COMMISSIONER PROCEEDINGS
August 16, 2022
The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 16, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.
Call To Order
Vice-Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ed Arnesen, Jon Waibel, and Cody Hasbargen. Also present was County Auditor/Treasurer Lorene Hanson. Absent: Commissioners: Buck Nordlof and Joe Grund.
Approval of Agenda
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: NWA Assessing, Lake of the Woods Fair Board, and Phone Stipend for Katy Johnson.
Approval of Minutes
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from July 26, 2022.
Social Services
Claims
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $20,827.96; Commissioners Warrants $5,849.35; Commissioners Warrants $16,098.15.
Phone Stipend
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve a phone stipend in the about of $60.00 per month for Katy Johnson effective September 2022.
Auditor/Treasurer
Claims
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $130,111.39; Road & Bridge $228,180.39; County Development $1600.00; Solid Waste $75,295.44; Economic Development $44.56.
Warrants for Publication
Warrants Approved On 8/16/2022 For Payment 8/19/2022
Vendor Name Amount
Cenex Co-Op Services, Inc. 20,583.68
CentralSquare Technologies, LLC 2,066.37
Contech Engineered Solutions LLC 39,208.30
Erickson Timber Products 13,600.00
Fort Distributors Ltd 34,500.00
GM Construction Inc 2,217.98
Hometown Hardware 2,182.68
Howard’s Oil Company 7,880.47
Integris DBA 4,419.30
Lake Area Construction Inc 11,400.00
Larkin Hoffman Attorneys 3,132.25
Lavalla Sand & Gravel Inc 57,690.50
LOW Highway Dept 4,002.00
LOW School District–390 3,000.00
M & J Construction Of Holt, Inc. 60,010.00
Mar-Kit Landfill 18,254.00
Meuser Law Office PA 60,000.00
Naylor Heating & Refrigeration LLC 2,115.57
Northern Light Region 2,409.50
Pennington County Sheriff Office 6,448.93
R & Q Trucking, Inc 3,266.28
SeaChange Print Innovations 7,313.81
T-C Lighting 33,182.50
Voice Products 2,402.00
Wex Bank 2,272.04
87 Payments less than 2000 31,673.62
Final Total $435,231.78
Further moved to authorize the payment of the following auditor warrants: July 27, 2022 for $14,582.71; August 3, 2022 for $6,959.45; August 9,2022 for ($56.00); August 9,2022 for $268,447.70; August 10,2022 for $113,379.05.
Appointment of Arrowhead Library Board Member
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to appoint Colleen Stanton to the Arrowhead Library Board through December 31, 2023. This appointment would be eligible for three additional 3-year terms.
Election Recount Agreement
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Election Recount Agreements for both the primary and general elections and to have the County Auditor/Treasurer sign the same.
Maintenance
Resolution
The Following Resolution was offered by Commissioner Ed Arnesen and moved for adoption:
RECOGNITION OF YEARS OF SERVICE
DENNIS BECKEL
RESOLUTION 2022-08-01
WHEREAS: Dennis Beckel has served Lake of the Woods County since November 28,2005 as Part-time Custodian Maintenance.
WHEREAS: Dennis Beckel has resigned from Lake of the Woods County effective July 23, 2022 with 16 years and 8 months of service.
NOW THEREFORE, BE IT RESOLVED: That the Lake of the Woods County Board of Commissioners extends its deepest appreciation to Dennis Beckel for his dedicated service and best wishes to him;
The resolution was seconded by Commissioner Cody Hasbargen and the same being put to a vote, was unanimously carried.
Appoint Committee Member
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to appoint County Assessor Alisa Jacobsen to the following committees: Lake of the Woods Affordable Housing/Loan, Solid Waste Committee/Household Waste, Subdivision Controls, Township Road & Trails, Wellness Committee, and Mid-state Co-op. This appointment will replace previous County Assessor Mary Jo Otten.
Northwest Angle Assessing
It was the consensus of the board to approve the County Assessors office to rent a charter boat with a guide, as necessary, to assess the Northwest Angle area.
Emergency Management
2021 EMPG Grant
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the 2021 Emergency Management Performance Grant as presented by Emergency Management Director Jill Hasbargen-Olson.
Large Event Ordinance-Event Permit
Emergency Management Director Jill Hasbargen-Olson explained the need for a large event ordinance that would require a permit for events of 500 or more attendees. The ordinance would ensure that a staff of Emergency Personnel would be available for such events.
Motion
Motion was made by Commissioner Jon Waibel, seconded by Cody Hasbargen and carried unanimously to set a date for the Ordinance Committee to meet September 6, 2022 at 9:00 a.m. to discuss and start the process for a large event ordinance.
Water Update
Emergency Management Director Jill Hasbargen-Olson gave an update of the flood efforts that included: Sandbagger Machines and Clean-up.
Public Works
Permission to Hire
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve to hire a Solid Waste employee to fill a recently vacant position.
Permission to Hire
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to hire Kraig Stokke for the Solid Waste Processor position at Grade 11, Step 1, 21.68 per hour, 265 points effective August 3, 2022.
Phone Stipend
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a phone stipend in the amount of $60.00 per month for Solid Waste Processor Kraig Stokke effective September 2022.
Permission to Advertise Interview & Hire
Temporary Heavy Equipment Operator
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to Advertise, Interview, & Hire for a Temporary Heavy Equipment Operator at Grade 11, Step 1, at 265 points.
Updates
County Engineer Anthony Pirkl gave an update on various projects and a Public Hearing was set for September 28, 2022 at 6:00p.m. to discuss the road construction projects in the Birch Beach and Sandy Shores area.
Recess
A brief recess took place at 9:50 a.m. and reconvened at 10:00 a.m.
Land & Water
Land and Water Director Josh Stromlund met with the Board of Commissioners and presented the following Findings of Fact/Conditional Use Permits.
Consideration of Zone Change #22-01ZC by Jennice Hayden
Southwest quarter (1/4) of the Northeast quarter (1/4) in Section Seven (7), Township One-hundred sixty-seven (167) North, Range Thirty-three (33) West- Parcel ID#06.07.13.000. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to Deny the following Findings of Fact/Conditional Use Permit #22-01ZC for Jennice Hayden as recommended by the Lake of the Woods County Planning Commission.
Lake of the Woods County
Rezoning
Findings of Fact and Decision
Name of Applicant: | Jennice Hayden | Date: | August 16, 2022 |
Location/Legal Description: | SW¼NE¼ Section 7, T. 167N, R. 33W | ||
Current Zoning Classification: | Special Protection (SP) | Proposed: | Rural Residential (R2) |
Parcel Number(s): | 06.07.13.000 | Application Number: | 22-01ZC |
The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.
- Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?
___Yes X No
Comments: | No plan submitted |
- Are the existing surrounding land uses consistent with the proposed zoning classification?
X Yes ___No
Comments: | No change |
- Will the zone change alter the characteristics of the neighborhood?
___Yes X No
Comments: | No change |
- 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 |
- What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?
___Yes X No
Comments: | None |
- 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 |
- Has there been a change in the development in the general area of the property in questions?
___Yes X No
Comments: | No change |
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes X No
Comments: | No change |
Conditions: | |
The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.
August 16, 2022 _____________________________________
Date James Nordlof
Chairman, Lake of the Woods County Board
Consideration of Zone Change #22-02ZC by Jennice Hayden
Southeast quarter (1/4) of the Northwest quarter (1/4) in Section Seven (7), Township One-hundred sixty-seven (167) North, Range Thirty-three (33) West- Parcel ID#06.07.24.000. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to Deny the following Findings of Fact/Conditional Use Permit #22-02ZC for Jennice Hayden as recommended by the Lake of the Woods County Planning Commission.
Lake of the Woods County
Rezoning
Findings of Fact and Decision
Name of Applicant: | Jennice Hayden | Date: | August 16, 2022 |
Location/Legal Description: | SE¼NW¼ Section 7, T. 167N, R. 33W | ||
Current Zoning Classification: | Special Protection (SP) | Proposed: | Rural Residential (R2) |
Parcel Number(s): | 06.07.24.000 | Application Number: | 22-02ZC |
The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.
- Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?
___Yes X No
Comments: | No plan for the property submitted |
- Are the existing surrounding land uses consistent with the proposed zoning classification?
