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COUNTY BOARD

February 9, 2021

Commissioner Proceedings

February 9, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, February 9, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the agenda with the following additions: Prep for Non-elected Department Head Reviews/Human Resources.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the official and summarized minutes of January 26, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the following claims: Commissioners Warrant’s $18,247.68; Commissioners Warrant’s $1,736.81; Commissioners Warrant’s $4,449.37.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the claims against the County as follows: Revenue $24,686.49; Road & Bridge $38,358.39; County Development $1,000; Solid Waste $26,181.92; EDA, $1,697.74. 

WARRANTS FOR PUBLICATION

Warrants Approved On 2/09/2021 For Payment 2/12/2021

Vendor Name Amount

Code 4 Services,Inc 2,920.00

Compass Minerals America 7,936.35

Howard’s Oil 3,153.63

Interstate Billing Service Inc 3,095.13

Little Falls Machine, Inc 8,172.28

LOW Highway Dept 6,900.00

Mar-Kit Landfill 17,221.50

Tillery/Dale 2,064.24

Woody’s Service 3,152.81

Ziegler, Inc 11,792.80

58 Payments less than 2000               25,515.80

                           Final Total: 91,924.54

Further moved to authorize the payment of the following auditor warrants: January 27, 2021 for $11,495.92; February 2, 2021 for $82,060.12; February 2, 2021 for $231,549.57.

Resolution for Off-Site Gambling – Northwest Angle Edge Riders

Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call the following:

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 21-02-01

WHEREAS; the Northwest Angle Edge Riders has submitted a Minnesota Lawful Gambling LG230 Application to Conduct Off-Site Gambling to be conducted at the following establishment, which is located in Lake of the Woods County: Sunset Lodge Resort on 2/27/2021.

 Sunset Lodge Resort 3179 Oak Island MN 56741

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

County Extension Committee Appointment

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to appoint Dean Thompson to the 2021 County Extension Committee.

Transfer of Funds: Ditch and CARA

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to authorize a temporary loan to Ditch Fund 22 and the CARA fund; to mitigate a temporary negative cash balance effective December 31, 2020.

Review County Lands for Sale/Auction

The Board reviewed the list of county lands that are eligible for auction.  It was the consensus of the Board to reduce the minimum bid to $1,000 for the three parcels in the City of Williams.  The county land adjacent to the Gustafson property will need to be surveyed and the right of way easement determined before a decision to sell it can be made. The land auction sale will be rescheduled for a later date to accommodate procedures and advertise.

Time Change for Board Meeting

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to change the start time for the Board meeting on February 23, 2021 to 8:30 a.m.  This meeting will be held at Lake of the Woods School.

SHERIFF

Joint Powers Agreement – Minnesota Anti-Heroin Task Force

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the Joint Powers Agreement for the Minnesota Anti-Heroin Task Force Program and for Commissioner Joe Grund to sign the same.

ATTORNEY

Memorandum of Understanding – Minnesota Legal Kiosk Project 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the Memorandum of Understanding between Legal Services of Northwest Minnesota and Lake of the Woods County Law Library and for Commissioner Joe Grund to sign the same.

MIS

IT/GIS Job Description Change 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the three-tier job descriptions for the MIS Department.


Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to move current IT/GIS employees in the MIS Department to Grade 15, Step 5, Points 337, effective the next full pay period.

HUMAN RESOURCES

Highway Office Manager Approval 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to hire Jane Larson to the Highway Office Manager position at Grade 13, Step 2, Points 299, effective May 15, 2021.

Approval to Advertise, Interview and Hire Highway Deputy Accountant

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to advertise, interview and hire for a Deputy Accountant in Highway at Grade 10, Step 1, Points 233.

PUBLIC WORKS

Highway

Amend Agenda

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve adding “Agreement with the City of Baudette” to the agenda.

Agreement with the City of Baudette

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve an agreement with the City of Baudette for maintenance of State Aid Roads in City Limits.

Purchase of Excavator

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the purchase of a John Deere 210G with tilt bucket, hydraulic attachment ability and 2D grade guidance at $268,254.

Purchase of Mulcher

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the purchase of a mulcher attachment for use on a Bobcat from Paladin at $18,500.

Truck Transfer to Sheriff’s Department

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the transfer of a Ford 150 from the Public Works Department to the Sheriff’s Department.

Approval on Consultant for SAP 039-608-025

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve WSB as the consultant for SAP 039-608-025 at $34,202.

Ditch/Drainage Authority

Provided an invoice for JD 28 at $41,217.80

Landfill

Trade-in and Purchase of Bobcat

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the purchase of a 770 Bobcat at $48,520.68 with trade-in of telehandler.

ZIPPEL BAY JETTY

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve up to $25,000 from Con Con Funds for maintenance dredging of the Zippel Bay Jetty.

LAND AND WATER PLANNING

Roseau River Watershed 1W1P

Resolution

This resolution was offered by Commissioner Cody Hasbargen, seconded by Commission Ed Arnesen, and adopted by a vote of 5-0 at a regular meeting of the Lake of the Woods County Board of Commissioners on February 9, 2021.

RESOLUTION TO SUPPORT A ROSEAU RIVER WATERSHED 

ONE WATERSHED, ONE PLAN PROJECT

Lake of the Woods County

Resolution #21-02-02

WHEREAS, the Minnesota Board of Soil and Water Resources has developed policies for coordination and development of comprehensive watershed management plans, also known as One Watershed, One Plan, consistent with Minnesota Statutes, Chapter 103B.801, Comprehensive Watershed Management Planning Program; and,

WHEREAS, Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water Management Act, authorizes Minnesota Counties to develop and implement a local water management plan; and,

WHEREAS, Minnesota Statutes, Chapter 103D.401, Watershed Management Plan, authorizes Minnesota Watershed Districts to develop and implement a watershed management plan; and,

WHEREAS, Minnesota Statutes, Chapter 103C.331, subdivision 11, Comprehensive Plan, authorizes Minnesota Soil and Water Conservation Districts to develop and implement a comprehensive plan; and,

WHEREAS, the counties, soil and water conservation districts, and watershed districts within the Roseau River Watershed (#46), as delineated in the attached One Watershed, One Plan Suggested Boundary Map, have interest in developing a comprehensive watershed management plan for this area.

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County recognizes and supports watershed-scale planning efforts consistent with Minnesota Statutes, Chapter 103B.801, also known as One Watershed, One Plan; and,

BE IT FURTHER RESOLVED that Lake of the Woods County welcomes the opportunity to collaborate with the counties, soil and water conservation districts, and watershed districts within the Roseau River Watershed for watershed-scale planning efforts in the future; and,

BE IT FURTHER RESOLVED that the Lake of the Woods County Board of Commissioners supports an application to the Board of Water and Soil Resources for a planning grant to develop a comprehensive watershed management plan and it is anticipated full participation is not warranted; however, staff will be able to provide comments on an as needed basis.

One Watershed, One Plan Suggested Boundary Map

Lower Rainy and Rapid Rivers 1W1P

Resolution

This resolution was offered by Commissioner James Nordlof, seconded by Commissioner Cody Hasbargen, and adopted by a vote of 5-0 at a regular meeting of the Lake of the Woods County Board of Commissioners on February 9, 2021.

RESOLUTION TO SUPPORT A RAPID AND LOWER RAINY RIVER WATERSHED 

ONE WATERSHED, ONE PLAN PROJECT

Lake of the Woods County

Resolution #21-02-03

WHEREAS, the Minnesota Board of Soil and Water Resources has developed policies for coordination and development of comprehensive watershed management plans, also known as One Watershed, One Plan, consistent with Minnesota Statutes, Chapter 103B.801, Comprehensive Watershed Management Planning Program; and,

WHEREAS, Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water Management Act, authorizes Minnesota Counties to develop and implement a local water management plan; and,

WHEREAS, Minnesota Statutes, Chapter 103C.331, subdivision 11, Comprehensive Plan, authorizes Minnesota Soil and Water Conservation Districts to develop and implement a comprehensive plan; and,

WHEREAS, the counties and soil and water conservation districts within the Rapid and Lower Rainy Watershed (#50) as modified in the attached One Watershed, One Plan Suggested Boundary Map, have interest in developing a comprehensive watershed management plan for this area.

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County recognizes and supports watershed-scale planning efforts consistent with Minnesota Statutes, Chapter 103B.801, also known as One Watershed, One Plan; and,

BE IT FURTHER RESOLVED that Lake of the Woods County welcomes the opportunity to collaborate with the counties and soil and water conservation districts within the Rapid and Lower Rainy Watershed for watershed-scale planning efforts in the future; and,

BE IT FURTHER RESOLVED that the Lake of the Woods County Board of Commissioners supports an application to the Board of Water and Soil Resources for a planning grant to develop a comprehensive watershed management plan and anticipates entering into a Memorandum of Agreement with the counties and soil and water conservation districts within the Rapid and Lower Rainy Watershed, to collaborate on this effort, pending selection as a recipient of a planning grant.

One Watershed, One Plan Suggested Boundary Map

Consideration of Conditional Use Permit #21-01CU by Grant and Savanna Slick

Land and Water Planning Director, Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #21-01CU by Grant and Savanna Slick:  A 4.6-acre tract in Section Twenty-nine (29), Range One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID#: 24.29.22.020. Applicants are requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Rural Residential Zoning (R2).

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried by roll call, with Commissioner Buck Nordlof abstaining, to approve the following Findings of Fact for Grant and Savanna Slick to operate a short-term transient rental in a Rural Residential Zoning (R2), with conditions:  

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Grant & Savanna Slick_________________   Date:  February 9, 2021_____

Location/Legal Description:  A Tract of land in Section Twenty-nine (29), Range One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID#: 24.29.22.020

Project Proposal:  Operate a short-term transient rental in a Rural Residential Zoning District (R2)

  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 County Board is clear about the type of values important to the county as it develops an approach to managing its land base. These values include a desire for local control over an individual choice when it comes to issues of work and leisure. The following is a summary of those values important to Lake of the Woods County, pertinent to this request:

  • Individual Choice – In the types 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;
  • Balance – Between individual rights and the public’s welfare and between competing economic development objectives.

Low Density Rural Activity

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 resorts 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. In conclusion, there will be modest growth in intensive uses, principally seasonal home development, over the next two decades.

Future Land Use Plan

The following describes Lake of the Woods County’s vision for future land use and development in the county. It includes the county’s land use goals, policies it will promote through its activities, and a future land use map illustrating described future land use patterns in the county. It also includes specific implementation strategies the county will undertake to further its goals and policies.

  • Goals:  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. The following are those goals pertinent to the project proposal.
  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain the tax base of the county so quality services can be provided.
  3. Improve recreational opportunities for residents and visitors.
  4. Maintain and, where necessary, improve water quality.
  • Policies:
  1. Maintain the county governments economic health through the maintenance of its tax base, and the promotion of compatible economic activity.
  2. Work to enhance the tourism industry in Lake of the Woods County through recreational enhancement and promotion activities.
  3. 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.
  • 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.

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

YES (X)  NO (  )  N/A ( )

Why or why not? The public health, safety, and welfare will be maintained by upgrading the septic system, if necessary, and establishment of criteria via a rental agreement to ensure neighborhood character is maintained.

  1. 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?  The project proposal is consistent with the goal of preventing and controlling water pollution by upgrading the septic system, if necessary.

  1. 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?  There will be no change to the site’s existing topography, drainage features, and vegetative cover.

  1. 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?  The project proposal is not changing the location of current structures.

  1. 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?  The project proposal is not altering existing conditions.

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

Why or why not?  Access to and from the property is via an existing driveway which leads to an existing county road (22nd Ave NW).

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

Why or why not?  Surrounding land uses are consistent with a rural atmosphere as there is a mixture of seasonal and permanent residences, agricultural, and farmsteads. With proper conditions, the proposed use will be limited in scope as compared to adjacent seasonal and full-time residences.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Property is adjacent to the Winter Road river.

  1. 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 current septic system was installed in 1987 and will be inspected during the summer of 2021.

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

Why or why not?  The proposed use will not alter the view from public waters.

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

YES (X)  NO (  )  N/A ( )

Why or why not?  The property is served from a private well and sewage treatment system.

  1. 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?  The Winter Road river is a tributary of the Rainy River.

  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?  The proposed use will not include storage tanks.

  1. 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?  Natural barrier of trees/vegetation is in existence.

  1. 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 signage associated with the proposed use.

  1. 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?  There is ample parking on the property with an existing driveway. No off-site parking is proposed or needed.

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:

  1. A septic system compliance inspection is to be performed prior to July 31, 2021. If the current system is found to be non-compliant, the system must be upgraded within two-years of the date of the inspection deeming it non-compliant.
  2. Must meet applicable Department of Health requirements.
  3. The current well must be tested and it must meet Minnesota drinking water standards. If the well doesn’t meet said standards, adequate measures must be taken to meet the standards, which may include drilling a new well.
  4. A rental agreement must be kept on file in the Land and Water Planning Office and available on the premises, which addresses and includes the following items:
    • Language reminding renters about boat speed on the Winter Road river.
    • Establishment of quiet hours from 10:00 pm to 7:00 am.
    • There shall be no more than eight (8) people residing or sleeping on the property.
    • Owner contact information is identified, or, in the case the owner is not immediately available, a local point of contact is established.
    • Language prohibiting large gatherings such as wedding receptions, parties, or any other large group function.
    • Establishment of immediate eviction criteria.
    • Language regarding animals and pets on the property.
    • Language regarding being courteous to neighboring property owners and trespassing.
    • Language regarding ATV and snowmobile traffic.
    • A property boundary map.
  5. The property corners are to be visible marked.
  6. This conditional use permit terminates upon sale or transfer of the property.

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

February 9, 2021 _____________________________________

Date Joe Grund

        Chair, County Board

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

Consideration of Conditional Use Permit #21-02CU by L & S Investing, LLC   

Land and Water Planning Director, Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #21-02CU by L & S Investing, LLC for Government Lots 3, 4, and 5, less deeded in Section Seven (7), Range One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID#: 24.07.32.009. Applicants are requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) Zoning District.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the following Findings of Fact for L & S Investing, LLC to operate a short-term transient rental in a Residential Development Zoning District (R1), with conditions:  

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  L & S Investing LLC Date:  February 9, 2021

Location/Legal Description:  Government Lots 3, 4, and 5, less deeded in Section Seven (7), Range One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID#: 24.07.32.009

Project Proposal:  Operate a short-term transient rental in a Residential Development Zoning District (R1)

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

Why or why not?  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. These values include a desire for local control over an individual choice when it comes to issues of work and leisure. The following is a summary of those values important to Lake of the Woods County, pertinent to this request:

  • Individual Choice – In the types 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;
  • Balance – Between individual rights and the public’s welfare and between competing economic development objectives.

High Growth Corridor

The high growth corridor is a 12 mile stretch of highway between Baudette and Wheelers Point Resort. The corridor includes property adjacent to TH 172 and up to the Rainy River. Due to the high-quality amenities and the desire of tourists and residents to be near such fabulous natural resources as Lake of the Woods and the Rainy River, the County would like to encourage growth in a responsible way along the growth corridor.

The vision for the growth corridor is to offer an exceptional quality of life to existing residents, future residents, and tourists interested in taking advantage of the unique natural resources and opportunities in the County.

The pertinent objectives and policies, within the growth corridor are as follows;

  1. Encourage growth in highly desirable areas while discouraging haphazard, random development patterns.
    • Allow home based businesses that do not generate significant traffic or outdoor storage.
  2. Protect housing from incompatible uses.
    • Require buffering for commercial uses that abut residential property.
  3. Support uses that target tourist-oriented development.

Future Land Use Plan

The following describes Lake of the Woods County’s vision for future land use and development in the county. It includes the county’s land use goals, policies it will promote through its activities, and a future land use map illustrating described future land use patterns in the county. It also includes specific implementation strategies the county will undertake to further its goals and policies.

  • Goals:  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. The following are those goals pertinent to the project proposal.
  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain the tax base of the county so quality services can be provided.
  3. Improve recreational opportunities for residents and visitors.
  4. Maintain and, where necessary, improve water quality.
  • Policies:
  1. Maintain the county governments economic health through the maintenance of its tax base, and the promotion of compatible economic activity.
  2. Work to enhance the tourism industry in Lake of the Woods County through recreational enhancement and promotion activities.
  3. 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.
  • 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.

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

YES (X)  NO (  )  N/A ( )

Why or why not? The public health, safety, and welfare will be maintained by upgrading the septic system, if necessary, and establishment of criteria via a rental agreement to ensure neighborhood character is maintained.

  1. 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?  The project proposal is consistent with the goal of preventing and controlling water pollution by upgrading the septic system, if necessary.

  1. 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?  There will be no substantial change to the site’s existing topography, drainage features, and vegetative cover.

  1. 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?  The project proposal is not changing the location of current structures.

  1. 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?  The project proposal is not altering existing conditions.

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

Why or why not?  Access to and from the property is via an existing driveway and County Road #30.

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

Why or why not?  Surrounding land uses are consistent with a residential atmosphere as there is a mixture of seasonal and permanent residences. With proper conditions, the proposed use will be limited in scope as compared to adjacent seasonal and full-time residences.

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

      YES (X)  NO (  )  N/A (  )

Why or why not?  Property is adjacent to the Rainy River.

  1. 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 current septic system was installed in 1998 and will be inspected during the     summer of 2021.

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

Why or why not?  The proposed use will not alter the view from public waters.

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

        YES (X)  NO (  )  N/A ( )

Why or why not?  The property is served from a private well and sewage treatment system.

  1. 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?  The Rainy River is an expansive waterbody that is more than capable of accommodating additional watercraft.

  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?  The proposed use will not include storage tanks.

  1. 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?  Natural barrier of trees/vegetation is in existence.

  1. 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 signage associated with the proposed use.

  1. 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?  There is ample parking on the property with an existing driveway. No off-site parking is proposed or needed.

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:

  1. A septic system compliance inspection is to be performed prior to July 31, 2021. If the current system is found to be non-compliant, the system must be upgraded within two-years of the date of the inspection deeming it non-compliant.
  2. Must meet applicable Department of Health requirements.
  3. The current well must be tested and it must meet Minnesota drinking water standards. If the well doesn’t meet said standards, adequate measures must be taken to meet the standards, which may include drilling a new well.
  4. A rental agreement must be kept on file in the Land and Water Planning Office and available on the premises, which addresses and includes the following items:
    • Language reminding renters about boat speed on the Wabanica River, if utilizing the public access near Bayview Lodge.
    • Establishment of quiet hours from 10:00 pm to 7:00 am.
    • There shall be no tents or campers allowed to gain more renters/occupancy on the property.
    • Owner contact information is identified, or, in the case the owner is not immediately available, a local point of contact is established.
    • Language prohibiting large gatherings such as wedding receptions, parties, or any other large group function.
    • Establishment of immediate eviction criteria.
    • Language regarding animals and pets on the property.
    • Language regarding being courteous to neighboring property owners and trespassing.
    • Language regarding ATV and snowmobile traffic.
  5. The capacity/occupancy of the structure is limited the size of the septic system capacity which will be based upon seventy-five (75) gallons/person/day.
  6. The conditional use permit is based upon current structure size, height, and dimensions which is located on Lot #3 (3.41 acres) on the conceptual plat drawing presented as part of the application.
  7. This conditional use permit terminates upon sale or transfer of the property.

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

February 9, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

HUMAN RESOURCES

Prep for Non-Elected Department Head Reviews

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to postpone the work session to prep for non-elected department reviews to February 17, 2021 at 10:30 a.m.

RECESS

With no further business before the Board, Chair Joe Grund called the meeting to recess at 11:48 a.m.

Attest: February 23, 2021

_________________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Chair of the Board, Joe Grund