Grade increase for Environmental Specialist Scott Head from Grade 9, Step 11 to Grade 10, Step 11, $25.60 per hour effective next full pay period.

Consideration of Conditional Use Permit Application #23-11CU by Jesse Mayfield and Steve Asplin

That portion of Government Lot 9, Section Six (6), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid)- Parcel ID# 31.06.44.020. Applicant is requesting a Conditional Use Permit as required by Section 401 B of the Lake of the Woods County Zoning Ordinance to allow a commercial activity consisting of a storage building in a non-shoreland Residential Development Zoning District (R1).

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the following CUP #23-11CU/Findings of Fact by Jesse Mayfield and Steve Asplin to allow a commercial activity consisting of a storage building in a non-shoreland Residential Development Zoning District (R1) with the following conditions:

  1. The conditional use permit is specific to the submitted application and sketch only.
  2. No habitation of the structure or on the property.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Jesse Mayfield and Steve Asplin Date: August 8, 2023

Location/Legal Description:  That portion of Gov. Lot 9 lying South and West of State Highway #11 and lying South and East of County Road #35 in Section Six (6), Township One-hundred sixty (160) North, Range Thirty (30) West – Parcel ID# 31.06.44.020.

Project Proposal:  Allow commercial activity consisting of a storage building in a non-shoreland Residential Development Zoning District (R1).

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?  Other commercial uses in the general vicinity include a resort and agricultural activities.

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?  ___________________________________________________________________

  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?  Not located in a floodplain area.

  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 (  )  NO (  )  N/A (X)

Why or why not?  Access is off of County Road 35 and the existing approach off of 7th Street SE.

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

Why or why not?  Other commercial uses in the general vicinity include a resort and agricultural activities.

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

YES (  )  NO (  )  N/A (X)

Why or why not?  Project proposal is not located in a shoreland location.

  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?

YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

  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 (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

  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 (X)  NO (  )  N/A (  )

Why or why not?  Property is approximately 5 acres and has adequate onsite parking.

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. The conditional use permit is specific to the submitted application and sketch only.
  2. No habitation of the structure or on the property.

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

August 8, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit Application #23-12CU by Christopher and Dawn Eklund

A tract of land located in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4)  Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel ID# 19.21.34.040. Applicant is requesting a Conditional Use Permit as required by Section 6.3 of the Lake of the Woods County Zoning Floodplain Ordinance to allow an alternative elevation method of the existing structure. This portion of Bostic Creek is considered Lake of the Woods, a General Development Lake.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following CUP #23-12CU/Findings of Fact by Christopher and Dawn Eklund to allow an alternative elevation method of the existing structure with the following conditions:

  1. Upgrading of well and septic system to be completed one year from approval.
  2. Lowest portion of the building must be at 1066.2 or higher.
  3. Meet all other applicable requirements per Lake of the Woods County Floodplain Ordinance.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Christopher and Dawn Eklund Date: August 8, 2023

Location/Legal Description:  A tract of land located in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) Section Twenty-one (21), Township One-hundred sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.21.34.040.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 6.3 of the Lake of the Woods County Zoning Floodplain Ordinance to allow an alternative elevation method of the existing structure.

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 and residential.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Structure stabilization, new well, new septic system.

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

4. Why or why not?  ___________________________________________________________________

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

6. Why or why not?  ___________________________________________________________________

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

8. Why or why not?  Bostic Bay waterfront.

9. 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)

10. Why or why not?  ___________________________________________________________________

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

12. Why or why not?  No change.

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

  1. Why or why not?  Residential and commercial.
  2. 15. Does the project proposal have a reasonable need to be in a shoreland location?

YES (X)  NO (  )  N/A (  )

Why or why not?  Existing recreational cabin.

16. 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 (  )

17. Why or why not?  New sewer system to be installed.

18. 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 (  )

19. Why or why not?  No change.

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

21. Why or why not?  New well and sewer system.

22. 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)

23. Why or why not?  ___________________________________________________________________

24. 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?

25. YES (  )  NO (  )  N/A (X)

    Why or why not?  ___________________________________________________________________

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

    27. YES (  )  NO (  )  N/A (X)

      Why or why not?  ___________________________________________________________________

      28. 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? 

      29. YES (  )  NO (  )  N/A (X)

      Why or why not?  ___________________________________________________________________

      30. 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)

      31. Why or why not?  Private driveway off of Cyrus Road NW.

      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. Upgrading of well and septic system to be completed one year from date of approval.
      2. Lowest portion of the building (floor joists) must be at 1066.2 elevation (88 datum) or higher.
      3. Meet all other applicable requirements per Lake of the Woods County Floodplain Ordinance.

