COMMISSIONER PROCEEDINGS

September 24, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 24, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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, Ed Arnesen, Buck Nordlof and Joe Grund. Also present was County Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Permission to Advertise/Interview/hire, Set Road Tour & Ditch Meeting Dates, FY21 Amended Stonegarden Grant, and Closed Session-Williams Creek.

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 10, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $7,691.55; Commissioners Warrants $2,123.38; Commissioners Warrants $11,956.08.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously with Commissioner Joe Grund abstaining to approve the claims against the County as follows: Revenue $84,873.43; Road & Bridge $60,055.61; County Development $225.00; Solid Waste $35,054.27; EDA $1,387.72.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/24/2024 For Payment 9/27/2024

Vendor Name         Amount

Accurate HD Ltd.       21,376.00

Clay County Sheriff         2,480.00

Co-Op Services, Inc.                                   17,955.18

Counties Providing Technology         4,327.00 

Election Systems & Software, Inc         3,858.75 

Howard’s Oil Company         4,979.38 

Lavalla Sand & Gravel Inc         9,177.30 

LOW Highway Dept                       4,520.00

LOW Soil & Water Cons. Dist.                       3,698.00 

North East Technical Service,Inc       14,450.70 

Pennington County Sheriff Office               17,183.75 

Pete’s Body Shop Dba         5,670.05 

Short Elliott Hendrickson, Inc                     2,102.50 

Terry’s Tree Service       8,000.00 

U.S. Bank Equipment Finance                     6,268.50 

Up North Electric LLC                   18,178.48 

Voice Products       2,771.06 

49 Payments less than 2000 34,599.38

Final Total: 181,596.03    

Further moved to authorize the payment of the following auditor warrants: September 11, 2024 for $396,167.84; September 18, 2024 for $232,592.70. 

Set Public Hearing Date-Lodging Tax Ordinance

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set a Public Hearing for Lodging Tax Ordinance on October 22, 2024 at 10:00 a.m.

Extension Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Extension agreement between Lake of the Woods County and University of Minnesota effective January 1, 2025 through December 31, 2027.

Land & Water

Land & Water Director Josh Stromlund gave a brief update on timber sales from the logging of a county owned parcel in the Zippel Bay area.

Public Works

Road Upgrade Policy-10 Ton Road

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel to approve the road upgrade policy for 10 ton roads.

Permission to Advertise, Interview, & Hire- Heavy Equipment Operators

County Engineer Anthony Pirkl informed the board that he had received a notice for retirement from two employees and requested permission to advertise, interview, & hire for two heavy equipment operator positions.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to advertise, interview, & hire for two heavy equipment operator positions.

Updates

County Engineer Anthony Pirkl gave an update on various highway projects.

Set County Road Tour Date

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to set the county road tour date for October 21,2024 at 8:00a.m. 

Set Ditch Meeting

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set the ditch meeting for October 23, 2024 at 6:00 at Arnesen’s Rocky Point.

Opioid Settlement Advisory Council

Members of the Opioid Settlement Advisory Council discussed the need for prevention and treatment in the Baudette Area. The recommendation from the councils previous meeting is to spend $13,000.00 from the Opioid Settlement Funds to cover start-up costs for a local treatment service.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the recommendation to spend $13,000.00 out of the Opioid Settlement Fund to pay for start-up costs for treatment services in the Baudette area.

Sheriff

FY21 Amended Stonegarden Grant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the amendment to the FY21 Stonegarden Grant from $119,700.00 to $141,498.00.

Lake of the Woods School Referendum Presentation

Jeff Nelson and Tim Lyons gave a presentation regarding the upcoming referendum questions on the November general election ballot. Further information can be found on the Lake of the Woods School website.

Arrowhead Library

Executive Director Mollie Stanford, Finance Director Mickey Erickson, Baudette Library Director Kelly Pelland, and Committee Member Colleen Stanton introduced themselves to the board and discussed the projects and budget for Arrowhead Library Systems and how the funds are used locally.

Hoffman, Philipp, & Martell, PLLC

Audit Exit Review

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

Closed Session

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-09-03

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 September 24^th, 2024 at 11:30 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.

