COMMISSIONER PROCEEDINGS
October 8, 2024
The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 8, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.
CALL TO ORDER
Chair Cody Hasbargen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Jon Waibel, Ed Arnesen, Buck Nordlof and Joe Grund. Also present was County Auditor-Treasurer Lorene Hanson.
APPROVAL OF AGENDA
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Abatement Approval, Assessor Re-appointment, Certified Wetland Determination, Gambling Permit, and Closed Session.
APPROVAL OF MINUTES
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of September 24, 2024 with changes.
SOCIAL SERVICES
Claims
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $10,313.07; Commissioners Warrants $3,259.50; Commissioners Warrants $43,340.49.
Residential Treatment Screening Contract
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Residential Treatment Screening contract between Lake of the Woods County and Beyond Breaking Barriers, LLC. and for Chair Cody Hasbargen and Social Services Director Amy Ballard to sign the same.
Children’s Mental Health Contract
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Children’s Mental Health contract between the State of Minnesota Human Services, Behavioral Health Administration and Lake of the Woods County.
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 $55,526.49; Road & Bridge $905,677.57; County Development $200.00; Natl Resc Enhanc $881.00; Joint Ditch $2,830.00; Solid Waste $28,773.66.
WARRANTS FOR PUBLICATION
Warrants Approved On 10/08/2024 For Payment 10/11/2024
Vendor Name Amount
Howard’s Oil Company 4,779.56
Integris LLC 6,835.06
KC TECH LLC 2,925.00
Lake Superior College 4,075.00
Lavalla Sand & Gravel Inc 856,500.00
Law Offices Of Patrick D. Moren 9,065.73
LOW Highway Dept 5,291.65
Mar-Kit Landfill 14,043.50
Pomp’s Tire-Thief River Falls 6,415.28
Powerplan 9,336.65
Quadient Finance USA Inc. 2,000.00
R & Q Trucking, Inc 5,568.00
SeaChange Print Innovations 7,174.27
Sir Lines-A-Lot, LLC 18,480.72
Summit Fire Protection 2,175.00
Wikstrom Telephone Co.,Inc 6,570.90
47 Payments less than 2000 32,652.40
Final Total: 993,888.72
Further moved to authorize the payment of the following auditor warrants: September 25, 2024 for $11,226.49; October 2, 2024 for $61,296.60; October 3, 2025 for $258,597.41.
Revenue & Expense Guidelines
County Auditor-Treasurer Lorene Hanson gave the board a copy of the January-September 2024 Revenue and Expense guidelines for their review.
Gambling Permit-Youth Hockey
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the gambling permit application from Lake of the Woods Youth Hockey.
Assessors
Local Option Disaster Abatement and Credit
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the application for local option disaster abatement of payable 2024 taxes and a credit for payable 2025 taxes for parcel number 31.07.11.010.
Re-appointment of County Assessor
Resolution
The following Resolution was offered by Commissioner Ed Arnesen and moved for adoption:
A RESOLUTION APPOINTMENT OF COUNTY ASSESSOR
Resolution No. 2024-10-01
WHEREAS, the County Assessor position is appointed and/or reappointed every four (4) years pursuant MN Statute 273.061, Subd 2;
BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners does hereby approve the appointment of Alisa Jacobsen for the term of January 01, 2025 through December 31, 2028;
BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners recommends that the Commissioner of the Minnesota Department of Revenue (DOR) confirm this reappointment.
The resolution was seconded by Commissioner Jon Waibel, and the same being put to a vote, was unanimously carried.
Human Resources
Permission to Hire Office Support Specialist
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to hire Office Support Specialist Val Canfield at Grade 9, Step 1, $20.64 per hour at 222 points effective October 21, 2024.
Flu Shot Approval
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve public health to administer flu shots in the Government Center Courtroom on October 8, 2024 from 12:30p.m.-2:30p.m.
Emergency Management
LEAST Services Contract
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the LEAST services contract between Lake of the Woods County and LEAST Services/Counseling LLC for the year 2025 and to be paid for out of the social services fund.
Land & Water
Consideration of Interim Use Permit #24-05-IU by Brian Erickson
Lot five (5) Boyd Addition, Sections One (1) and Six (6), Township One hundred Sixty-one (161) North, Range Thirty-two (32) and Thirty-one (31) West, respectively- Parcel ID#23.54.00.000. Applicant is requesting an Interim Use Permit as required by Section 1106 of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1). The Rainy River is an Agricultural River Segment.
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-05IU by Brian Erickson to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:
- The interim use permit terminate five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
- The maximum occupancy is limited to four (4) individuals.
- The established quiet hours are from 10:00 p.m. to 8:00 a.m.
- A valid Certificate of Compliance for the septic system is required.
- No on-street parking is allowed.
- If applicable, the applicant must meet the Minnesota Department of Health requirements.
- Local contact person and emergency numbers must be posted in the dwelling.
Lake of the Woods County Board of Commissioners
Short-Term Vacation Rental Findings of Fact and Decision
Name of Applicant: Brian Erickson Date: October 8, 2024
Location/Legal Description: Lot Five (5), Boyd Addition Parcel Number: 23.54.00.050
Project Proposal: Applicant is requesting an Interim Use Permit, as required by Sections 1106 of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Residential (R1) Zoning District.
- 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? Resort area and property is located in the growth corridor.
- Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES (X) NO ( ) N/A ( )
Explain? Applicant has met the criteria based upon the submitted application.
- Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Explain? Residential.
- Is the site in harmony with existing and proposed access to the property? YES (X) NO ( ) N/A ( )
Explain? Public road, Stanton Drive.
- Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X) NO ( ) N/A ( )
Explain? No change.
- Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?
YES (X) NO ( ) N/A ( )
Explain? As per submitted application.
- Does the water test meet the Minnesota Department of Health drinking water standards? YES (X) NO ( ) N/A ( )
Explain? The water test results are part of the submitted application.
- Has the applicant identified the maximum number of occupants? YES (X) NO ( ) N/A ( )
Explain? The maximum number of occupants is limited to four (4) individuals.
- Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X) NO ( ) N/A ( )
Explain? The septic system has a valid Certificate of Compliance and is sized for a 2-bedroom dwelling.
- Has the applicant established quiet hours? YES (X) NO ( ) N/A ( )
Explain? The established quiet hours are from 10:00 p.m. to 8:00 a.m.
- Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X) NO ( ) N/A ( )
Explain? See submitted application.
- Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X) NO ( ) N/A ( )
Explain? See submitted application.
- Has the applicant identified a local person and their contact information? YES (X) NO ( ) N/A ( )
Explain? See submitted application.
- 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 ( )
Explain? No signage has been requested.
- Is fencing and/or screening needed to buffer the project proposal from adjacent properties?
YES ( ) NO ( ) N/A (X)
Explain? No need for fencing and/or screening.
The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.
The specific reasons for denial or conditions of approval are as follows:
- The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
- The maximum occupancy is limited to four (4) individuals.
- The established quiet hours are from 10:00 pm to 8:00 am.
- A valid Certificate of Compliance for the septic system is required.
- No on-street parking is allowed.
- If applicable, the applicant must meet the Minnesota Department of Health requirements.
- Local contact person and emergency numbers must be posted in the dwelling.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
October 8, 2024 _____________________________________
Date Cody Hasbargen
Chair, County Board
Consideration of Conditional Use Permit #24-04CU by Lyle and Pauline Longtin
That part of Government Lot Three (3), Section Five (5), Township One hundred Sixty-three (163) North, Range Thirty-four (34) West- Parcel ID#14.05.31.040. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap. Lake of the Woods is a General Development Lake.
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-04CU by Lyle and Pauline Longtin to move more than ten (10) cubic yards of material withing the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap with the following conditions.
- Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.
- If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.
Lake of the Woods County Board of Commissioners
Findings of Fact and Decision
Name of Applicant: Lyle and Pauline Longtin Date: October 8, 2024
Location/Legal Description: That part of Government Lot 3, Section 5, Township 163N, Range 34W – Parcel ID#14.05.31.040.
Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap.
- Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( )
Why or why not? Shoreline management.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
- 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? ____________________________________________________________________
- 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? ____________________________________________________________________
- 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? ____________________________________________________________________
- 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? ____________________________________________________________________
- Is the site in harmony with existing and proposed access roads? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
- Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Why or why not? Shoreline protection.
9. Does the project proposal have a reasonable need to be in a shoreland location?
YES (X) NO ( ) N/A ( )
Why or why not? Lake of the Woods.
- 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? ____________________________________________________________________
- 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? ____________________________________________________________________
- Is the site adequate for water supply and on-site sewage treatment systems? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
- 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? ____________________________________________________________________
- 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? ____________________________________________________________________
- Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
- 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? ___________________________________________________________________
- If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.
The specific reasons for denial or conditions of approval are as follows:
- Applicant is to follow DNR Guidance document titled “Shoreline Alterations: Riprap”.
- If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
October 8, 2024 _____________________________________
Date Cody Hasbargen
Chair, County Board
Consideration of Conditional Use Permit #24-05CU by Rocky Point Cabin, LLC
That part of Government lot Three (3), Section Five (5), Township one hundred and Sixty-three (163) North, Range Thirty-four (34) West- Parcel ID#14.05.31.030. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap. Lake of the Woods is a General Development Lake.
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-05CU by Rocky Point Cabin, LLC to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap with the following conditions:
- Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.
- If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.
Lake of the Woods County Board of Commissioners
Findings of Fact and Decision
Name of Applicant: Rocky Point Cabin, LLC %Brett Longtin Date: October 8, 2024
Location/Legal Description: That part of Government Lot 3, Section 5, Township 163N, Range 34W – Parcel ID#14.05.31.030.
Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap.
- Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( )
Why or why not? Shoreline management.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
7. Is the site in harmony with existing and proposed access roads? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
8. Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Why or why not? Shoreline protection.
9. Does the project proposal have a reasonable need to be in a shoreland location?
YES (X) NO ( ) N/A ( )
Why or why not? Lake of the Woods.
10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? YES ( ) NO ( ) N/A (X)
Why or why not? ___________________________________________________________________
17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.
The specific reasons for denial or conditions of approval are as follows:
- Applicant is to follow DNR Guidance document titled “Shoreline Alterations: Riprap”.
- If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
October 8, 2024 _____________________________________
Date Cody Hasbargen
Chair, County Board
Consideration of Conditional Use Permit #24-07CU By Wolverton Creek Outfitters, LLC
A tract in Government Lot 5, Section Thirty-four (34), Township One hundred Sixty-eight (168) North, Range Thirty-three (33) West-Parcel ID#03.34.32.015. Applicant is requesting a Conditional Use permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of constructing a rock rip rap project. Lake of the Woods is a General Development Lake.
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-07CU by Wolverton Creek Outfitters, LLC to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of constructing a rock rip rap project with the following conditions:
- Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.
- If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.
Lake of the Woods County Board of Commissioners
Findings of Fact and Decision
Name of Applicant: Wolverton Creek Outfitters, LLC Date: October 8, 2024
Location/Legal Description: That part of Government Lot 5, Section 34, Township 168N, Range 33W – Parcel ID#03.34.32.015.
Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap.
- Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( )
Why or why not? Shoreline management.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
7. Is the site in harmony with existing and proposed access roads? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
8. Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Why or why not? Shoreline protection.
9. Does the project proposal have a reasonable need to be in a shoreland location?
YES (X) NO ( ) N/A ( )
Why or why not? Lake of the Woods.
10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? YES ( ) NO ( ) N/A (X)
Why or why not? ___________________________________________________________________
17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES ( ) NO ( ) N/A (X)
Why or why not? ____________________________________________________________________
The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.
The specific reasons for denial or conditions of approval are as follows:
- Applicant is to follow DNR Guidance document titled “Shoreline Alterations: Riprap”.
- If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
October 8, 2024 _____________________________________
Date Cody Hasbargen
Chair, County Board
Public Works
Updates
County Engineer Anthony Pirkl gave an update on various projects.
Hooper Creek Road Acceptance
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously with Commissioner Jon Waibel abstaining to accept Hooper Creek Loop within Section 18, T-161 N, R-31 Was Unorganized Township Road No. 217, and acknowledge that said road has been constructed to minimum unorganized township road standards. The road is approximately 3,194 feet in length (0.60 miles) and shall be classified at maintenance level “A”.
Wetland Determination
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the certified wetland determination of three agricultural parcels and for Chair Cody Hasbargen to sign the same.
Closed Session
Resolution
The following Resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following:
Closed Session-Union Negotiation
RESOLUTION NO. 24-10-02
WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:
“The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”
WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on September 24th, 2024 at 11:30 AM to consider strategy for labor negotiations. The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and
BE IT RESOLVED by the Lake of the Woods County Board of Commissioners as follows:
- The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.
This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting.
Recess
A brief recess took place at 10:15 a.m. and reconvened at 10:30 a.m. at the site of the public hearing.
Public Hearing-Public Road Easement Vacation
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 at the site of the public road easement. Present at the meeting: Commissioners: Cody Hasbargen, Joe Grund, Ed Arnesen, Jon Waibel and Buck Nordlof. Also present was: Auditor-Treasurer Lorene Hanson, County Engineer Anthony Pirkl, Marty Mollberg, and Woody Fiala.
Public Road Easement Vacation
The board reviewed documentation provided by Marty Mollberg and viewed the public road easement requested for vacation.
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the public hearing and open the regular board meeting.
Resolution to Approve the Public Road Easement Vacation
Resolution
The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and the same being put to a vote was unanimously carried and moved for adoption:
RESOLUTION VACATING A PUBLIC ROAD EASEMENT
WALHALLA TOWNSHIP (UNORGANIZED)
LAKE OF THE WOODS COUNTY
Resolution No. 24-10-03
WHEREAS, the Lake of the Woods County Board, acting as the Town Board of unorganized Walhalla Township, Lake of the Woods County, Minnesota received a petition calling for the vacation of the following described public road easement pursuant to Minn. Stat. § 164.07:
The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line: Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W
WHEREAS, said petition was signed by not less than eight voters of the town who own real estate, or occupy real estate under the homestead or preemption laws or under contract with the state, within three miles of the road;
WHEREAS, the road passes over the following described tract of land in Lake of the Woods County, Minnesota, owned by the following named owner:
Marty Mollberg, Parcel ID# 29.1044.000; SE1/4 SE1/4, Section 10, Township 160, Range 32
WHEREAS, the County Board conducted a public hearing on the petition on the 8th day of October, 2024, after personal and posted notice provided by the petitioners pursuant to Minn. Stat. § 164.07, subd. 2, and published notice provided by the County Board;
WHEREAS, the petitioners presented the Board with affidavits at the hearing as proof that the required notice was given;
WHEREAS, the County Board examined the public road easement, heard the interested parties, and considered the matter;
WHEREAS, the County Board determined that the petitioned for action is consistent with the public interest;
WHEREAS, the County Board has examined the ditches lateral to the road and determined that said ditches are essential for surface drainage of adjacent lands or highways in support of the general health and welfare of the public;
WHEREAS, the Owner listed in Appendix A has released in writing all claims for damages from such vacation;
NOW, THEREFORE, BE IT RESOLVED, that the County Board, acting as the Town Board of unorganized Walhalla Township, Lake of the Woods County, Minnesota hereby vacates a town public road easement legally described as follows:
The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line: Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W
BE IT FURTHER RESOLVED, that the Board does hereby preserve all rights and interests in the ditches lateral to the road as provided in Minn. Stat. § 164.07, subd. 3a and retains the rights to access the adjacent properties as needed to maintain said ditches;
BE IT FURTHER RESOLVED, that the Board Chair and Auditor/Treasurer are hereby authorized and directed to execute and record a town road order vacating said town public road easement and to record the same with the County Recorder of Lake of the Woods County;
BE IT FINALLY RESOLVED, that the Auditor/Treasurer is authorized and directed to provide a copy of this resolution to each of the affected owners listed above.
Adjourn
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at the site of the public hearing at 10:40 a.m.
Attest: October 22, 2024
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Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen