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COUNTY BOARD

June, 2009

Commissioner Proceedings

June 9, 2009

The Lake of the Woods County Board met in regular session on Tuesday, June 9, 2009, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chair Patty Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were: County Auditor John W Hoscheid, Ted Stone and John Oren.

Approval of Agenda

Motion was made by Commissioner Hanson to approve the agenda for the meeting today with changes. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Todd Beckel to approve the consent agenda for travel: Wayne Bendickson to St. Paul on June 9th for State Board of Review; Lorene Hanson to Grand Rapids on June 16th – 19th for MACATFO; and Josh Stromlund to Lanesboro on June 22nd – 25th for Leadership Training; Steve Sindelir to Shakopee on July 26th – 29th for MACAI.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  

Approval of Minutes

Motion was made by Commissioner Moorman to approve the minutes of May 26, 2009. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Social Service Director, Nancy Wendler

Claims

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

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

                                                Commissioners’ Warrants          $ 12,737.35 

                                                Commissioners’ Warrants         $   8,614.76

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

Senator Tom Saxhaug and Representative Tom Anzelc

Senator Tom Saxhaug and Representative Tom Anzelc met with the County Board and gave a legislative update for the county and state.  This included:  Budgets, PILT, SFIA, Environment and Natural Resources, Public Safety, LGA, Education, Health and Human Services.

Recess

The meeting was called to recess at 10:20 a.m. and reconvened at 10:25 a.m. as follows:

MCIT

Gail Sater, Minnesota Counties Insurance Trust (MCIT) presented the Member Report for Lake of the Woods County including the history on rates, claims and coverage. 

County TV

Lee Hervey, Voyageurs Comtronics updated the County Board on the County TV and options available for upgrading to digital TV.  Chair Patty Beckel referred this to the County TV Committee.  Lee requested direction from the County Board, so he could begin with the application process.

Senior Center

John Oren representing the Lake of the Woods Senior Citizens Council – Brink Center met with the County Board requesting funds for a kitchen renovation project in the Brink Center. 

Motion by Commissioner Moorman to authorize payment to the Senior Citizens Brink Center for kitchen renovations, in the amount of $18,000 from the designated Senior Citizens Brink Center Nutrition account.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Budget Dates

The County Board discussed the budget process and dates to meet.  The following dates were set for the initial budget meetings:  Thursday, July 9th; Wednesday, July 15th and Tuesday, July 21st.  All meetings are to begin at 7:00 a.m. in the Commissioners’ room of the Government Center.

Ditch Authority

Motion was made by Commissioner Todd Beckel to close the regular session at 11:35 a.m. and open the Ditch Authority meeting regarding Judicial Ditch 28 (JD28). The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

The following members were present:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were:  Public Works Director Bruce Hasbargen, Assistant Engineer Bill Sindelir and County Auditor John W Hoscheid.                    

Assistant Engineer Bill Sindelir updated the board on the JD 28 project.

Motion was made by Commissioner Arnesen to approve payment acquiring a right-of-way on Judicial Ditch 28 and repair costs.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was carried as follows:  For:  Commissioners:  Arnesen, Patty Beckel, Hanson and Moorman; Opposed:  Commissioner Todd Beckel.    

Motion was made by Commissioner Todd Beckel to close the Ditch Authority meeting at 12:04 p.m. and open the regular meeting.  Seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Recess

The meeting was called to recess at 12:05 p.m. and reconvened at 1:00 p.m. as follows:

PLANNING COMMISSION

Motion was made by Commissioner Todd Beckel to close the regular meeting at 1:01 p.m. and open the Planning Commission regarding Mike Reed’s zone change request. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

The following members were present:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were:  Land and Water Planning Director Josh Stromlund, County Auditor John W Hoscheid and Mike Reed.          

Land and Water Planning Director, Josh Stromlund discussed the past history of the project area which included an environmental assessment worksheet and explained how it all relates to the current ordinance regarding a zone change.  Correspondence from Royal Karels concerning the zone change was introduced, read and discussed.       

Motion was made by Commissioner Hanson to close the Planning Commission at 1:33 p.m. and open the regular meeting.  Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Land and Water Planning Director

Bostic/Zippel Watershed Assessment Project

Land and Water Planning Director, Josh Stromlund discussed the “Proposed Plan of Work for Bostic/Zippel Watershed Assessment Project” with the County Board. 

Wetland Appeal Fee

Land and Water Planning Director, Josh Stromlund discussed the wetland appeal application fee.

Motion was made by Commissioner Todd Beckel to set the wetland appeal application fee at a non-refundable fee of $500.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Human Resource Director

Human Resource Director, Wade Johannesen met with the County Board to discuss an extension on his Human Resource Contract with Lake of the Woods County. 

Motion was made by Commissioner Moorman to approve an extension, from July 1, 2009, to October 23, 2009, on the Human Resource Contract between Wade Johannesen and Lake of the Woods County; and to have County Board Chair Patty Beckel and County Auditor John W Hoscheid sign said contract.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was carried as follows:   For:  Commissioners Arnesen, Patty Beckel and Moorman; Opposed:  Commissioners Todd Beckel and Hanson.

County Auditor

Claims

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

Motion was made by Commissioner Hanson to approve the following claims against the county as presented.   

                                                Revenue                                     $ 50,650.54

                                                Road & Bridge                         $ 26,063.11

                                                County Development                $   3,789.00

                                                Solid Waste                               $ 17,362.61

                                                                                                   $ 97,865.26

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  6/09/2009 FOR PAYMENT  6/12/2009

                        AMOUNT   VENDOR NAME                                                           AMOUNT   VENDOR NAME

                          473.28 AUTO VALUE BAUDETTE                                       459.00 BLACK BOX CORPORATION

                          341.78 CANON FINANCIAL SERVICES INC                      2601.62 CENEX CO-OP SERVICES, INC.

                          375.00 MARK CHAPMAN                                                    4348.03 CROP PRODUCTION SERVICES

                        1094.64 DODDS LUMBER                                                     1800.00 EARTHWORKS CONTRACTING INC

                        3070.20 ESRI                                                                            314.62 FARMERS UNION OIL CO.

                          317.66 FRONTIER PRECISION INC                                       317.95 RICHARD GOODERUM

                          367.86 HOLIDAY INN ST CLOUD                                        507.57 HOLTE IMPLEMENT, INC

                          772.34 KONRAD MATERIAL SALES LLC                            320.00 LAKEWOOD HEALTH CENTER

                          501.42 LOCATORS SUPPLIES INC                                        597.24 LOW FOODS

                        3091.14 LOW HIGHWAY DEPT                                            2900.00 LOW SOIL & WATER CONS. DIST.

                        9946.80 MAR-KIT LANDFILL                                               2429.00 MN COUNTIES INSURANCE TRUST

                          375.00 MN OFFICE OF ENTERPRISE TECHNO                    560.00 MN STATE SHERIFF’S ASS’N

                        5335.50 LAW MOREN                                                             556.80 MSOP-MN SEX OFFENDER PRGRM-462

                          350.83 NOBLE RADIO SHACK                                            1150.38 NORTHERN FARMERS CO-OP

          300.00 NW ANGLE & ISLAND CHAMBER OF C                1805.19 PETE’S BODY SHOP   DBA

          435.97 PIRKL LUMBER & CARPET                                      732.26 PRO ACTION UNIFORMS

        1621.00 R & Q TRUCKING, INC                                              502.15 RODERICK RONE JR

        1080.24 ROSEAU COUNTY COOPERATIVE ASSN                323.05 TONY DORN, INC.

        8906.94 TRUEMAN WELTERS                                                390.00 WEST GROUP

      27573.00 WHERLEY MOTORS                                                4122.33 WIDSETH SMITH NOLTING&ASST INC

36 PAYMENTS LESS THAN  $300       4,797.47

*FINAL TOTAL     $97,865.26

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

                                                May 26, 2009                           $ 585,491.54

                                                June 4, 2009                             $     1,550.00

                                                June 5, 2009                             $ 969,101.86

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

Liquor License

Motion was made by Commissioner Todd Beckel to approve the following licenses:  Intoxicating Liquor, 3.2 Malt Liquor and Cigarette; from July 1, 2009, to June 30, 2010, contingent upon the approval of the County Sheriff, County Attorney and all property taxes and lodging taxes are paid to date.