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

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-09-04

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County entered into a Settlement Agreement (“Agreement”) in the Matter of Hibbing Taconite Mine and Stockpile Progression and Williams Creek Project Specific Wetland Mitigation, which Agreement was dated October 6, 2015 (OAH Docket No. 11-2004-31655); and

WHEREAS, the Agreement resolved issues prior to litigation; and 

WHEREAS, parties to the Agreement, are seeking to modify certain terms and conditions of the Agreement; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the modification of the agreement; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the requested modifications, where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.

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

1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Office of Administrative Hearings matter as set forth in the recital above and any settlement proposals regarding the modifications to the Agreement requested by Cliffs, which may be made by or responded to by the Lake of the Woods County Board.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 12:40 a.m. 

Attest: October 8, 2024

______________________________ _________________________________Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

COMMISSIONER PROCEEDINGS

September 10, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 10, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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, Ed Arnesen, Buck Nordlof and Joe Grund. Also present was County Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Wildlife Management Area Discussion, Truck Repairs.

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 $9,367.19; Commissioners Warrants $2,894.87; Commissioners Warrants $22,241.95.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $97,033.83; Road & Bridge $53,188.23.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/10/2024 For Payment 9/13/2024

Vendor Name Amount

Baudette Community Foundation 5,000.00

Clay County Sheriff 2,503.40

Farmers Union Oil company 2,095.98

Gamache/Micheal D             44,300.00

Hoffman, Philipp & Martell, PLLC 8,720.00

Larkin Hoffman Attorneys             14,720.00

Law Offices Of Patrick D. Moren 9,065.73

Mar-Kit Landfill             15,084.50

Northern Light Region               2,328.94

Quadient Finance USA Inc. 3,000.00

R & Q Trucking, Inc               5,669.39

SeaChange Print Innovations 3,479.89

WIDSETH SMITH NOLTING & ASSOC., INC.  5,650.00

54 Payments less than 2000 28,604.23

Final Total:  150,222.06

Further moved to authorize the payment of the following auditor warrants: September 4, 2024 for $21,191.71; September 4, 2024 for $66,818.31; September 5, 2024 for $262,827.40.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of August 27, 2024.

Proposed Levy 2024/2025

Resolution

Resolution Adopting

Proposed 2025 Budget and Tax Levy

Resolution   2024-09-01

The following Resolution was proposed and moved for adoption by Commissioner Jon Waibel:

WHEREAS, the Proposed County Budget for the year 2025 has been reviewed by the Lake of the Woods County Board of Commissioners; and 

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2025:

Revenue Fund $ 2,254,700

Road & Bridge Fund $    520,000

Social Services Fund         $    620,000

Economic Development Authority Fund   $      50,000

2025 Proposed Budget and Tax Levy        $ 3,444,700

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2025:

Twp Road & Bridge   $   526,470*

Twp Fire – Baudette   $     28,750

Twp Fire – Williams   $     20,921

Twp Fire – NW Angle   $       6,500

Total   $   582,641 

2025

* $526,470 for Township Road & Bridge, includes $5,000 Blue Blades and $12,765 Admin of Township Roads (508,705+5,000+12,765=526,470)  

A public meeting to discuss the 2025 Proposed Budget and Tax Levy will be held on Tuesday, December 17, 2024, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 

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

Appoint of Election Judge

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon waibel and carried unanimously to approve the following election judge for the 2024 General (November 5, 2024) Election:  Cassie Brune. 

Cigarette License Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the cigarette license application for Hugo’s Lake of the Woods Foods.

Donation Request-Williams Potato days

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the donation request in the amount of $1000.00 for the Williams Potato Day Committee for operational needs to be paid for out of Con-Con Funds.

Sheriff

FY2022 Operation Stonegarden Grant Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the 2022 Operation Stonegarden Grant in the amount of $118,503.00.

Public Works

Updates

County Engineer Anthony Pirkl gave an update about various Highway projects. There was also discussion about a possible amendment to the county highway policy regarding road restrictions. 

Final Payment SAP 039-598-072

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-598-072 for Olson Construction TRF of Thief River Falls, MN in the total amount of $155,095.00 and hereby authorize final payment of $32,963.00.

Final Payment CP 2024-06

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the final payment of CP 2024-06 for Asphalt Preservation Company, Inc. of Detroit Lakes, MN in the total amount of $218,097.00 and hereby authorize final payment of $218,097.00.

Town Road Vacation

Set Public Hearing Date

Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and the same being put to a vote was unanimously carried. 

Resolution to Create an Order Setting forth initial descriptions and setting public hearing date

Resolution No. 2024-09-02

WHEREAS, the Lake of the Woods County Board of Commissioner, acting as the Town Board for Walhalla Township (unorganized township) in Lake of the Woods County Minnesota was presented a petition and reviewed the same at its regular board meeting on the 10^th day of September, 2024, requesting the vacation of a public easement road.

WHEREAS, the petition contained a description of the road, the names of the owners over which the road passes, and the point of beginning, general course, and termination of the road proposed to be vacated.

WHEREAS, the portion of the public easement roadway to be vacated is described as: The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also,The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line:  Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W. As fully depicted on attached Exhibit A.

WHEREAS, Minnesota Statutes §164.07, subd. 2, requires the Board to make an order describing as nearly as practicable the portion of the road to be vacated, describing the several tracts of land through which the road passes, and fixing a time and place when and where the Town Board will meet and act upon the motion; 

NOW, THEREFORE, IT IS HEREBY ORDERED: 

1.The portion of the road proposed to be vacated is described above. 2.The several tracts of land through which the road passes and their owners will be notified and proof of notification will be returned to the board.3. The Lake of the Woods County Board of Commissioners, acting on behalf of

unorganized Walhalla Township will conduct a Public Hearing on October 8, 2024, at 10:30 a.m. at the site of the town road proposed to be vacated, located in unorganized Walhalla Township, Lake of the Woods County, Minnesota to examine the road. The board will recess from the viewing of the road and reconvene the Public Hearing at the Board of Commissioners Room, Lake of the Woods County Courthouse, Baudette, Minnesota to receive public comment, consider the proposed action, and act on the motion/resolution. 

Human Resources

Part-time E911 Corrections Officer to Permanent Part-time

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to change the Part-time E911 Corrections Officer Harley Poppitz to a Permanent Part-time position at the current grade and step effective next full pay period. 

Land & Water

Truck Repairs

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request for truck repairs on a Land & Water vehicle in the amount of $1,389.00.

Consideration of Conditional Use Permit #24-03CU by Thomas Flaherty 

Lot Six (6), Block One (1), Rivards River Acres, Section Eight (8), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid) – Parcel ID# 31.56.01.060. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for river access. The Rainy River is an Agricultural River segment.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-03CU by Thomas Flaherty to move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for river access with the following conditions:

1. Erosion control methods must be installed and remain in place until the site is fully vegetated.
2. Fabric must be properly installed under the rock.
3. Adequate drainage must remain and not blocked.
4. Applicant is to obtain MNDNR permit, if required.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Thomas Flaherty Date:  September 10, 2024

Location/Legal Description:  Lot Six (6), Block One (1), Rivards River Acres Subdivision

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

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?  Residential 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 (X) NO (  )  N/A (  )

Why or why not?  Decrease sedimentation.

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 to topography.

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 (  )

Why or why not?  Vegetative cover will be implemented and monitored.

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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.

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?  YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

1. Erosion control methods must be installed and remain in place until the site is fully vegetated.
2. Fabric must be properly installed under the rock.
3. Adequate drainage must remain and not be blocked.
4. Applicant is to obtain MNDNR permit to work below the Ordinary High-Water Level of the Rainy River, if required.

