May 24, 2022

AGENDA

Tuesday, May 24, 2022

TIME TAB

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

Approval of Agenda

Approve Minutes of May 10, 2022

9:05 a.m. #2 Social Services

  • Claims

9:10 a.m. #3 Congressional Outreach

  • Calvin Benson

9:30 a.m. #4 Recorder Sue Ney

  • Driftwood Acres Plat

10:00 a.m. #5 Land and Water

  • County Zoning Ordinance Violations
  • Consideration of possible amendment to settlement agreement

11:00 a.m. #6 Human Resources

  • LELS Contract
  • Set Work Session-Maintenance
  • Permission for Grade increase

11:10 a.m. #7 Public Works

  • Highway
    • Retirement Resolution- Lee Hancock
  • Solid Waste
  • Retirement Resolution- Ted Furbish
  • Resolution-Approval of a Master Contract with MNDOT

11:30 a.m. #8 LOW Drifters

  • Resolution-Trail Improvement Grant

11:40 a.m. #9 Veteran Services

12:00 a.m. #10 Sheriff

  • SRT Equipment
  • Safe Boat Grant

12:15 p.m. #11 County Auditor/Treasurer

  • Claims
  • Liquor/Cigarette License- K&J Holding Morris Point
  • NWA Agenda
  • Affidavit Lost Warrant

12:45 p.m. #12 Land Lease

1:00   p.m. #13 Legislative Update

1:10 p.m. #14 RECESS

1:15 p.m. #15 Work Sessions

  • Department Head Review

Old/New Business

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

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

May 24, 2022

AGENDA

Tuesday, May 24, 2022

TIME TAB

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

9:05 a.m. #2 Approval of Agenda

Approve Minutes of May 10, 2022

9:10 a.m. #3 Social Services

  • Claims

9:15 a.m. #4 County Auditor/Treasurer

  • Claims

9:30 a.m. #5 Recorder Sue Ney

  • Driftwood Acres Plat

10:00 a.m. #6 Veteran Services

10:30 a.m. #7 Public Works

  • Highway
    • Update
  • Solid Waste
  • Update

10:45 a.m. #8 Land Lease

10:50 a.m. #9 Recess

10:55 a.m. #10 Work Sessions

  • Department Head Criteria

Old/New Business

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

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

May 10, 2022

May 10, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, May 10, 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: Joe Grund, Buck Nordlof, Jon Waibel and Cody Hasbargen and Ed Arnesen. 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: Legislative Update

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the minutes from April 26,2022.

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $16,980.76; Commissioners Warrants $2,978.92; Commissioners Warrants $15,057.04.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $46,529.33; Road & Bridge $115,748.20; County Development $8,041.00; Solid Waste $24,412.95; EDA $1,405.81.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/10/2022 For Payment 5/13/2022

   Vendor Name Amount

Bert’s Truck Equipment Of Moorhead, Inc 3,637.00 

ByteSpeed, LLC 15,828.00 

Cenex Co-Op Services, Inc. 16,679.96 

Contech Engineered Solutions LLC 75,524.40 

Howard’s Oil Company 5,721.97 

Integris DBA 2,094.63 

LOW Highway Dept 3,602.50 

Mar-Kit Landfill 11,349.00 

Minnesota Ui 2,525.95 

NetCenter Technologies 5,600.00 

Northern Light Region 2,334.09 

Pb Distributing Inc 5,948.31 

Quadient Finance USA Inc. 2,000.00 

WIDSETH 12,841.00

65 Payments less than 2000 30,450.48

Final Total: 196,137.29

Further moved to authorize the payment of the following auditor warrants: April 27,2022 for $20453.84; May 5,2022 for $54,734.44.

PILT Resolution

Resolution

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

RESOLUTION

SUPPORTING PAYMENT IN LIEU OF TAXES (PILT)

Resolution No. 22-05-01

WHEREAS, the Payment in Lieu of Taxes (PILT) Program passed into Minnesota law in 1979 with the statutory purpose “to address the disproportionate impact of state land ownership on local units of government with a large proportion of state land;” and

WHEREAS, 95% of all PILT acreage is located in the northern-half of Minnesota; and

WHEREAS, since 1995, nearly all PILT payment increases have gone to southern Minnesota and metro area counties; and

WHEREAS, in 1979 when PILT payments began, the biggest disparity between the highest PILT compensated county to the lowest compensated county was 8:1 or, 8 times higher, yet today that disparity has grown to a whopping 170:1 or, 170 times higher; and

WHEREAS, the principal cause of PILT payments are so inequitable across MN, is because in 1995, the Acquired Acres category of PILT Payments switched from a flat rate to instead, a land value basis, yet all other major PILT Payment categories remained at a flat rate; and

WHEREAS, the Northern Counties Land Use Coordinating Board (NCLUCB) recently completed a Comprehensive Study re: State PILT and Payments to Counties which verifies all of the above-mentioned inequities; and

WHEREAS, SF 2793 (Bakk) & HF 3073 (Ecklund) have been introduced to help rectify these huge inequities in PILT Payments by substantially increasing PILT payments to Northern MN counties, including a 25.8% increase in Lake of the Woods County; and

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County hereby urges the 2022 Legislature to pass the respective Bakk-Ecklund PILT Bills through the necessary committees and include them in their final Omnibus Tax Bill.

NWA Edge Riders Club Resolution

Resolution

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

Sponsorship of Snowmobile Trails Assistance Program

Resolution No. 22-05-02

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club. 

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement. 

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project. 

LOTW Drifters Resolution

Resolution

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

Sponsorship of Snowmobile Trails Assistance Program

Resolution No. 22-05-03

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Lake of the Woods Drifters Land and Big Traverse Trails managed by Lake of the Woods Drifters. 

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement. 

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project. 

Legislative Updates

Commissioner Ed Arnesen gave an update that included: Tourism, Williams School, Bonding Bill, NWA funding, and PILT.

Land & Water

Consideration of Zone Change #21-11ZC by Tod & Connie Barrow

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Zone Change #21-11ZC by Tod & Connie Barrow: West half (1/2) of the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty-four (34), Township One Hundred Sixty-seven (167) North, Range Thirty-Five (35) West – Parcel ID# 04.34.11.010. 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 Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Consideration of Zone Change #21-11ZC by Tod & Connie Barrow to allow an amendment changing 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 with the following conditions:

  1. Must complete site building by 7/1/2023
  2. Must submit photos of completed structure on the property to the Land and Water Planning Office
  3. Must obtain access permission from the Red Lake Band to cross their property
  4. Must obtain permission from US Customs to use Border cut for access
  5. Property will revert back to Special Protection if cabin is not on site by 7/1/2023

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

TitleDescriptionDateZone
Name of Applicant:Tod and Connie BarrowDate:May 10, 2022
Location/Legal Description:West Half (1/2) of the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty-four (34), Township One Hundred Sixty-seven (167) North, Range Thirty-Five (35) West
Current Zoning Classification:Special ProtectionProposed:Rural Residential (R2)
Parcel Number(s):04.34.11.010Application Number:21-11ZC

The Planning Commission shall consider all facts from all sources prior to submitting a recommendation to the County Board 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:Rural Residential in area
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

_X_Yes ___No

Comments:Rural Residential or Special Protection
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X_No

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

___Yes _X_No

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

___Yes _X_No

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

___Yes _X_No

Comments:Will not change
  1. Has there been a change in the development in the general area of the property in questions?

___Yes _X_No

Comments:No changes

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

___Yes _X_No

Comments:Will not
Conditions: Must complete site building by 7/1/2023
Must submit photos of completed structure on the property to the Land and Water Planning Office
Must obtain access permission from the Red Lake Band to cross their property
Must obtain permission from US Customs to use Border cut for access
Property will revert back to Special Protection if cabin is not on site by 7/1/2023

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

May 10, 2022 _____________________________

  Date James Nordlof

        Chair, County Board

Consideration of Conditional Use Permit #22-01CU by Jon Meikle

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-01CU by Jon Meikle: Northwest quarter (NW¼) Northwest quarter (NW¼) of Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West — Parcel ID# 19.28.22.000. Applicant is requesting an After-the-fact 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 and more than fifty (50) cubic yards outside of the shore impact zone of Bostic Creek for the purpose of constructing a private drive. Bostic Creek is a Tributary River segment.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Jon Waibel and carried unanimously to approve the following Findings of Fact/Consideration of Conditional Use Permit #22-01CU by Jon Meikle to approve the applicants request to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of Bostic Creek for the purpose of constructing a private drive with the following conditions:

  1. Work with SWCD,DNR, and Land and Water Planning for fill redemption, wetland protection, and erosion control
  2. CUP also includes boat ramp if requested

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Jon and Jim Meikle Date:  May 10, 2022

Location/Legal Description:  NW4NW4 of Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.28.22.000

Project Proposal:  To allow applicant to cumulatively move more than ten (10) cubic yards of material within the shore impact zone and to move more than fifty (50) cubic yards of material outside the shore impact zone of the Lake of the Woods for the purpose of constructing a private drive

  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? Shoreland development

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

YES (  )  NO (  )  N/A ( X )

Why or why not? ______________________________________________________

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

Why or why not? Sediment barrier

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

Why or why not? It will not

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

Why or why not? ______________________________________________________

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

Why or why not? Will be working with DNR, SWCD, and LOW County Land and Water Planning departments

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

Why or why not? County Road 8 Access

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

Why or why not? Resort and Recreation area

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

Why or why not? Shoreland activities

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

Why or why not? ______________________________________________________

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

Why or why not? None planned

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

Why or why not? Has well – no sewage treatment planned

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

Why or why not? Minimal increase- private use

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

Why or why not? ______________________________________________________

  1. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties? YES (  )  NO (  )  N/A (  )

Why or why not? Not needed- natural vegetation

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

Why or why not? None needed

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

Why or why not? 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.  Work with SWCD, DNR, and Land and Water Planning for fill redeposition, wetland protection, and erosion control
  2. CUP also includes boat ramp if requested

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

May 10, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

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

Veterans Services

Veteran Services Director Rick Rone gave an update on various programs that are helping veterans in our community including transportation, grants, and mental health. 

Public Works

Public Works Director Anthony Pirkl and Union Representative Todd Djonne met with the board to give an update on various projects for highway & solid waste and to present information on the average pay for technicians in neighboring counties. Consensus was to meet with the personnel committee to look at Tech II and Tech III positions. 

Add to Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to add approval of grade increase for Tech Wyatt Erickson.

Approval of Grade Increase

Motion

Motion was made by Cody Hasbargen, seconded by Joe Grund and carried unanimously to increase Wyatt Erickson from Tech I Grade 10, Step 5 at 22.31 per hour to Tech II Grade 12, Step 3 at 23.82 per hour.

Recess

A brief recess took place at 10:30 a.m. and reconvened at 10:40 a.m.

Attorney Client Privilege- Closed Session

Motion 

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 10:45 a.m. and open the closed session pursuant to MN Statute 13D.03B Attorney Client Privilege. 

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

Motion

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

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to add Set Work Session and advertise, interview, and hire to the agenda.

Permission to Advertise, Interview, & Hire

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the request to advertise and interview for two positions with one position being filled. The positions are for: Solid Waste Processor at Grade 11, Step 1 $21.68 per hour at 265 points, and a Solid Waste Supervisor at Grade 14, Step 1 $25.38 per hour at 321 points.

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to add a work session for department head criteria to the May 24,2022 meeting.

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 11:30 am.

Attest: May 24, 2022

______________________________ _________________________________

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

April 26, 2022

April 26, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, April 26, 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: Joe Grund, Buck Nordlof, Jon Waibel and Cody Hasbargen. Also present was County Auditor/Treasurer Lorene Hanson. Absent: Commissioner Ed Arnesen who was on County business testifying to State Legislators.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: Permission to advertise, interview, and hire Social Worker for Social Services, Williams School Building.

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from April 12,2022.

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 $2,885.54; Commissioners Warrants $4,347.37; Commissioners Warrants $13,824.63.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $53,749.85; Road & Bridge $19,609.16; County Development $200.00; Solid Waste $10,079.96.

WARRANTS FOR PUBLICATION WARRANTS

  Approved On 4/26/2022 For Payment 4/29/2022

Vendor Name Amount

CARRIFF Engineered Fabrics Corporation 2,387.43 

Counties Providing Technology 3,972.00

Integris DBA 2,050.95

Larkin Hoffman Attorneys 10,078.50

Northwest Tire Inc 10,324.80

Quality Decorating LLC 2,645.00 

Skinner Roofing 2,824.63 

The Brink Center DBA 20,000.00 

U.S. Bank Equipment Finance 6,268.50 

41 Payments less than 2000 23,087.16

Final Total: 83,638.97

Further moved to authorize the payment of the following auditor warrants: April 11, 2022 for $397,253.13; April 13, 2022 for $14,832.94; April 20, 2022 for $68,814.82.

County Government Appreciation Day

Resolution

Resolution Adopting

County Government Appreciation Day

Resolution   2022-04- 02

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

A RESOLUTION

Commending the commitment and dedication to public service excellence of county staff and officials by proclaiming April 26 County Government Appreciation Day.

WHEREAS, Minnesota’s 87 counties employ over 36,000 people to provide essential services to create healthy, safe and vibrant communities; and

WHEREAS, the work of county employees is fundamental, whether it’s a newborn well-check by a public health nurse, a passport renewal at a license center, or voter registration and ballot processing; and 

WHEREAS, through their commitment to public service, county employees dedicate their time, skills, and expertise for the benefit of their neighbors, and at times, risk their personal safety coordinating emergency management and managing justice and public safety systems; and 

WHEREAS, the vital work of counties promotes healthy communities, fosters conditions for economic growth, strengthens infrastructure, and improves residents’ quality of life; now, therefore,

BE IT RESOLVED, the Lake of the Woods County Board of Commissioners recognizes the commitment and dedication to public service excellence of county staff and officials and proclaim April 26 County Government Appreciation Day.

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

Williams School

The board discussed options for boarding up or covering openings at the school to prevent intruders from getting in and the possibility of the school building being demolished in the near future. It was the consensus to replace and board up the openings at this time.

Public Works

Assistant Engineer Boyd Johnson gave an update on various projects and the flooding in the area. 

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to set a work session for May 10, 2022 after the regular meeting for solid waste.

Department of Natural Resources

North West Regional Director Theresa Ebbenga and NW and Southern Regional Supervisor Lands and Minerals Cheryl Kelley-Dobie talked with the board about a list of land they received back in 2017 from Lake of the Woods County. They also gave information from statutes in regards to the acquisition of the Carp swamp addition land that has been discussed with Scott Laudenslager in previous meetings. The board would like more information on the list of land when all members are present.

Set Work Session

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to set a work session with the DNR for June 28, 2022. 

Human Resources

Permission to Advertise, Interview and Hire

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to advertise, interview and hire a social worker in the social services department at Grade 13, Step 1 at 298 points.

Amend Agenda

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to add a declaration of emergency resolution, and set department head review date to the agenda.

Set Work Session

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to set a work session for May 10, 2022 to create department head reviews. 

Recess

A brief recess took place at 10:20 a.m. and reconvened at 10:25 a.m.

Emergency Management

Emergency Management Director Jill Olson asked the board to approve a resolution stating a declaration of emergency to receive funds for the flood clean up and for Chair Buck Nordlof to sign the same.

Resolution

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

RESOLUTION

DECLARATION OF EMERGENCY

Resolution No. 22-04-03

WHEREAS; the April 23, 2022 Severe Weather and Flooding event impacted the population of Lake of the Woods County and its cities, and;

WHEREAS; the April 23, 2022 Severe Weather and Flooding event has caused a significant amount of public property damage, and;

WHEREAS; the Lake of the Woods County Department of Emergency Management requests the Lake of the Woods County Board of Commissioners to declare Lake of the Woods County in a STATE OF EMERGENCY for the April 23, 2022 Severe Weather and Flooding event of 2022.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners declares Lake of the Woods County in a STATE OF EMERGENCY for conditions resulting from the April 23, 2022 Severe Weather and Flooding event of 2022.

Assessors

County Assessor Alisa Jacobsen discussed the recent valuations and explained the county wide increase that occurred this year. Consensus was made by the board to mail the information explaining the reason for the change to everyone and to also publish it in the newspaper. 

Amend Agenda

Motion

Motion was made by Commissioner Cody Hasbargen seconded by Commissioner Joe Grund and carried unanimously to add approval to purchase software and hardware to the agenda.

Approval to Purchase

County Assessor Alisa Jacobsen is requesting approval to purchase new software and tablets that would allow the assessors to input information at the property being assessed. The software would cost $3,000 to set up and then a monthly fee of $114.00 to be paid out of the recorders enhancement fund.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of software with CamaMobile and hardware for the assessor’s office.

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 10:55 am.

Attest: May 10, 2022

______________________________ _________________________________

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

April 26, 2022

AGENDA

Tuesday, April 26, 2022

TIME TAB

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

9:05 a.m. #2 Approval of Agenda

Approve Minutes of April 12, 2022

9:10 a.m. #3 Social Services

  • Claims

9:15 a.m. #4 County Auditor/Treasurer

  • Claims
  • Resolution-County Government Appreciation Day

9:30 a.m. #5 DNR 

  • Consideration of Potential Divestitures
  • Carp Addition

10:30 a.m. #6 Assessor

  • Update

10:45 a.m. #7 Public Works

  • Highway
  • Update
  • Solid Waste
  • Permission to Advertise, Interview, and hire Solid Waste Manager

11:00 a.m. #8 Recess

Old/New Business

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

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

April 12, 2022

 April 12, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, April 12, 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: Joe Grund, Buck Nordlof, Jon Waibel and Ed Arnesen. Also present was County Auditor/Treasurer Lorene Hanson. Absent was: Commissioner Cody Hasbargen.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with the following changes: Move public hearing to 10:00 a.m. as was published in the newspaper and approved at the meeting on March 8th,2022. Add: Legislative update, Resolution for 911/Emergency Response Center.

Union Negotiations

Motion 

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting at 9:05 a.m. and open the closed session pursuant to MN Statute 13D.03 Union Negotiations. The following were present: Commissioners: Joe Grund, Buck Nordlof, Jon Waibel, Ed Arnesen, County Auditor/Treasurer Lorene Hanson, County Attorney James Austad, Sheriff Gary Fish, and Human Resources Director Savanna Slick. Joining by phone was: Kristi Hastings.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session at 9:15 a.m. and open the regular meeting.

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from March 22,2022.

Human Resources

Human Resources director Savannah Slick asked the board to approve a grade increase for Deputy Jason Goulet. He is currently Grade 11, 26.25 per hour, Step 11 at 262 points.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve Jason Goulet at Grade 12, $27.70 per hour, Step 11 at 282 points.

Auditor/Treasurer

Claims

Motion

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 $127,912.00; Road & Bridge $35,565.92; Solid Waste $40,173.69; EDA $12,214.28.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/12/2022 For Payment 4/15/2022

Vendor Name Amount

Cenex Co-Op Services, Inc. 19,674.86 

Compass Minerals America 4,833.63

Happy Tree Productions 8,890.00 

Howard’s Oil Company 5,899.28 

KRIS Engineering Inc 3,478.06

Lake of the Woods Electric LLC 6,529.06

Larkin Hoffman Attorneys 14,040.50

LOW Highway Dept 3,710.00 

Mar-Kit Landfill 17,850.00 

Mn Counties Computer Co-Op 18,617.59

Mn State Dept-Correction 23,270.92 

Northern Sports & Machine – Dba 33,938.00 

R & Q Trucking, Inc 4,888.00 

Thortsen Trucking, Inc/Dale 3,992.52 

University Of Mn 9,618.63 

Voyageurs Comtronics, Inc 2,640.00 

Wex Bank 2,051.74 

74 Payments less than 2000 31,943.10

Final Total: 215,865.89

Further moved to authorize the payment of the following auditor warrants: March 23,2022 for $16,354.69; March 30,2022 for $2,277.79; April 6, 2022 for $110,274.42.

Legislative Update

Commissioner Ed Arnesen updated the board on various topics that included: NWA funding, Federal Funding for Law Enforcement, and Tourism.

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 $14,233.85; Commissioners Warrants $4,496.42; Commissioners Warrants $16,563.35.

Correspondence

A letter recognizing the Lake of the Woods County Board and staff for a perfect performance in meeting the Department of Human Services (DHS) financial reporting requirements for calendar year 2021 was presented. 

911/Emergency Response Center

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the support of federal funding for the 911 Emergency Response Center and for a resolution to be drafted by County Attorney James Austad and for Chair Buck Nordlof to sign the same. 

Emergency Management

Permission to Pay for Services

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve payment in the amount of $1,600.00 to DSC Communications for programming support services.

FirstNet by AT&T

Emergency Management director Jill Hasbargen Olson, and MIS Tech John Butenhoff came to the board to request approval to change Law Enforcement services from Verizon to FirstNet by AT&T and went over the benefits of this service. They also recommend switching the County to FirstNet by AT&T.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve FirstNet by AT&T as the new provider. 

Public Hearing-Commissioner Districts

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the public hearing to re-establish Commissioner districts.

Resolution

The following resolution was offered by Commissioner Ed Arnesen and moved for adoption:

A Resolution for Adoption of County Commissioner Districts

Resolution 22-04-01

WHEREAS, Minnesota Statutes Chapter 375 establishes the procedure and requires a process for redistricting County Commissioner districts based on population figures from the Federal Census; and,

WHEREAS, Minnesota Statute section 204B.135, subd. 2 requires that County Commissioner Districts be redistricted within 80 days of when the legislature has been redistricted or at least 15 weeks before the state primary election, whichever comes first; and,

WHEREAS, pursuant to these statutes the 2020 Federal Census population figures shall be used to redistrict the Lake of the Woods County Commissioner Districts by April 26, 2022, and that Commissioner Districts shall be bounded by town, municipal, ward, city district, or precinct lines; and,

WHEREAS, the Lake of the Woods County Board of Commissioners has considered the possibility or potential for maximizing minority representation on the board of commissioners; and,

WHEREAS, Lake of the Woods County published a three week notice in the newspaper having the contract for publishing the commissioner’s proceedings for the county for 2022; and,

WHEREAS, Lake of the Woods County conducted a public meeting on redistricting on April 12, 2022:

NOW, THEREFORE BE IT RESOLVED that the Lake of the Woods County Board of Commissioners hereby redistricts the County of Lake of the Woods, following town, municipal, ward, city district, or precinct lines as reestablished in March, 2022, and reestablishes the length of terms as follows:

Commissioner District 1 (4-year term, 2022 election)

Lake of the Woods Commissioner District 1 consists of that portion of Baudette Township that lies East of the Winter Road River and East of County Road 75, south of where it intersects the Winter Road River; and that portion of the City of Baudette that lies West of the Baudette River, excluding the North ½ of the Southwest ¼

of Section 2, and the Northwest ¼ of the North ½ of Section 3, and the North ½ of the Southwest ¼ of Section 3, and the North ½ of the Northeast ¼ of Section 10 in Spooner Township.

Commissioner District 2 (4-year term, 2024 election)

Lake of the Woods Commissioner District 2 consists of Gudrid Township, Rapid River Township, Unorganized Township 157-30, Unorganized Township 158-30, Boone Township, Swiftwater Township, Kiel Township, and that portion of Baudette that lies East of the Baudette River, excluding the North ½ of the Southeast ¼ of Section 2 in Spooner Township.

Commissioner District 3 (4-year term, 2022 election)

Lake of the Woods Commissioner District 3 consists of the City of Williams, Walhalla Township, Potamo Township, Rulien Township, Victory Township, Forest Area, that portion of Spooner Township not already defined in Districts 1 and 2, and that portion of McDougald Township lying South of State Trunk Highway 11.

Commissioner District 4 (4-year term, 2024 election)

Lake of the Woods Commissioner District 4 consists of Wheeler Township, Wabanica Township, that portion of McDougald Township lying North of State Trunk Highway 11, and that portion of Baudette Township lying West of County Road 75, south of where it intersects the Winter Road River and West of the Winter Road River, north of where it intersects County Road 75.

Commissioner District 5 (4-year term, 2024 election)

Lake of the Woods Commissioner District 5 consists of Lakewood Township, Prosper Township, Zippel Township, Myhre Township, Chilgren Township, Northwest Angle and Islands, and that portion of the City of Roosevelt that lies in Lake of the Woods County.

BE IT RESOLVED that the County Auditor-Treasurer is directed to keep the redistricting plan on file by May 3, 2022, to be effective on June 3, 2022, for the 2022 primary and general election and publish in the Northern Light Region.

BE IT FINALLY RESOLVED that the districts are, for illustrative purposes, identified in a map of the county attached hereto and marked Exhibit A which by reference is hereby made a part hereof.

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

Public Works

Approval of SAP 039-649-005

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve project SAP 039-649-005, graveling of NWA, in the amount of $75,000.33 from state aid.

Approval of SAP 039-594-002

Motion

Motion was made by Commissioner Jon Waibel, seconded by Joe Grund and carried unanimously to grant a conditional approval for the main street north block project SAP 039-594-002 in the amount of $1,398,904.00 and for City Council to approve. 

Approval of Bid for SAP 039-630-001

Motion

Motion was made by Commissioner Jon Waibel, seconded by Ed Arnesen and carried unanimously to approve the bid for SAP 039-630-001, road to Wabanica, from Davidson Construction in the amount of $190,000.00.

Recess

A brief recess took place at 10:40 a.m. and reconvened at 11:00 a.m.

Land & Water

Consideration of Conditional Use Permit #22-06CU Twin Island Sleepers, LLC

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-06CU by Denton and Jennifer Rose (Twin Island Sleepers, LLC.): Government Lot Three (3) & Government Lot Four (4) in Section Three (3), Township One-Hundred Sixty-Two (162) North, Range Thirty-Four (34) West- Parcel ID# 17.03.21.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C and Section 402.1 of the Lake of the Woods County Zoning Ordinance, for the storage of more than five (5) fish houses and commercial winter ice fishing equipment, in a Rural Zoning District (R2).

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-06CU for Denton and Jennifer Rose (Twin Island Sleepers, LLC.) to allow storage of fish houses and ice fishing equipment in a Rural Zoning District (R2) with the following Conditions:

  1. Limited to one-hundred (100) Fish House Units- can include Wheel Houses
  2. No Habitation
  3. Must maintain fifty (50) foot natural vegetative buffer beyond the road right of way and on east side of the property.
  4. Conditional Use Permit expires on sale of property

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Denton and Jennifer Rose (Twin Island Sleepers, LLC) Date:  April 12, 2022

Location/Legal Description:  Government Lot Three (3) & Government Lot Four (4) in Section Three (3), Township One-hundred Sixty-two (162) North, Range Thirty-four (34) West – Parcel ID# 17.03.21.000

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C and Section 402.1 of the Lake of the Woods County Zoning Ordinance, for the storage of more than five (5) fish houses and commercial winter ice fishing equipment, 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? Out of view fish house storage

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

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

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

Why or why not? ___________________________________________________________________________

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? Remove some vegetative cover only

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? Adjacent to County Road 11

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

Why or why not? Rural Residential (R2) Zoning District

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

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

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

Why or why not? ___________________________________________________________________________

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

Why or why not? ___________________________________________________________________________

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

Why or why not? ___________________________________________________________________________

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

Why or why not? ___________________________________________________________________________

  1. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

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

Why or why not? Vegetative to road and to the east; Every access to be gated

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? Requesting 2 4’x8’ signs

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 needed

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. Limited to one-hundred (100) Fish house units – can include wheel houses.
  2. No habitation of fish houses or wheeled houses during storage.
  3. Must maintain fifty (50) foot natural vegetative buffer beyond the road right-of-way and on east side of the property in order to provide screening during summer leaf on conditions.
  4. Units to be stored must not be located within the fifty (50) foot buffer as indicated in item #3 above.
  5. The Conditional Use Permit terminates upon sale or transfer of the property.

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

April 12, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

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

Consideration of Conditional Use Permit #22-07CU The Guide Shack, LLC.

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-07CU by The Guide Shack, LLC: Part of Government Lot Five (5) being part of Outlot A of Brush Island according to the plat thereof on file in the office of the County Recorder. Parcel ID# 03.51.50.014 in Section Twenty-nine (29), Township One-Hundred Sixty-eight (168) North, Range Thirty-three (33) West. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow commercial use of the property consisting of a short-term transient rental property, in a Rural Residential Zoning District (R2). 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/Conditional Use Permit #22-07CU by The Guide Shack, LLC to allow commercial use of the property consisting of a short-term transient rental property, in a Rural Residential Zoning District (R2) with the following conditions:

  1. Quiet time from 10PM-8AM
  2. Occupancy to be based on septic size to a maximum of 12 people
  3. Rules to be posted: quiet time, capacity limits, stay on property, no tents for additional capacity
  4. Contact information must be provided for complaints, emergencies, and septic
  5. Conditional Use Permit expires on sale of property
  6. Meet all MDH guidelines
  7. Septic system As-built and/or site design to occur by July 31, 2022

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: The Guide Shack, LLC Date:  April 12, 2022

Location/Legal Description:  Part of Government Lot Five (5) being part of Outlot A of Brush Island according to the plat thereof on file in the office of the County Recorder. – Parcel ID# 03.51.50.014 in Section Twenty-nine (29), Township One-Hundred Sixty-eight (168) North, Range Thirty-three (33) 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 commercial use of the property consisting of a short-term transient rental property, in a Rural Residential Zoning District (R2). 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 use

2. Is the project proposal consistent with maintaining the public health, safety, and welfare? YES ( X )  NO (  )  N/A (  )

Why or why not? No change

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

Why or why not? ___________________________________________________________________________

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

Why or why not? ___________________________________________________________________________

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

Why or why not? ___________________________________________________________________________

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

Why or why not? ___________________________________________________________________________

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

Why or why not? Lake access only

  1. 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? Vacation rental- water oriented

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

Why or why not? Occupancy to be limited to septic inspection

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

Why or why not? No change

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

Why or why not? See #10 for septic – new well adequate 

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

Why or why not? Building a second dock

  1. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

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

YES (  )  NO ( X )  N/A (  )

Why or why not? Must mark property lines

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

YES ( X )  NO (  )  N/A (  )

Why or why not? One sign approximately 2’x3’

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

Why or why not? ___________________________________________________________________________

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

The specific conditions of approval are as follows:

  1. Quiet hours are from 10PM to 8AM.
  2. Occupancy to be based on septic size to a maximum of 12 people.
  3. Rules to be posted: quiet time, capacity limits, stay on property, no tents for additional capacity.
  4. Contact information must be provided for complaints, emergencies, and septic.
  5. Conditional Use Permit expires on sale or transfer of property.
  6. Meet all MDH guidelines.
  7. Septic system As-built and/or site design to occur by July 31, 2022.

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

        April 12, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

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

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 11:25 am.

Attest: April 26, 2022

______________________________ _________________________________

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

April 12, 2022

AGENDA

Tuesday, April 12, 2022

TIME TAB

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

Approval of Agenda

9:05 a.m. #2 Union Negotiations – Closed Session

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

10:05 a.m. #3 Approve Minutes of March 22, 2022

10:10 a.m. #4 Social Services

  • Claims

10:15 a.m. #5 County Auditor/Treasurer

  • Claims

10:20 a.m. #6 Emergency Management- Jill Olson

  • Approval of Remote Radio Programming Annual Fee
  • FirstNet Sheriff’s Office-County

10:30 a.m. #7 Human Resources

  • Grade Adjustment- Jason Goulet

10:40 a.m. #8 Public Works

  • Highway
  • Approval of Bids SAP 039-630-001
  • Approval of SAP 039-594-002
  • Approval of SAP 039-649-005
  • Drainage Authority
  • Helicopter Spraying
  • Solid Waste
  • April 19th Meeting

11:00 a.m. #9 Land & Water

  • CUP 22-06CU- Twin Island Sleepers, LLC.
  • CUP 22-07CU- The Guide Shack, LLC.

11:30 a.m. #10 Public Hearing

  • Close Regular Meeting/Open Public Hearing
  • Re-Establish Commissioner Districts
  • Close Public Hearing/Open Regular Meeting

12:30 p.m. #11 Recess

Correspondence-Department of Human Services

Old/New Business

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

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

March 22, 2022

March 22, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, March 8, 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: Cody Hasbargen, Joe Grund, Buck Nordlof, and Ed Arnesen. Also present was County Auditor/Treasurer Lorene Hanson. Absent: Commissioner Jon Waibel. 

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the agenda with the following changes: Add Grant Application Substance Youth Disorder, Lost Warrant, Satisfaction of Repayment and Legislative Update. 

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the minutes from March 8,2022.

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 $6,437.02; Commissioners Warrants $2,332.92; Commissioners Warrants $9,838.96.

Auditor/Treasurer

Claims

Motion

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 $74,411.90; Road & Bridge $22,974.65; County Development $200.00; Solid Waste $44,650.36; EDA $1,820.12.

WARRANTS FOR PUBLICATION 2010-2021

Warrants Approved On 3/22/2022 For Payment 3/25/2022

Vendor Name Amount

Cenex Co-Op Services, Inc. 28,987.25 

CentralSquare Technologies, LLC 2,499.96 

Counties Providing Technology 3,972.00 

GM Construction Inc 23,052.26 

Integris DBA 13,994.79 

Motorola Solutions, Inc 15,206.40 

National Business Furniture, LLC 8,358.56

NetCenter Technologies 2,220.00 

Northern Light Region 4,107.82 

Pemberton Law, P.L.L.P. 3,603.98

Quadient Finance USA Inc. 5,000.00 

Royal Tire Inc 4,826.34

RTVision Inc. 3,000.00 

U.S. Bank Equipment Finance 6,268.50 

49  Payments less than 2000 18,959.17

Final Total: 144,057.03

Further moved to authorize the payment of the following auditor warrants: March 4,2022 for $457,551.86; March 9,2022 for $122,854.74; March 16,2022 for $2,103,615.41; March 17,2022 for ($2.00)

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Joe Gund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the application and affidavit for lost warrant number 36799 for vendor number 1676 dated September 17, 2021 for $77.69 without furnishing indemnifying bond.  

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the application and affidavit for lost warrant number 37166 for vendor number 1644 dated December 17,2021 for $148.50 without furnishing indemnifying bond.  

County TV RFP

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve going out on a RFP for maintenance of county tv. towers.

Rehabilitation Housing Satisfaction

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve County Board Chair Buck Nordlof to sign the Satisfaction of Mortgages for the Rental Rehabilitation Loan Program with Crystal Ferrier.

Lake of the Woods County Fair Board

Request for Donation

JP Sweet and Alan Cauble gave an update on the progress and cost of the Fairground canopy project and plans for next years Centennial Fair. Consensus was made by the board to support the canopy project.

Emergency Management

Approve funds- Mobile Radio for Squad Car

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the pre-budgeted funds from the Motorola grant in the amount of $6,669.50 for a mobile radio in a squad car.

Add to Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to add approval of additional training for mapping to the agenda.

Approval of Additional Training for Mapping

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the pre-bill request for additional training for mapping through the Motorola grant. 

Public Works

Public Works Director Anthony Pirkl gave an update on various projects including Bridge 92633, Building Door Replacement, and Drainage Authority JD 22 Erosion Repair.

Lake of the Woods Soil And Water Conservation

2021 County Feedlot Officer (CFO) Annual Report

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the 2021 County Feedlot Officer Annual Report, as presented by Mike Hirst with Lake of the Woods County’s Soil & Water Conservation District and for Chair Buck Nordlof to sign the same.

Human Resources

Permission to Hire

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to hire Cody Nelson for the position of Heavy Equipment Operator at Grade 11, Step 1, $21.68 per hour, Points 265, effective 4/18/ 2022.

Permission to Advertise, Interview & Hire

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously for permission to advertise, interview, and hire Curt Ferrier for the position of Heavy Equipment Operator at Grade 11, Step 3, $22.60 per hour, Points 265, effective in May 2022. 

Legislative Update

Commissioner Ed Arnesen updated the board on various topics that included: Bonding, Tourism Bill, PILT, NWA Forgivable loan, and Representative changes.

Recess

A brief recess took place at 10:00 am. and reconvened at 10:10 am.

Public Works

Robert Peterson Retirement

The following resolution was offered by Commissioner Buck Nordlof and moved for adoption:

RECOGNITION OF YEARS OF SERVICE

ROBERT PETERSON

RESOLUTION 2022-03-03

WHEREAS: Robert Peterson has served Lake of the Woods County as a Heavy Equipment Operator since June 1,1997;

WHEREAS: Robert will retire from Lake of the Woods County effective March 31, 2022 with more than Twenty-Four years of service;

NOW THEREFORE, BE IT RESOLVED: That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Robert for his dedicated service and wishes him well on his retirement.

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

Carp Swamp Addition

Scott Laudenslager from MN DNR and Jackie Paschke gave a brief recap on discussions from previous meetings and listened to any questions/concerns the board has in reference to the sale of land to Pheasants Forever that would then be donated to the DNR to add to the wildlife management area. Consensus was made by the board to add this to the April 12,2022 meeting. No further action was taken at this time.

Leaving the Meeting

Chair Buck Nordlof left the meeting at 10:40 am.

Opioid Response Program-Behavioral Health Care Support

Grant Application

County Attorney James Austad went over the details of the rural communities opioid support grant. There is a coalition of local services that help with the support of substance abuse that would benefit from this grant to serve the local community.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to support the Rural Communities Opioid Response Program-Behavioral Health Care Support grant application.

RECESS

With no further business before the Board, Vice-Chair Ed Arnesen called the meeting to recess at 10:50 am.

Attest: April 12, 2022

______________________________ _________________________________

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

March 22, 2022

AGENDA

Tuesday, March 22, 2022

TIME TAB

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

9:05 a.m. #2 Approval of Agenda

Approve Minutes of March 8, 2022

9:10 a.m. #3 Social Services

  • Claims

9:15 a.m. #4 County Auditor/Treasurer

  • Claims
  • Lost Warrant Affidavit
  • County TV RFP

9:20 a.m. #5 Fair Board

9:35 a.m. #6 Jill Olson

  • Mobile Radio for Squad Car

9:50 a.m. #7 Mike Hirst

  • County Feedlot Annual Report

10:20 a.m. #8 Public Works

  • Highway
    • Bob Peterson Retirement
    • Bridge 92633 Funding
    • Building Door Replacement
  • Drainage Authority
  • JD 22 Erosion Repair Funding
  • Drainage Record Funding

10:45a.m. #11 Human Resources

  • Permission to Hire
  • Heavy Equipment Operator 
  • Permission to Advertise/Interview/Hire
  • Heavy Equipment Operator

11:00 a.m. #12 Carp Swamp Addition

  • Scott Laudenslager

11:30 a.m. #13 Tourism

12:00 p.m. #14 Recess

Old/New Business

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

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

March 8, 2022

March 8, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, March 8, 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: Cody Hasbargen, and Joe Grund. Also present was County Auditor/Treasurer Lorene Hanson. Absent: Commissioners: Buck Nordlof and Jon Waibel. 

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the agenda with the following changes: Add Post Prom Request, NWA Forgivable Loan Update, Stonegarden Grant, and Legislative Update. Remove: Carp Swamp Addition-Scott Laudenslager.

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the minutes from February 22,2022.

NWA- Northerly Park

Joe Laurin requested the board approve a resolution to apply for a grant to hire a skilled landscape architect to work on the NorthWest Angle Northerly Park. He is requesting an additional $2,000 from the county to go towards the project in support of the grant. 

Resolution

The following Resolution was offered by Commissioner Cody Hasbargen and moved for adoption: 

A RESOLUTION IN SUPPORT OF NWA NORTHERLY PARK

      Resolution No. 2022-03-01

Resolution approving a Greater Minnesota Legacy Grant application to the Greater Minnesota Regional Parks and Trails Commission and Minnesota Department of Natural Resources for the Northwest Angle Northerly Park project.

WHEREAS, Lake of the Woods County has the right and authority to sponsor a grant funding request to the Greater Minnesota Regional Parks and Trails Commission (GMRPTC).  

WHEREAS, Lake of the Woods County has a right and authority to act as Legal Sponsor for the State Grant Application of the NWA Northerly Park and will work with the Minnesota Department of Natural Resources (“DNR”), in developing a Grant Agreement relating to the funding which may be awarded by the GMRPTC.

THEREFORE, BE IT RESOLVED, That Lake of the Woods County certifies it has read and understands the Office of Grants Management Conflict of Interest Policy 08-01, will maintain an adequate Conflict of Interest Policy and monitor and report any actual, potential, or perceived conflicts of interest to the GMRPTC and DNR.
BE IT FURTHER RESOLVED, that Lake of the Woods County confirms all of the information in its Application and further confirms that it has no expectation of, or entitlement to, reimbursement of costs incurred prior to grant agreement execution date and, if applicable, it has not entered into a written purchase agreement to acquire property described in its Application if grant funds are to be used for the purchase. 

BE IT FURTHER RESOLVED, that Lake of the Woods County has or will acquire a fee interest ownership or permanent easement over the land described in the Application for regional parks and regional special feature parks as applicable. The applicant has or will acquire a fee interest, permanent or perpetual easement or minimum twenty (20) year lease over the land described in the Application for regional trails or regional special feature parks, as applicable and approved, before the project proceeds.

BE IT FURTHER RESOLVED, that Lake of the Woods County agrees that it will comply with all applicable laws, regulations and requirements as stated in the Grant Agreement with the DNR, including dedicating the park property for uses consistent with the grant agreement into perpetuity or for trails, committing to maintain the trails for a period of not less than twenty (20) years, and dedicating all land acquired under the project for uses consistent with the grant agreement into perpetuity.

BE IT FURTHER UNDERSTOOD, that the GMRPTC will confirm at such time that it has made the award of funds authorizing a Grant Agreement to be developed between the DNR and the Applicant.

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

Northerly Park Fund Request

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the request for $2,000 from Lake of the Woods County to the Northerly Park project in support of the grant agreement. 

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $23,569.88; Commissioners Warrants $2,630.85; Commissioners Warrants $15,425.57.

Approval of out of state travel for Conferences

Social Services Director Amy Ballard asked the board to approve a request for employees to travel out of state for the upcoming conference. 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request for out of state travel for conferences.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $50,515.88; Road & Bridge $266,556.18; County Development $3,978.50; Joint Ditch $14,107.11; Solid Waste $20,661.54; EDA $773.43.

    WARRANTS FOR PUBLICATION

                Warrants Approved On 3/08/2022 For Payment 3/11/2022

                      Vendor Name Amount

                                                   Esri                                             25,000.00 

                                                   Hoffman, Philipp & Martell, PLLC       3,800.00

                                                   Howard’s Oil Company               6,947.56 

                                                   LOW Highway Dept               3,270.00 

                                                   Mar-Kit Landfill                             12,042.00 

                                                   Naylor Heating & Refrigeration LLC 3,401.36

                                                   NetCenter Technologies               3,221.25

                                                   Roseau County Treasurer               14,107.11 

                                                   Thief River Glass                               2,170.00 

                                                   WIDSETH                                             5,228.50 

                                                   Ziegler, Inc                                             251,467.61 

                                                              47 Payments less than 2000 25,937.25

                                                                          Final Total: 356,592.64

Further moved to authorize the payment of the following auditor warrants: February 23, 2022 for $99,114.34; March 2, 2022 for $58,973.02; March 3, 2022 for $3,150.00.

Resolution to Re-Establish Precincts & Polling Places

Resolution

The following resolution was offered by Commissioner Cody Hasbargen and moved for adoption:

A Resolution Re-establishing County Precincts and Polling Places

Resolution 22-03-02

WHEREAS, the legislature of the State of Minnesota has been redistricted; and

WHEREAS, Minnesota Statutes, Section §204B.14, subd. 3(d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first;

NOW, THEREFORE, BE IT RESOLVED that Lake of the Woods County Board of Commissioners, State of Minnesota hereby re-establishes the boundaries of the voting precincts and polling places as follows:

Precinct 1A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 1A consists of that portion of Baudette Township that lies East of the Winter Road River and East of County Road 75, south of where it intersects the Winter Road River; North of Krull St; and West of the City of Baudette.

Precinct 2A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 2A consists of that portion of Gudrid Township that lies outside of the City of Baudette.

Precinct 2C (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 2C consists of the Townships of Boone, Rapid River, Swiftwater, Unorganized 158-30, Keil, and Unorganized 157-30.

Precinct 3A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 3A consists of the Townships of Victory, Rulien, Walhalla, and that portion of Spooner that lies outside of the City of Baudette.

Precinct 3C (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 3C consists of that portion of McDougald Township that lies South of State Trunk Highway 11, not including the City of Williams.

Precinct 3D (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 3D consists of Potamo Township and the Forest Area.

Precinct 4A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 4A consists of Wheeler Township.

Precinct 4B (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 4B consists of Wabanica Township and that portion of Baudette Township that lies West of the Winter Road River and West of County Road 75, south of where it intersects the Winter Road River.

Precinct 4C (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 4C consists of that portion of McDougald Township that lies North of State Highway 11.

Precinct 5A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 5A consists of Myhre, Chilgren, Lakewood, and Prosper Townships.

Precinct 5B (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 5B consists of Zippel Township.

Precinct 5C (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 5C consists of the Northwest Angle and Islands.

Attached to this resolution, for illustrative purposes, is a map showing said precincts and the location of each polling place.

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

Set Public Hearing- Re-Establishing Commissioner Districts

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to set a public hearing date for re-establishing Commissioner Districts on April 12, 2022 at 10:00 a.m.

Post Prom Party Donation Request

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve a donation for the Post Prom Party in the amount of $200.00.

LOW Senior Citizens Council- Brink Center

Jenny Moorman and Gloriann Fischer came to the board to request additional Covid-19 relief funds to replace a loss in revenue the local Brink Center suffered from the pandemic. They gave an overview of the many services provided to the senior citizens in our community and different fundraisers they are excited to start in the spring.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve funds from the American Rescue Plan to the Brink Center in the amount of $20,000.

Public Works

Amendment to the Agenda

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to add the following to the agenda: Ditch Authority, Calcium Chloride, and Permission to advertise, interview and hire two part-time mowers and two part-time technicians. 

Ditch Authority

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to close the regular meeting and open Ditch Authority for discussion.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve funds out of County Ditch 1 for project SAP 039-608-025 in the amount of $41,707.50.

Motion

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

Approval to Accept Bid 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to accept the bid from KGM Contractors for project SAP 039-608-025 in the amount of $623,567.00.

Approval to Accept Bid

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the bid from Gladen Construction for SAP 039-599-001 in the amount of $158,528.00.

Approval to Purchase a Gradation Shaker

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of a mechanical gradation shaker in the amount of $8,398.00.

Calcium Chloride Bids

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Calcium Chloride bid on the South end from Knife River in the amount of $125,305.00.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Calcium Chloride bid in the NorthWest Angle from Fort Distributors, LTD in the amount of $34,500.00.

Permission to Advertise, Interview, and Hire

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request to advertise, interview and hire two part-time mowers at Grade 7, Step 1, 17.63 per hour, Points 191 and two part-time technicians at Grade 5, Step 1, 15.94 per hour, Points 172. 

Highway updates

Public Works Director Anthony Pirkl discussed estimates for Birch Beach and Sandy Shore roads to be paved and informed the board that the Highway Department was awarded the money to pay for the safe routes project. Safe Routes will build safer roads for getting to the school and for bus use.

Recess

A brief recess took place at 9:58 a.m. and reconvened at 10:07 a.m.

EDA

EDA Director Ryan Zemek gave an update to the board on the NWA forgivable loan fund. Consensus was made to pay back the loan but wait until March 31, 2022 in case there are any legislative changes.

Land & Water

Consideration of Conditional Use Permit #22-03CU Lake Area Construction

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-03CU by Lake Area Construction: SW1/4 NW1/4, Section Twenty-Five (25), Township One-Hundred Sixty-one (161) North, Range Thirty-three (33) West- Parcel ID# 22.25.23.000. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to allow the applicant extractive and commercial use of the property consisting of aggregate mining in a Rural Residential Zoning District (R2).

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-03CU for Lake Area Construction to allow the extractive and commercial use of the property consisting of aggregate mining in a Rural Residential Zoning District (R2).

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Lake Area Construction Date:  March 8, 2022

Location/Legal Description:  SW1/4 NW1/4, Section Twenty-five (25), Township One-hundred Sixty-one (161) North, Range Thirty-three (33) West – Parcel ID# 22.25.23.000 

Project Proposal:  To allow applicant extractive and commercial use of the property consisting of aggregate mining 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?  The Lake of the Woods County Board of Commissioners are clear about the values important to the county as it develops an approach to manage its land base. While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land. The values important to Lake of the Woods County is as follows:

  • Conservation:  Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations.
  • Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. The goals pertinent to this request is as follows:

  • Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  • Maintain the tax base of the county so quality services can be provided.

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

YES (X)  NO (  )  N/A (  )

Why or why not? The site is buffered with natural vegetation and located over a quarter mile from a residence.

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

Why or why not? The site is not within a shoreland area and proposed use is contained within the boundaries of the site.

  1. 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?  The proposed extractive use will adversely affect the site’s existing topography and vegetative cover. However, the site’s location, vegetative buffer, and the limited amount of resources to be extracted offset the alterations proposed.

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

Why or why not? The site’s location is not within a floodplain and/or floodway.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  The site’s erosion potential is minimal due to the existing vegetative buffer and any sediment transport is fully contained within the boundaries of the property.

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

Why or why not?  Township Road 96 is located on west side of property.

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

Why or why not?  The property is isolated and a natural vegetative buffer is intact.

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

YES (  )  NO (  )  N/A (X)

Why or why not? The property location is not within a shoreland area.

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

Why or why not? There will be no liquid waste generated from this project proposal.

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

Why or why not? The property location is not within a shoreland area.

  1. Is the site adequate for water supply and on-site sewage treatment systems?

YES (  )  NO (  )  N/A (X) Why or why not? The project proposal doesn’t include a water supply or sewage treatment systems.

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

Why or why not? The project proposal will not generate additional watercraft.

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

Why or why not? No storage tanks are associated with this project proposal.

  1. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties? YES (X)  NO (  )  N/A (  )

Why or why not?  A natural vegetative buffer is intact.

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

Why or why not? No signs are associated with the project proposal.

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

YES (X)  NO (  )  N/A (  )

Why or why not? The amount of additional traffic would be considered normal as to the location of the proposed site. Parking on the site is not an issue as there is more than enough space to accommodate the equipment used to extract and haul the material.

The specific conditions of approval are as follows:  _____________________________________________

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

March 8, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

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

Consideration of Conditional Use Permit #22-04 Weston Johnson

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-04CU by Weston Johnson: NE ¼ SW 1/4 – Parcel ID #28.16.31.000, N ½ NW 1/4, Less Deeded, S ½ NW ¼- Parcel ID #28.16.21.000, and W ½ NE ¼- Parcel ID #28.16.12.000 in Section Sixteen (16), Township One Hundred-Sixty (160 North, Range Thirty-Three (33) West. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to allow the applicant 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 Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-04CU for Weston Johnson to allow extractive and commercial use of the property consisting of aggregate mining, washing, and bituminous material, in a Rural Residential Zoning District (R2). 

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Weston Johnson Date:  March 8, 2022

Location/Legal Description:  NE¼SW¼ -Parcel ID# 28.16.31.000, N½NW¼, Less Deeded, S½ NW¼ – Parcel ID# 28.16.21.000, and W½ NE¼ – Parcel ID# 28.16.12.000 in Section Sixteen (16), Township One Hundred-Sixty (160) North, Range Thirty-three (33) West.

Project Proposal:  To allow applicant extractive and commercial use of the property consisting of aggregate mining, washing, 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?  The Lake of the Woods County Board of Commissioners are clear about the values important to the county as it develops an approach to manage its land base. While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land. The values important to Lake of the Woods County is as follows:

  • Conservation:  Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations.
  • Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. The goals pertinent to this request is as follows:

  • Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  • Maintain the tax base of the county so quality services can be provided.

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

YES (X)  NO (  )  N/A (  )

Why or why not? The site is buffered with natural vegetation along County Road 14 and along the northern property line. The proposed wash plant is to recirculate within the boundaries of the site and not discharge to a natural drainageway. The proposed bituminous plant would be general down wind of the residence located north of the property.

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

Why or why not? The site is not within a shoreland area and proposed use is contained within the boundaries of the site. The proposed wash plant is to recirculate within the boundaries of the site and not discharge to a natural drainageway.

  1. 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?  The proposed extractive use will adversely affect the site’s existing topography and vegetative cover. However, the site’s location, vegetative buffer, and the limited amount of resources to be extracted offset the alterations proposed.

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

Why or why not? The site’s location is not within a floodplain and/or floodway.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  The site’s erosion potential is minimal due to the existing vegetative buffer and any sediment transport is fully contained within the boundaries of the property. The proposed wash plant is to recirculate within the boundaries of the site and not discharge to a natural drainageway.

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

Why or why not?  The access to and from the site is off of County Road 65 and then a private roadway.

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

Why or why not?  The property location is isolated, surrounded by farmland and pasture, and a natural vegetative buffer is intact.

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

YES (  )  NO (  )  N/A (X)

Why or why not? The property location is not within a shoreland area.

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

Why or why not? There will be no liquid waste generated from this project proposal.

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

Why or why not? The property location is not within a shoreland area.

12. Is the site adequate for water supply and on-site sewage treatment systems?

YES (  )  NO (  )  N/A (X) Why or why not? The project proposal doesn’t include a water supply or sewage treatment systems.

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? The project proposal will not generate additional watercraft.

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? No storage tanks are associated with this project proposal.

  1. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties? YES (X)  NO (  )  N/A (  )

Why or why not?  A natural vegetative buffer is intact.

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

Why or why not? No signs are associated with the project proposal.

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

YES (X)  NO (  )  N/A (  )

Why or why not? The amount of additional traffic would be considered normal as to the location of the proposed site. Parking on the site is not an issue as there is more than enough space to accommodate the equipment used to extract and haul the material.

The specific conditions of approval are as follows:  _____________________________________________

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

March 8, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

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

Consideration of Conditional Use Permit #22-05 Olson Construction, LLC

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-05CU by Olson Construction, LLC: NW ¼ NW ¼, Less the East 165.5’ in Section Twenty-Three (23), Township One Hundred-Sixty (160) North, Range Thirty-three (33) West. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to allow the applicant 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 Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-05CU for Olson

Construction, LLC. to allow extractive and commercial use of the property consisting of aggregate mining, washing, and bituminous material, in a Rural Residential Zoning District (R2). 

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Olson Construction, LLC Date:  March 8, 2022

Location/Legal Description:  NW¼NW¼, Less the East 165.5’ in Section Twenty-three (23), Township One Hundred Sixty (160) North, Range Thirty-three (33) West

Project Proposal:  To allow applicant extractive and commercial use of the property consisting of aggregate mining, washing, 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?  The Lake of the Woods County Board of Commissioners are clear about the values important to the county as it develops an approach to manage its land base. While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land. The values important to Lake of the Woods County is as follows:

  • Conservation:  Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations.
  • Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. The goals pertinent to this request is as follows:

  • Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  • Maintain the tax base of the county so quality services can be provided.

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

YES (X)  NO (  )  N/A (  )

Why or why not? The site is buffered with a 6-8 foot berm along County Road 3 and 181. The proposed wash plant is to recirculate within the boundaries of the site and not discharge to a natural drainageway. The proposed bituminous plant would be general down wind of the residence located north and northeast of the property.

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

Why or why not? The site is not within a shoreland area and proposed use is contained within the boundaries of the site due to the berms present. The proposed wash plant is to recirculate within the boundaries of the site and not discharge to a natural drainageway.

  1. 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?  The proposed extractive use will adversely affect the site’s existing topography and vegetative cover. However, the site’s location, berm and vegetative buffer, and the limited amount of resources to be extracted offset the alterations proposed.

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? The site’s location is not within a floodplain and/or floodway.

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 (X)  NO (  )  N/A (  )

Why or why not?  The site’s erosion potential is minimal due to the existing berms and vegetative buffer. Any sediment transport is fully contained within the boundaries of the property. The proposed wash plant is to recirculate within the boundaries of the site and not discharge to any drainageway.

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

Why or why not?  The access to and from the site is off of County Road 3 or 181.

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

Why or why not?  The property location is in an area of forestland, pasture, farmland and rural residences. The rural residences have natural vegetative buffer/screening from the proposed project site.

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

YES (  )  NO (  )  N/A (X)

Why or why not? The property location is not within a shoreland area.

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

Why or why not? There will be no liquid waste generated from this project proposal.

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

Why or why not? The property location is not within a shoreland area.

  1. Is the site adequate for water supply and on-site sewage treatment systems?

YES (  )  NO (  )  N/A (X) Why or why not? The project proposal doesn’t include a water supply or sewage treatment systems.

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

Why or why not? The project proposal will not generate additional watercraft.

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

Why or why not? No storage tanks are associated with this project proposal.

  1. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties? YES (X)  NO (  )  N/A (  )

Why or why not?  A berm and natural vegetation buffer screens adjacent neighboring property from the project site.

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 are associated with the project 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 (X)  NO (  )  N/A (  )

Why or why not? The amount of additional traffic would be considered normal as to the location of the proposed site. Parking on the site is not an issue as there is more than enough space to accommodate the equipment used to extract and haul the material.

The specific conditions of approval are as follows:  _____________________________________________

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

March 8, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

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

Maintenance

Boiler Repair

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the repair of the boiler up to $9,000.

Sheriff

Stonegarden Grant

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the 2020 Stonegarden Grant Contract Agreement and for Vice-Chair Ed Arnesen and Sheriff Gary Fish to sign the same.

Legislative Update

Commissioner Ed Arnesen gave an update from the AMC Conference he attended. Topics included: PILT Funds, Tourism Bureau legislation, and Lobby seeking bonding money for Law Enforcement.

Attorney Client Privilege- Closed Session

Motion 

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 10:52 a.m. and open the closed session pursuant to MN Statute 13D.03B Attorney Client Privilege. 

The following were present: Commissioners: Joe Grund, Cody Hasbargen, Ed Arnesen, County Auditor/Treasurer Lorene Hanson, and Sheriff Gary Fish.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session at 12:35 p.m. and reopen the regular meeting.

RECESS

With no further business before the Board, Vice-Chair Ed Arnesen called the meeting to recess at 12:36.

Attest: March 8, 2022

______________________________ _________________________________

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