October 24, 2023

The Lake of The Woods County Board of Commissioners met in regular session on October 24, 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, Cody Hasbargen, Jon Waibel, Buck Nordlof and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. 

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: Permission to Sign Closing Documents. Remove: Hoffman, Phillipp, & Martell, PLLC Audit Exit Review.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of October 10, 2023.

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 $5,369.60; Commissioners Warrants $1,152.01; Commissioners Warrants $6,473.27.

2024 MFIP Contract

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the 2024 Minnesota Family Investment Program (MFIP) Purchase of Services Contract.

Auditor/Treasurer

Claims

Motion

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 $102,989.46; Road & Bridge $162,103.81; County Development $950.00; Joint Ditch $10,900.00; Solid Waste $17,597.43; EDA $1,108.41; Tourism $65,030.89.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/24/2023 For Payment 10/27/2023

Vendor Name Amount

Baudette/City Of 32,100.00

Braun Intertec Corporation 12,581.75

Cenex Co-Op Services, Inc. 8,088.55

Counties Providing Technology 4,204.00

Dentons Dirt Worx, LLC 17,304.50

Dodge of Burnsville Inc 78,318.00

Erickson Engineering Company, LLC 5,117.00

Gamache/Micheal D 9,900.00

John Deere Financial 2,118.80

Lake Superior College 3,150.00

Larkin Hoffman Attorneys 11,725.00

LaValla Electric DBA/Ned 6,746.24

LOW Area Tourism Bureau 32,930.89

Mn Dept Of Transp 5,864.63

Motorola Solutions, Inc 7,094.88

North East Technical Service,Inc 9,362.07

Northwest Mn Multi-County Hra 40,000.00

Outdoors Again 2,072.95

Team Lab 35,406.25

Titan Machinery – Roseau 2,227.25

U.S. Bank Equipment Finance 6,268.50

Wex Bank 2,678.14

40 Payments less than 2000 25,420.60

Final Total: 360,680.00

Further moved to authorize the payment of the following auditor warrants: October 11, 2023 for $41,097.65; October 18, 2023 for $88,544.58

Approval of the State of Minnesota Special Law Authorization

Resolution

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

COUNTY OF LAKE OF THE WOODS

RESOLUTION NO. 23-10-03

A RESOLUTION TO APPROVE STATE OF MINNESOTA SPECIAL LAW AUTHORIZING LAKE OF THE WOODS COUNTY LODGING TAX

WHEREAS, on May 21, 2023 the Minnesota Senate approved Finance HF Bill1938 (“Special Law”) authorizing a special Lake of the Woods County lodging tax.

WHEREAS, on May 23^rd, 2023 the bill was presented to Governor Timothy Walz and was subsequently approved by Governor Walz on May 24th 2023 and filed with the Minnesota Secretary of State on May 24th 2023.

WHEREAS, said Special Law authorizes:

the Board of Commissioners of Lake of the Woods County to impose, by ordinance, a tax of up to 3% on gross receipts in Lake of the Woods County subject to the lodging tax provisions under Minnesota statute section 469.190;

the provisions of paragraph(a) do not apply to any statutory or home rule city or town located in Lake of the Woods County that imposes a lodging tax under Minnesota Statutes, section 469.190, or the city of Baudette. The total tax imposed under Minnesota Statutes, section 469.190, and this section must not exceed 3%.

To the extent not inconsistent with Minnesota Statutes, section 469.190, this section is governed by Minnesota Statutes, section 469.190.

Revenues derived from taxes imposed under this section must be used to fund a new Lake of the Woods County Event and Visitors Bureau, as established by the Board of Commissioners of Lake of the Woods County, for purposes of marketing Lake of the Woods County. The Board of Commissioners must annually review the budget of the Event and Visitors Bureau. The Event and Visitors Bureau may receive revenues raised from the taxes imposed under the section only upon annual approval by the Board of Commissioners of the Event and Visitors Bureau budget.

EFFECTIVE DATE: this section is effective the day after the governing body of Lake of the Woods County and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions two and three. 

WHEREAS, at a regular Board meeting held on October 24th 2023, the Board of Commissioners of Lake of the Woods County reviewed and discussed the Special Law.

WHEREAS,  following discussion and by unanimous vote of all of the members of the Lake of the Woods County Board of Commissioners, the Special Law was approved.

WHEREAS, the Board of Commissioners directed chief clerical officer, Lorene Hanson, Lake of the Woods County Auditor-Treasurer to file with the Secretary of State of Minnesota, a certification stating the essential facts necessary to validly approve the Special Law including a copy of the Resolution.

NOW THEREFORE, BE IT RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS LAKE OF THE WOODS COUNTY, MINNESOTA AS FOLLOWS:

By unanimous vote, the Board of Commissioners of Lake of the Woods County accepts and approves the Special Law (HF 1938) which was approved by the Governor on May 24th 2023.

The Chief clerical officer of Lake of the Woods County, Lorene Hanson, Lake of the Woods County Auditor-Treasurer shall forthwith file a certificate with the Minnesota Secretary of State stating the essential facts necessary to confirm valid approval of said Special Law. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 24^th day of October, 2023. 

Approval of Insurance Rates

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve a $25.00 health insurance single and family cap increase for 2024. 

AIRMED Guardian Flight Contract Renewal

Motion

Motion was made by Commissioner Joe Grund, seconded by Buck Nordlof and carried unanimously to approve the renewal of the AirMed Contract Agreement for 2024.

Approval of Consulting Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Consulting Services Contract between USI Consulting Services Inc. and Lake of the Woods County effective January 1, 2025 to December 31, 2025.

Veterans Grant Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the State of Minnesota Department of Veterans Affairs Grant in the amount of $7,500.00.

Approval to Sign Closing Documents-Land Purchase

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the closing documents for the purchase of the Johnson property and for County Auditor-Treasurer Lorene Hanson and Chair Ed Arnesen to sign the same. 

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various road projects and gave a reminder for the upcoming Solid Waste meeting November 9, 2023 at 9:00 a.m.

Human Resources

Permission to Hire Part-Time Dispatch

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the re-hire of Amanda Peterson as part-time dispatch at Grade 11, Step 3, $23.22 per hour at 253 points effective after November 1, 2023.

Financial Assistance Supervisor Grade Increase

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve a grade increase for Financial Assistance Supervisor Angie Eason from Grade 15, Step 12 to Grade 16, step 12 $35.97 per hour at 369 points.

Social Worker Supervisor Grade Increase

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a grade increase for the Social Worker Supervisor Jodi Ferrier from Grade 18, Step 9 to Grade 19, Step 9 $40.12 per hour at 443 points.

Approval to Advertise, Interview, & Hire- Appraiser

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to Advertise, Interview, & Hire for a full-time Appraiser.

Approval of Grade Increases for Appraiser

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve Grade Increases for Appraiser I, II, & III from Grades 11, 13, 14 to Grade 12 points 280, Grade 14 points 316, Grade 15 points 339.

Approval of Grade Increase for Appraiser Tyler Swanson

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a grade increase for Appraiser II Tyler Swanson from Grade 13, Step 4 to Grade 14, Step 4 $27.77 per hour at 316 Points effective next pay period.

EDA Director Discussion

The board briefly discussed the recent vacancy of the EDA Director position.

Recess

A brief recess took place at 9:45 a.m. and reconvened at 9:50 a.m.

Ninth District Court

Request for Security Equipment

Court Administrator Pamela Shaw and Judge Dixon came to the board to request specific security equipment to be installed in the court room and court administration office.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request for three panic buttons, frost/tint on windows, a monitor, and cameras to be paid for out of ARPA funds.

Recess

A brief recess took place at 10:22 and reconvened at 10:40a.m. 

Closed Session-Union Negotiations

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 23-10-03

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 24^th, 2023 at 10:40 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.

2. 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 Buck Nordlof, 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.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at 11:06a.m.

Attest: October 24, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Ed Arnesen

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.

3. 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.

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

Why or why not?  Remain the same.

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?  Erosion protection for Lake of the Woods.

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?   No signs associated with this proposal.

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: ____________________________________________________

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.

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 (X)  NO (  )  N/A (  )

Why or why not?  No change.

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

Why or why not? ________________________________________________________________________

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

Why or why not? ________________________________________________________________________

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

Why or why not?  Riverside Drive Northwest.

8. 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.

9. 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.

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 (X)  NO (  )  N/A (  )

Why or why not?  No change.

12. 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.

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:

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.

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 (X)  NO (  )  N/A (  )

Why or why not?  No change as the access will be on frozen ground.

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 (X)

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

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

Why or why not? ________________________________________________________________________

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

Why or why not?  County Road 4 (Graceton Beach Road NW).

8. 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.

9. 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.

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 (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 30^th.

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

Why or why not?   No parking on site.

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 10^th, 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.

2. 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

October 25,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 25, 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 Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Health Insurance Motion, Cliffs Update. 

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from October 11, 2022.

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 $12,814.98; Commissioners Warrants $5,656.98; Commissioners Warrants 4,843.82.

Approval of County Credit Card for Katy Johnson

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve a county credit card for Katy Johnson.

Approval of Tri-Valley-RTC Transportation Contract

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Tri-Valley-RTC Transportation Contract as presented by Social Services Director Amy Ballard. 

Auditor/Treasurer

Claims

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $74,087.05; Road & Bridge $64,459.24; County Development $1,875.00; Solid Waste $14,276.94; EDA $1,055.17.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/25/2022 For Payment 10/28/2022

Vendor Name Amount

Accurate HD Ltd. 40,650.00

Cenex Co-Op Services, Inc. 16,640.90

E & L Electric Inc 4,400.00

Integris DBA 6,099.59

Integris LLC 2,515.36

Johnson Auto & Machine 2,370.07

Lake Area Construction Inc 28,925.00

Lake of the Woods Electric LLC 5,458.41

Larkin Hoffman Attorneys 7,375.00

Riopelle/David 5,000.00

SeaChange Print Innovations 5,285.69

U.S. Bank Equipment Finance 6,268.50

Whitt Environmental Services,Inc. 3,639.00

WIDSETH 3,125.00

48 Payments less than 2000 18,000.88

Final Total: 155,753.40

Further moved to authorize the payment of the following auditor warrants: October 14, 2022 for $45,237.70; October 19, 2022 for $338,005.43.

Approval of Health Insurance Rates

Motion

Motion was made by Commissioner Joe Grund seconded by Commissioner Jon Waibel and carried unanimously to approve the increase of the health insurance rates for family up to $1370.00 and individual up to $1020.00 effective January 2023. 

Public Works

County Engineer Anthony Pirkl gave a brief update on various projects in the highway department. 

Approval of Maintenance Agreement with City of Baudette

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the contract between Lake of the Woods County and the City of Baudette for road maintenance including: snow plowing, and street sweeping.

Agreement to Receive Bridge Bond Funds

Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and moved for adoption: 

RESOLUTION

AGREEMENT TO STATE TRANSPORTATION FUND

LOCAL BRIDGE REPLACEMENT PROGRAM

Grant Terms and Conditions

SAP   039-598-071

Resolution No. 22-10-02

WHEREAS, Lake of the Woods County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Bridge No. 39532; and

WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and

WHEREAS, the amount of the grant has been determined to be $141,279.20 by reason of the lowest responsible bid;

NOW THEREFORE, be it resolved that Lake of the Woods County   does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required.  The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.

Cliffs Natural Resources Update

The Commissioners discussed a request from Cliffs to amend the standards set in an agreement that was made between Lake of the Woods County, DNR, and Cliffs Natural Resources. No action was taken at this time.

RECESS

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

Attest: November 15, 2022

______________________________ _________________________________

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

October 11,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 11, 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 was: 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: Final Pay Authorization for SAP 039-649-005, Permission to Advertise/Interview/Hire Technician for Highway, Jail Update and Health Insurance. 

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the minutes from September 27, 2022.

Social Services

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $13,589.68; Commissioners Warrants $2,145.17; Commissioners Warrants $13,595.76.

Sanford TRF for Adult Mental Health Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the renewal of the Sanford Thief River Falls for Adults Mental Health Contract and for Social Services Director Amy Ballard and Chair Buck Nordlof to sign the same.

Joining the Meeting

Commissioner Joe Grund joined the meeting at 9:15a.m.

Auditor/Treasurer

Claims

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $72,599.66; Road & Bridge $80,858.50; Social Services $41.49; County Development $200.00; Joint Ditch $2,058.75; Solid Waste $45,335.48.

 WARRANTS FOR PUBLICATION

Warrants Approved On 10/11/2022 For Payment 10/14/2022

Vendor Name Amount

Baudette/City Of 6,000.00

Cdw Government, Inc 3,447.56

Cenex Co-Op Services, Inc. 4,399.99

Clark Equipment Co Dba Bobcat 4,407.10

Contech Engineered Solutions LLC 20,475.80

Counties Providing Technology 4,086.00

Erickson Timber Products 9,360.00

Greenview Landscaping, Inc 5,200.00

Howard’s Oil Company 11,553.85

Liberty Tire Recycling, LLC 8,747.72

LOW Highway Dept 5,725.50

Mar-Kit Landfill 14,885.00

Pennington County Sheriff Office 7,244.59

Rainy Lake Oil, Inc 2,436.15

Roseau County Sheriff Office 13,357.98

SeaChange Print Innovations 3,388.83

Sjoberg’s Inc 2,668.00

Titan Energy Systems, Inc 3,001.50

TNVC 3,880.53

Traffic Marking Service, Inc. 24,020.04

University Of Mn 9,618.63

53 Payments less than 2000 33,189.11

Final Total: 201,093.88

Further moved to authorize the payment of the following auditor warrants: September 28, 2022 for $296,977.96; October 4, 2022 for $557,617.61; October 6, 2022 for $544,250.36. 

Set Meeting Date-DNR

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to set a meeting date with the DNR for December 12, 2022 at 9:00 a.m.

Operational Enhancement Grant

Resolution

The following Resolution was offered by Commissioner Jon Waibel seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following:

RESOLUTION OF LAKE OF THE WOODS COUNTY

Operational Enhancement Grant Program

Resolution No 22-10-01

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program. The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Statutes 197.608 and Minnesota Laws 2021, 1^st Special Session, Chapter 12, Article 1, Section 37, Subdivision 2.  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County.  

WHEREUPON; the above resolution was adopted at the Lake of the Woods County Board of Commissioners Board meeting this 11^th day of October, 2022.

Health Insurance Rates

The board was informed of a possible increase of five percent to the health benefits premium. It was the consensus of the board to add this to the next agenda for discussion.

Human Resources

Salary Increase

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following department head salary increases: Recorder Sue Ney Grade 19, Step 9, at $39.05 per hour effective next pay period, Auditor/Treasurer Lorene Hanson Grade 23, Step 8, at $47.81 per hour effective next pay period, Commissioner Salary Adjustment increase from $500.00 to $1000.00 effective 2023.

Permission to Advertise, Interview, & Hire E911 Corrections Officer

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the permission to advertise, interview, & hire request for an E911 Corrections Officer at Grade 10, step 1, 237 points at $20.59 per hour. 

Permission to Advertise, Interview, & Hire Technician I, II , or Senior Level

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the permission to advertise, interview, & hire request for a Technician I, II, or Senior level at Grades 10, 12, or 13 depending on experience. 

Permission to Hire Solid Waste Processor

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to hire Greg Gagne for the solid waste processor position at Grade 11, step 1, 265 points at $21.68 per hour effective October 10, 2022. 

Public Health Flu Shots

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve public health to administer flu shots to county employees on October 25, 2022 at the Lake of the Woods County Government Center.

Land & Water

Consideration of Conditional Use Permit #22-11CU by Milo Ravndalen

The SE¼SE¼ of Section Twenty (20); the NE¼NE¼ of Section Twenty-nine (29); the NW¼NW¼ of Section Twenty-eight (28); the SW¼SW¼ of Section Twenty-one (21) all within Township One hundred Sixty-two (162) North, Range Thirty-four (34) West – Parcel ID#’s 17.20.41.000; 17.29.11.000; 17.28.22.000; 17.21.33.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow extractive and commercial use of the property consisting of aggregate mining, washing, and bituminous material, in a Rural Residential Zoning District (R2).

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve Conditional Use Permit #22-11CU/Findings of Fact by Milo Ravndalen to allow extractive and commercial use of the property consisting of aggregate mining, washing, and bituminous material, in a Rural Residential Zoning District (R2) with the following conditions:

1. Must maintain dust control
2. Hours limited to daylight hours.
3. Must follow proper blasting procedures including notification of residents.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Milo Ravndalen Date:  October 11, 2022

Location/Legal Description:  The SE¼SE¼ Section 20, NE¼NE¼ of Section 29, NW¼NW ¼ of Section 28, and the SW¼SW¼ of Section 21, all within Township 162N, Range 34W (Chilgren)

Project Proposal:  Applicant is requesting to allow extractive and commercial use of the property consisting of aggregate mining, washing, crushing, and bituminous material, in a Rural Residential Zoning District (R2). 

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

Why or why not? Aggregate development.

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 (X)  N/A (  )

Why or why not? It will affect topography through mining.

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? County Road 56.

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

Why or why not? Existing adjacent pit.

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

Why or why not?  __________________________________________________________________

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 (X)  N/A (  )

Why or why not? Will be required if installed.

15. 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? Natural vegetation.

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 (X)  NO (  )  N/A (  )

Why or why not? Via County Road 56.

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. Must maintain dust control.
2. Hours of operation are limited to daylight hours.
3. Must follow proper blasting procedures including notification of residents.

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

October 11, 2022 _____________________________________

Date James Nordlof

Chair, County Board

Consideration of Conditional Use Permit #22-12CU by Brandon and Alycia Fish

Lot 8, Block 1 of Lukes Estates in Section Twenty-four (24), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID # 19.58.01.080. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) Zoning District.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve Conditional Use Permit #22-12CU/Findings of Fact by Brandon and Alycia Fish to operate a short-term transient rental in a Residential Development (R1) Zoning District with the following conditions:

1. Parking on site only, no parking on Burr Oak Road
2. The Conditional Use Permit terminates upon sale or transfer of property
3. Hours of operation are as listed on application.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Brandon and Alycia Fish Date:  October 11, 2022

Location/Legal Description:  Lot 8, Block 1, Lukes Estates in Section 24, T. 162N, R. 32W

Project Proposal:  Applicant is requesting to allow the operation of a short-term transient rental in a 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? Housing in growth corridor.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Meets county’s new application/requirements.

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 (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________________________

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

Why or why not? _______________________________________________________________________

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

Why or why not? Access on Burr Oak Road.

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

Why or why not?  Residential and commercial area.

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

Why or why not? _______________________________________________________________________

10. 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? On sanitary sewer district.

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 (X)  NO (  )  N/A (  )

Why or why not? Sewer district and private well.

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 (X)  NO (  )  N/A (  )

Why or why not? Parking on site only.

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. Parking on site only, no parking on Burr Oak Road.
2. The Conditional Use Permit terminates upon sale or transfer of property.
3. Hours of operation are as listed on application.

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

October 11, 2022 _____________________________________

Date James Nordlof

Chair, County Board

Public Works

County Engineer Anthony Pirkl gave the board an update on various projects including Highway, Northwest Angle, Solid Waste, and discussion around a contract with Ford Motor Company for new Pick-up Trucks. 

Final Payment Authorization for SAP 039-649-005

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to accept the Public Works Director’s Certificate of Performance of SAP 039-649-005 for Lake of the Woods County (Force Account) in the total amount of $40,650.00, and hereby authorize final payment to Accurate HD, LTD.

Koochiching County Jail Agreement

Commissioners Cody Hasbargen and Jon Waibel gave a brief update from the recent meeting with Koochiching county about a possible agreement for the use of their jail.

Integrity Benefits

Integrity Benefits representative Bill Dehmer gave a presentation to the board discussing additional benefits that could be available to employees through their company. No action was taken at this time.

Correspondence

Correspondence was acknowledged from Williams Seniors and Friends Against Abuse.

RECESS

With no further business before the Board, Vice- Chair Ed Arnesen called the meeting to recess at 10:45 a.m.

Attest: October 25, 2022

______________________________ _________________________________

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

October 26, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 26, 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, Buck Nordlof and Ed Arnesen.  Absent was Commissioner Jon Waibel.  Also present was Auditor-Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Roseau & Lake of the Woods Sportsman’s Club; Natural Resource Block Grant – Land & Water Josh Stromlund; Correspondence – Quiet Title Action and Remove:  LOW SWCD.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of October 12, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $12,434.93; Commissioners Warrants $1,957.03; Commissioners Warrants $18,649.28.       

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $19,648.69; Road & Bridge $29,358.12; County Development $245.00; Solid Waste $50,018.19; EDA $835.14. 

 WARRANTS FOR PUBLICATION

Warrants Approved On 10/26/2021 For Payment 10/29/2021

Vendor Name Amount

Compass Minerals America 9,663.36

Compudyne, Inc 3,759.00

Extreme Duty Ironworks 2,250.00

Forks Freightliner 5,584.29

North East Technical Service,Inc 24,826.75

R & Q Trucking, Inc 5,665.00

Short Elliott Hendrickson, Inc 12,398.13

Titan Energy Systems, Inc 2,926.10

U.S. Bank Equipment Finance 6,268.50

WSB 6,214.25

43 Payments less than 2000 20,549.76

Final Total: 100,105.14

Further moved to authorize the payment of the following auditor warrants: October 13, 2021 for $38,949.93; October 14, 2021 for $244,396.88; October 14, 2021 for $(490.50) and October 20, 2021 for $13,246.57.

Insurance Caps

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to set the 2022 county contribution for family health insurance up to $1,320.00 per month and single health insurance up to $970.00 per month.  The Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account, up to the IRS caps.

Resolution – Operational Enhancement Grant Program

Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously, the following:

RESOLUTION OF LAKE OF THE WOODS COUNTY 

Operational Enhancement Grant Program

RESOLUTION NO. 2021-10-05

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the 

attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program.  The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Statutes 197.608 and Minnesota Laws 2021, 1^st Special Session, Chapter 12, Article 1, Section 37, Subdivision 2..  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County.  

WHEREUPON; the above resolution was adopted at the Lake of the Woods County Board of Commissioners Board meeting this 26^th day of October, 2021.

Flu Vaccine Clinic for County Employees
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to allow all county employees to receive a flu shot at the expense of the county.  The flu vaccine clinic will be scheduled with CHI LakeWood Health and held at the Lake of the Woods Government Center.  

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the application and affidavit for lost warrant number 36133 for vendor number 5932 dated February 26, 2021 for $275.68 without furnishing indemnifying bond. 

Department of Corrections-

District Supervisor Marc Bloomquist of the Department of Correction updated the County Board on the many programs they provide for the county.  He discussed their budgets and how they would be decreasing due to changes within and had funding ideas for the future.  He will come back to the board at a later date with more information.

JOINING THE MEETING

Commissioner Jon Waibel arrived at the meeting at 10:00 a.m.

Veterans Home-

Beltrami County Veterans Service Officer, Scotty Allison and Veterans Liaison, Joe Vene met with the board to update the board on the New Veterans Home that will be built in Bemidji. Joe Vene started the presentation by singing the National Anthem to the group.  They thanked the board for their contribution the County Board had made a few years ago and presented a pamphlet of what the home will look like.  The plans are to have it finished by the summer of 2023.

County Assessor
Appointment

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the intent to offer the appointment of the County Assessor position to Alisa Jacobson on January 28, 2022, upon the retirement of County Assessor Mary Jo Otten on January 27, 2022.

Advertisement, Interview & Hire

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the creation of two job positions for review and approval, prior to advertising.    Human Resource Director, Savanna Slick would come back to the board when they were ready.

MN DNR-Scott Laudenslager-

Minnesota Department of Natural Resources Area Wildlife Supervisor Scott Laudenslager shared information with the Board on three parcels of land, that connect to the Minnesota Department of Natural Resources (MNDNR) Carp Swamp Wildlife Management Area (WMA).  The MNDNR is interested in acquiring the land, totaling 1297.25 acres, to add to the Carp Swamp WMA.  He was requesting the County Board’s approval to receive donated land. Private land owner, Jacquelyn Paschke attended by phone.  Scott was going to get back to the board with more information at a later date.   No Board decision was made at this time.

Roseau & Lake of the Woods Sportsman’s Club-

Miles Hoganson representing the Roseau & Lake of the Woods Sportsman’s Club attended the meeting.  He reviewed with the board how this club maintains ATV recreational trails in both Roseau and Lake of the Woods County.   He was looking for a contribution to help purchase a Swing Arm Brush Cutter at the cost of $16,500. He mentioned he had already been to the Roseau County Board and they agreed to contribute towards this.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to contribute $7,501 towards the purchase of a Swing Arm Brush Cutter, from the Con Con funds.

PUBLIC WORKS

Highway Update
County Engineer AJ Pirkl provided an update on the status of current projects.

Solid Waste Update
County Engineer AJ Pirkl provided an update on the landfill and that they had found a place to take the fish entrails for the winter.

LEGISLATORS

Senator Paul Utke and Representative Matt Grossell provided an update to the County Board.

RECESS
The board recessed at 12:00 p.m. and reconvened at 1:15 p.m. with the following:

LAND AND WATER PLANNING
Natural Resource Block Grant

Land and Water Planning Director, Josh Stromlund met with the Board and presented the 2022 – 2023 Natural Resource Block Grant in the amount of $185,000.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously approve the 2022 -2023 Natural Resource Block Grant in the amount of $185,000.

Consideration of Preliminary Plat of Driftwood Acres by L&S Investing LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Preliminary Plat of Driftwood Acres by L&S Investing, LLC, Parcel ID# 24.07.32.009. A tract of land located in Government Lots Three (3), Four (4) and Five (5) all within Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West.  Applicant is requesting to create twelve (12) tracts for a residential development.  The Rainy River is an Agricultural River segment.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Preliminary Plat of Driftwood Acres by L&S Investing, LLC, Parcel # 24.0732.009.  A tract of land located in Government Lots Three (3), Four (4) and Five (5) all within Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West.  Applicant is requesting to create twelve (12) tracts for a residential development.  The Rainy River is an Agricultural River segment; with the following conditions;

1. The structures on proposed Lots 5 and 7, which currently do not meet the required 100-foot setback from the Rainy River, must be moved to meet the required 100-foot setback.
2. Clarification on 26^th Ave NW Right-of-Way (ROW).
3. Work with Public Works Department on addressing encroachment issues on proposed Lot 1.  The encroachment issues would be the bituminous and drainage ditch.

Consideration of Zone Change #21-02ZC by MLK Rentals, LLC:

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-02ZC by MLK Rentals, LLC: Part of Outlot A Birch Acres, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (332) – Parcel ID# 19.61.50.0200. Applicant is requesting a zone change from a Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-02ZC by MLK Rentals LLC requesting a zone change from a Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Info
Name of Applicant:	MLK Rentals, LLC	Date:	10-26-2021
Location/Legal Description:	Part of Outlot A, Birch Acres, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:	Residential (R1)	Proposed:	Commercial-Recreational (CR)
Parcel Number(s):	19.61.50.020	Application Number:	21-02ZC

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?

_X_Yes ___No

Comments:	Commercial Corridor

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

__X_Yes ___No

Comments:	Adjoining businesses (on Conditional Use Permit)

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

___Yes _X__No

Comments:

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

___Yes __X_No

Comments:	No change or improvement

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

___Yes __X_No

Comments:	No additional services needed

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

___Yes __X_No

Comments:	Will not impede – no change

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

__X_Yes ___No

Comments:	Increased business activity (Conditional Use Permits)

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.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-03ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-03ZC by MLK Holding Company, Inc.:  the West 100 feet of the W1/2NE1/14, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (332) – Parcel ID# 19.24.12.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  The property is currently being used a part of a storage area and for lake access.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-03ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	MLK Holding Company, Inc	Date:	10-26-2021
Location/Legal Description:	The West 100 feet of the W1/2NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:	Residential (R2)	Proposed:	Commercial-Recreational (CR)
Parcel Number(s):	19.24.12.010	Application Number:	21-03ZC

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:	Within commercial corridor

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

__X_Yes ___No

Comments:	Lake access

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

___Yes _X__No

Comments:	Lake access through wooded area – no change

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

___Yes __X_No

Comments:	No change

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

___Yes __X_No

Comments:	None needed

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

___Yes __X_No

Comments:	Will not impede

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

__X_Yes ___No

Comments:	Was covered by Conditional Use Permit (CUP) in the past

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.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-04ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-04ZC by MLK Holding Company, Inc.:  The East 200 feet of the West 400 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.020. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property. The property is currently being for fish house storage.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-04ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	MLK Holding Company, Inc	Date:	10-26-2021
Location/Legal Description:	The East 200 feet of the West 400 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:	Residential (R2)	Proposed:	Commercial-Recreational (CR)
Parcel Number(s):	19.24.12.020	Application Number:	21-04ZC

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:	Growth corridor

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

__X_Yes ___No

Comments:	Currently Conditional Use Permit (CUP)

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

___Yes _X__No

Comments:

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

___Yes __X_No

Comments:	No change

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

___Yes __X_No

Comments:	No change

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

___Yes __X_No

Comments:	No change

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

__X_Yes ___No

Comments:	More commercial activity

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.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-5ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-05ZC by MLK Holding Company, Inc.:  The West 100 feet of the SW1/4SE1/4, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.13.43.010.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-05ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	MLK Holding Company, Inc	Date:	10-26-2021
Location/Legal Description:	The West 100 feet of the SW1/4SE1/4, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:	Residential (R2)	Proposed:	Commercial-Recreational (CR)
Parcel Number(s):	19.13.43.010	Application Number:	21-05ZC

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:	Within commercial corridor

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

__X_Yes ___No

Comments:	Lake access

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

___Yes _X__No

Comments:	Lake access through wooded area – no change

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

___Yes __X_No

Comments:	No change

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

___Yes __X_No

Comments:	None needed

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

___Yes __X_No

Comments:	Will not impede

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

___Yes __X_No

Comments:	Was covered by Conditional Use Permit (CUP) in the past

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.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-06ZC by MLT&T, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-06ZC by MLT&T, LLC:  Part of the W1/2NE1/4, Less deeded, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.000.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-06ZC for MLT&T, LLC, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	MLT&T, LLC	Date:	10-26-2021
Location/Legal Description:	Part of the W1/2NE1/4, Less deeded, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:	Residential (R2)	Proposed:	Commercial-Recreational (CR)
Parcel Number(s):	19.24.12.000	Application Number:	21-06ZC

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:	In growth corridor

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

__X_Yes ___No

Comments:	Commercial to East & Conditional Use Permit (CUP) on property currently

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

___Yes _X__No

Comments:	No change

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

___Yes __X_No

Comments:	No change – Current Conditional Use Permit (CUP)

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

___Yes __X_No

Comments:	None needed

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

___Yes __X_No

Comments:	Will not impede

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

___Yes __X_No

Comments:	No – currently a Conditional Use Permit (CUP) business

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.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-07ZC by MLT&T LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-07ZC by MLT&T LLC:  A tract of land lying within Government Lot 1, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.11.000.  Applicant is requesting a zone change from a Rural Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to deny the following Findings of Fact/Rezoning Change #21-07ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without special conditions.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	MLT&T, LLC	Date:	10-26-2021
Location/Legal Description:	A tract of land lying within Government Lot 1, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:	Residential (R1)	Proposed:	Commercial-Recreational (CR)
Parcel Number(s):	19.24.11.000	Application Number:	21-07ZC

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:	Commercial corridor

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

__X_Yes ___No

Comments:	Commercial adjoining

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

___Yes _X__No

Comments:

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

___Yes __X_No

Comments:

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

___Yes __X_No

Comments:	None needed at this time

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

___Yes __X_No

Comments:	Will not impede

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

___Yes __X_No

Comments:	Not recently

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.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-08ZC by MLT&T, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-08ZC by MLT&T, LLC:  The East 110 feet of the West 793 feet of the South 266 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.040.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on 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/Rezoning Change #21-08ZC for MLT&T, LLC, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	MLT&T, LLC	Date:	10-26-2021
Location/Legal Description:	The East 110 feet of the West 793 feet of the South 266 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:	Residential (R2)	Proposed:	Commercial-Recreational (CR)
Parcel Number(s):	19.24.12.040	Application Number:	21-08ZC

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:	Growth corridor

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

__X_Yes ___No

Comments:	Conditional Use Permit (CUP) to the North

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

___Yes _X__No

Comments:	Single cabin

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

___Yes __X_No

Comments:	No change

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

___Yes __X_No

Comments:	None needed

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

___Yes __X_No

Comments:	Will not impede

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

__X_Yes ___No

Comments:	Increase in commercial activity recently

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.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-09ZC by MLT&T, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-09ZC by MLT&T, LLC:  The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.13.43.000.  Applicant is requesting a zone change from a Rural Residential (R2), Special Protection (SP), and Residential (R1) Districts to a Commercial-Recreation (CR) District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-09ZC for MLT&T, LLC requesting a zone change from a Rural Residential (R2), Special rotection (SP), and Residential (RR1) Districts to a Commercial-Recreation (CR District for the purposes of allowing commercial activity on the property with the following conditions:

1. The SW1/4SE1/4 Zone Commercial Recreational (CR) Government Lot #5 to remain Special Protection (SP) and Residential Development (R1)

 Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	MLT&T, LLC	Date:	10-26-2021
Location/Legal Description:	The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:	Rural Residential (R2), Special Protection (SP), and Residential (R1) Districts	Proposed:	Commercial-Recreational (CR)
Parcel Number(s):	19.13.43.000	Application Number:	21-09ZC

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:	Growth corridor

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

__X_Yes ___No

Comments:	Conditional Use Permit (CUP) to the South

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

___Yes _X__No

Comments:

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

___Yes __X_No

Comments:

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

___Yes __X_No

Comments:	None at this time

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

___Yes __X_No

Comments:

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

___Yes __X_No

Comments:

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

___Yes __X_No

Comments:

Conditions:	SW¼ SE ¼ Zone Commercial Recreational (CR)
Government Lot #5 to remain Special Protection (SP) and Residential Development (R1)

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-10ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-10ZC by MLK Holding Company, Inc: The East 100 feet of the West 200 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.011.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-10ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

 Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	MLK Holding Company, Inc	Date:	10-26-2021
Location/Legal Description:	The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:	Rural Residential (R2)	Proposed:	Commercial-Recreational (CR)
Parcel Number(s):	19.24.12.011	Application Number:	21-10ZC

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:	Growth corridor

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

__X_Yes ___No

Comments:	Currently Conditional Use Permit (CUP)

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

___Yes _X__No

Comments:

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

___Yes __X_No

Comments:	No change

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

___Yes __X_No

Comments:	No change

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

___Yes __X_No

Comments:	No change

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

__X_Yes ___No

Comments:	More commercial activity

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.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Conditional Use Permit #21-14CU by Sean Westman

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-14CU by Sean Westman:  The Southwest Quarter of the Northeast Quarter (SW1/4NE1/4 SE1/4) in Section Twenty-six (26), Township One Hundred Sixty-twoo (62) North Range Thirty-two (32) West- Parcel ID# 19.26.41.040. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance, to allow the storage of commercial winter ice fishing equipment including more than five (5) fish houses in a Rural Residential (R2) district.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #21-14CU for Sean Westman to allow more that five (5) fish houses in a Rural Residential (R2) district with the following conditions:

1.  Cannot see fish houses from outside property during summer leaf on conditions
2. Houses must be Twenty (20) feet from property lines to protect neighbor’s property
3. No more than Twenty (20) stored fish houses on this parcel
4. No habitation during storage

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Sean Westman Date:  10-26-2021 

Location/Legal Description: The Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW1/4NE1/4SE1/4) in Section Twenty-six (26), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West 

Project Proposal:  Applicant is requesting a conditional use permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow the storage of commercial winter ice fishing equipment including more than five (5) fish houses in a Rural Residential (R2) 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?  Growth corridor__________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? Highway 172___________________________________________

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

Why or why not? Residential Development (R1) and Rural Residential (R2)________

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

YES ( )  NO (  )  N/A (X )

Why or why not?  _______________________________________________________

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 (X)  NO (  )  N/A ( )

Why or why not? Must maintain vegetative screen____________________________

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:

1. Cannot see fish houses from outside property during summer leaf on conditions
2. Houses must be Twenty (20) feet from property lines to protect neighbor’s property
3. No more than Twenty (20) stored fish houses on this parcel
4. No habitation during storage

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

10-26-2021_______ _____________________________________

Date Joseph Grund

        Chair, County Board

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

HOFFMAN, PHILIPP and MARTELL, PLLC
Audit Exit Review

Colleen Hoffman and Crystelle Philipp from Hoffman, Philipp and Martell, PLLC provided an audit exit review to the County Board of Commissioners.

Maintenance
Generator

Peder Hovland, IT / Maintenance Director met with the board regarding the 911 generator.  He had the annual maintenance on the generator done and there was water found in the diesel fuel that needs to be drained and also the hoses need to be replaced.  The board asked Pete to do some more research and get back to them.

LEAVING THE MEETING

Commissioner Jon Waibel left the meeting at 3:00 p.m.

Union Negotiations
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the Closed Session – Union Negotiations pursuant MN Statute 13D.03).  Present were Commissioners:  Ed Arnesen, Buck Nordlof, Cody Hasbargen and Joe Grund; Absent was Commissioner Jon Waibel.  Also present was Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the Closed Session – Union Negotiations and open the regular session.

Correspondence
The Board reviewed the following correspondence: 

1. Koochiching County – Charging Network – 
2. Quiet Title Action

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 4:00 p.m.

Attest: November 9, 2021

_________________________________ _________________________________

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