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

        September 10, 2024 _____________________________________

Date Cody Hasbargen

        Chair, County Board

Consideration of Conditional Use Permit #24-06CU by Timothy & Kristi Bjerk

Lot Eight (8), Block One (1), Lake Shore Village, Section Six (6), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper) – Parcel ID# 16.59.01.080. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for a rip rap repair project. 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 Conditional Use Permit/Findings of Fact #24-06CU by Timothy & Kristi Bjerk to move  more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for a rip rap repair project with the following conditions:

1. Project approval does not include placement of rock or other work on the jetty without approval or authorization from the Minnesota Department of Natural Resources (DNR).
2. Applicant is to follow the DNR Guidance document titled “Shoreline Alterations: Riprap”.
3. If Applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Timothy & Kristi Bjerk Date:  September 10, 2024

Location/Legal Description:  Lot Eight (8), Block One (1), Lakeshore Village Subdivision

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap.

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 repair. 

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 (X) NO (  )  N/A (  )

Why or why not? Eliminate shoreline erosion.

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 (  )  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? Residential.

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

Why or why not? Lake of the Woods.

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?  YES (  )  NO (  )  N/A (X)

Why or why not? ___________________________________________________________________

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

Why or why not? ____________________________________________________________________

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

1. Project approval does not include placement of rock or other work on the jetty without approval or authorization from the Minnesota Department of Natural Resources (DNR).
2. Applicant is to follow DNR Guidance document titled “Shoreline Alterations:  Riprap”.
3. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

September 10, 2024 _____________________________________

Date Cody Hasbargen

Chair, County Board

Wildlife Management Areas-Discussion

Commissioner Joe Grund informed the board of information he received regarding WMA fish and wildlife service lands and the logging affecting timber sales in the area. 

Fair Board

Updates

Members of the Fair Board gave an update on various events throughout the year as well as their plans for the upcoming year. They also discussed difficulties they face when acquiring a carnival that is willing to come up north at a reasonable price. 

Adjourn

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 10:15 a.m. 

Attest: September 24, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

September 26, 2023

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

Approval of Cell Phone Stipend

Motion

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

Auditor/Treasurer

Claims

Motion

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Accurate HD Ltd. 35,772.00

Alpha Training &Tactics LLC 8,078.30

Contech Engineered Solutions LLC 4,129.20

E. Brookmyer, Inc. 4,536.25

Geofoam America LLC 7,309.50

Headwaters Regional Development Commiss 36,000.00

Hoffman, Philipp & Martell, PLLC 5,850.00

John Deere Financial 3,831.73

Lake Area Construction Inc 15,915.00

Larkin Hoffman Attorneys 20,925.00

North East Technical Service,Inc 2,855.00

Quadient Finance USA Inc. 2,000.00

Rinke-Noonan 3,557.50

Titan Machinery – Roseau 4,501.03

U.S. Bank Equipment Finance 6,268.50

38 Payments less than 2000 20,070.53

Final Total: 181,599.54          

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

Set Road Tour/Joint Ditch Meeting Date

Motion

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

Set Closed Session/Work Session

Motion

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

Health Insurance

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

County Road Access Discussion

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

Recess

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

Public Works

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

Amendment to the Roseau County Interim County Engineer Contract

Motion

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

SAP 039-630-001 Final Payment

Motion

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

Human Resources

Approve Grade Increase-Environmental Specialist II Scott Head

Motion

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

Lakewood Health-Kay Schell

Lakewood Nursing Service Contract Approval

Motion

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

Opioid Treatment Plan-Bylaws

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

Recess

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

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

Motion

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

Recess

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

Attest: September 26, 2023

______________________________ _________________________________

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

September 12, 2023

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

Approval of Purchase-Plastic Chairs

Motion

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

Auditor/Treasurer

Claims

Motion

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Andy’s Garage, Inc. 2,819.05