  • On/Off Sale and Sunday Liquor License:

Adrian’s Resort, Angle Inn Resort, Ballard’s Resort, Borderview Resort, Jerry’s Restaurant and Lounge, Morris Point Lakeview Lodge, Riverbend Resort, Rock Harbor Lodge, Sportsman’s Lodge, Wigwam Resort, Zippel Bay Resort, North Point Bar & Grill, Sportsman’s Oak Island Lodge; 

  • On-Sale and Sunday Liquor License:

Cyrus Resort, Ken-Mar-Ke Resort, Flag Island Resort, Wheelers Point Resort, Rosalie’s Restaurant and Lounge;

  • Off-Sale Only:

Log Cabin Liquors Inc;

  • Cigarette License:

Adrian’s Resort, Ballard’s Resort, Bay Store, Borderview Lodge, Cenex, City of Baudette, City of Williams, Cyrus Resort, Border Bait, Flag Island Resort, Holiday Station, Howard’s, Jeanette Mcatee, Lake of the Woods Foods, Log Cabin Bait, Log Cabin Liquors, Long Point Resort, Morris Point Lakeview Lodge, North Point Bar & Grill, Riverbend Resort, Rock Harbor Lodge, Sportsman’s Lodge, Sportsman’s of Oak Island Lodge, Too Tall’s, Wheeler’s Point, Zippel Bay Resort;

  • 3.2 On-Sale Malt Liquor:

Long Point Resort, Ship’s Wheel Resort and Oak Island Resort;

  • 3.2 Off-Sale Malt Liquor:

Bay Store, Cyrus Resort, Border Bait, Long Point Resort, Oak Island Resort, Rock Harbor Lodge, Log Cabin Bait, Flag Island Resort.

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

Take a Kid Fishing

Motion was made by Commissioner Todd Beckel to allocate the budgeted amount of $600 to the 2009 Lake of the Woods Take-A-Kid Fishing event, with funds out of the County Development fund.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Lakewood Care Center

SharRay Feickert, Lakewood Care Center met with the County Board requesting a letter of support for Lakewood Care Center to reduce the care center bed size of 52 (24 double occupancy rooms and 4 single rooms) to a 44 bed facility (12 single rooms and 16 double occupancy rooms).  It was the consensus of the County Board to support the change of facility beds at the Lakewood Care Center.

Old/New Business

The County Board discussed the following old and new business: 

Social Service Director, Nancy Wendler gave a Community Support Program (CSP) update to the County Board.

The County Board discussed and will be having a “Joint Information Sharing Meeting” with the Roseau County Board on Wednesday, June 17, 2009, from 11:00 a.m. to 1:00 p.m. at the Roosevelt Rustic Diner in Roosevelt, MN.

There were no new updates on:

  • PILT payment, Capital and General Expenditure Policy, Boundary Commission, Road Inventory, Assessing Agreements, ANI, No Net Loss Policy, Joint Meeting with City of Baudette and Lake of the Woods School.

Committee Reports:

The following committee reports were heard and discussed: 

  • Minnesota Rural Counties Caucus (MRCC) – Legislative update by Commissioner Todd Beckel
  • Public Safety Answering Points – update on Minnesota Statewide 911 Program and available grants – by Commissioner Todd Beckel
  • Department Head Meeting – update by Commissioner Patty Beckel
  • State Mental Advisory – update by Commissioner Moorman

Correspondence:

Correspondence was acknowledged from: 

  • Northern Counties Land Use (NCLU) – Ash tree update
  • MN Department of Natural Resources (MDNR) “No Net Gain” of Land

Closed Session – Land Acquisition

Motion was made by Commissioner Todd Beckel to close the regular session at 4:10 p.m. and open the closed session regarding land acquisition. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

The following members were present:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.   Also present was County Auditor, John W Hoscheid.              

Motion was made by Commissioner Todd Beckel to close the closed session at 5:04 p.m. and open the regular meeting.  Seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

The County Board discussed options and prices of purchasing land acquisitions.  The County Board directed County Auditor, John W Hoscheid to research bonding and to place this on the agenda for the next County Board meeting.

Recess

With no further business before the County Board, Chair Patty Beckel called the meeting to recess at 5:04 p.m.

Attest:                                                                                                 Approved:      

____________________________                                                    ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair

Lake of the Woods County

Board of Equalization

June 17, 2009

The Lake of the Woods County Board of Equalization met on Wednesday, June 17, 2009, in the Commissioner’s Room of the Lake of the Woods County Government Center. 

Call to Order

Chair Patty Beckel called the meeting to order at 5:00 p.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners: Ed Arnesen, Patty Beckel, Tom Hanson, Ken Moorman and County Auditor John W Hoscheid.  Absent:  Commissioner Todd Beckel who joined the meeting at 6:00 p.m.  Also present were: County Assessor Wayne Bendickson, Assistant Assessor Dale Boretski.  Deputy Recorder Christie Russell swore in the members of the Board of Equalization. 

County Assessor

County Assessor Wayne Bendickson explained that the valuation period is from 2007 – October 2008.  He further discussed the market conditions and sales ratio and how it pertains to Lake of the Woods County.

The required level of assessment is between 90 and 105 percent.  If the sales ratio study indicates that the median ratio of EMVs to the selling prices is below 90 percent or above 105 percent, the Commissioner of Revenue, acting as the State Board of Equalization, will typically increase or decrease values to bring about equalization.  State Board orders are usually on a county, city, or township wide basis for a particular classification of property.  All State Board orders must be implemented by the county, and the changes are made to the current assessment year.

Property Owners

County Board Chair Patty Beckel explained that all appeals would be heard before any action would be taken.

Meeting with the board was Robert Dybedahl, property owner in Zippel and Myhre Townships.  County Assessor Wayne Bendickson reviewed the values of similar properties in this area. 

Meeting with the board was Greg Stennes, property owner in Chilgren and Lakewood Townships.  County Assessor Wayne Bendickson reviewed the values of similar properties in this area.

Meeting with the board was Richard Gross, property owner in Oak Island Township.  County Assessor Wayne Bendickson reviewed the values of similar properties in this area.  Wayne stated that he is going to attend a meeting with the Landowners Association next month at the Angle.

Meeting with the board was Charles Wirth, property owner in Oak Island Township.  County Assessor Wayne Bendickson reviewed the values of similar properties in this area.

Meeting with the board was Julie Clark, property owner in Baudette Township.  Julie presented to the Board of Equalization an appraisal that was done on her property, for review and reference. County Assessor Wayne Bendickson reviewed the values of similar properties in this area.

Meeting with the board was Ray Kopkie, property owner in Spooner Township.  County Assessor Wayne Bendickson reviewed the values of similar properties in this area.      

Actions

After hearing all the appeals, questions and comments, the following action was taken:

Robert Dybedahl, property owner in Zippel and Myhre Townships; it was the consensus to revalue 8.75 acres to a per acre value of $825.

Charles Wirth, property owner in Zippel Township, motion was made by Commissioner Arnesen to reduce the building value from $72,055 to $20,000 on the 1979 doublewide, due to the structure condition.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Motion was made by County Auditor John W Hoscheid to make no changes on the following properties:

Property Owners:          

  • Greg Stennes               Chilgren and Lakewood Townships
  • Richard Gross                         Oak Island Township
  • Loren Bray, Jr,            Myhre Township
  • Julie Clark                   Baudette Township

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

County Board Chair Patty Beckel introduced the following letter received from William Novacek, property owner in Baudette Township.  His letter commented on how property values continue to rise when the economy continues to fall. 

County Assessor

County Assessor Wayne Bendickson issued reports detailing comparisons of taxes by land classifications for payable years 2007 and 2008 and estimated market value comparisons for assessment years 2007 and 2008.  He also reviewed new constructions for the current and previous years.

Adjourn

Motion by Commissioner Hanson to adjourn the County Board of Equalization meeting for 2009, seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.  County Board Chair Patty Beckel adjourned the County Board of Equalization meeting for 2009 at 7:45 p.m.

Attest:                                                                         Approved:

___________________________                              ________________________________

John W Hoscheid, County Auditor                            Patty Beckel, County Board Chair

Commissioner Proceedings

June 23, 2009

The Lake of the Woods County Board met in regular session on Tuesday, June 23, 2009, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chair Patty Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were: County Auditor John W Hoscheid, Ted Stone and John Oren.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today with changes. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda, with changes, for travel: Holly House to Breezy Point on September 20th – 23rd for AMEM Conf; Brent Birkeland to Little Falls on June 30th for Manatron GRM IT training; Rita Krause to St. Cloud on September 13th – 15th for Child Support meeting; Dallas Block to Alexandria on June 8th – 10th for Sheriff’s conference; Jim Walton to Alexandria on June 10th – 11th for Deputy Sheriff’s conference; Cheri Anderson, Judy Kasberger and Ruth Rizzi to St. Paul on June 9th – 11th for Criminal Justice Information System training.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Approval of Minutes

Motion was made by Commissioner Todd Beckel to approve the minutes of June 9th and June 17th with changes. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Social Service Director, Nancy Wendler

Claims

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

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

                                                Commissioners’ Warrants          $ 25,883.97 

                                                Commissioners’ Warrants         $ 11,197.65

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

Shred-It Contract

Social Services Director, Nancy Wendler updated the County Board on the Shred-It contract and requested permission to renew the contract between Shred-It and Lake of the Woods County for the provision of on-site secure document destruction services from 7/16/09 through 7/15/10.

Motion was made by Commissioner Moorman to approve the contract between Shred-It and Lake of the Woods County for the provision of on-site secure document destruction services from 7/16/09 through 7/15/10, and to authorize Social Services Director, Nancy Wendler to sign the same.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

MinnesotaCare

Social Services Director, Nancy Wendler updated the County Board on the MinnesotaCare contract and requested permission to approve an amendment to the contract between the State of Minnesota and Lake of the Woods County effective 6/23/09, for an increase in the dollar amount paid by DHS to Lake of the Woods County Social Services for Minnesota Care applications.

Motion was made by Commissioner Todd Beckel to approve the amendment to the contract between the State of Minnesota and Lake of the Woods County Social Services effective 6/23/09, for an increase in the dollar amount paid by DHS to Lake of the Woods County Social Services for MinnesotaCare applications from $4,337 to $5,337 through 6/30/09; and to authorize Social Services Director, Nancy Wendler and County Board Chair, Patty Beckel to sign the same.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Resolutions

“No Net Gain”

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

Resolution Instituting

“No Net Gain” of Land

by the

Minnesota Department of Natural Resources (DNR),

United States Fish and Wildlife Service (USF&WS)

or

Any Tax Exempt Land Trust

Resolution 09-06-01

WHEREAS; Minnesota Statute §97A.145, Subd. 2, provides the authority and prescribes the process for the Minnesota Department of Natural Resources (DNR) to acquire lands in the counties of the State of Minnesota, including the provision of non-approval of purchase by a county board; and

WHEREAS; the Department of Interior has a memorandum of agreement with the State of Minnesota providing the authority and prescribing the process for the United States Fish and Wildlife Service (USF&WS) to acquire lands in the counties of the State of Minnesota, including the provision of non-approval of purchase by a county board; and

WHEREAS; the further acquisition of land by the DNR, USF&WS, and/or a similar agency, potentially erodes the tax base of Lake of the Woods County; and

WHEREAS; any action by the State of Minnesota’s plan to freeze gross Payment in Lieu of Taxes (PILT) funding and the United States Congress’ failure to adequately fund federal revenue sharing will cause a significant loss of PILT revenue to Lake of the Woods County;

NOW, THEREFORE, BE IT RESOLVED; that Lake of the Woods County hereby establishes a “No Net Gain Acquisition Policy” for DNR, USF&WS and/or similar agencies;

BE IT FURTHER RESOLVED; that no new lands may be acquired in Lake of the Woods County by the DNR, USF&WS and/or similar agencies via purchase, environmental land trust, or other method, unless an equal amount of property is sold back to private ownership, unless there is a guarantee that there will be no loss of revenue to the local taxing authorities;

BE IT FURTHER RESOLVED; that the DNR and USF&WS do a complete inventory of all lands currently owned in Lake of the Woods County and evaluate each parcel for possible sale back to private ownership.

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

MRCC Levy

No action was taken on a resolution presented from MRCC regarding levies and un-allotments.

Land and Water Planning

Consideration of Zone Change

Zoning Inspector, Steve Sindelir presented the Findings of Fact and Decision for a consideration of Zone change for Mike Reed.

A motion was made by Commissioner Todd Beckel to approve the following: Findings of Fact and Decision for Mike Reed requesting a zone change:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Mike Reed                                                                   Date:  June 23, 2009

Project Proposal:       A petition to amend the Zoning Ordinance, for a zone change from a

Natural Environment District to a General Use District for the purpose of extracting gravel and development of a RV park/Residential Trailer Park.  The property, as part of this proposal, is described as the SE1/4, less platted in section 20, T. 162N, R. 32W (Wheeler Township)

  1. Is the requested use consistent with maintaining the public health, safety, and welfare?

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

Why or why not?  A mandatory Environmental Assessment Worksheet (EAW) was conducted, in 2007, due to the size of the project which included a subdivision (Morris Point Estates), proposed RV campground and included a narrative explaining current and future land use conditions.  A negative declaration resolution was passed by the Lake of the Woods County Board of Commissioners on June 12, 2007. 

