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MINUTES & AGENDAS

June 27, 2023

June 27, 2023

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, June 27, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: Approval of Board of Equalization Minutes, and Private Property Owners Request: Rocky Point Speed Limit Sign.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 6, 2023.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 13, 2023.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official Board of Equalization minutes of June 12, 2023 and June 13, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $7,938.82; Commissioners Warrants $4,404.98; Commissioners Warrants $14,827.51.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County with Commissioner Joe Grund abstaining as follows: Revenue $74,286.39; Road & Bridge $148,953.92; County Development $1,100.00; Solid Waste $68,402.84; EDA $1,215.05.

WARRANTS FOR PUBLICATION

Warrants Approved On 6/27/2023 For Payment 6/30/2023

Vendor Name Amount

ByteSpeed, LLC 3,433.00

Cenex Co-Op Services, Inc. 11,433.27

Counties Providing Technology 4,204.00

Extreme Duty Ironworks 2,876.50

Farmers Union Oil Co. 2,402.95

Farmers Union Oil company 2,709.93

Lady Lakers Volleyball Association 2,250.00

Larkin Hoffman Attorneys 33,100.00

Mar-Kit Landfill 15,974.50

Marco Technologies LLC 2,880.00

Midway Ford Company 33,591.80

Mn Counties Computer Co-Op 2,145.00

North East Technical Service,Inc 7,677.40

Nuss Truck & Equipment 2,573.23

R & Q Trucking, Inc 2,444.00

Schneider Geospatial, LLC 2,226.00

Strata Corp, Inc 42,820.04

T-C Lighting 30,307.01

Tillery/Dale 2,643.46

Titan Machinery – Roseau 51,992.00

U.S. Bank Equipment Finance 6,268.50

57 Payments less than 2000 28,005.61

Final Total: 293,958.20

Further moved to authorize the payment of the following auditor warrants: June 7, 2023 for $31,274.74; June 8, 2023 for $2,225.47; June 14, 2023 for $54,382.31; June 21, 2023 for $14,460.84.

Donation from The Family of Roger Birkeland

The Lake of the Woods County board thanks the Roger Birkeland family for their generous donation to veteran transportation services.

Resolution

DONATION TO LAKE OF THE WOODS COUNTY

Pursuant MN Stat. § 465.03

Resolution No. 23-06-01

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

WHEREAS, Lake of the Woods County Commissioners pursuant MN Stat. § 465.03 (gifts to counties) hereby accepts a donation from the family of Roger Birkeland for Veterans Transportation in the amount of $735.00.

NOW THEREFORE, BE IT RESOLVED, that in accordance with the terms set forth by the family of Roger Birkeland, the donors, the funds will be used to support veterans travel and transportation services.

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

Land Lease Discussion

Brian Powers informed the board that there is a discrepancy over the property lines for the approximately 13 acres of tillable land he will be leasing from Lake of the Woods County. County Surveyor Chad Conner informed the board of the costs involved to have the land surveyed for property lines. 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously with Commissioner Ed Arnesen abstaining to survey the leased land of approximately 13 acres to find property lines. 

Liquor License Application- Ships Wheel Resort

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the liquor license application for Ships Wheel Resort.

Liquor License Application- Flag Island

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the liquor license application for Flag Island.

Human Resources

Human Resources Director Savanna Slick informed the board that Environmental Specialist Megan Thompson had resigned. 

Permission to Advertise, Interview, & Hire

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request to advertise, interview, & hire an Environmental Specialist at Grade 10, Step 1, $21.16 per hour, points 245.

CHI Lakewood Health Center- Jeffry Stampohar

CHI Lakewood Health Center President Jeffry Stampohar gave an update on various topics that included: Guardian Flight, Ambulance Services, and division changes.

Solid Waste Abatement Discussion

County Assessor Alisa Jacobsen and County Auditor/Treasurer Lorene Hanson discussed with the board a recent request for a solid waste abate up to 5 years for parcel numbers 16.06.22.010 and 16.06.22.110. The policy for assessment abatements is for the current year and prior two years. The board reviewed the request and information presented.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the abatement request according to policy for only the current year and prior two years for parcel numbers 16.06.22.010 and 16.06.22.110.