ByteSpeed, LLC 5,538.00

Cdw Government, Inc 2,590.13

Cenex Co-Op Services, Inc. 17,939.38

Contech Engineered Solutions LLC 70,779.40

Counties Providing Technology 4,204.00

Dentons Dirt Worx, LLC 90,365.54

Election Systems & Software, Inc 3,675.00

Erickson Engineering Company, LLC 3,885.00

Farmers Union Oil company 2,214.38

Gilson Co, Inc. 2,598.04

Howard’s Oil Company 16,532.87

Integris LLC 5,812.98

Joy Brandt Painting 4,250.00

Larkin Hoffman Attorneys 8,837.50

Liberty Tire Recycling, LLC 5,341.20

LOW Highway Dept 15,443.96

Mar-Kit Landfill 15,048.00

Moren/Law Offices Of Patrick D 4,401.80

National Business Furniture, LLC 2,069.60

North East Technical Service,Inc 17,461.20

North Leaf Auto Body 4,741.65

R & Q Trucking, Inc 6,110.00

Verus Corporation 3,300.00

Voice Products 2,639.10

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

59 Payments less than 2000 35,855.33

Final Total: 357,303.11

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

Alternate Appointments

Appointment of Alternate Member for the North Country Community Health Board

Motion

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

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

Motion

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

Attorney Contract Approval

Motion

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

Approval of Proposed 2024 Levy

Resolution

Resolution Adopting

Proposed 2024 Budget and Tax Levy

Resolution   2023-09-01

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

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

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

Revenue Fund $ 2,116,712

Road & Bridge Fund $500,000

Social Services Fund         $603,935

Economic Development Authority Fund   $60,000

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

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

Twp Road & Bridge $476,470*

Twp Fire – Baudette $26,750

 Twp Fire – Williams $17,101

Twp Fire – NW Angle $6,500

Total $526,821

2024

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

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

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

Public Works

Updates

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

Approval of Agreement-MNDOT

Resolution

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

MNDOT AGREEMENT NO. 1054497

RESOLUTION NO. 23-09-02

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

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

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

Land & Water

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

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

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

Why or why not? Shoreline restoration.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? Lake of the Woods shoreline.

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? Shoreline.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods Shoreline.

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not? _________________________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)

Why or why not? _________________________________________________________________

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

Why or why not? ____________________________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 

YES (  )  NO (  )  N/A (X)

Why or why not? ___________________________________________________________________

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

Why or why not? ____________________________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows: None

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

September 12, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

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

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

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

Why or why not? Shoreline restoration.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? Lake of the Woods shoreline.

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? Shoreline.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods Shoreline.

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not? _________________________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)

Why or why not? _________________________________________________________________

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

Why or why not? ____________________________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 

YES (  )  NO (  )  N/A (X)

Why or why not? ___________________________________________________________________

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

Why or why not? ____________________________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows: None

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

September 12, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Human Resources

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

Motion

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

Approval of Grade increase

Motion

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

Uniform Allowance

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

Recess

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

Attest: September 12, 2023

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

September 27,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 27, 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, Jon Waibel, Ed Arnesen, and Cody Hasbargen. Also present was County Auditor/Treasurer Lorene Hanson.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Legislative Update, Conversation about Graceton Beach and applicable ordinances, Affidavit of Lost Warrant, Fraternal Order of Police NW MN Off-Site Gambling.

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from September 13, 2022.

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $6,273.10; Commissioners Warrants $4,292.99; Commissioners Warrants $6,014.10.

Auditor/Treasurer

Claims

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried with Commissioner Buck Nordlof abstaining to approve the claims against the County as follows: Revenue $47,594.57; Road & Bridge $9,369.95; County Development $490.00; Joint Ditch $2,808.00; Solid Waste $24,774.49; Economic Development $1,136.12.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/27/2022 For Payment 9/30/2022

Vendor Name Amount

Andy’s Garage, Inc. 2,210.91

ByteSpeed, LLC 6,909.00

Erickson Timber Products 11,700.00

Forks Freightliner 2,135.83

Goulet/Jason 3,875.00

Larson Helicopters,LLC 2,808.00

North East Technical Service,Inc 6,283.88

Northwest Angle&Island Freight,Inc 10,750.00

Pemberton Law, P.L.L.P. 2,812.50

Quadient Finance USA Inc. 7,000.00

U.S. Bank Equipment Finance 6,268.50

Voyageurs Comtronics, Inc 2,935.54

46 Payments less than 2000 20,483.97

Final Total: 86,173.13

Further moved to authorize the payment of the following auditor warrants: September 14, 2022 for $39,273.41; September 21,2022 for $107,817.63. 

