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COUNTY BOARD

February, 2012

Commissioner Proceedings

FEBRUARY 14, 2012

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, February 14, 2012 in the Commissioners’ Room at the Government Center.

Chairman Todd Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Ed Arnesen, Patty Beckel, Todd Beckel, Tom Hanson and Ken Moorman. Also present were: County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, John Oren and Penny Mio Hirst.

Approval of Agenda

Motion was made by Commissioner Moorman to approve the agenda with the following additions: grant in aid trails and compensation time.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made byCommissioner Hanson to approve the consent agenda as follows: Travel for Mary Jo Otten to St. Paul on February 10 for Assessor Appointment Approval; Boyd Johnson to St. Cloud on March 26-30 for Concrete Field II training.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

The board discussed the motion that was passed on January 24, 2012 in regards to the PERA for the part time Dispatcher/Deputy sheriff’s position.

Motion was made by Commissioner Patty Beckel to approve the minutes of January 24, 2012 regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Bob Lapos

Pastor Lapos, from Corner Stone Church meet with the board informing the board that his church would like to contribute financially to some project within the county. They discussed some of the organizations that have come to the board in the past requesting funding and also informed him to contact Social Services Director, Nancy Wendler for families that may need assistance.

Social services

Claims

Social Services Director, Nancy Wendler met with the County Board requesting approval of claims.

Motion

Motion was made by Commissioner Hanson to approve the claims against the county as follows:

                                                Commissioners’ Warrants       $ 13,066.86

                                                Commissioners’ Warrants       $ 12,940.17

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

Claims

Social Services Director, Nancy Wendler met with the County Board requesting approval for a Proclamation of Children of Alcoholics Week.

LAKE OF THE WOODS COUNTY PROCLAMATION

CHILDREN OF ALCOHOLICS WEEK

Resolution No. 12-02-01

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

WHEREAS, it is estimated that one in four children in the United States under age 18 is hurt by family alcohol abuse or alcoholism, and that countless others are affected by parental drug use; and

WHEREAS, there is strong scientific evidence that alcoholism runs in families with children of alcoholics being 2 to 4 times more likely to develop alcoholism than children of non-alcoholics; and

WHEREAS, parental alcohol abuse or drug use is a significant factor in a large proportion of child abuse and neglect cases; and

WHEREAS, young children of alcoholics exhibit symptoms of depression and anxiety to a greater extent than children of non-alcoholics; and incur increasing health care costs and experience more life problems over the lifespan; and

WHEREAS, young children of alcohol or drug dependent parents often have difficulty in school and are more likely to be truant, drop out of school, repeat grades, or be referred to a school counselor or psychologist; and

WHEREAS, children of addicted parents, with interest and support from family, friends, health professionals, teachers, clergy, and others, can avoid the negative effects of familial alcoholism and drug dependence;

NOW, THEREFORE, I, Todd Beckel, Lake of the Woods County Board Chairman along with the full Lake of the Woods County Board and in conjunction with the Lake of the Woods County Prevention Coalition do hereby proclaim February 12-18, 2012 as Children of Alcoholics Week.

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

Pera Motion

Chairman Todd Beckel discussed the motion that was passed on January 24, 2012 with regards to the newly hired part-time Dispatchers/Deputy Sheriffs. He informed the board that that when they work as dispatchers they need to be on the correction plan and when they work as Deputy’s they need to be on the coordinator plan or Police and Fire plan, not the correction plan.

Motion to Rescind

Motion was made by Commissioner Todd Beckel to rescind the following motion from January 24, 2012 board meeting:

“Motion was made by Commissioner Todd Beckel to place the part-time Deputy   Sheriffs/Dispatchers on the Correction PERA plan. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.”

The motion to rescind the above motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Arnesen to place Joseph Morisch and Bradly Abbey the part-time Dispatchers on the Correction PERA plan. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Resolution- Part-time Deputy Sheriff’s to PERA Police and Fire Plan

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

Resolution No. 12-02-02

Public Employees Police and Fire Plan

WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below.

BE IT RESOLVED that the Commissioners of Lake of the Woods County hereby declare that the position titled Part Time Deputy Sheriff, currently held by Joseph Morisch meets all of the following Police and Fire membership requirements:                       

Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed;

Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;

Said position charges this employee with the prevention and detection of crime;

Said position gives this employee the full power of arrest, and

Said position is assigned to a designated police or sheriff’s department.

BE IT FURTHER RESOLVED that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by the governmental subdivision.

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

Resolution- Part-time Deputy Sheriff’s to PERA Police and Fire Plan

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

Resolution No. 12-02-03

Public Employees Police and Fire Plan

WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below.

BE IT RESOLVED that the Commissioners of Lake of the Woods County hereby declare that the position titled Part Time Deputy Sheriff, currently held by Bradly Abbey meets all of the following Police and Fire membership requirements:                       

Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed;

Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;

Said position charges this employee with the prevention and detection of crime;

Said position gives this employee the full power of arrest, and

Said position is assigned to a designated police or sheriff’s department.

BE IT FURTHER RESOLVED that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by the governmental subdivision.

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

SHERIFF

County Sheriff, Dallas Block met with the board to discuss his Stonegarden Wage Adjustment. He will come back later with update figures for their consideration.

Friends of zippel

Mike Larson, representing “Friends of Zippel” meet with the board to share their plans on Zippel Bay State Park. Mike informed the board that their goal is to secure funding to enhance the park facilities so there is good economic gain to the local economy and better quality of life for local residents.  He informed the board that the Friends group is working with the goals of the 1985 park plan and will provide a vision for improvements for the next five years.

County Auditor

Claims

County Auditor, John W. Hoscheid met with the County Board for approval of claims.

