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COUNTY BOARD

July, 2019

Commissioner Proceedings

July 1, 2019

The Lake of the Woods County Board of Commissioners met in special session on Monday, July 1, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Cody Hasbargen called the meeting to order at 8:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad, Human Resource Director Savanna Slick and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda.

Public Works/County Engineer

Chair Cody Hasbargen noted that the proposed engineering contact was unable to attend the meeting until 10:00 a.m., therefore asked the attendees if there were any questions.  Discussion was had regarding the Engineer position and construction and maintenance projects.

RECESS

The meeting was called to recess at 8:20 a.m. and reconvened as follows at 9:40 a.m. with Commissioner Ed Arnesen also in attendance.

Public Works Cont

Commissioners Jon Waibel and Ed Arnesen, and Interim Assistant Engineer Boyd Johnson gave an update on the applicants for the Engineering projects and that Ross Eberle from Interstate Engineering, Inc. would be attending the meeting at 10:00 a.m. to review a proposed contract with the County for Construction and Plant Engineering to help in the interim of the recruiting process for a County Engineer.  They further discussed an additional contract for a Maintenance Engineer.

Amend Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to amend the agenda to add the Clementson Park and purchase of picnic tables.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of 4 picnic tables for the Clementson Park at the price of approximately $670 per table with the funding as follows:  $900 received in contributions by the Baudette Rotary and the remainder up to $2,000 from the County Park account.

Public Works Cont.

Construction Project Engineer/Plant Engineer

Ross Eberle, Senior Project Engineer – Interstate Engineering attended the meeting and reviewed a proposed contract for Construction Project Engineer and Plant Engineer with Lake of the Woods County in the interim of finding a County Engineer.    District Engineer Lou Tasa reviewed the contract and explained what the state would be requiring.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Nordlof and carried unanimously, pending approval of the County Attorney and the State Engineer; to approve the Agreement for Engineering Services with Interstate Engineering, Inc., Ross Eberle, for the Construction Project Engineer/Plant Engineer in the interim of finding a County Engineer.

Maintenance Project Engineer 

District Engineer, Lou Tasa discussed with the County Board the state requirements for the Maintenance Project Engineer.  A Committee meeting of Commissioners: Ed Arnesen and Jon Waibel, Attorney James Austad, Interim County Engineer Boyd Johnson and Human Resources Savanna Slick was going meet with Brian Grund, Freeburg and Grund Engineering.   

RECESS

The meeting was called to recess at 10:30 a.m. and reconvened at 10:35 a.m. as follows:

CLOSED SESSION- LITIGATION

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session at 10:36 a.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Auditor /Treasurer, Lorene Hanson, County Attorney, James Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 11:00 a.m.

Public Works Cont.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to have Chair Cody Hasbargen to sign a separation agreement with Public Works Director, Tim Erickson.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 11:05 a.m.

Attest:                                                                                      July 9, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Cody Hasbargen

==========================================================================================================================================================================

Commissioner Proceedings

July 9, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 9, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Cody Hasbargen 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, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following Additions:  Census.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of June 25, 2019, with changes.

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official and summarized minutes of June 20/25, 2019, BOE.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of July 1, 2019.

Social Services

Social Services Director, Amy Ballard met with the board requesting approval for claims and approval of Fraud Prevention/Investigation Plan.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrant’s $13,469.38, Commissioners Warrant’s $2,176.76, Commissioners Warrant’s $16,361.65.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Fraud Prevention Investigation Plan Application for Lake of the Woods County and to have Commissioner Chair Cody Hasbargen and Social Services Director Amy Ballard sign the same.

Auditor/Treasurer

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims and budget discussion.

Claims  

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund, and carried unanimously to approve the claims against the County as follows: Revenue $27,372.04, Road & Bridge $165,265.15, County Development $17,892.58, Solid Waste $24,257.66 and EDA $798.70.

WARRANTS FOR PUBLICATION

Warrants Approved On 7/09/2019 For Payment 7/12/2019

Vendor Name Amount

Frontier Precision Inc                                                   33,439.54

Howard’s Oil Company                                                  2,002.63

Johnson Construction                                                    4,615.33

LaValla Sand & Gravel Inc                                        114,575.00

Liberty Tire Recycling, LLC                                            6,817.50

LOW School District–390                                            10,000.00

M-R Sign Co, Inc                                                             2,112.58

Mar-Kit Landfill                                                             15,135.00

NOVA Fire Protection, Inc                                             2,418.95

Strata Corp, Inc                                                             2,486.75

Voyageurs Comtronics, Inc                                          2,640.00

Widseth Smith Nolting&Asst Inc                                   11,299.98

Woody’s Service                                                           4,673.40

54 Payments less than 2000  $ 23,369.47

Final Total:    $ 235,586.13

Further moved to authorize the payment of the following auditor warrants:  June 28, 2019 – $22,101.59 and July 3, 2019 – $165,472.26.

