May 31, 2022

Emergency Meeting- Flooding

The Lake of The Woods County Board of Commissioners met in an emergency session on Tuesday, May 31, 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 3:00 p.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Buck Nordlof, Jon Waibel, Joe Grund and Ed Arnesen. Also present was County Auditor/Treasurer Lorene Hanson, Emergency Management Director Jill Hasbargen-Olson, County Engineer Anthony Pirkl, Land & Water Director Josh Stromlund, and County Attorney James Austad.

Approval of Agenda

Motion

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

FLOODING

There was in depth discussion about the water levels that are rapidly increasing in Lake of the Woods County and how to combat the flooding that has been an issue for the community and businesses. Topics included: retrieving a sandbagger back from another county, requesting volunteers, ordering sandbags, budgets, sandbags at different locations, including flood mapping on website with GIS, and establishing an Emergency Operations Command Center Committee.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to establish the Emergency Operations Command Center Committee (EOC) and to appoint the following members:  Commissioner Ed Arnesen, Commissioner Jon Waibel, Jill Hasbargen-Olson, Anthony Pirkl, Josh Stromlund. Alternate: Commissioner Buck Nordlof.

Recess

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 4:25 p.m.

Attest: June 7, 2022

______________________________ _________________________________

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

May 24, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, May 24, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Letter of support, Emergency Management, and water level update.

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from May 10,2022.

Social Services

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $3,270.14; Commissioners Warrants $2,714.93; Commissioners Warrants $25,876.43.

Congressional Outreach

District Outreach Representative Calvin Benson  for Michelle Fischbach’s office gave an update on various bills and answered questions from the board. Topics included: Gas price relief act, 2023 Farm Bill, flooding, New CDL requirements, and the Law Enforcement Center.

Recorder

County Recorder Sue Ney met with the board to obtain approval for the final plat of Driftwood Acres.

Motion

Motion was made by Commissioner Jon Waibel to approve the final plat of Driftwood Acres and for the Chairman of the County Board and the County Auditor to sign the same; seconded by Commissioner Cody Hasbargen and unanimously carried. 

Land & Water 

Land & Water Director Josh Stromlund informed the board that he had received an informative presentation about the water levels and the future forecast for rising water levels. He will be sending this information to the board. Mr. Stromlund also discussed datum points, and the National Flood Insurance Program (NFIP).

Recess

A brief recess took place at 10:22 a.m. and reconvened at 10:33 a.m.

County Zoning Violations

Land & Water Director Josh Stromlund asked the board for permission to abate and/or prosecute a number of people that have continued to violate the zoning ordinance. He has attempted to reach out and offer his assistance to many that have refused to follow up or have chosen to ignore his correspondence. Consensus was made by the board to allow Land & Water Director Josh Stromlund to move forward with his request to abate and/or prosecute these violators. 

Consideration of Possible Amendment

Land & Water Director Josh Stromlund informed the board that there is a request to amend the settlement agreement that was put in place by the DNR, Lake of the Woods SWCD, Lake of the Woods County, Northern Conservation LLC, and Cliffs Mining Company regarding the Williams Creek wetland mitigation site. The request is from Cliffs Mining Company to amend the hydrology standards as originally agreed upon.

Human Resources

Approval of LELS Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Law Enforcement Labor Services Contract as presented by Human Resources Director Savanna Slick.

Set Work Session

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for maintenance for June 7,2022 following the regular board meeting.

Permission for Grade Increase

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve a grade increase for Deputy Andy Jesperson from Grade 12, Step 3, $23.82 per hour at 282 points to Grade 13, Step 3, $25.10 per hour at 288 points.

Public Works

Retirement Resolution- Lee Hancock

Resolution

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

RECOGNITION OF YEARS OF SERVICE

LEE HANCOCK

RESOLUTION NO. 22-05-04

WHEREAS: Lee Hancock has served Lake of the Woods County as a Heavy Equipment Operator since October 7,1991;

WHEREAS: Lee will retire from Lake of the Woods County effective May 27,2022 with more than thirty years of service;

NOW THEREFORE, BE IT RESOLVED: That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Lee 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.

Retirement Resolution- Ted Furbish

Resolution

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

RECOGNITION OF YEARS OF SERVICE

TED FURBISH

RESOLUTION NO. 22-05-05

WHEREAS: Ted Furbish has served Lake of the Woods Count as a Solid Waste Processor and Solid Waste Manager since July 14, 1992;

WHEREAS: Ted will retire from Lake of the Woods County effective May 27,2022 with twenty-nine years of service;

NOW THEREFORE, BE IT RESOLVED: That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Ted 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.

Add to Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to add Letter to Koochiching County and short-term garbage hauling to the agenda.

Letter to Koochiching County

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to write a formal letter to Koochiching County expressing interest in a partnership for support with hauling for solid waste.

Short-Term Garbage Hauling

County Engineer Anthony Pirkl let the board know that the Solid Waste department would be short staffed for the month of June and presented quotes from businesses that would like to assist with hauling garbage on a short-term basis. Consensus was made by the board to allow County Engineer Anthony Pirkl to make the best choice based on the quotes for the short-term help of hauling for the Solid Waste department.

Approval of Master Contract with MNDOT

Resolution

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

MINNESOTA DEPARTMENT OF TRANSPORTATION

Resolution No. 22-05-06

WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and

WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and

WHEREAS: the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs.

BE IT RESOLVED:  that the County of Lake of the Woods enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the board.