Motion was made by Commissioner Hanson to approve the claims against the county as follows:

                                                Revenue                   $        30,986.19            

                                                Road & Bridge        $          4,252.48

                                                Co. Development     $          2,106.00

                                                Solid Waste              $        27,910.77

                                                EDA                         $          3,825.26

                                                                                 $         99,080.70                       

WARRANTS FOR PUBLICATION

Warrants Approved On 2/14/2012 For Payment 2/17/2012

Vendor Name                                  Amount

Cenex Co-Op Services, Inc.              6,288.88

GCR Tire Centers                               2,245.66

Hoffman, Dale, & Swenson, Pllc        3,435.00

Howard’s Oil Company                      3,211.24

Information Systems Corporation    6,431.74

Mar-Kit Landfill                                  12,044.70

Marco                                                 10,098.35

Mn Rural Counties Caucus               2,100.00

North American Salt Co                   10,339.14

Northwest Community Action, Inc    3,052.76

Nw Mn Household Hazardous          4,594.00

Roseau County Cooperative Assn  2,053.64

Woody’s Service                                3,981.64

81 Payments less than 2000 – 29,203.95

Final Total: 99,080.70

Further moved to authorize the payment of the following auditor warrants:

                                                January 25,     2012    $   188,300.50

                                                January 25,     2012    $      3,940.18

                                                January 30,     2012    $     38,086.87 

                                                January 31,     2012    $       1,893.00

                                                February 2,     2012    $     32,414.23

                                                February 2,     2012    $            50.71

                                                February 8,     2012    $   100,430.69

                                                February 8,     2012    $          (99.90)

                                                February 8,     2012    $     86,400.85

                                                February 8,     2012    $       2,923.16

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

Lake of the Woods Land Commissioner

County Auditor, John W. Hoscheid informed the board that the appointment of a Land Commissioner for Lake of the Woods County was not appointed at the January 24, 2012 meeting.

Motion

Motion was made by Commissioner Hanson to appoint Land and Water Planning Director, Josh Stromlund as Land Commissioner for Lake of the Woods County. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Land Lease – Baudette Tower

County Auditor, John W. Hoscheid met with the board requesting approval for the Land Lease for the “Baudette Tower” with the State of Minnesota, Department of Revenue.

Motion

Motion was made by Commissioner Arnesen to approve the Land Lease No. 00592 “Baudette Tower” with the State of Minnesota, Department of Transportation to provide radio coverage for the ARMER and other radio communication services within Lake of the Woods commencing February 1, 2012 and terminating January 31, 2022 and to authorize, County Auditor, John W. Hoscheid, County Attorney, Philip Miller and Chairman Todd Beckel to sign. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Compensation Time

County Auditor, John W. Hoscheid met with the board to discuss Boyd Johnson’s compensation time that he earned as an Inspector and if the board wants to transfer his compensation over to his new position or pay out the comp time as earned.

Motion

Motion was made by Commissioner Arnesen to pay out the compensation time earned to Boyd Johnson at the Inspector rate of pay in the amount of $1,671.88. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

County Road #33

Public Works Director, Tim Erickson, Dwight Wolters, Gary Moeller and Jerry Hennum met with the board to discuss CR #33 proposed policy. The board requested that Public Works Director, Tim Erickson put together an estimate for a path in the right-of-way.

Public Works Department

Public Works Director, Tim Erickson met with the board requesting authorization to purchase a Dell T1600 computer and software for the Engineering Department.

Motion

Motion was made by Commissioner Hanson to authorize the Public Works Director to purchase a Dell T1600 computer as budgeted and software from the Public Works reserve account for the Engineering Department. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Recess

The meeting was called to recess at 10:34 a.m. and reconvened at 10:40 a.m. as follows:

County Recorder

County Recorder, Sue Ney met with the board requesting approval to purchase a Canon DR 7090C Color Duplex Document Scanner from the Recorder’s Technology Fund.

Motion

Motion was made by Commissioner Patty Beckel to approve the purchase of a new flatbed scanner for the Recorder’s office to be paid out of Recorder’s Technology Fund in the amount of $5,615.00. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

MIS

MIS Director, Brent Birkeland met with the board requesting approval to purchase new Unitrends Backup Hardware. He explained due to the expansion of systems and storage requirements; the current backup solution is out of licensed storage capacity. Brent informed the board that the Technology Committee consensus was to go with the Unitrends Backup Hardware

Motion

Motion was made by Commissioner Patty Beckel to authorize the MIS Director to purchase a New Unitrends Backup Hardware in the amount of $9,196.32 with the funding from the reserve account. The motion was seconded by Commissioner Hanson and the same being put to a vote was unanimously carried.

Old/New Business

  • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund – none
  • Land Trade – none
  • Red Lake Tribe –Will meet on February 15, 2012
  • Township Road Inventory/ATV Ordinance – none
  • Inventory – to be completed by May 8, 2012 board meeting
  • Beaver –handouts
  • Clementson Bridge Property – none
  • 2012 Goals and Projects – Committee of the Whole
  • Grant Policy/Expenditures- will discuss at the Department Head Meeting

Comments:

Commissioner Hanson informed the board that he researched the Grant and Aid Trails procedures and that bench marks need to be met by certain dates to be incompliance.

Committee Reports

Chairman Todd Beckel handed out informational packets on the following:

  • Beaver Control Provisions
  • Sex Offender Civil Commitment Principles and evolution of Legislative Proposal
  • AMC- 2012 Major Legislative Issue
  • Reform 2.0
  • Beltrami Board of Commissioner- Opposition to proposed US Department of labor Regulations Affecting Family Farms
  • 2012 MN Wolf Season Recommendations
  • PILT update

Commissioner Moorman

  • Wolf Delisted and Zones

Commissioner Hanson

  • ALS Meeting Task Force
  • NLS/ALS possibly combining

Commissioner Patty Beckel

  • NW Juvenile Center
  • Airport Pre- Construction Meeting

Correspondence

The following Correspondence was acknowledge:

  • Driver and Vehicle Services- Triple Check
  • Minnesota Wins

Land and Water Planning

Fiscal 2011 BWSR NRBG

Land and Water Planning Director, Josh Stromlund met with the board and presented Fiscal Year 2011 Board of Water and Soil Resource and Natural Resources Block Grant for their approval.

Motion

Motion was made by Commissioner Hanson to authorize Chairman Todd Beckel and Land and Water Planning Director, Josh Stromlund to the Fiscal Year 2011 Board of Water and Soil Resource and Natural Resources Block Grant final program allocation and contribution statement. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

SSTS Proposed Legislation

Land and Water Planning Director, Josh Stromlund met with the board and discussed the Subsurface Sewage Treatment System (SSTS) rule changes. The consensus of the board was for Land and Water Planning Directors to choice the suitable proposal that is right for our area.

County Auditor

County Auditor, John W. Hoscheid met with the board to discuss the Deputy Auditor’s position in his office. No action was taken and set February 21, 2012 for a Work Session to discuss this further.

Closed Session- MN §13D.03- Labor Negotiations

Motion was made by Commissioner Arnesen to close the regular meeting and open the closed session at 1:50 p.m. pursuant to MN §13D.03- Labor Negotiations. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

The following members were present: Commissioner Todd Beckel, Commissioner Patty Beckel, Commissioner Hanson, Commissioner Moorman and Arnesen. Others present were: Human Resource Director, Wade Johannesen.

Motion was made by Commissioner Arnesen to close the closed session at 2:24 p.m. and open the regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Patty Beckel to adjust the longevity pay by $5.00 per month effective January 1, 2012. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Recess

With no further business before the County Board, Chairman Todd Beckel called the meeting to recess at 2:24 p.m.

Attest:                                                                                     Approved: February 28, 2012

_______________________________                                  _______________________________

John W. Hoscheid, County Auditor                                       Todd Beckel, Chairman of the Board

Commissioner Proceedings

February 28, 2012

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, February 28, 2012, in the Auditorium at the Lake of the Woods School.

Call to Order

Chairman Todd Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Todd Beckel, Hanson, Arnesen and Moorman.  Also present were: County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd, John Oren and Penny Mio Hirst.

High School Social Studies teacher, Mr.  Don Krause

Mr. Don Krause thanked the Commissioners for meeting at the School so his students could attend and participate in the meeting.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Resolution in support of Weatherization in Minnesota and EDA meeting on March 1. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.   

Approval of Consent Agenda

Motion

Motion was made by Commissioner Hanson to approve the consent agenda as follows: Travel for Boyd Johnson to Breezy Point on March 20-22 for MnDOT 2012 Survey Technical Workshop. Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Hanson to approve the minutes of February 14, 2012, regular meeting with changes. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Department of Energy Weatherization Program

Commissioner Arnesen informed the board that at his last NWCA meeting they discussed the Minnesota’s Department of Energy lack of funding from the U.S. Department of Energy to assist low-income households in energy costs and requested that the County Board pass a resolution opposing the U.S. Department of Energy’s decision not to fund the weatherization program.

Resolution

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

Resolution Supporting Minnesota’s Department of Energy Weatherization Program

Resolution No. 12-02-04

Whereas, Minnesota is one of the coldest states in the United States (ranking 47th in average annual temperature); and

Whereas, the weatherization of homes is critical to the reduction of energy usage and the introduction of green house gasses into the atmosphere; and

Whereas, the State of Minnesota’s Department of Energy (DOE) Weatherization Program has been very high performing and has met or exceeded all program requirements established by DOE Program under the American Recovery and Reinvestment Act of 2009 (ARRA) including completion of the program ahead of schedule; and

Whereas, energy related costs (electricity, fuel oil and liquid propane) have increased dramatically over the past few years; and

Whereas, dwellings which have been weatherized under the DOE program in Minnesota have realized a 23% reduction in energy usage; and

Whereas, the DOE Weatherization Program has been the second greatest creator of jobs under the American Recovery and Reinvestment Act of 2009 (ARRA); and

Whereas, the primary beneficiaries of the Weatherization Program have been low-income households who can least afford higher energy costs and are unable to afford making the necessary weatherization improvements.

Now Therefore Be It Resolved; that the Lake of the Woods County Board of Commissioners go on record as strongly opposing the U.S. Department of Energy’s decision to provide no funding to the State of Minnesota in FY 2012;

Be It Further Resolved; that the Lake of the Woods County Board of Commissioners request that DOE reconsiders this decision and takes the necessary steps to re-establish adequate funding to the State of Minnesota;

Be It Further Resolved; that a copy of this resolution be immediately forwarded to the State of Minnesota’s Congressional delegation with a request that they intervene on behalf of the Sate to help assure that weatherization funding is re-established in Minnesota in FY 2102.

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

Depot Preservation Alliance

Joann Kellner representing the Depot Preservation Alliance met with the board to discuss the DPA  plans to apply for a Region 2 Arts Council grant to assist with the costs of presenting a series of ten “Kid’s Activities Days” on a once per week basis over the summer through the Arts Project Grant Opportunity. She explained that at the present time, the DPA does not have funds to hire a director, so to assist with the “Kid’s Activities Days”, the DPA has applied to the UM-Crookston for a summer intern and respectfully requests a donation of $1,000 to assist with this project.

Motion

Motion was made by Commissioner Moorman to contribute $1,000 to the Depot Preservation Alliance to assist with the cost for the “Kid’s Activities Day’s” with the funding from the Economic Development Account Fund. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Duties of County Commissioners

The County Board discussed the duties and responsibilities that come with the job as a County Commissioner with the students.

Old/New Business

Lessard – Sams Outdoor Heritage Council/Outdoor heritage Fund- none

Land Trade- handed out State Owned Land within Lake of the Woods County

Red lake Tribe- met on February 15, 2012

Township Road Inventory-none

Inventory- April to be completed

Beaver- Joint Powers Natural Resource is working on a Beaver Plan

Clementson Bridge Property-none

2012 Goal and Objectives-

  • Park/Trails- Public Works working on
  • Auditor/Treasurer- not on Ballot
  • Technology- none
  • Insurance Meeting- March 13
  • Compensation Meeting- March 1

Recess

The meeting was called to recess at 10:18 a.m. and reconvened at 10:24 a.m. as follows:

Social Services Director

Social Services Director, Nancy Wendler, met with the County Board requesting approval of claims. Motion

Motion was made by Commissioner Hanson to approve the following claims against the county:

                                                Commissioners’ Warrants          $  7,879.88

                                                Commissioners’ Warrants          $14,531.75

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

Human Service Costs and Revenue Shares

Social Services Director, Nancy Wendler, met with the County Board and presented the Human Service Costs and Revenue Shares that the State, Federal and County contribute.

COUNTY AUDITOR

Claims

County Auditor, John W. Hoscheid met with the board for approval of claims:

Motion

Motion was made by Commissioner Patty Beckel to approve the claims as follows:

                                                Revenue                               $    13,466.69           

                                                Road & Bridge                     $     6,296.98

                                                Solid Waste                          $        858.22

                                                EDA                                     $     2,682.71

                                                                                             $    23,304.60    

WARRANTS FOR PUBLICATION

Warrants Approved On 2/28/2012 For Payment 03/02/2012

Vendor Name                                       Amount

Cenex Co-Op Services, Inc.                            2,715.36

Hasler                                                 2,000.00

42Payments less than   2000    18,589.24

Final Total:   23,304.60

Further moved to authorize the payment of the following auditor warrants:

                                                   February 22, 2012           $  22,551.72

                                                   February 22, 2012           $    2,660.09

                                                   February 22, 2012           $    2,197.60 

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

Liquor License Approval

County Auditor, John W. Hoscheid met with the board requesting approval for a Liquor License for PCE Inc., DBA River Bend Resort.

Motion

Motion was made by Commissioner Patty Beckel to approve the combination On-Off Sale Liquor License for PCE Inc, DBA River Bend Resort effective March 1, 2012 thru June 30, 2012. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

2012 Legislative Conference

County Auditor, John W. Hoscheid met with the board to inform them that the 2012 Legislative Conference will be held on March 21-22, 2012 in St. Paul and needed to know who was attending to make arrangements for the conference.

PUBLIC WORKS DEPARTMENT

NAPA Asphalt Pavement Award

Public Works Director, Tim Erickson met with the board and presented and award from NAPA Asphalt Pavement for the project on County Road 5 & 16, which Knife River Materials and Lake of the Woods County Public Works completed.

Hire of Senior Inspector

Public Works Director, Tim Erickson met with the board requesting authorization to hire Cooper Mickelson for the position of Senior Inspector within the Highway Department.

Motion

Motion was made by Commissioner Hanson to authorize the Public Works Director to hire Cooper Mickelson to fill the open position of Senior Inspector within the Highway Department effective March 5, 2012 at grade 12, step 1 on the union scale.  The motion was seconded by Commissioner Arnesen and the same being put to a vote was, unanimously carried.

Purchase of two pickups

Public Works Director, Tim Erickson met with the board requesting authorization to purchase two pickups for his department.

Motion

Motion was made by Commissioner Patty Beckel to authorize Public Works Director, Tim Erickson to purchase two (2) pickups as previously approved within the 2012 capital expenditure budget in the amount of $48,000 for both trucks. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. 

Bituminous Mix Heater

Public Works Director, Tim Erickson met with the board requesting authorization to purchase a new bituminous mix heater for his department.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson to purchase a demo bituminous mix heater in the amount of $23,388.80 as previously approved within the 2012 capital expenditure budget. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Mowers

Public Works Director, Tim Erickson met with the board requesting authorization to purchase two (2) new mowers for his department.

Motion

Motion was made by Commissioner Moorman to authorize Public Works Director, Tim Erickson to purchase a two (2) new mowers for the Highway Department as previously approved within the 2012 capital expenditure budget. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Semi-Cab

Public Works Director, Tim Erickson met with the board requesting authorization to purchase a semi-cab for his department.

Motion

Motion was made by Commissioner Hanson to authorize Public Works Director, Tim Erickson to purchase a semi-cab for the Highway Department at the cost of $50,000. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Tractor

Public Works Director, Tim Erickson met with the board requesting authorization to purchase a new tractor for his department.

Motion

Motion was made by Commissioner Moorman to authorize Public Works Director, Tim Erickson to purchase a new tractor in the amount of $39,900 as previously approved within the 2012 capital expenditure budget. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Construction/Demolition Waste Generators & Haulers

Public Works Director, Tim Erickson met with the board and informed the board of some issues that they are having regarding the disposal of construction or demolition waste at the landfill. He presented a letter that will be sent to all generators and haulers reminding them of the solid waste ordinance regarding this matter and the charges that they will be billed for if the loads are unacceptable.

Northwest MN Juvenile Center

Commissioner Patty Beckel presented the 2011 Northwest MN Juvenile Center Statistical Report to the board.

HUMAN RESOURCE

Human Resource Director, Wade Johannesen met with the board per their request to present an updated “Hand Held Mobile Phone” policy regarding cell phone usage and the resent law change that makes it illegal for anyone operating a Commercial Motor Vehicles requiring a Commercial Driver’s License (CDL) to use a hand held telephone during operation on a highway, including while temporarily stationary because of traffic, traffic control devise or other momentary delays.

Motion

Motion was made by Commissioner Hanson to approve the following revised “Hand Held Mobile Phone” policy as follows:

SAFETY AND SECURITY:

  1. Safety:  Use of “Hand Held Mobile Phones”
    1. When driving any County vehicle for official business, all employees shall be aware that safety is their primary responsibility.  Extreme discretion is required when making or receiving cell calls while driving.  Whenever possible, drivers shall pull off the road and be parked before making a call.
    2. By State Statute, it is illegal for anyone operating a commercial motor vehicle (CMV) requiring a Commercial Driver’s License (CDL) to use a hand held telephone during operation on a highway, including while temporarily stationary because of traffic, traffic control device or other momentary delays, etc.
    3. Drivers are permitted to operate hand held telephone when the driver has moved the vehicle to the side or off a highway and has halted in a location where the vehicle can safely remain stationary.
    4. Using a hand held device while operating a CMV does not apply in emergency situations when necessary to communicate with emergency services officials.
    5. No motor carrier (employer) shall allow or require its drivers to use a hand held telephone while driving a CMV (subject to civil penalties).The State will suspend the driver’s CDL after two or more violations with civil penalties escalating depending on the number of offenses.
  2. Security
    1. Employees must take all reasonable precautions to ensure their cell phone is not used by unauthorized persons or left unattended in unsecured vehicles.  Missing phones will immediately be reported to the appropriate Department head who will notify the Administrator for appropriate actions.

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

Recess

The meeting was called to recess at 12:01 p.m. and reconvened at 1:00 p.m. at the Government Center in the Commissioners’ Room as follows:

Public Hearing

Small Cities Grant

Motion was made by Commissioner Patty Beckel to close the regular meeting at 1:01 p.m. and open the Public Hearing as advertised for the “Small Cities Grant Application”. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Chairman Todd Beckel welcomed John Wynne, from Wynne Consulting to the public hearing.

John Wynne informed the board that the pre-application for the “Small Cities Grant” was invited for a full application, and therefore a public hearing needed to take place to obtain citizen views and responding to proposals and questions related to community development and housing needs.

Chairman Todd Beckel opened the floor for comments. No comments were heard and no letters were received.

Motion was made by Commissioner Moorman to close the Public Hearing at 1:20 p.m. and open the regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Patty Beckel to authorize Chairman Todd Beckel to sign the Citizen Participation Plan as presented for the “Small Cities Grant”. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Resolution

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

Small Cities Grant

Resolution No. 12-02-05

BE IT RESOLVED, that Lake of the Woods County act as the legal sponsor for the project contained in the Application to be submitted on April 12, 2012 and that the Chairman of the Lake of the Woods County Board of Commissioners and the Lake of the Woods County Auditor are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of Lake of the Woods County.

BE IT FURTHER RESOLVED, that Lake of the Woods County has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life.

BE IT FURTHER RESOLVED, that Lake of the Woods County has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.

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

NOW, THEREFORE BE IT RESOLVED, that that the Chairman of the Lake of the Woods County Board of Commissioners and the Lake of the Woods County Auditor, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project on behalf of the Applicant.

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

Land AND WATER PLANNING

Consideration for Final Plat

Land and Water Planning Director, Josh Stromlund presented the Findings of Facts for consideration for approval for the Final Plat for Sportsman’s Eagle Ridge, LLC. Josh reviewed the Supporting Documentations, Land over Breakdowns for the Northwest Angle and Oak Island with the board.

Attachment #1 and Supporting Documentation

Project Proposal:  Creation of a Commercial Planned Unit Development within the shoreland area of Lake of the Woods consisting of a seven (7) lot Common Interest Community on Oak Island titled Common Interest Community Number 4, A Planned Community, Eagle Ridge, submitted by Sportsman’s Eagle Ridge, LLC (Greg Hennum)

Scope, Page 3, – The Lake of the Woods County land use planning process has been designed to provide overall long term guidance to the county in its land use decision-making process through the development of land use goals and policies.  It was important to the County Board to focus the project’s limited resources on those issues most important to Lake of the Woods County.  To accomplish this, the survey described in the previous section helped the Board identify specific high priority issues.  The conclusions reached from the survey and subsequent discussions of the County Board area as follows:

  • Businesses and residents clearly felt that timber harvesting and shoreland development have had the greatest effect on the county’s natural resources over the past decade.  These two are of continuing importance to the county.
  • Preserving the county’s tax base is a high priority.
  • The county should provide a balanced approach to land use planning which takes into consideration individual rights, protection from the actions of others, and protection of the natural environment.

Population Characteristics, Page 5 – Using available local, state, and federal information, this section develops a complete context for the county that will enable the County Board to craft appropriate policy for guiding land use within the county over the next decade.  To develop this context, this section includes information on population, housing, the local economy, and the county’s physical characteristics.

Change, Page 5 – There has been a growing demand for rural lots and new sites for residential development; virtually all of the recent population growth has occurred outside of the city limits of the three cities (See table 1, page 5).

Migration, Page 6 – During the decade of the 1980’s, Lake of the Woods County experienced a 3.1 percent rate of in-migration.  Economic growth and job availability are important factors which influences in-migration.

Housing and Household Characteristics, Page 7 – The housing and household change by type provides some indication of the demand for land for this type of use.  The following information provides this part of the planning context.

Change, Page7 – Household growth greatly surpassed total population growth over the past 37 years.  Almost all of the growth in households has occurred in the rural areas of the county (See table 6, page 8).

Type; Ownership, Page 8 – In 1990, 2,917 units or 95.6 percent of all housing in the county was classified as a single family dwelling – either attached, detached, or mobile homes.  Because Lake of the Woods County has a substantial tourism economy, it is no surprise that it has, for many years, had a large number of seasonal homes.  The number of seasonal homes has increased rapidly (by 76 percent) in the past 20 years (See table 8, page 9).

Economic Characteristics, Page 10 – An understanding of the economic characteristics of Lake of the Woods County is helpful in explaining past land use patterns as well as predicting future demands for development.  Some of the most important factors to understand are labor force issues, the economic base of the county, and trends in major economic sectors.

Labor Force; Employment, Page 10 – The labor force in Lake of the Woods County has been growing during the past two decades.  As new jobs have become available, the county has attracted new workers from other areas, and the number of residents who have entered the labor market has increased (See table 10, page 10).

Tourism, Page 14 – Although there are few direct measures in this economic sector, retail sales and lodging sales are both reasonable indicators.  Lodging sales are the best indicator of change in the tourism industry.  In this category, Lake of the Woods County has done exceedingly well since 1980.  Lodging sales have increased from slightly over $2 million per year to almost $7 million in 16 years, an increase of 237 percent.  This increase illustrates that the county has been very successful in expanding its tourism industry and meeting the needs of its tourist guest (See table 17, page 15).

Physical Characteristics, Page 15 – Land Use/Cover – Lake of the Woods County encompasses a total of 1, 138, 040 acres or about 1,778 square miles.  Because the county boundaries encompass a portion of Lake of the Woods, which accounts for about 482 square miles (308,480 acres) or 27.2 percent of the county, an analysis of the use and cover on the actual land mass of the county is the most useful information and will be used here.  Land used for urban and rural development in the categories urban/industrial, other rural development, and farmsteads and rural residences, were a very small percentage of land use at less than one percent (See table 18, page 17).

Land Ownership, Page 17– Lake of the Woods County, like many counties in northern Minnesota, has a very large amount of land in public ownership.  Federal, state, county, and tribal lands account for almost 76 percent of the land base in the county leaving only 24 percent of the land, or about 198,000 acres, available for private use and development (See table 19, page 17).

Summary of Values, Page 25 – The Lake of the Woods County Board is clear about the type of values important to the county as it develops an approach to managing its land base over the next decade.  While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land, and individual choice when it comes to issues of work and leisure.  Following is a summary of those values important to Lake of the Woods County:

  • Individual Choice:  In the type of work and leisure to pursue, and in where to live and in the lifestyle to pursue;
  • Local Influence:  Over policy that affects the lives of county citizens;
  • Conservation:  Of the resources in the county.  Those resources would be used in a way that they remain healthy for future generations; and finally
  • Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

Low Density Rural Activity, Page 29 – Lands in Lake of the Woods County classified as low density rural activity areas include farmsteads and rural residences, and other rural developments.  The latter classification includes a significant number of resort and recreational properties in the county and some commercial and industrial properties.

The low density rural activity lands in Lake of the Woods County account for only a small fraction of total land uses.  The county can expect to experience some modest growth in these uses primarily for recreational properties on or near lakeshore.  Since 1980, almost all of the net growth of households has been in the rural areas of the county, outside of the limits of the cities, and all of the net increase in residences has been in the seasonal home category.  It is anticipated that seasonal home development will remain strong, although the rate of growth is anticipated to be somewhat smaller than what has been experienced over the past 20 years.

Priority Issues, Page 31 – The following section provides a more detailed analysis of the four most important land use-related issues in the county.  These issues concern themselves with the impacts of timber harvesting, the sale and exchange of land within the county, the development of shoreland areas, and the process of making state policy that affects land use in the county.

Priority Issue #4:  Shoreland Development, Page 35

Issue:  What is the magnitude of development in the shoreland area in Lake of the Woods County, and are there impacts that should be managed by Lake of the Woods County.

Background, Page 35 – For the purposes of this analysis, the shoreland development within Lake of the Woods County is divided into two parts: the impacts of new development, and the impacts of existing development.  Each will be discussed in some detail below.

New Development.  New development is almost exclusively related to resort and residential expansion. The development within the shoreland area in the county is principally on the south shore of Lake of the Woods, its tributaries, Rainy River, and the Northwest Angle and its islands.  The growth is in existing resorts, as well as the addition of new seasonal and, to some extent, year round homes.

Figure 10, page 37 shows the location of those building permits that are in the shoreland area over the last ten years.  As can be seen, these permits are from the far northwestern tip on Rocky Point through Zippel Bay and to the east.  In addition, there were a number of permits during this same period for the Northwest Angle and its islands.

The growth of residential and resort-related development could be considered moderate over this period of time.  Extensive discussions with local staff involved with resource management issues in Lake of the Woods County reveal that there are no large intensive developments occurring, but rather there are additions of houses or mobile homes in a variety of areas.

While there is a modest amount of private upland available along the lake, there is substantial land that would present more of a challenge for development: land inaccessible to the existing road system, and/or wetland where mitigation would have to occur for development to proceed.

The existing regulatory structure for Lake of the Woods County for shoreland areas includes:

  1. Shoreland Zoning, including minimum lot sizes;
  2. Individual septic sewage treatment system regulations that require certain standards to be met for new sewage treatment systems; and
  3. The Wetland Conservation Act, which requires mitigation of wetland impacts.

These three regulations appear adequate to effectively manage the new growth and development that is likely to occur on the south shore of Lake of the Woods and on Rainy River.

Development on the Northwest Angle and its islands has been increasing steadily over the last several years.  A number of new subdivisions have been created, and a scattering of seasonal homes have been built.  While the tax base of this new development is welcome, there is some feeling in Lake of the Woods County that the development should be managed in a way that helps the area retain the semi-wilderness character which is unique to this county.  Other tourism areas in the state have a more developed character that cannot provide the privacy, seclusion, and pristine environment that Lake of the Woods has to offer.

The increasing development is likely to change the character of this area if not managed differently than the rest of the shoreland areas in the county.  There may be some cause to rethink density, use and other controls.

Conclusions, Page 38

  • New shoreland-related residential and commercial development in Lake of the Woods County is moderate in scope.  There has been some steady growth in shoreland development in the last ten years, with nearly all of it being residential and resort-related.  This growth has occurred on the islands, and in places such as Rocky Point, Long Point, Sandy Shores, and Wheeler’s Point.
  • Management tools now in place, adequately enforced, are sufficient to appropriately manage the level and types of growth occurring on Rainy River and the south shore of Lake of the Woods.  Lake of the Woods County has shoreland zoning, ISTS, and Wetland Conservation Act regulations in place to effectively manage the magnitude and type of growth that is now occurring in these areas.