Budget Discussion

County Auditor-Treasurer, Lorene Hanson discussed with the County Board the 2020 budget process.  The Board set the following dates for budget review:  August 8 and 9, 2019 at 8:00 a.m. and August 13, 2019 at 1:00 p.m. following the regular county board meeting.

IT Dept

GIS Specialist, Eric Solo met with the County Board to give an update on the Counties Providing Technology (CPT) quotes for accessing the County’s tax data and Census request.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund, and carried unanimously to approve the CPT quotes for the LOW Web Access for Tax and Values of $120.00 per month/$1,440/year, and to have IT Director, Pete Hovland sign the same.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Jon Waibel, and carried unanimously to approve assisting with the CENSUS by sharing the existing address point data.

Attorney

Event Ordinance

County Attorney, Jim Austad met with the County Board to discuss the Event Ordinance.  He reviewed the process of 1) Committee meetings, 2) Notice of Public Hearing (10 day notice), 3) Public Hearing, 4) Planning Commission and 4) Resolution to approve.  Jim would be setting a date for the ordinance committee to be meeting soon.

Land & Water Planning

County Land & Water Planning Director, Josh Stromlund met with the County to discuss:  Drainage Committee, Consideration for Conditional Use Permit, LOW One Watershed/One Plan.

Drainage Committee

County Land & Water Planning Director, Josh Stromlund reviewed with the County Board the members on the drainage committee and the purpose of the committee.  The members included Commissioners: Ed Arnesen and Joe Grund, Interim Engineer Boyd Johnson, Land & Water Planning Director Josh Stromlund, Dennis Johnson (District 3), Vern Horntvedt (District 4), Byron Tviet (District 5) and a SWCD Representative. The committee was set up not only for public drainage systems, outlets, ditches, but also includes the guidance of the maintenance levels of county roads and ditches – mowing, graveling, ditch maintenance etc.   Josh was going to contact the members and set up a meeting in the near future.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to add Bill Rivard, District 2 to the Drainage Committee.

Consideration of Conditional Use Permit – Jamie Gowdy

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Jamie Gowdy to operate short-term vacation rentals on each lot in a Residential District (R-1).   Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the condition the covenants are changed to allow this project.   This was addressed at the June 11, 2019 County Board meeting and the Board had requested to have Jamie Gowdy be present for further questions.  Applicant Jamie Gowdy was now present and after considerable discussion, the County Board gave Mr. Gowdy additional time to resolve questions presented by the Board. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to move the request to the August 27, 2019 board meeting, allowing Mr. Gowdy additional time to address the questions proposed by the Board.

LOW One Watershed/One Plan

County Land & Water Planning Director, Josh Stromlund and LOW Soil & Water Resource Technician Mike Hirst reviewed with the County Board the Lake of the Woods One Watershed/One Plan Executive Summary. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the LOW One Watershed/One Plan Executive Summary and approve submitting to the Board of Water and Soil Resources for approval.

Recess

The meeting was called to recess at 10:47a.m. and reconvened at 10:55 a.m. as follows:

Public Works Dept

Interim Engineer Boyd Johnson met with the County Board with updates on the Maintenance Project Engineer, NWA Road, Interstate Engineering and Applicants.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel to approve the agreement with Freeberg & Grund, Brian Grund for Maintenance Project Engineer contingent County Attorney approval and insurance amendment, effective July 6, 2019.   Motion carried as follows:  For:  Commissioners Ed Arnesen, Buck Nordlof, Cody Hasbargen, Jon Waibel; Abstain:  Joe Grund.

NWA Road

Interim Engineer Boyd Johnson updated the County Board on the maintenance on the State Aid Road at the NWA.    Boyd was going to contact Interstate Engineering regarding amending their agreement to include this project.

Engineer Applicants

Interim Engineer Boyd Johnson updated the County Board on the applications received for the Engineer position and interviews were set.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 11:25 a.m.

Attest:                                                                                      July 23, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Cody Hasbargen

========================================================================================================================================================================

Commissioner Proceedings

July 23, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 23, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Cody Hasbargen 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, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following Additions:  Calcium Chloride, Freeberg & Grund Amendment and NWA Park.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of July 9, 2019.

Social Services

Social Services Fiscal Officer, Christine Hultman met with the board requesting approval for claims.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $5,685.61, Commissioners Warrant’s $2,658.15, Commissioners Warrant’s $46,363.90.

Auditor/Treasurer

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of Claims, Budgets, Tax Forfeited Land Classifications, Clementson Park and Calcium Chloride.

Claims  

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $68,025.31, Road & Bridge $159,229.70, Co Devlp $200.00, Joint Ditch $3,017.50, Solid Waste $26,792.09 and EDA $3,080.00.

WARRANTS FOR PUBLICATION

Warrants Approved On 7/23/2019 for Payment 7/26/2019

Vendor Name                                        Amount

Arrowhead Library System                                   33,118.00

Cenex Co-Op Services, Inc.                                  10,570.76

Chapman/Mark                                                         3,080.00

Counties Providing Technology                             13,650.00

Envirotech Services Inc                                       100,674.54

Evergreen Implement Company                             12,100.00

Farmers Union Oil Co.                                              3,234.43

Fort Distributors Ltd                                               31,652.00

John Deere Financial                                               3,793.40

Liberty Tire Recycling, LLC                                      2,666.40

LOW Highway Dept                                                 9,010.00

North East Technical Service,Inc                             3,043.50

R & Q Trucking, Inc                                                  5,294.79

Swanston Equipment Corp                                      3,074.52

TOTALFUNDS                                                          2,000.00

Zuercher Technologies, LLC                                   2,190.00

47 Payments less than2000 21,192.26

Final Total: 260,344.60

Further moved to authorize the payment of the following auditor warrants:  July 10, 2019 – $7,124.54, July 11, 2019 – $189,421.57; July 17, 2019 – $16,444.39.

Calcium Chloride

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Calcium Chloride invoice from the County Highway for the County State Aid Highway 19 in the amount of $6,494.58 out of the County Parks account.

Budget Dates

Budget dates were discussed and due to scheduling conflicts, it was the consensus to change the original dates scheduled for August 8th and 9th to the dates of August 14th and 15th

Tax Forfeited Land Classifications

Resolution

The following resolution was offered by Commissioners Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously the following:

TAX FORFEITED LAND SALE

RESOLUTION NO. 19-07-01

WHEREAS; the County Board of Commissioners of the County of Lake of the Woods, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for non-payment of taxes, and

WHEREAS, said parcels of land have been viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby certify that the parcels of land listed below, have been viewed and comply with the provisions of Minnesota Statutes 85.012; 92.461; 282.01, subd. 8; and 282.018; and other statutes that require the withholding of tax-forfeited lands from the sale.  (Parcels:  17-0744-040, 19-2614-011, 21-1233-030, 21-1312-040, 21-1312-041, 21-1321-010, 22-1732-000, 23-2533-020, 30-3111-000)

BE IT FURTHER RESOLVED; that the Lake of the Woods County Board of Commissioners hereby request approval from the Minnesota Department of Natural Resources for the sale of said lands.

County Park Funding

Resolution

The following resolution was offered by Commissioners Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously the following:

RESOLUTION AUTHORIZING COUNTY PARK FUNDING

RESOLUTION NO. 19-07-02

WHEREAS:  Minnesota Statutes 282.08 allows for a County Board to annually set aside up to 20% of the receipts from the sale of rental of county administered tax-forfeited land or from the sale of any products therefrom, after the payment of all allowable expenses, to be used for the acquisition and maintenance of county parks, as defined in Minnesota Statutes 398.31, Et. Seq.

THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes and directs the County  Auditor/Treasurer to appropriate 20% of the allowable receipts of the forfeited tax fund of Lake of the Woods County for 2019 to be used for acquisition and maintenance of County Parks.

Clementson Park

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to pay for the additional charges of $585.81 on the picnic tables for the Clementson Park from the County Park account.  Original motion approved on July 1, 2019 was to approve up to $2,000 from the County Park account.

LAND AND WATER PLANNING

Conditional Use Permit – Thomas & Erin Olson

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Thomas and Erin Olson to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential District (R2).  No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the following conditions, the specific conditions of approval are as follows:

  1. The Conditional Use Permit expires on sale or transfer of the property.
  2. Meet Minnesota Department of Health requirements.
  3. Lodging tax for Lake of the Woods County must be paid.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact for Thomas and Erin Olson to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential District (R2) as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Thomas and Erin Olson                                                              Date:  July 23, 2019

Location/Legal Description:  A tract of land in Government Lot 3, Section Thirty (30), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West, Parcel ID# 16.30.32.020.

Project Proposal:  A Conditional Use Permit, as required by Section 401-C of the Lake of the Woods County Zoning Ordinance, to allow the applicant to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential 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? Resort area.

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

            YES ( x )  NO (  )  N/A (  )

Why or why not? Upgrade of system (septic).

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

Why or why not? ___________________________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                                                                              YES (  )  NO (  )  N/A ( x )

Why or why not? ____________________________________________________________________

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

Why or why not? ___________________________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

                                                                                                                                    YES (  )  NO (  )  N/A ( x )

Why or why not? ____________________________________________________________________

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

Why or why not? To use existing roads and driveway.

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

Why or why not? Residential and agriculture.

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

                                                                                                                                    YES (  )  NO (  )  N/A ( x )

Why or why not? ____________________________________________________________________

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

Why or why not? New system to be designed.

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

Why or why not? _____________________________________________________________________

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

                                                                                                                                      YES ( x )  NO (  )  N/A (  )

Why or why not? To be designed for project.           

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

Why or why not? _____________________________________________________________________

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

Why or why not? _____________________________________________________________________

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

Why or why not? Not needed.         

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 ( x )  NO (  )  N/A (  )

Why or why not? No greater than 4’ x 8’.

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? On site.

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. The Conditional Use Permit expires on sale or transfer of the property.
  2. Meet Minnesota Department of Health requirements.
  3. Lodging tax for Lake of the Woods County must be paid.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

LAND AND WATER PLANNING

Conditional Use Permit – Elizabeth Carlson

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Elizabeth Carlson to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District. No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the following conditions, the specific conditions of approval are as follows:

  1. Meet Minnesota Department of Health requirements.
  2. Meet Minnesota Department of Natural Resources requirements.
  3. Minimum site size of at least 3,000 square feet

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact for Elizabeth Carlson to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Elizabeth Carlson                                                                Date:  July 23, 2019

Location/Legal Description:  The North 620 feet of the NE¼ of the NE¼ of Section Thirty (30), Township One Hundred Sixty-eight (168) North, Range Thirty-four (34) West, Parcel ID# 02.30.11.000.

Project Proposal:  A Conditional Use Permit, as required by Section 401-D of the Lake of the Woods County Zoning Ordinance, to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District.

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

Why or why not?  Commercial area.

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

            YES ( x )  NO (  )  N/A (  )

Why or why not?  Meet Minnesota Department of Health standards.

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? No change.

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?  Will not.

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? May or may not be in the floodplain.

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? No change.

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

Why or why not?  Use existing road.

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

Why or why not?  Same usage.

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

                                                                                                                                    YES ( x )  NO (  )  N/A (  )

Why or why not?  Resort area.

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?  New system to be installed.

11. 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? No change.

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

                                                                                                                                      YES ( x )  NO (  )  N/A (  )

Why or why not?  New system to be designed and installed. 

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?  Working with Department of Natural Resources for additional spaces for docking.

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

Why or why not? _________________________________________________________________

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

Why or why not?  ________________________________________________________________      

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

Why or why not? _________________________________________________________________

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed?

                                                                                                            YES ( x )  NO (  )  N/A (  )

Why or why not?  On site.

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:  Meet Minnesota Department of Health requirements. Meet Minnesota Department of Natural Resources requirements. Minimum site size of at least 3,000 square feet.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

LAND AND WATER PLANNING

Conditional Use Permit – Gregg Hennum

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Gregg Hennum to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District.  No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the following conditions, the specific conditions of approval are as follows:

The specific conditions of approval are as follows:

  1. An eight (8) foot high fence extending to the ground on the east, south, and west sides of the property.
  2. Approved to current density standards.
  3. Must meet Minnesota Department of Health regulations.
  4. Must meet at least 3,000 square foot lot size.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact for Gregg Hennum to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District, as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Gregg Hennum                                                                   Date:  July 23, 2019

Location/Legal Description:  A tract of land in Government Lot 1, Section Twenty-five (25), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, Parcel ID# 19.25.21.010.

Project Proposal:  A Conditional Use Permit, as required by Section 401-D of the Lake of the Woods County Zoning Ordinance, to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District.

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

Why or why not?  Growth corridor.

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

            YES ( x )  NO (  )  N/A (  )

Why or why not?  To meet Minnesota Department of Health standards.

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

Why or why not? _______________________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                                                                              YES ( x )  NO (  )  N/A (  )

Why or why not?  Will not.

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

Why or why not? _________________________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

                                                                                                                                    YES (  )  NO (  )  N/A ( x )

Why or why not? ________________________________________________________________

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

Why or why not?  Access off Bur Oak Road.

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

Why or why not?  Resort area.

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

                                                                                                                                    YES (  )  NO (  )  N/A ( x )

Why or why not?  ________________________________________________________________

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

Why or why not?  Designed into project.

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

Why or why not? _________________________________________________________________

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

                                                                                                                                      YES ( x )  NO (  )  N/A (  )

Why or why not?  New well, septic or sanitary sewer district.           

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

Why or why not?  _________________________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?    

                                                                                                                        YES (  )  NO (  )  N/A ( x )

Why or why not? _________________________________________________________________

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

Why or why not?  Natural on the North side and 8’ fence on 3 other sides.

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 ( x )  NO (  )  N/A (  )

Why or why not? In application a 3’ x 5’ with lights

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?  On site.

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. An eight (8) foot high fence extending to the ground on the east, south, and west sides of the property.
  2. Approved to current density standards.
  3. Must meet Minnesota Department of Health regulations.
  4. Must meet at least 3,000 square foot lot size.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

Recess

The meeting was called to recess at 10:00 a.m. and reconvened at 10:05 a.m. as follows:

Highway

Interim Engineer Boyd Johnson met with the County Board to: Update on the progress of projects, Ross Eberle – Amendment to Interstate Agreement, Amendment to Freeberg & Grund agreement and Credit Cards for 3 employees.

Update

Interim Engineer Boyd Johnson and Construction Project Engineer Ross Eberle updated the County Board on the progress of the construction projects going on throughout the county.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Amendment to Interstate Engineering Services for SAP 39-649-003 CSAH 49 Aggregate Surfacing Project; and SAP 39-603-24 and SAP 39-606-18 CSAH 3 & 6 Milling, Full Depth Reclamation, & Bituminous Surfacing.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Amendment to Freeberg & Grund, Inc for Bur Oak Reconstruction.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve a county issued credit card to Boyd Johnson with a limit of $1,500.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve a county issued credit card to Jane Larson with a limit of $1,500.

Motion

Motion was made by Commissioner Buck Nordlof seconded by Commissioner Joe Grund and carried unanimously to approve a county issued credit card to Robert Peterson with a limit of $1,500.

NWA Northerly Park

Joe Laurin of the NWA Edgeriders met with the County Board to give an update on the NWA Northerly Park.  The park application would have to be revised due to wetland impacts.  Mr. Laurin was looking for assistance in completing the application and it was the consensus to ask for a proposal from Whitt Environmental Services.   Further discussion was had regarding culverts to be installed to enable Terracon to get in for soil boring samples.  Mr. Laurin would report back to the board when he had further updates.

AMEND AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to add to the agenda the following:   District Engineer, Lou Tasa for an update and to add a Closed Session pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.) 

District Engineer, Lou Tasa

District Engineer, Lou Tasa attended the meeting via phone conference.  The County Board had questions regarding applicants for the County Engineer position.  A committee of Commissioners Ed Arnesen and Cody Hasbargen, Human Resource Director Savanna Slick and County Attorney James Austad were going to meet to discuss the applicants and an offer for the position.

CLOSED SESSION- LITIGATION

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session at 11:25 a.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Auditor-Treasurer Lorene Hanson, County Attorney James Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 11:50 a.m.

Recess

The meeting was called to recess at 11:50 a.m. and reconvened at 2:00 p.m. as follows:

AMEND AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to add to the agenda the approval of Agreement with Braun Intertec for Geotechnical Services and Widseth, Smith, Nolting for Surveying both for the proposed Law Enforcement Center.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Agreement with Braun Intertec Corporation for providing geotechnical services for the proposed Law Enforcement Center.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Agreement with Widseth Smith Nolting & Associates for surveying services for the proposed Law Enforcement Center.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 2:05 p.m.

Attest:                                                                                      August 13, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Cody Hasbargen