Public Works

Approval of Purchase Agreement for Johnson Property

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase agreement between Richard J. & Victoria A. Johnson and Lake of the Woods County in the amount of $75,000 for the purchase of the Johnson property and for County Chair Ed Arnesen, Auditor/Treasurer Lorene Hanson, and County Attorney James Austad to sign the same.

Updates

County Engineer Anthony Pirkl gave an update on various highway department projects and FEMA funding.

Private Property Owners- Rocky Point Speed Limit Sign

Commissioner Ed Arnesen discussed with the board a request he received from private property owners to have a speed limit sign that displays your speed as you approach placed on the road near rocky point. No action was taken at this time.

Borderland Treatment Court

Memorandum of Understand

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Memorandum of Understanding between the State of Minnesota Ninth Judicial District, Borderland Treatment LKW Court, and Lake of the Woods County and for Chair Ed Arnesen to sign the same.

Public Hearing-Large Event Ordinance

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting and open the public hearing Large Event Ordinance meeting at 10:10 a.m.

Large Event Ordinance

Emergency Management Director Jill Hasbargen-Olson discussed the Large Event Ordinance with the board that would require an application for permits at events that would attract 500 or more people.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to close the public hearing and open the regular meeting

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Large Event Ordinance as it was presented. 

Recess

A brief recess took place at 10:15 a.m. and reconvened at 10:20 a.m.

Opioid Discussion

Kay Schell, Doris Knutson, Sandy Peterson, and County Attorney James Austad gave an update to the board regarding opioid funds and the plan for the committee moving forward.

Land & Water

Consideration of Conditional Use Permit Application #23-06 by Shane Meyer

A 4.25-acre tract of land in the NE1/4NE1/4 in Section Thirty-four (34), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel #19.34.11.010. Applicant is 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 vacation rental in a Rural Residential (R2) Zoning District.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact CUP #23-06 by Shane Meyer to operate a short-term vacation rental in a Rural Residential (R2) Zoning District with the following conditions:

  1. The Conditional Use Permit terminates upon sale or transfer of the property.
  2. The maximum occupancy is limited to twelve (12) people.
  3. The septic system in to be sized for 75 gallons per day based upon the maximum occupancy of 12 people.
  4. The quiet hours as indicated in the application from 11:00 pm to 7:00 am apply.
  5. Emergency contact numbers are to be posted in prominent locations within the dwelling.
  6. A single 2’x 3’ non-illuminated sign may be placed near 28th Street NW.
  7. If applicable, the applicant must follow Minnesota Department of Health guidelines.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Shane Meyer Date:  June 27, 2023

Location/Legal Description:  A 4.25-acre tract of land in the NE4NE4, Section Thirty-four (34), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.34.11.010.

Project Proposal:  Applicant is 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 vacation rental in a Rural Residential (R2) Zoning District. 

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

Why or why not? Recreational development.

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

YES (X)  NO (  )  N/A ( )

Why or why not? Septic system to be upgraded and sized for 75 gallons per day to accommodate a maximum occupancy of 12 individuals.

  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 septic upgrade will prevent water pollution and nutrient loading to groundwater.

  1. 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?  ___________________________________________________________________ 

  1. 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?  The site location is not in any floodplain or floodway of a river.

  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?  ___________________________________________________________________ 

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

Why or why not?  Site has access from 28th Street NW.

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

Why or why not?  Site is located in a Rural Residential area with low population density.

  1. Does the project proposal have a reasonable need to be in a shoreland location? YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________ 

  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?  Septic system to be upgraded and sized for 75 gallons per day to accommodate a maximum occupancy of 12 individuals.

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

Why or why not? ___________________________________________________________________

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

Why or why not?  The water supply meets drinking water standards and the septic system is to be upgraded and sized for 75 gallons per day to accommodate a maximum occupancy of 12 individuals.

  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 (  )  NO (  )  N/A (X)

Why or why not? ___________________________________________________________________ 

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

YES (  )  NO (  )  N/A (X)

Why or why not? ___________________________________________________________________ 

  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? Site has currently natural vegetation present to buffer the proposed use from neighboring property.

  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 (X)  NO (  )  N/A ( )

Why or why not? Applicant has indicated a 2’x3’ sign placed near 28th Street NW. 

  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?  Ample parking is available within the property.

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 terminates upon sale or transfer of the property.
  2. The maximum occupancy is limited to twelve (12) people.
  3. The septic system is to be sized for 75 gallons/day based upon the maximum occupancy of twelve (12) people.
  4. The quite hours as indicated in the application from 11:00 p.m. to 7:00 a.m. apply.
  5. Emergency contact numbers are to be posted in prominent locations within the dwelling.
  6. A single 2’x3’ non-illuminated sign may be placed near 28th Street NW.
  7. If applicable, the applicant must follow Minnesota Department of Health guidelines.

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

      June 27, 2023 _____________________________________

Date Ed Arnesen

        Chair, County Board

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

Consideration of Conditional Use Permit Application #23-07 by Michael Hangsleben

Lots 11 and 12, Block 1, Schmidt-Waag Subdivision, Government Lot Two (2), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)- Parcel ID# 16.53.01.110. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) yards of material within the shore impact zone of the Lake of the Woods for the purpose of constructing of an access to Lake of the Woods.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact CUP #23-07 by Michael Hangsleben to move more than ten (10) yards of material within the shore impact zone of the Lake of the Woods for the purpose of construction of an access to Lake of the Woods with the following conditions:

  1. Follow DNR guidelines for boat ramp.
  2. Must be ten (10) feet from lot line.
  3. Maintain erosion control measures during and after construction.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Michael Hangsleben Date:  June 27, 2023

Location/Legal Description:  Lots 11 and 12, Block 1, Schmidt-Waag Subdivision, Government Lot Two (2), Section Eight (8), Township One Hundred Sixty-three (163) North, Range Thirty-three (33). – Parcel ID# 16.53.01.110.

Project Proposal:  Applicant is requesting to move more than ten (10) yards of material within the shore impact zone of Lake of the Woods for the purpose of constructing of an access to Lake of the Woods.

  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?  Recreational lake access.

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

YES (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________________________

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

Why or why not?  _______________________________________________________________________

  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?  No change.

  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? _______________________________________________________________________

  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 (X)  NO (  )  N/A ( )

Why or why not? Rock rip rap.

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

Why or why not? _______________________________________________________________________

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

Why or why not? Neighboring property.

  1. Does the project proposal have a reasonable need to be in a shoreland location? YES (X)  NO (  )  N/A (  )

Why or why not?  Lake access.

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? _______________________________________________________________________

  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 (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________________________

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

Why or why not? _______________________________________________________________________

  1. 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?  _______________________________________________________________________

  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? _______________________________________________________________________

  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 (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________________________

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. Follow DNR guidelines for boat ramp.
  2. Must be ten (10) feet from lot line.
  3. Maintain erosion control measures during and after construction.

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

June 27, 2023 _____________________________________

Date Ed Arnesen

        Chair, County Board

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

Consideration of Amendments to the Lake of the Woods County Zoning Ordinance

Land & Water Director Josh Stromlund informed the board of changes to the zoning ordinance that would pertain to short-term rentals and resorts and asked the board to adopt these changes.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to adopt the amendments to the zoning ordinance.

Consideration of Amendments to the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance

Land & Water Director Josh Stromlund informed the board of minor changes to the SSTS ordinance that would correct the order of and simplify the information to have similar categories in the same section.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to adopt the amendments to the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance. 

Peatlands Discussion

Resource Conservationist Mike Hirst and Land & Water Director Josh Stromlund discussed priority subwatersheds for hydrologic restoration and the DNR pilot project restoration plan for the rapid river. There would be updates with the board seeking project approval before moving forward. 

Recess

With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 12:03 p.m.

Attest: July 11, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen