February 11, 2025

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, February 11, 2025 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chair Jon Waibel 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, Jon Waibel, Ed Arnesen, and Buck Nordlof. Also present was County Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with changes: Add: Northwest Community Action.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of January 28, 2025.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $8,576.79; Commissioners Warrants $3,333.89; Commissioners Warrants $26,182.02.

Purchase of Service Agreement-Stellher Human Services, Inc.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of services agreement between Stellher Human Services, Inc. and Lake of the Woods County Social Services for child crisis response services.

Northwest Community Action-Headstart Discussion

Northwest Community Action Executive Director Sharon Millner discussed the decision to close the Headstart program in Lake of the Woods County. She explained that it is to adhere to federal grant guidelines and answered questions from the board. 

Land & Water

Consideration of Interim Use Permit #25-01IU by Andrew and Rachel Lundbohm 

Lot Two (2), Block Two (2) of Angle Outpost Acres in Section Twenty-six (26), Township One Hundred Sixty-eight (168) North, Range Thirty-four (34) West (Angle) – Parcel ID# 02.57.02.020. 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 Rural Residential Development Zoning District (R2). Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the following IUP/Findings of fact #25-01IU by Andrew and Rachel Lundbohm to operate a short-term vacation rental in a Rural Residential Development Zoning District (R2). Lake of the Woods is a General Development Lake.

Lake of the Woods County Board of Commissioners

Short-Term Vacation Rental Findings of Fact and Decision

Name of Applicant:  Andrew & Rachel Lundbohm Date:  February 11, 2025

Location/Legal Description:  Lot Two (2), Block Two (2), Angle Outpost Acres Parcel Number:  02.57.02.020

Project Proposal:  Applicant is requesting an Interim Use Permit, as required by Section 401.B of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Residential Zoning District (R1).

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  ) Explain?  Resort and recreational destination.
2. 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.

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

4. Is the site in harmony with existing and proposed access to the property?     YES (X)  NO (  )  N/A (  ) Explain?  Public road, Dawson Road.

5. Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X)  NO (  )  N/A (  ) Explain?  No change with traffic and parking will be on-site.

6. 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 the submitted application.

7. 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.

8. Has the applicant identified the maximum number of occupants? YES (X)  NO (  )  N/A (  ) Explain?  The application states a maximum of four (4) people. 

9. 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.

10. Has the applicant established quiet hours? YES (X)  NO (  )  N/A (  ) Explain?  The established quiet hours are from 10:00 p.m. to 7:00 a.m.

11. 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.

12. 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.

13. Has the applicant identified a local person and their contact information? YES (X)  NO (  )  N/A (  ) Explain?  See submitted application.

14. 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.

15. 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:

1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
2. The maximum occupancy is limited to four (4) individuals.
3. The established quiet hours are from 10:00 pm to 7:00 am.
4. A valid Certificate of Compliance for the septic system is required.
5. No on-street parking is allowed.
6. If applicable, the applicant must meet the Minnesota Department of Health requirements.

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

February 11, 2025 _____________________________________

Date Jon Waibel Chair, County Board

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

Consideration of Conditional Use Permit Application #25-01CU by Rob Kasella (Brent Fredrickson Agent)

A tract in Government Lot Three (3), Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.17.24.030 (For Reference Only). Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to allow a commercial use consisting of a private winter ice fishing access road to Lake of the Woods in a Residential Development Zoning District (R1). Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following CUP/Findings of Fact #25-01CU by Rob Kasella (Brent Fredrickson Agent) to allow a commercial use consisting of a private winter ice fishing access road to Lake of the Woods in a Residential Development Zoning District (R1). Lake of the Woods is a General Development Lake.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Robert Kasella Date:  February 11, 2025

Location/Legal Description:  A tract in Government Lot Three (3), Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.17.24.030 (For Reference Only).

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to allow a commercial use consisting of a private winter ice fishing access road to Lake of the Woods in a Residential Development Zoning District (R1).

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?  Lake access.
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 (X)  NO (  )  N/A (  ) Why or why not?  No change.
5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________
6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________
7. Is the site in harmony with existing and proposed access roads?     YES (X)  NO (  )  N/A (  ) Why or why not?  Graceton Beach Road.
8. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  ) Why or why not?  Lake access.
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 access.
10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________
11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems? YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________
13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________
14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties? YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________
16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?  YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________
17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (  )  NO (  )  N/A (X) Why or why not? ___________________________________________________________________________

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

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

1. The Conditional Use Permit expires upon sale or transfer of the property, except if sold or transferred to the designated agent, as identified in application #25-01CU.
2. No parking or storage of vehicles, ice fishing equipment, or any other related items pertaining to the project proposal shall occur on the property.
3. A single four (4) foot x eight (8) foot sign is allowed, and it must state that this is a private road only. It is not for public access. The sign shall be seasonal and is allowed to be placed on the property from December 1 – April 30.
4. No parking or storage is allowed on County Road 4.
5. Must be in compliance with the Lake of the Woods County Solid Waste Ordinance.

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

    February 11, 2025 _____________________________________

Date Jon Waibel Chair, County Board

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

Department of Natural Resources

Peatland Project Director Meredith Cornett reviewed the winter road peatland scientific and natural areas. 

Public Works

LCCMR Letter of Support

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the letter of support for the DNR and the LCCMR Lake of the Woods Southern Shore Barrier Island Erosion Investigation Phase II Grant.

Credit Card Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve a credit card for Corey Olson in the amount of $1500.00, the standard amount for Lake of the Woods County.

Semi-Truck Purchase Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of a 2018 Freightliner Semi-truck in the amount of $55,000.00.

Updates

County Engineer Anthony Pirkl gave an update on various projects.

Legislative Update

Commissioner Ed Arnesen gave a legislative update regarding the Williams school building and discussion with lobbyists.

NWA Edgeriders Trails

Commissioner Ed Arnesen discussed the NWA Edgeriders Trails and possible timber sales with the DNR.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $97,662.35; Road & Bridge $20,772.46; Joint Ditch $465.00; Solid Waste $34,128.30.

WARRANTS FOR PUBLICATION

Warrants Approved On 2/11/2025 For Payment 2/14/2025

Vendor Name Amount

Auto Value Baudette 4,238.94 

Co-Op Services, Inc. 12,188.82 

Farmers Union Oil company 2,552.14 

Law Offices Of Patrick D. Moren 12,338.66 

LOW Highway Dept 2,230.00 

LOW Soil & Water Cons. Dist. 71,369.00 

Northdale Oil Inc. 11,947.68 

Nw Mn Household Hazardous   6,978.50 

R & Q Trucking, Inc 4,872.00 

47 Payments less than 2000 24,312.37

Final Total: 153,028.11

Further moved to authorize the payment of the following auditor warrants: February 5,2025 for $69,186.78.

Gambling Permit

Resolution

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

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY AND PREMISES PERMIT APPLICATION RESOLUTION NO. 25-02-01

WHEREAS; the Baudette Fire Department Relief Association has submitted a lease for lawful gambling activity and a premises permit application for Minnesota Lawful Gambling to be conducted at the following establishment, which is located in Lake of the Woods County:

Bugsy’s on Bostic 3984 County Road 8 NW Baudette, MN 56623

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

Adjourn

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 10:45 a.m.

Attest: February 25, 2025

________________________________             _________________________________

Auditor/Treasurer Lorene Hanson Chair Jon Waibel