July 8, 2025

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, July 8,2025 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 Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: Set Work Session-Auditor-Treasurer, Credit Card for IT Director.

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 June 16, 2025.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of June 17, 2025.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of June 24, 2025.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of June 30, 2025.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $29,086.84; Commissioners Warrants $4,996.34; Commissioners Warrants $11,947.92.

Contract Approval- Sanford TRF Community Support Services

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the contract between Lake of the Woods Social Services and Sanford Health Network DBA Sanford Behavioral Health Center for community support services and for Chair Jon Waibel, and Social Services Director Amy Ballard to sign the same.

Recorder

New Fee Approval

County Recorder Sue Ney requested approval for a new fee to register a Certificate of Filing Credentials for Marriage Officiants in Lake of the Woods County in the amount of $20.00.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve a fee of $20.00 for filing a Certificate of Credentials for Marriage Officiants and the collected fee be deposited in the Recorder’s general fund.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $279,766.09; Road & Bridge $48,350.27; County Development $800.00; Solid Waste $122,922.81.

          WARRANTS FOR PUBLICATION

Warrants Approved On 7/08/2025 For Payment 7/11/2025

Vendor Name Amount

Arrowhead Library System 33,449.00 

Baudette/City Of   7,400.00 

CentralSquare Technologies, LLC 49,467.96 

Clay County Sheriff   2,546.16 

DLT Solutions, LLC   3,231.76 

Election Systems & Software, Inc   3,993.81 

Interstate Billing Service Inc   3,953.12 

Law Offices Of Patrick D. Moren 12,086.66 

LOW Marine, Inc 17,442.25 

LOW Soil & Water Cons. Dist.   4,311.47 

Outdoors Again   3,043.95 

Pennington County Sheriff Office 12,455.00 

Pictometry International,Corp.             38,020.00 

Quadient Finance USA Inc.   2,000.00 

R & Q Trucking, Inc   4,176.00 

Summit Fire Protection   2,332.03 

Titan Machinery – Roseau 25,496.00 

U.S. Bank Equipment Finance   6,268.50 

University Of Mn 18,750.00 

WIDSETH SMITH NOLTING & ASSOC., 69,897.58 

Wilkens Industries             111,422.91 

                     44 Payments less than 2000 20,095.01

             Final Total: 451,839,17

Further moved to authorize the payment of the following auditor warrants: June 25, 2025 for $583,390.41; June 26, 2025 for $118,962.00; July 2, 2025 for $7,817.51.

Set Work Session

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to set a work session for the Auditor-Treasurer for July 22, 2025 following the regular board meeting.

Credit Card Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve a credit card for IT Director John Butenhoff in the amount of $5,000.00.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various Highway & Solid Waste Projects, A recent fire at the Landfill, and discussed an ongoing easement issue.

Purchase Approval-Walking Floor Trailer for Landfill

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of a walking floor trailer for the landfill in the amount of $110,000.00.

Land & Water

Wolf & Beaver Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Wolf & Beaver Agreement between United States Department of Agriculture (USDA) and Lake of the Woods County.

Williams Creek Discussion

Land & Water Director Josh Stromlund gave an update regarding the Williams Creek agreement. 

Consideration of Conditional Use Permit #25-02CU by YBMC, LLC

The East 165 feet of the West 198 feet of Government Lot 3, Section Twenty-five (25), Township One Hundred Sixty-eight (168) North, Range Thirty-four (34) West (Angle), Lake of the Woods County, Minnesota, except the South 290 feet thereof-Parcel ID# 02.25.24.020. Applicant is requestion a Conditional Use Permit as required by Section 1105 of the Lake of the Woods County Zoning Ordinance to allow a residential planned unit development consisting of up to six (6) multi-unit storage buildings in a non-shoreland Commercial-Recreation Zoning District (CR).

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #25-02CU by YBMC, LLC to allow a residential planned unit development consisting of up to six (6) multi-unit storage buildings in a non-shoreland Commercial-Recreation Zoning District (CR) with the following conditions:

1. No habitation is allowed.
2. If applicable, a stormwater permit will be required.
3. No overnight parking or use of the units is allowed.
4. No outside storage is allowed.
5. Certificate of Septic Compliance to be obtained by 10-31-25.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  YBMC, LLC Date:  July 8, 2025

Location/Legal Description:  The East 165 feet of the West 198 feet of Government Lot 3, Section Twenty-five (25), Township One Hundred Sixty-eight (168) North, Range Thiry-four (34) West (Angle), Lake of the Woods County, Minnesota, except the South 290 feet thereof. Parcel Number:  02.25.24.020

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 1105 of the Lake of the Woods County Zoning Ordinance to allow a residential planned unit development consisting of up to six (6) multi-unit storage buildings in a non-shoreland Commercial-Recreation Zoning District (CR).

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?  Commercial/Recreational area.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Septic system will be compliant. The site has had a wetland delineation and a stormwater plan may be required in the future.

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

Why or why not?  ____________________________________________________________________

2. 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?  ____________________________________________________________________

3. 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?  ____________________________________________________________________

4. 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?  ____________________________________________________________________

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

Why or why not?  Young’s Bay Drive.

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

Why or why not?  Commercial/Recreational area.

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

YES (  )  NO (  )  N/A (X)

Why or why not?  ____________________________________________________________________

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

Why or why not?  2-1000 gal holding tanks and a full system will be installed upon flow measurements.

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

Why or why not? _________________________________________________________________

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

Why or why not?  Well is present and the septic system is to be designed based on flow.

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

Why or why not?  ____________________________________________________________________

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

Why or why not?  ____________________________________________________________________

2. 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?  ____________________________________________________________________

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

Why or why not?  1 sign 6’x8’

4. 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 parking.

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. No habitation is allowed.
2. If applicable, a stormwater permit will be required.
3. No overnight parking or use of the units is allowed.
4. No outside storage is allowed.
5. Certificate of Septic Compliance to be obtained by 10-31-25.

Consideration of Conditional Use Permit #25-03CU by GWE, LLC

The East half, of the East half, of the Northwest quarter, of the Northeast quarter (E1/2E1/2NW1/4NE1/4) in Section Twenty-seven (27), Township One-hundred sixty-two (162) North, Range Thirty-two (32) West- Parcel ID# 19.27.12.010. Applicant is requesting a Conditional Use Permit as required by Section 1105 of the Lake of the Woods County Zoning Ordinance to allow a residential planned unit development consisting of up to six (6) multi-unit storage buildings in a non-shoreland Rural Residential Zoning District (R2).

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #25-03CU by GWE, LLC to allow a residential planned unit development consisting of up to six (6) multi-unit storage buildings in a non-shoreland Rural Residential Zoning District (R2) with the following conditions:

1. No habitation is allowed.
2. If applicable, a stormwater permit will be required.
3. No overnight parking or use of the unit is allowed.
4. No outside storage is allowed.
5. Certificate of Septic Compliance to be obtained by 10-31-25.

Consideration of Conditional Use Permit #25-04CU by Gregory and Steven Grandgeorge

The North half of the North half of the South half (N1/2N1/2S1/2) of Government Lot three (3), Section Two (2), Township One Hundred Sixty-seven (167) North, Range Thirty-three (33) West (Angle)- Parcel ID#06.02.14.010. 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 shoreline stabilization due to the 2022 high water event. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Conditional Use Permit/Findings of fact #25-04CU by Gregory and Steven Grandgeorge to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of shoreline stabilization due to the 2022 high water event with the following conditions:

1. Follow the MNDNR Guidelines for Shoreline Alterations: Riprap. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.

Consideration of Final Plat of Youngs Bay Mancaves by YBMC, LLC

The East 165 feet of the West 198 feet of Government Lot 3, Section Twenty-five (25), Township One Hundred Sixty-eight (168) North, Range Thirty-four (34) West (Angle), Lake of the Woods County, Minnesota, except the South 290 feet thereof- Parcel ID#02.25.24.020. Applicant is requesting to create a residential planned unit development consisting of twelve (12) storage units.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request by YBMC, LLC to create a residential planned unit development consisting of twelve (12) storage units upon meeting ordinance criteria.

Consideration of Final Plat Baudette Mancaves by GWE, LLC

The East half, of the East half of the Northwest quarter, of the Northeast quarter (E1/2E1/2NW1/4NE1/4) in Section Twenty-seven (27), Township One-hundred sixty-two (162) North, Range Thirty-two (32) West-Parcel ID#19.27.12.010. Applicant is requesting to create a residential planned unit development consisting of twelve (12) storage units.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the request by GWE, LLC to create a residential planned unit development consisting of twelve (12) storage units upon meeting ordinance criteria.

Consideration of Interim Use Permit #25-06IU by R&E LOW, LLC

Government Lot 5 and the East ½ of the Southeast ¼ (E1/2SE1/4), Section Nine (9), Township One Hundred Sixty-two (162) North, Range Thirty-three (33) West (Zippel)-Parcel ID#18.09.14.010. 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 Zoning District (R2).

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Interim Use Permit/Findings of Fact #25-06IU by R&E LOW, LLC to operate a short-term vacation rental in a Rural Residential Zoning District (R2) with the following conditions:

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 twelve (12) individuals.
3. The established quiet hours are from 10:30 p.m. to 6:30 a.m.
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.

Lake of the Woods County Board of Commissioners

Short-Term Vacation Rental Findings of Fact and Decision

Name of Applicant:  R&E LOW, LOC Application Number:  25-06IU  Date:  July 8, 2025

Location/Legal Description:  Government Lot 5 and the East ½ of the Southeast ¼ (E½SE¼), Section Nine (9), Township One Hundred Sixty-two (162) North, Range Thirty-three (33) West

Parcel Number:  18.09.14.010

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 Rural Residential (R2) Zoning District.

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?  Vacation and recreational area.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  As per the submitted application, the septic system is compliant and the water test results meet drinking water standards.

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

Why or why not?  Mix of rural residential and residential.

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

Why or why not?  Wildwood Drive allows access to the property.

5. Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X)  NO (  )  N/A (  )

Explain?  There is no change in traffic other than for normal residential traffic, and plenty of parking on the property. 

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?  See submitted application.

7. Does the water test meet the Minnesota Department of Health drinking water standards? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

8. Has the applicant identified the maximum number of occupants?             YES (X)  NO (  )  N/A (  )

Explain?  The maximum occupancy is limited to twelve (12) individuals.

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?  See submitted application. 

10. Has the applicant established quiet hours? YES (X)  NO (  )  N/A (  )

Explain?  The quiet hours are from 10:30 p.m. to 6:30 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 (  )  NO (  )  N/A (X)

Explain?  No signage is proposed.

15. Is fencing and/or screening needed to buffer the project proposal from adjacent properties?

YES (  )  NO (  )  N/A (X)

Explain?  Existing vegetation provides a buffer/screen from adjacent properties.

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 twelve (12) individuals.
3. The established quiet hours are from 10:30 pm to 6:30 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.

Adjourn

Motion

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

Attest: July 22, 2025

________________________________             _________________________________

Auditor/Treasurer Lorene Hanson Chair Jon Waibel