Future Land Use Plan, Page 40 – The following section describes Lake of the Woods County’s vision for future land use and development in the county.  It includes a statement of the county’s land use goals, policies it will promote through its activities, and a future land use map that illustrates the described future land use pattern in the county.  This section also includes specific implementation strategies the county will undertake to further its goals and policies, as well as monitoring indicators that can be used to judge its progress toward its goals.

Goals, Page 40 – Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. Following are those goals.

  • Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  • Maintain the tax base of the county so quality services can be provided.
  • Improve recreational opportunities for residents and visitors.
  • Maintain and, where necessary, improve water quality.

Policies, Page 40 – 41

  • Maintain the county government’s economic health through the maintenance of its tax base, and the promotion of compatible economic activity.
  • Work to enhance the tourism industry in Lake of the Woods County through recreational enhancement and promotion activities.
  • Undertake and/or support activities to protect environmentally sensitive areas within the county.
  • Continue to effectively enforce existing ordinances; reassess the effectiveness of the county’s regulatory tools on an ongoing basis.
  • As a first response to new land use management issues, emphasize educational and technical assistance activities over new regulations when possible.
  • Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities.

Future Land Use, Page 41 – The goals and policies stated above are focused on the county’s core values: individual choice in the areas of work and leisure, local influence over land use policy that affects the county, balance between individual rights and the public’s welfare and between competing economic development and environmental interests, and conservation of the natural resources of the county.  The future land use map (Figure 12, page 42) presented in this section is derived from, and a spatial representation of, these county goals and policies.

The future land use map identifies four categories: rural development activity, agricultural use, forested use, and low impact use areas.  This plan shows an expansion of rural development activity in areas adjacent and contiguous to existing similar uses, a maintenance of the agricultural and forest land base, and the conservation of a large area where only low impact use would be encouraged.  This map is consistent with previously stated county policies that encourage the maintenance and promotion of agricultural, forest, and recreational activities, the protection of environmentally sensitive areas, and the development of intensive uses in areas that are easily served by public infrastructure.  Following is a more specific identification of the decision rules that guided the development of each land use category.

  • Rural Development Activity – Existing and future development areas which are within one-half mile of currently developed lands, but excluding lands that are either in public ownership, classed as wetlands, or more than one mile from an existing road.  Future developments may include industrial, commercial, tourism, residential or other uses as appropriate to the site characteristics and neighborhood character.

This future land use plan map is meant to be a guide for future development patterns and a guide for future land use policy and decision-making by Lake of the Woods County.  Specific circumstances are likely to modify this pattern somewhat: e.g., the successfully negotiated exchange or sale of public and private land, new opportunities generated by increased economic activity, or changes in state or local policy to adjust to changing future circumstances.  However, the map represents an accurate reflection of the policies that have been enunciated in the previous narrative in this section.

Attachment #2

LANDOWNERSHIP BREAKDOWN FOR THE NORTHWEST ANGLE AND ISLANDS
Total Parcels and Acreage = ~1,044 – 78,603 acres 
State Lands = ~152 – 14,448 acres – 18%Reservation Lands = ~158 – 53,406 acres – 68%
 Federal Lands = ~31 – 4,042 acres – 5% Private Lands = ~703 – 6,707 acres – 9%
LANDOWNERSHIP BREAKDOWN FOR OAK ISLAND
Total Parcels and Acreage = ~120 – 1,580 acres 
State Lands = ~3 – 201 acres – 13%Reservation Lands = ~8 – 308 acres – 19%
 Federal Lands = 0 – 0 acres – 0% Private Lands = ~109 – 1,071 acres – 68%

Data derived from ArcGIS parcel mapping information

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision – Final Plat

Name of Applicant:  Sportsman’s Eagle Ridge, LLC (Gregg Hennum)    Date:  2/28/12

Location/Legal Description:  Part of the Government Lot 8, Section 1, T. 167N, R. 33W (partial legal description).  The full legal description of the property is on file with the Land & Water Planning Office.

Project Proposal:  Creation of a Commercial Planned Unit Development within the shoreland area of Lake of the Woods consisting of a seven (7) lot Common Interest Community on Oak Island titled Common Interest Community Number 4, A Planned Community, Eagle Ridge

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

Why or why not?  The Lake of the Woods Comprehensive Land Use Plan provides long term guidance to the county in its land use decision-making process. Below are the values, goals, and policies of the Lake of the Woods County Board for future land use.

The Lake of the Woods County Board is clear about the type of values important to the county as it develops an approach to managing its land base over the next decade. While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land and individual choice when it comes to issues of work and leisure. Following is a summary of those values important to Lake of the Woods County:

  • Individual Choice:  In the type of work and leisure to pursue, and in where to live and in the lifestyle to pursue;
  • Local Influence:  Over policy that affects the lives of county citizens;
  • Conservation:  Of the resources in the county.  Those resources would be used in a way that they remain healthy for future generations; and finally
  • Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. Following are those goals.

  • Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  • Maintain the tax base of the county so quality services can be provided.
  • Enhance the forest resources of the county in ways that promote economic and recreational use, wildlife diversity, and environmental quality.
  • Improve recreational opportunities for residents and visitors.
  • Maintain and, where necessary, improve water quality.

Policies

  • Maintain the county government’s economic health through the maintenance of its tax base, and the promotion of compatible economic activity.
  • Work to enhance the tourism industry in Lake of the Woods County through recreational enhancement and promotion activities.
  • Actively manage growth to maintain the character of Lake of the Woods County, including the semi-wilderness character of the Northwest Angle and its islands.
  • Continue to effectively enforce existing ordinances; reassess the effectiveness of the county’s regulatory tools on an ongoing basis.
  • As a first response to new land use management issues, emphasize educational and technical assistance activities over new regulations when possible.
  • Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Compliant septic systems will be installed over 400 feet from the Ordinary High Water Mark (OHWM) of Lake of the Woods. All but one cabin will be setback more than 200 feet to reduce the visibility from Lake of the Woods. Adequate vegetative buffers exist to screen neighboring properties.

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?  All structures will meet the minimum setback of 75 feet from the Ordinary High Water Mark (OHWM) of Lake of the Woods with five out of the six proposed structures to be placed in excess of 200 feet from the OHWM. Open space will be in excess of 50 percent and at least 50 percent of the shore impact zone will be left in a natural state.  Impervious surface coverage for the entire project is less than 10 percent.

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?  The existing topography will not be adversely affected as this is an asset to the construction of the units located in the second tier of development to gain a view of the lake. The drainage features that are present on the property will not be altered as the site has adequate drainage currently. Extensive vegetative removal is not required as the applicant has indicated he wishes to keep a buffer between the units for seclusion and privacy. The only vegetative removal that is proposed is for the construction of the units and septic system.

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

Why or why not?  No habitable structures are to be placed within the flowage easement of 1064’ elevation of Lake of the Woods. All structures are required to be placed or elevated to an elevation greater than or equal to 1065’.

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?  Appropriate erosion control measures will be implemented during construction of the units. The direction of slope is towards the water; however, five out of the six proposed units are more than 200 feet from the lake and the remaining unit will be setback at a minimum of 75 feet from the lake. The topography of the area has more of a gradual slope within approximately 150 feet of the shoreline.

7. Is the site in harmony with existing and proposed access roads?        

                                                                                                                        YES (  )  NO (  )  N/A (X)

Why or why not?  There are no existing or proposed access roads to this property as it is located on Oak Island.

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

Why or why not?  Adjacent land uses are residential however; the adjacent properties are zoned as commercial-recreational and natural environment. The past land use of this parcel of property has been of the commercial nature with two rental cabins being there for quite some time.

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

                                                                                                                        YES (X)  NO (  )  N/A (  )

Why or why not?  Generally, resorts and/or planned unit developments are located within the shoreland area to provide accommodations for tourists or residential development.

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?  The amount of liquid waste will be comparable or similar to a residential structure. Adequate space has been identified for the placement of two standard septic systems (primary and secondary) sites according to the site evaluation that has been conducted. A standard Type 1 system is proposed for the units.

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

Why or why not?  The visibility of the structures as viewed from the public waters will not change as no vegetation removal within the shore impact zone is proposed.

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

                                                                                                                          YES (X)  NO (  )  N/A (  )

Why or why not?  A site evaluation was conducted and concluded the site is adequate for placement of two standard on-site sewage treatment systems. The site is adequate for a water supply from a drilled well or siphoned from the lake with a filtering system to accommodate the units. Currently, the water supply is shared with an adjacent neighbor, however, the applicant has stated that a proposed well is likely to be drilled in the summer of 2012.

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?  Lake of the Woods is approximately 300,000 acres in size within the county boundaries of Lake of the Woods.

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?  There will be no storage tanks for petroleum or other hazardous material associated with this proposal.

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

Why or why not?  Adequate vegetative screening exists to buffer the proposed project from adjacent properties.

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?  There will be no signs placed upon the property.

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?  A centrally located dock will accommodate boat traffic to and from the site. Also, the applicant has stated that the current trail, in which no easements have been granted for travel purposes, can easily be rerouted on adjacent land that is owned by the applicant to travel from one property to the other without interfering with adjacent property owners.

Additional items considered are as follows:

  1. All correspondence from landowners in opposition to or in favor of this project proposal since January 2011.
  2. Project proposal exceeds greater than 50% open space requirement. Open space has been calculated at approximately 80%.
  3. At least 50% of the shore impact zone (SIZ) must be preserved in its natural state. Applicant is not proposing to alter existing conditions within the SIZ.
  4.  Impervious surface coverage within any tier must not exceed 25% of the tier area requirement. This project proposal has impervious surface coverage of less than 10% for the entire development.
  5. Septic system and water supply will service the six proposed units and be in full compliance with existing regulations.
  6. Dwelling units are clustered into one group.
  7. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas are centralized.
  8. Structures are located as to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, assuming summer leaf-on conditions. Vegetation and topographic screening must be preserved.
  9. See attachment #1 which references specific items as outlined in the Lake of the Woods County Comprehensive Land Use Plan that we feel are consistent with this project.
  10. See attachment #2 which breaks down the landownership for the Northwest Angle and Islands.

The specific conditions of approval are as follows:  __________________________________

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

                                                                                                ____________________________

                                                                                                            Todd Beckel

                                                                                                        Chair, County Board

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

Motion

Motion was made by Commissioner Arnesen to approve the Final Plat for Sportsman’s Eagle Ridge LLC and authorize County Auditor, John W. Hoscheid and Chairman Todd Beckel to sign. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

County Attorney

County Attorney, Philip Miller met with the board to discuss the Cell Phone Stipend. The consensus of the board was to grant County Attorney, Philip Miller the Cell Phone Stipend.  Philip also updated the board on the Courthouse Safety meeting he attended.

COMMITTEE REPORTS

Commissioner Patty Beckel reported on:

  • Airport

Commissioner Arnesen reported on:

  • NWCA meeting
  • Red Lake

Commissioner Todd Beckel reported on:

  • Household Hazard Waste
  • AMC Board- Redesign
  • PILT- Work group

Commissioner Moorman reported on:

  • HRDC
  • Board of Aging

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 2:34 p.m.

Attest:                                                                                     Approved: March 13, 2012

____________________________                                        _______________________________

John W. Hoscheid, County Auditor                                       Todd Beckel, Chairman of the Board