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

      August 8, 2023 _____________________________________

      Date Ed Arnesen

      Chair, County Board

      This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

      Cliffs Natural Resources Discussion

      The board reviewed information from Cliffs Natural Resources

      Set Work Session

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session regarding Cliffs Natural Resources proposal for September 12, 2023 at 1:00p.m.

      IT- Eagleview Flyover

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve a full county 6 inch resolution imagery flyover by Eagleview in spring of 2024 in the amount of $114,060.00 to be paid in three annual installment amounts of $38,020.00.

      County Surveyor

      County Surveyor Chad Conner discussed the land leased by Mr. Brian Powers with legal description and surveyed boundaries. He alsogave an update on funds approved in legislation that will become available to apply for in the fall that would benefit project efforts in surveying areas of the county.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the land lease with Mr. Brian Powers for one year until December 31, 2024. 

      County Attorney

      County Attorney James Austad gave a formal resignation and will supply a letter of resignation at a later date. Michelle Moren joined by phone and discussed terms for being an interim County Attorney to complete the remaining 3-year term of James Austad.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to accept the resignation from County Attorney James Austad with a projected last day of September 1, 2023.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to appoint Michelle Moren as interim County Attorney to complete the 3-year term of County Attorney James Austad effective August 16, 2023 at $100,000 per year plus mileage.

      Northerly Park Legacy Grant Approval

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Northerly Park Legacy Grant in the amount of $70,000.

      Set Meeting Date-Commissioner/Senate Bonding Committee 

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a meeting date with the Senate Bonding Committee for August 16, 2023 at 7:00p.m. with a viewing of the Williams School and Law Enforcement Center to follow. 

      Correspondence

      The board reviewed correspondence for the upcoming the International Rainy-Lake of the Woods Watershed Board Public Information Session August 16,2023.

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 11:00 a.m.

      Attest: August 22, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

      July 11, 2023

      July 11, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, July 11, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      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, Buck Nordlof, Jon Waibel, Cody Hasbargen and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. 

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Northwest Angle Park.

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 27, 2023.

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $12,102.71; Commissioners Warrants $2,641.01; Commissioners Warrants $9,896.98.

      Credit Card Approval

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve a County credit card for Social Worker Whitney Nelson with a limit of $1500.00.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously with Commissioner Joe Grund abstaining to approve the claims against the County as follows: Revenue $97,612.21; Road & Bridge $247,499.95; County Development $2400.00; Joint Ditch $220.00; Solid Waste $35,180.91; EDA $975.00.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 7/11/2023 For Payment 7/14/2023

      Vendor Name Amount

      CARRIFF Engineered Fabrics Corporation 2,504.90

      Cenex Co-Op Services, Inc. 15,045.58

      CentralSquare Technologies, LLC 41,841.26

      Counties Providing Technology 4,204.00

      Custom Autobody And Repair 5,036.65

      Farmers Union Oil company 2,725.77

      Ferrellgas 2,520.77

      Fort Distributors Ltd 38,400.00

      Frontier Precision Inc 28,789.55

      Howard’s Oil Company 8,038.50

      Integris LLC 5,466.19

      Knife River Corporation 147,060.00

      LOW Highway Dept 14,215.50

      R & Q Trucking, Inc 7,332.00

      Signalscape,Inc 7,791.54

      Strata Corp, Inc 2,255.37

      University Of Mn 14,752.69

      Verus Corporation 2,100.00

      WIDSETH 2,400.00

      WIDSETH SMITH NOLTING & ASSOC., INC. 3,675.00

      43 Payments less than 2000 27,732.80

      Final Total: 383,888.07

      Further moved to authorize the payment of the following auditor warrants: June 28, 2023 for $10,961.76; July 5, 2023 for $20,277.64; July 7, 2023 for $458,930.18; July 7, 2023 for ($197,000.00).

      Northwest Angle Park

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Northwest Angle Northerly Park Grant Contract Agreement with the State of Minnesota and for Chair Ed Arnesen and Auditor/Treasurer Lorene Hanson to sign the same.

      Arrowhead Library-Jim Weikum

      Arrowhead Library Services (ALS) Executive Director Jim Weikum gave an update to the board that included: Strategic Planning with Northspan Group, technology updates, Mail-A-Book Program, digital library services, E-books & Audiobooks, Tumblebooks, and Creativebug online resources. 

      Lester Boomgaarden

      Calcium Chloride County Road 69

      Concerned citizen Lester Boomgaarden came to the board to discuss the policy on Calcium Chloride and how the schedule is determined. County Engineer Anthony Pirkl explained that the County uses Calcium Chloride for maintenance when there is a project on the roads that would increase traffic. The public does have the option to purchase Calcium Chloride from the Highway Department, when it is advertised, to have it put on the road in front of their house. 

      Beaver Dam Removal JD 28

      Concerned citizen Lester Boomgaarden discussed Judicial Ditch 28 and the beaver dam on the west-side of the ditch. County Engineer Anthony Pirkl informed Mr. Boomgaarden that JD 28 is on their list of upcoming projects for maintenance. 

      Public Works

      Updates

      County Engineer Anthony Pirkl gave an update on various projects.

      Final Payment SAP 039-608-025

      Motion

      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-608-025 for KGM Contractors, Inc. of Angora, MN in the total amount of $580,022.00 and hereby authorize final payment of $32,611.10.

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 10:16 a.m.

      Attest: July 25, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

      June 27, 2023

      June 27, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, June 27, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      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, Cody Hasbargen and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. Absent was Commissioner Buck Nordlof.

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: Approval of Board of Equalization Minutes, and Private Property Owners Request: Rocky Point Speed Limit Sign.

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 6, 2023.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 13, 2023.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official Board of Equalization minutes of June 12, 2023 and June 13, 2023.

      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 $7,938.82; Commissioners Warrants $4,404.98; Commissioners Warrants $14,827.51.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County with Commissioner Joe Grund abstaining as follows: Revenue $74,286.39; Road & Bridge $148,953.92; County Development $1,100.00; Solid Waste $68,402.84; EDA $1,215.05.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 6/27/2023 For Payment 6/30/2023

      Vendor Name Amount

      ByteSpeed, LLC 3,433.00

      Cenex Co-Op Services, Inc. 11,433.27

      Counties Providing Technology 4,204.00

      Extreme Duty Ironworks 2,876.50

      Farmers Union Oil Co. 2,402.95

      Farmers Union Oil company 2,709.93

      Lady Lakers Volleyball Association 2,250.00

      Larkin Hoffman Attorneys 33,100.00

      Mar-Kit Landfill 15,974.50

      Marco Technologies LLC 2,880.00

      Midway Ford Company 33,591.80

      Mn Counties Computer Co-Op 2,145.00

      North East Technical Service,Inc 7,677.40

      Nuss Truck & Equipment 2,573.23

      R & Q Trucking, Inc 2,444.00

      Schneider Geospatial, LLC 2,226.00

      Strata Corp, Inc 42,820.04

      T-C Lighting 30,307.01

      Tillery/Dale 2,643.46

      Titan Machinery – Roseau 51,992.00

      U.S. Bank Equipment Finance 6,268.50

      57 Payments less than 2000 28,005.61

      Final Total: 293,958.20

      Further moved to authorize the payment of the following auditor warrants: June 7, 2023 for $31,274.74; June 8, 2023 for $2,225.47; June 14, 2023 for $54,382.31; June 21, 2023 for $14,460.84.

      Donation from The Family of Roger Birkeland

      The Lake of the Woods County board thanks the Roger Birkeland family for their generous donation to veteran transportation services.

      Resolution

      DONATION TO LAKE OF THE WOODS COUNTY

      Pursuant MN Stat. § 465.03

      Resolution No. 23-06-01

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

      WHEREAS, Lake of the Woods County Commissioners pursuant MN Stat. § 465.03 (gifts to counties) hereby accepts a donation from the family of Roger Birkeland for Veterans Transportation in the amount of $735.00.

      NOW THEREFORE, BE IT RESOLVED, that in accordance with the terms set forth by the family of Roger Birkeland, the donors, the funds will be used to support veterans travel and transportation services.

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

      Land Lease Discussion

      Brian Powers informed the board that there is a discrepancy over the property lines for the approximately 13 acres of tillable land he will be leasing from Lake of the Woods County. County Surveyor Chad Conner informed the board of the costs involved to have the land surveyed for property lines. 

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously with Commissioner Ed Arnesen abstaining to survey the leased land of approximately 13 acres to find property lines. 

      Liquor License Application- Ships Wheel Resort

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the liquor license application for Ships Wheel Resort.

      Liquor License Application- Flag Island

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the liquor license application for Flag Island.

      Human Resources

      Human Resources Director Savanna Slick informed the board that Environmental Specialist Megan Thompson had resigned. 

      Permission to Advertise, Interview, & Hire

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request to advertise, interview, & hire an Environmental Specialist at Grade 10, Step 1, $21.16 per hour, points 245.

      CHI Lakewood Health Center- Jeffry Stampohar

      CHI Lakewood Health Center President Jeffry Stampohar gave an update on various topics that included: Guardian Flight, Ambulance Services, and division changes.

      Solid Waste Abatement Discussion

      County Assessor Alisa Jacobsen and County Auditor/Treasurer Lorene Hanson discussed with the board a recent request for a solid waste abate up to 5 years for parcel numbers 16.06.22.010 and 16.06.22.110. The policy for assessment abatements is for the current year and prior two years. The board reviewed the request and information presented.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the abatement request according to policy for only the current year and prior two years for parcel numbers 16.06.22.010 and 16.06.22.110.

      Public Works

      Approval of Purchase Agreement for Johnson Property

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase agreement between Richard J. & Victoria A. Johnson and Lake of the Woods County in the amount of $75,000 for the purchase of the Johnson property and for County Chair Ed Arnesen, Auditor/Treasurer Lorene Hanson, and County Attorney James Austad to sign the same.

      Updates

      County Engineer Anthony Pirkl gave an update on various highway department projects and FEMA funding.

      Private Property Owners- Rocky Point Speed Limit Sign

      Commissioner Ed Arnesen discussed with the board a request he received from private property owners to have a speed limit sign that displays your speed as you approach placed on the road near rocky point. No action was taken at this time.

      Borderland Treatment Court

      Memorandum of Understand

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Memorandum of Understanding between the State of Minnesota Ninth Judicial District, Borderland Treatment LKW Court, and Lake of the Woods County and for Chair Ed Arnesen to sign the same.

      Public Hearing-Large Event Ordinance

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting and open the public hearing Large Event Ordinance meeting at 10:10 a.m.

      Large Event Ordinance

      Emergency Management Director Jill Hasbargen-Olson discussed the Large Event Ordinance with the board that would require an application for permits at events that would attract 500 or more people.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to close the public hearing and open the regular meeting

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Large Event Ordinance as it was presented. 

      Recess

      A brief recess took place at 10:15 a.m. and reconvened at 10:20 a.m.

      Opioid Discussion

      Kay Schell, Doris Knutson, Sandy Peterson, and County Attorney James Austad gave an update to the board regarding opioid funds and the plan for the committee moving forward.

      Land & Water

      Consideration of Conditional Use Permit Application #23-06 by Shane Meyer

      A 4.25-acre tract of land in the NE1/4NE1/4 in Section Thirty-four (34), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel #19.34.11.010. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential (R2) Zoning District.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact CUP #23-06 by Shane Meyer to operate a short-term vacation rental in a Rural Residential (R2) Zoning District with the following conditions:

      1. The Conditional Use Permit terminates upon sale or transfer of the property.
      2. The maximum occupancy is limited to twelve (12) people.
      3. The septic system in to be sized for 75 gallons per day based upon the maximum occupancy of 12 people.
      4. The quiet hours as indicated in the application from 11:00 pm to 7:00 am apply.
      5. Emergency contact numbers are to be posted in prominent locations within the dwelling.
      6. A single 2’x 3’ non-illuminated sign may be placed near 28th Street NW.
      7. If applicable, the applicant must follow Minnesota Department of Health guidelines.

      Lake of the Woods County Board of Commissioners

      Findings of Fact and Decision

      Name of Applicant:  Shane Meyer Date:  June 27, 2023

      Location/Legal Description:  A 4.25-acre tract of land in the NE4NE4, Section Thirty-four (34), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.34.11.010.

      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 operate a short-term vacation rental in a Rural Residential (R2) Zoning District. 

      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 development.

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

      YES (X)  NO (  )  N/A ( )

      Why or why not? Septic system to be upgraded and sized for 75 gallons per day to accommodate a maximum occupancy of 12 individuals.

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

      Why or why not?  The septic upgrade will prevent water pollution and nutrient loading to groundwater.

      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 (X)  NO (  )  N/A (  )

      Why or why not?  The site location is not in any floodplain or floodway of a river.

      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?  Site has access from 28th Street NW.

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

      Why or why not?  Site is located in a Rural Residential area with low population density.

      1. 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 (X)  NO (  )  N/A (  )

      Why or why not?  Septic system to be upgraded and sized for 75 gallons per day to accommodate a maximum occupancy of 12 individuals.

      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 (X)  NO (  )  N/A (  )

      Why or why not?  The water supply meets drinking water standards and the septic system is to be upgraded and sized for 75 gallons per day to accommodate a maximum occupancy of 12 individuals.

      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?

      YES (X)  NO (  )  N/A ( )

      Why or why not? Site has currently natural vegetation present to buffer the proposed use from neighboring property.

      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? Applicant has indicated a 2’x3’ sign placed near 28th Street NW. 

      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 (X)  NO (  )  N/A (  )

      Why or why not?  Ample parking is available within the property.

      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. The Conditional Use Permit terminates upon sale or transfer of the property.
      2. The maximum occupancy is limited to twelve (12) people.
      3. The septic system is to be sized for 75 gallons/day based upon the maximum occupancy of twelve (12) people.
      4. The quite hours as indicated in the application from 11:00 p.m. to 7:00 a.m. apply.
      5. Emergency contact numbers are to be posted in prominent locations within the dwelling.
      6. A single 2’x3’ non-illuminated sign may be placed near 28th Street NW.
      7. If applicable, the applicant must follow Minnesota Department of Health guidelines.

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

            June 27, 2023 _____________________________________

      Date Ed Arnesen

              Chair, County Board

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

      Consideration of Conditional Use Permit Application #23-07 by Michael Hangsleben

      Lots 11 and 12, Block 1, Schmidt-Waag Subdivision, Government Lot Two (2), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)- Parcel ID# 16.53.01.110. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) yards of material within the shore impact zone of the Lake of the Woods for the purpose of constructing of an access to Lake of the Woods.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact CUP #23-07 by Michael Hangsleben to move more than ten (10) yards of material within the shore impact zone of the Lake of the Woods for the purpose of construction of an access to Lake of the Woods with the following conditions:

      1. Follow DNR guidelines for boat ramp.
      2. Must be ten (10) feet from lot line.
      3. Maintain erosion control measures during and after construction.

      Lake of the Woods County Board of Commissioners

      Findings of Fact and Decision

      Name of Applicant:  Michael Hangsleben Date:  June 27, 2023

      Location/Legal Description:  Lots 11 and 12, Block 1, Schmidt-Waag Subdivision, Government Lot Two (2), Section Eight (8), Township One Hundred Sixty-three (163) North, Range Thirty-three (33). – Parcel ID# 16.53.01.110.

      Project Proposal:  Applicant is requesting to move more than ten (10) yards of material within the shore impact zone of Lake of the Woods for the purpose of constructing of an access to Lake of the Woods.

      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 lake access.

      1. 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?  _______________________________________________________________________

      1. 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?  No change.

      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 (X)  NO (  )  N/A ( )

      Why or why not? Rock rip rap.

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

      Why or why not? _______________________________________________________________________

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

      Why or why not? Neighboring property.

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

      Why or why not?  Lake access.

      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?

      YES ( )  NO (  )  N/A (X)

      Why or why not?  _______________________________________________________________________

      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 (  )  NO (  )  N/A (X)

      Why or why not? _______________________________________________________________________

      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. Follow DNR guidelines for boat ramp.
      2. Must be ten (10) feet from lot line.
      3. Maintain erosion control measures during and after construction.

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

      June 27, 2023 _____________________________________

      Date Ed Arnesen

              Chair, County Board

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

      Consideration of Amendments to the Lake of the Woods County Zoning Ordinance

      Land & Water Director Josh Stromlund informed the board of changes to the zoning ordinance that would pertain to short-term rentals and resorts and asked the board to adopt these changes.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to adopt the amendments to the zoning ordinance.

      Consideration of Amendments to the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance

      Land & Water Director Josh Stromlund informed the board of minor changes to the SSTS ordinance that would correct the order of and simplify the information to have similar categories in the same section.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to adopt the amendments to the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance. 

      Peatlands Discussion

      Resource Conservationist Mike Hirst and Land & Water Director Josh Stromlund discussed priority subwatersheds for hydrologic restoration and the DNR pilot project restoration plan for the rapid river. There would be updates with the board seeking project approval before moving forward. 

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 12:03 p.m.

      Attest: July 11, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

      June 13, 2023

      June 13, 2023

      The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 13, 2023 at the Angle Outpost Resort, Angle Inlet, MN. 

      Call To Order

      Chair Ed Arnesen called the meeting to order at 10:22 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners:Cody Hasbargen, Joe Grund and Ed Arnesen. Also present was County Auditor/Treasurer Lorene Hanson. Absent was: Commissioners Jon Waibel and Buck Nordlof.

      Approval of Agenda

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: EDA Update, Hagen Property Discussion, Permission to Purchase Survey Equipment.

      Bid Opening-Oil Furnace

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to accept the bid from Ed Searl in the amount of $2900.00 for the used oil furnace. 

      PUBLIC HEARING- RECONVENE BOARD OF EQUALIZATION

      Motion

      Motion was made by Commissioner Joe Grund, second by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting and re-open the public hearing for the Board of Equalization at the Northwest Angle with the following members present: Commissioners: Ed Arnesen, Cody Hasbargen, Joe Grund, County Auditor Treasurer Lorene Hanson, and County Assessor Alisa Jacobsen. Absent were Commissioners Jon Waibel and Buck Nordlof.

      Appeals of Estimated Market Value

      Chair Ed Arnesen read the rules of appeals that included: Only Estimated market values not tax amounts can be appealed at this time, appeals will be done one at a time, and no decision on an appeal will be done until all appeals are heard. He also explained that the valuation period the Assessor’s Office use is from sales during October 1, 2021 through September 20, 2022. County Assessor Alisa Jacobsen explained the Valuation process and state guidelines that affect those values. 

      Property Owners and Motions

      County Assessor Alisa Jacobsen informed the board of the valuation change requests and reviewed the properties in question, recent sales and values for the following property owners: Tammy Harris, Zeke Beckel, Dan Finnie, Talon Stammen, Jacob Mertens, Kyle Colbert, Betty Frohreich, Jim Frohreich, and Scott Pahlen.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to adjust values per the attached recommendations from the County Assessor: Tammy Harris (P#62.50.00.100), Zeke Beckel (P#60.56.07.010), Dan Finnie (P#02.29.32.010), Talon Stammen (P#03.51.02.120), Jacob Mertens (P#06.02.42.010).

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to leave the values as they are: Kyle Colbert property owner Swiftwater Township (P#43.05.32.000 & P#43.06.41.010).

      Motion 

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to leave the values as they are: Betty Frohreich property owner Wheeler Township(P#19.32.11.010), Jim Frohreich property owner Wheeler Township (P#19.29.43.000).

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendation on the following property:

      Scott Pahlen- property owner Prosper Township  P#16.55.01.220 decrease in total value from 778,700 to 700,000 due to adjustment in building value from 578,700 to 500,000.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the public hearing for Board of Equalization and open the regular meeting.

      LEGISLATIVE UPDATE

      Commissioner Ed Arnesen gave an update on various topics he has been actively working on with the lobbyist that included: NWA Relief, Williams School Building, PILT, and Lodging Tax. Commissioner Arnesen informed the board and public that the legislation for the Northwest Angle, Lodging Tax, and Payment in Lieu of Taxes (PILT) had passed. Chair Ed Arnesen introduced Senator Steve Green and Representative Matt Grossell. Senator Green and Representative Grossell discussed the following legislative topics in more detail: Inflation, FMLA, NWA Relief, Williams School, Law Enforcement, and Public Safety. Commissioner Ed Arnesen introduced Deputy Sheriff Ben Duick. Deputy Sheriff Ben Duick discussed Safeboats and how they would be a benefit for Lake of the Woods County. 

      ASSOCIATION OF MINNESOTA COUNTIES (AMC)

      Member Engagement Coordinator Ryan Erdmann, MACSSA Director Matt Freeman, and LPHA Director Kari Oldfield-Tabbert from AMC thanked the board for inviting them to the Northwest Angle and gave an update on some of the actions they have taken to assist Minnesota counties that included: Tax Forfeited Properties, PILT, Corrections/Probations, Public Safety, and Wetlands.

      PUBLIC WORKS

      County Engineer Anthony Pirkl gave an update on various projects.

      Purchase of Survey Equipment

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of survey equipment in the amount of $28,754.91, $20,000 will be paid by SWCD leaving $8,754.91 to be paid for from Highway funds.

      Approval of JD-28 Quote

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the quote from Denton Earthworks in the amount of $126,668.93 for JD-28 maintenance/repair to be paid for out of FEMA funds.

      Part-Time Hire of Bob Peterson for Spraying

      County Engineer Anthony Pirkl asked the board to consider hiring former employee Bob Peterson on a part-time/temporary basis to assist Curt Ferrier with spraying.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Ed Arnesen and carried unanimously to approve the part-time hire of Bob Peterson at $35.00 per hour effective next full pay period.

      ECONOMIC DEVELOPMENT AUTHORITY

      Economic Development Specialists Lucas Wakefield and McKayla Carter gave an update on various projects they are working on in the county that included: Project Repair Public Accesses, Broadband, Digital Connectivity, Land Grant for Community Building, Farmers Markets, AG Processing and Food Supply.

      Northerly Park Update-Joe Laurin

      Joe Laurin gave an update on the progress of Northerly Park and various projects that included: Park Arch, Old Mine Cart, LOTW Commercial Fishing Boat for display, and a resort event happening on September 2nd

      HAGEN PROPERTY DISCUSSION

      The board discussed the property owned by Carl Hagen on Magnuson Island.

      RECESS

      With no further business before the Board Chair Ed Arnesen called the meeting to recess at 12:32 pm. to be followed by the Road Tour.

      Attest: June 27, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chair Ed Arnesen

      June 12, 2023

      Lake of the Woods County Board of Appeal and Equalization

      June 12, 2023

      Continued June 13, 2023

      The Lake of the Woods County Board of Appeal and Equalization met on Monday, June 12, 2023, in the Commissioners’ Room of the Lake of the Woods County Government Center.  

      Call to Order

      County Board Chair Ed Arnesen called the meeting to order at 6:00 p.m. with the following members present:  Commissioners:  Joe Grund, Buck Nordlof, Ed Arnesen, Cody Hasbargen and County Auditor-Treasurer Lorene Hanson. Absent was Commissioner Jon Waibel.  Also present were: County Assessor Alisa Jacobsen, Assessment Technician Emily Brandt, and Appraiser Tyler Swanson.  County Recorder Sue Ney swore in the members of the Lake of the Woods County Board of Appeal and Equalization for 2023. 

      County Board Chair Ed Arnesen explained the purpose of the Board of Appeal and Equalization. He reminded the public that this meeting was only to hear appeals of the estimated market value (EMV) or classification, not for taxes or prior years’ assessments.  He further explained that all appeals would be heard before any action would be taken.

      County Assessor

      County Assessor Alisa Jacobsen explained that the valuation period is from sales during October 1, 2021, through September 30, 2022, and discussed adjustments that had been made during the past year. 

      Property Owners

      Meeting with the County Board was Scott Phalen, property owner in Prosper Township. 
      Mr. Phalen relayed his concern on the market value of his property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.

      Meeting with the County Board was Jim Frohreich, property owner in Wheeler Township, Mr. Frohreich relayed his concern on the market value of his property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.

      Meeting with the County Board was Jim Frohreich, on behalf of his mother Betty Frohreich, property owner in Baudette Township.   Mr. Frohreich relayed his concern on the market value of his mother’s property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.  

      Meeting with the County Board was Kyle Colbert, property owner in Swiftwater Township. 
      Mr. Colbert relayed his concern on the market value of his property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.  In addition, she reviewed the different classifications of brush, woods and tillable acres.

      Value Changes

      County Assessor Alisa Jacobsen presented additional changes, see attached list, that were received in her office within the previous ten days prior to the Board of Equalization meeting.

      Recess

      Motion

      Motion was made by Commissioner Buck Nordlof to recess and set a Continuation Board of Equalization meeting for Tuesday, June 13, 2023, at 10:00 a.m. at the Northwest Angle. The motion was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried.  County Board Chair Ed Arnesen recessed the Lake of the Woods County Board of Appeal and Equalization meeting for 2023 at 8:00 p.m. 

      ————————————————–

      Reconvene Board of Equalization – June 13, 2023

      Motion
      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting and re-open the 2023 Board of Appeal and Equalization meeting at 10:25 a.m. at the Northwest Angle with the following members present:  Commissioners:  Joe Grund, Cody Hasbargen, Ed Arnesen and County Auditor-Treasurer Lorene Hanson. Absent was Commissioner Jon Waibel and Buck Nordlof.  It was noted that County Recorder Sue Ney swore in the members of the Lake of the Woods County Board of Appeal and Equalization for 2023 at the meeting on June 12, 2023. 

      County Board Chair Ed Arnesen explained the purpose of the Board of Appeal and Equalization. He reminded the public that this meeting was only to hear appeals of the estimated market value (EMV) or classification, not for taxes or prior years’ assessments.  He explained that all appeals would be heard before any action would be taken.  He also explained that the valuation period the Assessor’s Office use is from sales during October 1, 2021, through September 30, 2022.

      Property Owners

      Meeting with the County Board was Rick McKeever, property owner in Angle Township. 
      Mr. McKeever relayed his concern on the market value of his property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.

      Action

      After hearing all the appeals, questions, comments and research reviewed, the following actions were taken:

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to adjust values per the attached recommendations from the County Assessor: Tammy Harris (P#62.50.00.100), Zeke Beckel (P#60.56.07.010), Dan Finnie (P#02.29.32.010), Talon Stammen (P#03.51.02.120), Jacob Mertens (P#06.02.42.010).

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendation on the following property and to leave the value as it is: Rick Mckeever property owner Angle Township(P#06-0424-000).

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to leave the values as they are: Kyle Colbert property owner Swiftwater Township (P#43.05.32.000 & P#43.06.41.010).

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to leave the values as they are: Jim Frohreich property owner Wheeler Township (P#19.29.43.000) and Betty Frohreich property owner Wheeler Township (P#19.32.11.010).

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendation on the following property:

      Scott Pahlen- property owner Prosper Township P#16.55.01.220 decrease in total value from $778,700 to $700,000 due to adjustment in building value from $578,700 to $500,000.

      Adjourn

      Motion was made by Commissioner Cody Hasbargen seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the County Board of Appeal and Equalization meeting for 2023.  County Board Chair Ed Arnesen adjourned the Lake of the Woods County Board of Appeal and Equalization meeting for 2023, at 10:45 a.m. 

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the public hearing for Board of Equalization and open the regular meeting.

      Attest: Approved: June 27, 2023

      _________________________________ ______________________________________
      Lorene Hanson, County Auditor-Treasurer Ed Arnesen, County Commissioner Board Chair

      June 6, 2023

       June 6, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, June 6, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      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: Buck Nordlof, Ed Arnesen, Jon Waibel, Cody Hasbargen and Joe Grund. Also present by phone was Auditor-Treasurer Lorene Hanson. 

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Roof Repair, and Northwest Angle Agenda Discussion.

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of May 23, 2023.

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $49,995.93; Commissioners Warrants $5,557.76; Commissioners Warrants $5,541.36; Commissioners Warrants $1,824.00.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $41,197.77; Road & Bridge $14,736.56; County Development $18,150.00; Solid Waste $12,533.32; EDA $126.00.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 6/06/2023 For Payment 6/09/2023

      Vendor Name Amount

      Auto Value Baudette 2,420.92

      ByteSpeed, LLC 23,808.00

      Cenex Co-Op Services, Inc. 2,564.46

      Howard’s Oil Company 2,757.52

      Just For Kix 2,100.00

      LOW Highway Dept 5,085.00

      LOW Historical Society 18,000.00

      Northwest Tire Inc 2,543.54

      Nw Mn Household Hazardous 2,001.00

      Quadient Finance USA Inc. 2,000.00

      39 Payments less than 2000 23,463.21

      Final Total: 86,743.65

      Further moved to authorize the payment of the following auditor warrants: May 23, 2023 for $733,616.02; May 31, 2023 for $1,965,233.76

      Set Date for Public Hearing- Large Event Ordinance

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a Public Hearing for the Large Event Ordinance for June 27, 2023 at 10:00 a.m.

      Human Resources

      Permission to Hire Family Based Services Provider

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the hire of Aspen Thompson as the Family Based Services Provider at Grade 10, Step 1, $21.16 per hour, points 241 effective June 26, 2023.

      Permission to Hire Social Worker

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the hire of Whitney Nelson as a Social Worker at Grade 13, Step 1, $24.73 per hour, points 298 effective June 6, 2023.

      Permission to Hire Part-time E911 Corrections Officer

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the hire of Casandra Paulsen as the Part-time E911 Corrections Officer at Grade 11, Step 1, $22.28 per hour, points 253 effective June 12, 2023.

      Public Works

      County Engineer Anthony Pirkl gave an update on various projects in the Highway and Solid Waste Departments.

      Roof Repair

      MIS Director Peder Hovland informed the board of the need to repair the roof on the Government Center building due to damage caused by leaking and discussed quotes he has received.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to accept the quote from North Central Insulation in the amount of $162,912.00 to repair the Government Center building roof.

      Legislative Update

      Chair Ed Arnesen gave a brief update on various legislative topics that included NCLUB, and PILT.

      NWA Meeting Discussion

      The board discussed and made plans for the upcoming meeting that will take place at the Northwest Angle.

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 9:33 a.m.

      Attest: June 27, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen