August 22, 2023

Tuesday, August 22, 2023

TIME TAB

9:00 a.m. #1 Pledge to the Flag                                      

Approve Agenda

Approve Minutes of August 8, 2023

9:05 a.m. #2 Social Services

  • Claims

9:10 a.m. #3 Auditor/Treasurer

  • Claims

9:15 a.m. #4 Cody Underdahl

  • DOC Update

9:35 a.m. #5 Public Works Hwy/Solid Waste

  • Updates

9:50 a.m. #6 Sheriff

  • Purchase of Service Agreement

9:55 a.m. #7 Land & Water

  • Adoption of Rainy Rapid Workplan

10:10 a.m. #8 RECESS

10:15 a.m. #9 Work Session

  • Budget Meeting

Correspondence: Attorney General

Old/New Business

  • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • Home Health Care Task Force
  • Law Enforcement Center
  • Tourism/Lodging Tax 
  • Centennial

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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

      August 8th, 2023

      Tuesday, August 8, 2023

      TIME TAB

      9:00 a.m. #1 Pledge to the Flag                                      

      Approve Agenda

      Approve Minutes of July 25, 2023

      9:05 a.m. #2 Social Services

      • Claims

      9:10 a.m. #3 Auditor/Treasurer

      • Claims
      • Set Work Session-Commissioners
      • Permission to Hire Environmental Specialist

      9:15 a.m. #4 Public Works: Highway/Solid Waste

      • Updates
      • Salary

      9:30 a.m. #5 Land & Water

      • Scott Head-Grade 
      • CUP #23-11CU Mayfield
      • CUP #23-12CU Eklund

      9:45 a.m. #6 IT

      • Eagleview Flyover

      10:00 a.m. #7 County Surveyor

      10:15 a.m. #8 Attorney

      11:00 a.m. #9 RECESS

      Correspondence: Public Information Session-Watershed

      Old/New Business

      • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
      • Land Trade
      • Township Road Inventory
      • Home Health Care Task Force
      • Law Enforcement Center

      Microsoft Teams meeting 

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      +1 929-336-2435,,309462229# United States, New York City 

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      August 30, 2022

      AGENDA

      Tuesday, August 30, 2022

      TIME TAB

      9:00 a.m. #1 Pledge to the Flag

      Approval of Agenda

      Approve Minutes of August 16, 2022

      9:05 a.m. #2 Social Services

      • Claims

      9:10 a.m. #3 Auditor/Treasurer

      • Claims
      • Wheelers Point: On/Off sale & Sunday

      9:15 a.m. #4 Sheriff

      • Permission to Hire
      • Part-time Dispatch

      9:20 a.m. #5 Human Resources

      • Set Date Department Head Reviews

      9:30 a.m. #6 Public Works

      • Highway
      • Update
      • Solid Waste
      • Solid Waste Assessment Discussion

      9:45 a.m. #7 Union Negotiations – Closed Session

      • Close Regular Meeting/Open Closed Session
        • Union Negotiations(Pursuant MN Statute 13D.03)
      • Close Closed Session/Open Regular Meeting –

      10:30 a.m. #8 RECESS 

      10:35 a.m. #9 Budget Meeting

      Old/New Business

      • Lessard – Sams Outdoor Heritage Council/Outdoor Heritage Fund
      • Land trade
      • Township Road Inventory
      • Home Health Care Task Force
      • Law Enforcement Center
      • Tourism/Lodging Tax
      • Centennial
      • Water Level

      Information to attend by web or phone:
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      August 30, 2022

      August 30, 2022

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 30, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

      Call To Order

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

      Approval of Agenda

      Motion

      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following changes: Add: MPCA SSTS Grant, and Land Rent. Remove: Wheelers Point On/Off Sale & Sunday.

      Approval of Minutes

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the minutes from August 16, 2022.

      Social Services

      Claims

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $3,967.88; Commissioners Warrants $5,698.71; Commissioners Warrants $6,331.42.

      Auditor/Treasurer

      Claims

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $60,442.27; Road & Bridge $5,124.76; Solid Waste $27,331.38; Economic Development $966.42.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 8/30/2022 For Payment 8/31/2022

      Vendor Name Amount

      Counties Providing Technology 4,052.00

      Erickson/Sonja K. 3,000.00

      Integris DBA 14,388.38

      Lake Area Construction Inc 11,630.00

      North East Technical Service,Inc 9,672.50

      Pemberton Law, P.L.L.P. 3,234.50

      Rolyan Buoys 5,074.65

      Royal Tire Inc 9,970.36

      SeaChange Print Innovations 2,412.53

       SHI International Corp 4,171.90

       U.S. Bank Equipment Finance 6,268.50

       33 Payments less than 2000 19,989.51

      Final Total: 93,864.83

      Further moved to authorize the payment of the following auditor warrants: August 17, 2022 for $12,690.28; August 24, 2022 for $15,832.28; August 25, 2022 for $315. 00. 

      Land & Water

      Approval of MPCA Subsurface Sewage Treatment System Program Grant

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel to approve the annual MPCA Subsurface Sewage Treatment System Program Grant that was presented by Land & Water Director Josh Stromlund. 

      Sheriff

      Permission to Hire Part-time Dispatcher

      Motion

      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the hire of Amy Pedersen as part-time dispatcher at Grade 10, Step 1, 20.59 per hour at 237 points effective August 22,2022. 

      Human Resources

      Set Date for Department Head Reviews

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set the date for department head reviews for September 6, 2022 at 10:00a.m.

      Public Works

      Highway

      County Engineer Anthony Pirkl gave an update on various Highway Department projects that included: Bridge on 53, County Road 8, County Road 30-Wabanica RD, and gravelling.

      Solid Waste

      Add to Agenda

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to add Permission to Advertise, Interview, & Hire to the Agenda.

      Permission to Advertise, Interview, & Hire

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve permission to advertise for, interview, & hire a Solid Waste Processor at Grade 11, Step 1, 21.68 per hour at 265 points.

      Solid Waste Assessment Discussion

      County Engineer Anthony Pirkl discussed assessment cost changes with the board and the need to raise the solid waste assessment from $120.00 to $130.00 per unit, and for resorts to pay the full assessment fee and an additional ice road assessment fee moving forward in the payable 2023 assessment year. This is at the recommendation of the Solid Waste Committee due to rising costs in processing solid waste. Approval of this recommendation will be added to the next board meeting.

      Solid Waste Update

      County Engineer Anthony Pirkl informed the board that he did hear back from Koochiching County about the possibility of hauling demo work there. Koochiching County is interested in this agreement contingent on their permit. The discussion will continue over the next year.

      Union Negotiations

      Motion 

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting at 9:33a.m. and open the closed session pursuant to MN Statute 13D.03 Union Negotiations. 

      The following were present: Commissioners: Joe Grund, Buck Nordlof, Cody Hasbargen, Jon Waibel, Ed Arnesen, County Auditor/Treasurer Lorene Hanson, County Engineer Anthony Pirkl, and Human Resources Director Savanna Slick.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session at 10:50a.m. and open the regular meeting. 

      Land Rent

      Motion

      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to advertise for bids for leasing land and with the acres certified through FSA.

      RECESS

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

      Attest: September 13, 2022

      ______________________________ _________________________________

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

      August 16, 2022

       AGENDA

      Tuesday, August 16, 2022

      TIME TAB

      9:00 a.m. #1 Pledge to the Flag

      Approval of Agenda

      Approve Minutes of July 26, 2022

      9:05 a.m. #2 Social Services

      • Claims

      9:10 a.m. #3 Auditor/Treasurer

      • Claims
      • Appointment of Arrowhead Library Member
      • Colleen Stanton
      • Election Recount Agreement

      9:20 a.m. #4 Maintenance

      • Resolution: Dennis Beckel

      9:25 a.m. #5 Appoint Committee Member

      • Alisa Jacobsen/Mary Jo Otten

      9:35 a.m. #6 Emergency Management

      • 2021 EMPG Grant
      • Large Event Ordinance-Event Permit

      9:45 a.m. #7 Public Works

      • Permission to Hire
      • Cell Phone Stipend
      • Kraig Stokke
      • Permission to Advertise Interview & Hire
      • Temporary HEO
      • Updates

      10:00 a.m. #8 Land & Water

      • CUP #22-01ZC-Jennice Hayden
      • CUP #22-02ZC-Jennice Hayden
      • CUP #22-03ZC-Jennice Hayden
      • CUP #22-04ZC-Nels Holte

      10:30 a.m. #9 RECESS

      10:35 a.m. #10 Budget Work Session: Social Services

      Old/New Business

      • Lessard – Sams Outdoor Heritage Council/Outdoor heritage Fund
      • Land Trade
      • Township Road Inventory
      • Home Health Care Task Force
      • Law Enforcement Center
      • Tourism/Lodging Tax
      • Centennial
      • Water Level

      Information to attend by web or phone:
      https://lotw20.my.webex.com/join.peder_h
      Dial in: 1-408-418-9388
      Access Code: 627433446

      August 16, 2022

      COMMISSIONER PROCEEDINGS

      August 16, 2022

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

      Call To Order

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

      Approval of Agenda

      Motion

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

      Approval of Minutes

      Motion

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

      Social Services

      Claims

      Motion

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

      Phone Stipend

      Motion

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

      Auditor/Treasurer

      Claims

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

      Warrants for Publication

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

      Vendor Name Amount

      Cenex Co-Op Services, Inc. 20,583.68

      CentralSquare Technologies, LLC 2,066.37

      Contech Engineered Solutions LLC 39,208.30

      Erickson Timber Products 13,600.00

      Fort Distributors Ltd 34,500.00

      GM Construction Inc 2,217.98

      Hometown Hardware 2,182.68

      Howard’s Oil Company 7,880.47

      Integris DBA 4,419.30

      Lake Area Construction Inc 11,400.00

      Larkin Hoffman Attorneys 3,132.25

      Lavalla Sand & Gravel Inc 57,690.50

      LOW Highway Dept 4,002.00

      LOW School District–390 3,000.00

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

      Mar-Kit Landfill 18,254.00

      Meuser Law Office PA 60,000.00

      Naylor Heating & Refrigeration LLC 2,115.57

      Northern Light Region 2,409.50

      Pennington County Sheriff Office 6,448.93

      R & Q Trucking, Inc 3,266.28

      SeaChange Print Innovations 7,313.81

      T-C Lighting 33,182.50

      Voice Products 2,402.00

      Wex Bank 2,272.04

      87 Payments less than 2000 31,673.62

      Final Total   $435,231.78

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

      Appointment of Arrowhead Library Board Member

      Motion

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

      Election Recount Agreement

      Motion

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

      Maintenance

      Resolution

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

      RECOGNITION OF YEARS OF SERVICE

      DENNIS BECKEL

      RESOLUTION 2022-08-01

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

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

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

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

      Appoint Committee Member

      Motion

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

      Northwest Angle Assessing

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

      Emergency Management

      2021 EMPG Grant

      Motion

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

      Large Event Ordinance-Event Permit

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

      Motion

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

      Water Update

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

      Public Works

      Permission to Hire

      Motion

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

      Permission to Hire

      Motion

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

      Phone Stipend

      Motion

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

      Permission to Advertise Interview & Hire

      Temporary Heavy Equipment Operator

      Motion

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

      Updates

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

      Recess

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

      Land & Water

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

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

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

      Motion

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

      Lake of the Woods County 

      Rezoning

      Findings of Fact and Decision

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

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

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

      ___Yes X  No

      Comments:No plan submitted
      1. Are the existing surrounding land uses consistent with the proposed zoning classification?

        X  Yes ___No

      Comments:No change
      1. Will the zone change alter the characteristics of the neighborhood?

      ___Yes X  No

      Comments:No change
      1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

      ___Yes X  No

      Comments:No change
      1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

      ___Yes X  No

      Comments:None
      1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

      ___Yes X  No

      Comments:No change
      1. Has there been a change in the development in the general area of the property in questions?

      ___Yes X  No

      Comments:No change

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

      ___Yes X  No

      Comments:No change
      Conditions: 

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

      August 16, 2022 _____________________________________

               Date James Nordlof

      Chairman, Lake of the Woods County Board

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

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

      Motion

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

      Lake of the Woods County 

      Rezoning

      Findings of Fact and Decision

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

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

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

      ___Yes X  No

      Comments:No plan for the property submitted
      1. Are the existing surrounding land uses consistent with the proposed zoning classification?

        X  Yes ___No

      Comments:No change
      1. Will the zone change alter the characteristics of the neighborhood?

      ___Yes X  No

      Comments:No change
      1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

      ___Yes X  No

      Comments:No change
      1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

      ___Yes X  No

      Comments:None
      1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

      ___Yes X  No

      Comments:No change
      1. Has there been a change in the development in the general area of the property in questions?

      ___Yes X  No

      Comments:No change

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

      ___Yes X  No

      Comments:No change
      Conditions: 

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

      August 16, 2022 ______ _______________________________

      Date James Nordlof

      Chairman, Lake of the Woods County Board

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

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

      Motion

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

      Lake of the Woods County 

      Rezoning

      Findings of Fact and Decision

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

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

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

        X Yes ___No

      Comments:Recreational use
      1. Are the existing surrounding land uses consistent with the proposed zoning classification?

      X Yes ___No

      Comments:Mostly state land and tribal land
      1. Will the zone change alter the characteristics of the neighborhood?

      ___Yes X  No

      Comments:Limited residential use
      1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

      ___Yes X  No

      Comments:No change
      1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

      ___Yes X  No

      Comments:None
      1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

      ___Yes X  No

      Comments:No change
      1. Has there been a change in the development in the general area of the property in questions?

      ___Yes X  No

      Comments:None

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

      ___Yes X  No

      Comments:No change
      Conditions: All buildings must follow all property setbacks
      Any septic system must be approved

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

      August 16, 2022 ______ _______________________________

      Date James Nordlof

      Chairman, Lake of the Woods County Board

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

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

      Motion 

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

      Lake of the Woods County 

      Rezoning

      Findings of Fact and Decision

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

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

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

       X  Yes ___No

      Comments:Currently residential
      1. Are the existing surrounding land uses consistent with the proposed zoning classification?

       X  Yes ___No

      Comments:Additional residential in area
      1. Will the zone change alter the characteristics of the neighborhood?

      ___Yes X  No

      Comments:No change
      1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

      ___Yes X  No

      Comments:No change
      1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

      ___Yes X  No

      Comments:No change
      1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

      ___Yes X  No

      Comments:No change
      1. Has there been a change in the development in the general area of the property in questions?

      ___Yes X  No

      Comments:No change

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

      ___Yes X  No

      Comments:No change
      Conditions: Homeowner should consider the following items:
      A permanent ring dike to encircle structure and septic system. It may be reinforced with rip rap
      Repair rip rap along shoreline. 
      Consider construction of breakwater to reduce wave energy.

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

      August 16, 2022 ______ _______________________________

      Date James Nordlof

      Chairman, Lake of the Woods County Board

      Lake of the Woods County Fair Board

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

      RECESS

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

      Attest: August 30, 2022

      ______________________________ _________________________________

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

      September 7, 2021

      Commissioner Proceedings

      September 7, 2021

      The Lake of the Woods County Board of Commissioners met in special session on Tuesday, September 7, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

      CALL TO ORDER

      Chair Joe Grund called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Cody Hasbargen, Buck Nordlof, Jon Waibel and Ed Arnesen.  Also present: Auditor-Treasurer Lorene Hanson, Attorney James Austad, County Engineer AJ Pirkl.

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda.

      PUBLIC HEARING – PETER JONES CARTWAY

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting at 7:05 p.m. and open the Public Hearing for the Cartway. (Pursuant to MN Statute 164.08 to establish a Cartway.)

      The following were present: Commissioners: Joe Grund, Cody Hasbargen, Buck Nordlof, Jon Waibel and Ed Arnesen.  Also present: Auditor-Treasurer Lorene Hanson, Attorney James Austad, County Engineer AJ Pirkl.  In addition, attending the public hearing were: Timothy Lyon, Terry Brown, Alan Fish, David Bathel, Brandy Christian, John Dodds, and Steven Anderson.

      Chair Joe Grund reviewed the cartway petition received from Peter Jones.  Grund explained that the County Board viewed the location of the proposed cartway and alternate routes on August 24, 2021.   

      Attorney Steve Anderson, representing Peter Jones, discussed the cartway and the potential easements that could take place in lieu of a cartway.

      Discussion was heard from the floor, regarding the different options.

      RECESS
      A brief recess was taken at 7:45 p.m., the public hearing continued at 8:00 p.m.

      It was the consensus of the affected parties to request an extension of 30 days to review their options.

      Motion

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

      Motion
      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to extend a 30-day continuation to review options.  A public hearing for the cartway will be reset for Tuesday, October 12, 2021 at 7:00 p.m. at the Lake of the Woods County Government Center, Commissioners Room.

      RECESS
      With no further business before the Board, Chair Joe Grund called the meeting to recess at 8:10 p.m.

      Attest: September 14, 2021

      _________________________________ _________________________________

      Auditor-Treasurer, Lorene Hanson Chair of the Board, Joe Grund 

      August 10, 2021

      Commissioner Proceedings

      August 10, 2021

      The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 10, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

      CALL TO ORDER

      Chair Joe Grund called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Cody Hasbargen, Ed Arnesen, Buck Nordlof, and Jon Waibel.  Also present: Jaime Boretski-LaValla. 

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add – Motion to Approve Grant Contract SPAP-21-0018-P-FY22, Add – COVID-19, Add – SURVEY.

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of July 27, 2021.

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $14,748.13; Commissioners Warrants $1,513.79; Commissioners Warrants $9,839.44.

      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 as follows: Revenue $199,589.79; Road & Bridge $240,515.32; Road & Bridge $15,025.56; Joint Ditch $7,708.25; Solid Waste $26,044.05; EDA $44.56. 

      WARRANTS FOR PUBLICATION

      Warrants Approved On 8/10/2021 For Payment 8/13/2021

      CentralSquare Technologies, LLC     138,296.48

      Contech Engineered Solutions LLC       14,245.00

      Counties Providing Technology         3,860.00

      Extreme Duty Ironworks         5,200.00

      Fort Distributors Ltd       34,020.00

      H & R Const.Co                       11,787.50

      Howard’s Oil Company       13,891.08

      Knife River Corporation     117,028.44

      Lavalla Sand & Gravel Inc       45,067.00

      LHB Inc         2,495.00

      LOW Highway Dept                       11,840.75

      Mar-Kit Landfill       16,746.50

      Motorola Solutions, Inc       42,612.50

      Northwest Tire Inc         3,350.00

      Woody’s Service                           2,626.94

      49 Payments less than 2,000                                       25,860.34

      Final Total:     488,927.53

      Further moved to authorize the payment of the following auditor warrants: July 28, 2021 for $12,271.74; August 5, 2021 for $64,965.64.

      Lost Warrant Affidavit
      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the application and affidavit for lost warrant number 93782 for vendor number 4662 dated June 2, 2021 for $1,250.00 without furnishing indemnifying bond. 

      Williams Potato Day Donation Request
      Motion
      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve a $500 donation to Potato Day from levied funds and an additional $750 donation to Potato Day from American Rescue Plan funds, if applicable, or Con Con funds.

      Motion to Approve Grant Contract SPAP-21-0018-P-FY22
      Motion
      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve Grant Contract SPAP-21-0018-P-FY22 with the State of Minnesota, acting through the Department of Employment and Economic Development, for a forgivable loan program for eligible remote recreational businesses in Lake of the Woods County that experienced loss in revenue due to the closure of the United States and Canadian border; and for Chair Joe Grund and Auditor-Treasurer Lorene Hanson to sign the same.

      HUMAN RESOURCES

      Law Enforcement Resignation

      Deputy Sheriff Brad Abbey submitted his resignation effective July 28, 2021.

      Permission to Advertise, Interview and Hire

      Motion
      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve permission to advertise, interview and hire for Deputy Sheriff at grade 12, points 282 or grade 13, points 288, if the candidate is coroner certified.

      PUBLIC WORKS
      Highway Update
      County Engineer AJ Pirkl provided an update on the status of current projects, including: ditch cleaning, paving and bridge work.

      Solid Waste Update
      County Engineer AJ Pirkl provided an update.  The process needed to get approval to haul garbage from the Northwest Angle to Steinbach, Manitoba is almost complete.

      SURVEY
      The County Surveyor will report back to the Board regarding a property marker and related property survey.

      MN GEOLOGICAL SURVEY
      Update on Lake of the Woods County Geologic Atlas
      Barbara Lusardi and Jordan Mayer from the Minnesota Geological Survey provided an update to the Board on their progress with the Lake of the Woods County Geological Atlas.

      COVID-19
      Commissioner Ed Arnesen is communicating with CHI LakeWood Health’s Public Health Manager, Kay M. Schell, regarding COVID-19 testing equipment for the Northwest Angle.

      RECESS
      With no further business before the Board, Chair Joe Grund called the meeting to recess at 10:18 a.m.

      Attest: August 24, 2021

      _________________________________ _________________________________

      Deputy Auditor/Treasurer, Jaime Boretski-LaValla Chair of the Board, Joe Grund