Set Work Session-Cliffs

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set a work session for October 19, 2022 at 12:00 p.m. to discuss Cliffs and DNR Land. 

Set Work Session-DNR

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen to set a work session with the DNR for November 3, 2022 at 9:00 a.m.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Affidavit of Lost Warrant number 38629 in the amount of $149.55.

Fraternal Order of Police NW MN Off-Site Gambling

Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously:

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 22-09-03

WHEREAS; the Fraternal Order of Police NW MN #8 has submitted a Minnesota Lawful Gambling LG220 Application for Exempt Permit Gambling to be conducted at the following establishment, which is located in Lake of the Woods County: Sportsman’s Lodge 2/27/2023

Sportsman’s Lodge 3244 Bur Oak Rd NW Baudette, MN 56623

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said application for submission to the Minnesota Gambling Control Board.

County Surveyor Update

County Surveyor Chad Conner gave an update on various upcoming projects and the completion of the Swiftwater project.

Amendment to Agenda

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund to add Koochiching County Jail meeting discussion to the agenda.

Koochiching County Jail Meeting

The board discussed the upcoming meeting with Koochiching County that will take place on October 3, 2022 at 1:00 p.m. Commissioners Cody Hasbargen and Jon Waibel will attend the meeting.

Legislative Update

Commissioner Ed Arnesen informed the board that the lobbyist that represent us will continue through the end of the year for $25,000 and are hoping for a special session after the election.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve up to $25,000 to Harkin Law Firm for the lobbyist representation fee.

Criminal Justice Data Communications Network (CJDN) Agreements

Motion 

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve CJDN Joint Powers Agreement contract number 216932 for the Lake of the Woods County Sheriff.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve CJDN Joint Powers Agreement contract number 216931 for the Lake of the Woods County Attorney.

Resolution

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

RESOLUTION NO. 22-09-04

RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH COUNTY OF LAKE OF THE WOODS ON BEHALF OF ITS COUNTY ATTORNEY AND SHERIFF

WHEREAS, The County of Lake of the Woods on behalf of its County Attorney and Sheriff desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the County is eligible. The Joint Powers Agreements further provide the county with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the County to pay the costs for the network connection.

NOW, THEREFORE, BE IT RESOLVED by the Lake of the Woods County Board, Minnesota as follows: 

1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of criminal Apprehension and the County of Lake of the Woods County on behalf of its County Attorney and Sheriff are hereby approved.

2. That the Lake of the Woods County Sheriff, Gary Fish, or his successor, is designated the Authorized Representative for the Sheriff. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County’s connection to the systems and tools offered by the State.

3. That the Lake of the Woods County Attorney, James Austad, or his successor, is designated the Authorized Representative for the County Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County’s connection to the systems and tools offered by the State.

4. That James “Buck” Nordlof, the Chair of Lake of the Woods County Board and Lorene Hanson, the County Auditor/Treasurer, are authorized to sign the State of Minnesota Joint Powers Agreements.

Land & Water

LOTW Floodplain Ordinance

Land & Water Director Josh Stromlund discussed the Lake of the Woods County Floodplain Ordinance and discussed changes that could be made if necessary. Section 3.13 of the ordinance could be removed as that section is covered in the Zoning Ordinance.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the LOTW Floodplain Ordinance with the following change: Remove section 3.13. 

Public Works

Solid Waste 

Landfill Fee

The consensus of the board was to set a $15.00 fee for the landfill to accept tires with rims.

Highway Department

County Engineer Anthony Pirkl discussed various projects and reviewed options for the Birch Beach, Sandy Shores meeting to be held Wednesday, September 28, 2022 at 6:00 p.m. in the Commissioners room.

Set County Road Tour Date

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set the annual county road tour date for October 19, 2022 at 2:00 p.m.

Set Joint Ditch Meeting Date

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set the joint ditch meeting with Roseau County at Arnesen’s Rock Harbor for October 19, 2022 at 6:00p.m.

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 10:30 a.m.

Attest: October 11, 2022

______________________________ _________________________________

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