BE IT FURTHER RESOLVED, that the proper County officers are authorized to execute such contract, and any amendments thereto.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the County Engineer may execute such work order contracts on behalf of the County of Lake of the Woods without further approval by this board.

LOTW Drifters

Resolution

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

MN Snowmobile Trail Assistance Program

FY2022 Trail Improvement Grant

Resolution – 22-05-07

WHEREAS, the Lake of the Woods County supports the grant application made to the Minnesota Department of Natural Resources for the FY22 Trail Improvement Project on behalf of the Lake of the Woods Drifters Snowmobile Club.  The application is to repair and/or replace bridges on the Trails in Lake of the Woods County. The trail system is located within Lake of the Woods County 

WHEREAS, the Lake of the Woods County recognizes that the Lake of the Woods Area Drifters Snowmobile Club will be contributing a twenty-five percent (25%) cash match to the project. 

NOW, THEREFORE, BE IT RESOLVED, if Lake of the Woods County is awarded a grant by the Minnesota Department of Natural resources, the County agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project.  The County will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and

BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Trail Program Grant Manual and certifies it will report any actual, potential, perceived, or organizational conflicts of interest upon discovery to the state related to the application or grant award.

BE IT FURTHER RESOLVED, the County Board names the fiscal agent for Lake of the Woods County as: 

Lorene Hanson 

County Auditor-Treasurer

206 8th Ave SE, Suite 260, 

Baudette, MN 56623

BE IT FURTHER RESOLVED, the County hereby assures the trail improvements will be maintained for a period of no less than twenty (20) years as required by the Recreational Trail Grant Programs.

Sheriff

Sheriff Gary Fish asked the board for approval to purchase new Special Response Team Equipment and discussed the need for a Safe Boat for transporting prisoners from the Northwest Angle.

SRT Equipment

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of new equipment for Special Response Team in the amount of 3,805.53.

Safe Boat Contract

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to hire Lexipol in the amount of $3,000 to draft a grant to support the purchase of a Safe Boat.

Veteran Services

Veteran Services Officer Rick Rone gave an update to the board and discussed the gas prices having an effect on volunteer drivers.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to raise the mileage amount from 58.5 cents per mile to 68.5 cents per mile for volunteer drivers only.

Emergency Management

Emergency Management Director Jill Hasbargen-Olson gave an update on the flooding and the water level projection over the next week. There have been 10,000 bags of sand given out and a delivery of 32,000 bags arrived. Jill informed the board that there is sand that can be delivered and wanted direction as to where it should go. It was the consensus of the board to deliver sand to Zipple Bay and Winterset and to deliver as needed for sandbagging.

Old/New Business

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to add Water Level to old/new business on future agendas. 

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $59,015.95; Road & Bridge $11,228.46; County Development $200.00; Solid Waste $7,427.57; EDA $1,103.65.

 WARRANTS FOR PUBLICATION

Warrants Approved on 5/24/2022 for Payment 5/27/2022

Vendor Name Amount

American Solutions For Business 3,375.86

Counties Providing Technology 4,097.00

DLT Solutions, LLC 7,471.16

Larkin Hoffman Attorneys 28,286.75

Mn Dept Of Transportation 3,313.10

Northern Light Region 3,902.50

U.S. Bank Equipment Finance 6,268.50

46 Payments less than 2000     22,260.76

Final Total:  78,975.63

Further moved to authorize the payment of the following auditor warrants: May 11,2022 for $25,456.19; May 17,2022 for $19,256.15; and May 23,2022 for $265,552.37. 

Liquor/Cigarette License- K&J Holdings, LLC. Morris Point

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the application for Liquor/Cigarette License from K&J Holdings, LLC.

NWA Agenda

The board discussed and began planning the agenda for the board meeting to be held at the Northwest Angle June 14,2022.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Affidavit of Lost Warrant number 36758 in the amount of $275.68.

Land Lease

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to allow the tenants to remove their crops after this year and then discontinue leasing land moving forward.

Legislative Updates

Commissioner Ed Arnesen gave an update on various legislative topics that included: NWA Bill, Tourism, PILT, Williams School, and the Law Enforcement Center.

Add to Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to add Advertise, Interview & Hire to the agenda.

Advertise, Interview & Hire

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to advertise, interview, & hire for a Facilities & Safety Coordinator Grade 9, Step 1, 19.55 per hour at 230 points.

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 12:30 pm.

Attest: June 7, 2022

______________________________ _________________________________

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

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

Title	Description	Date	Zone
Name of Applicant:	Tod and Connie Barrow	Date:	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 Protection	Proposed:	Rural Residential (R2)
Parcel Number(s):	04.34.11.010	Application 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

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

_X_Yes ___No

Comments:	Rural Residential or Special Protection

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

___Yes _X_No

Comments:	No change

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

___Yes _X_No

Comments:	No change

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

___Yes _X_No

Comments:	No change

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

___Yes _X_No

Comments:	Will not change

7. 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? ______________________________________________________

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

Why or why not? Sediment barrier

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? It will not

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

Why or why not? ______________________________________________________

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

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

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

Why or why not? County Road 8 Access

8. 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

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

Why or why not? ______________________________________________________

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

Why or why not? None planned

12. 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

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 ( X )  NO (  )  N/A (  )

Why or why not? Minimal increase- private use

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

Why or why not? ______________________________________________________

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

Why or why not? Not needed- natural vegetation

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

Why or why not? None needed

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? 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