X Yes ___No
Comments: | No change |
- Will the zone change alter the characteristics of the neighborhood?
___Yes X No
Comments: | No change |
- 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 |
- What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?
___Yes X No
Comments: | None |
- 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 |
- Has there been a change in the development in the general area of the property in questions?
___Yes X No
Comments: | No change |
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes X No
Comments: | No change |
Conditions: | |
The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.
August 16, 2022 ______ _______________________________
Date James Nordlof
Chairman, Lake of the Woods County Board
Consideration of Zone Change #22-03ZC by Jennice Hayden
Southwest quarter (1/4) of the Northwest quarter (1/4) in Section Seven (7), Township One-hundred sixty-seven (167) North, Range Thirty-three (33) West- Parcel ID#06.07.23.000. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-03ZC for Jennice Hayden to approve the request for an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206 with conditions. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.
Lake of the Woods County
Rezoning
Findings of Fact and Decision
Name of Applicant: | Jennice Hayden | Date: | August 16, 2022 |
Location/Legal Description: | SW¼NW¼ Section 7, T. 167N, R. 33W | ||
Current Zoning Classification: | Special Protection (SP) | Proposed: | Rural Residential (R2) |
Parcel Number(s): | 06.07.23.000 | Application Number: | 22-03ZC |
The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.
- Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?
X Yes ___No
Comments: | Recreational use |
- Are the existing surrounding land uses consistent with the proposed zoning classification?
X Yes ___No
Comments: | Mostly state land and tribal land |
- Will the zone change alter the characteristics of the neighborhood?
___Yes X No
Comments: | Limited residential use |
- 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 |
- What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?
___Yes X No
Comments: | None |
- 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 |
- Has there been a change in the development in the general area of the property in questions?
___Yes X No
Comments: | None |
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes X No
Comments: | No change |
Conditions: | All buildings must follow all property setbacks |
Any septic system must be approved |
The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.
August 16, 2022 ______ _______________________________
Date James Nordlof
Chairman, Lake of the Woods County Board
Consideration of Zone Change #22-04ZC by Nels Holte
Government Lot Three (3) Section Seventeen (17), Township One-hundred Sixty-two North (162), Range Thirty-two (32) with Parcel ID #19.17.24.010. Applicant is requesting and amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of continued development of the property.
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-04ZC for Nels Holte to approve the amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206 with conditions. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of continued development of the property.
Lake of the Woods County
Rezoning
Findings of Fact and Decision
Name of Applicant: | Nels Holte | Date: | August 16, 2022 |
Location/Legal Description: | Government Lot 3 Section 17, T. 162N, R. 32W | ||
Current Zoning Classification: | Special Protection (SP) | Proposed: | Rural Residential (R2) |
Parcel Number(s): | 19.17.24.010 | Application Number: | 22-04ZC |
The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.
- Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?
X Yes ___No
Comments: | Currently residential |
- Are the existing surrounding land uses consistent with the proposed zoning classification?
X Yes ___No
Comments: | Additional residential in area |
- Will the zone change alter the characteristics of the neighborhood?
___Yes X No
Comments: | No change |
- 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 |
- What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?
___Yes X No
Comments: | No change |
- 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 |
- Has there been a change in the development in the general area of the property in questions?
___Yes X No
Comments: | No change |
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes X No
Comments: | No change |
Conditions: | Homeowner should consider the following items: |
A permanent ring dike to encircle structure and septic system. It may be reinforced with rip rap | |
Repair rip rap along shoreline. | |
Consider construction of breakwater to reduce wave energy. |
The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.
August 16, 2022 ______ _______________________________
Date James Nordlof
Chairman, Lake of the Woods County Board
Lake of the Woods County Fair Board
Lake of the Woods County Fair Board members J.P. Sweet and Rob Hruby came to the board to formally thank them for their donation to the fair and to give an update on the fairgrounds and plans for the centennial fair next year.
RECESS
With no further business before the Board, Vice-Chair Ed Arnesen called the meeting to recess at 10:36 a.m.
Attest: August 30, 2022
______________________________ _________________________________
County Auditor/Treasurer, Lorene Hanson Vice-Chair Ed Arnesen