The EAW considered: 

  • wetlands
  • different cover types
  • ecologically sensitive resources
  • impacts on water resources
  • water use
  • land use
  • erosion and sedimentation
  • wastewater 
  • traffic
  • water quality
  • air emissions
  • order, noise, dust
  • archaeological resources
  • historical resources
  • visual impacts
  • compatibility with land use regulations
  • Impacts on infrastructure and public services

A Stormwater Pollution Prevention Plan (SWPPP) was prepared for the Morris Point Estates Subdivision and implemented.

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

Why or why not?  A Stormwater Pollution Prevention Plan (SWPPP) was prepared for the Morris Point Estates Subdivision and implemented.  Also, compliant septic systems or a central system will be installed.

3. Will the requested use not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                                                                 YES (X)  NO (  )  N/A (  )

Why or why not?  The sites topography, drainage features, and vegetation cover has been devastated due to the gravel extraction.  This will continue to occur until such time the gravel extraction ceases.  However, the proposed development of the RV campground/Residential Trailer Park will enhance the site’s topography by eliminating the manipulation of the land.  Drainage features will be eliminated or reduced as there will be no need to de-water the site once the gravel is exhausted.  The vegetative cover will be re-established with lawn, trees, and shrubs once the gravel extraction ceases.           

4. Is the requested use’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 area is not within any floodplain.

5. 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 requested use?

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

Why or why not?  Currently, the site is exposed gravel with unstable slopes.  The proposed RV campground/Residential Trailer Park will enhance the vegetative cover by the re-establishment of vegetation.  This vegetation will greatly reduce the erosion potential of the site.

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

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

Why or why not?  Access to the site will be via Sadie Drive NW as indicated on the plat of Morris Point Estates.

7. Is the requested use compatible with adjacent land uses?

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

Why or why not?  The RV Campground/Residential Trailer Park is considered a Commercial Planned Unit Development according to the Lake of the Woods Zoning Ordinance and the gravel operation is considered an extractive use.  The Land Use Districts adjacent to the site are:  Natural Environment, Residential Development, and Commercial-Recreation.  Current land uses adjacent to the site include:  agricultural, woodland/hunting, commercial, residential, and gravel extraction.

        The proposed request has two land uses associated with the request, a Commercial Planned Unit Development and Extractive.  The Zoning Ordinance, through the Land Use District designation, does allow these individual uses in certain Districts but the General Use District allows both of these uses to occur.  The General Use District allows a Commercial Planned Unit Development only through the granting of a Conditional Use Permit.

8. Does the requested use have a reasonable need to be in a shoreland location?

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

Why or why not?  This proposal is not located in a shoreland area.

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

Why or why not?  The RV campground/Residential Trailer Park will have a central septic system or have compliant individual septic systems.

10. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance or Section 5.3 of the Rainy/Rapid Rivers Shoreland Ordinance?                                                                                                                                                  YES (  )  NO (  )  N/A (X)

Why or why not?  This proposal is not located in a shoreland area.

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

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

Why or why not?  Adjacent properties have private water wells and septic systems.  Site evaluations were conducted, as part of the subdivision process, with adequate soils being present for a septic system.  Also, as part of this proposal, undisturbed land exists for the construction of a central sewage system or individual septic systems.

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

Why or why not?  This proposal does not directly affect public water, however, it is anticipated that recreation will occur on Lake of the Woods.

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: 

The County Board recommended that the site be revisited in one (1) year to check the status of the RV campground/ Residential Trailer Park and whether the gravel extraction is still taking place. Conditions will also be addressed when Mr. Reed applies for a Conditional Use permit for the operation of the RV Campground/ Residential Trailer Park as per paragraph E of Section 401 and Section 1104 of the Lake of the Woods County Zoning Ordinance. 

Approved  (X)       Denied  (  )

                                                                                                ____________________________

                                                                                                            Patricia Beckel

                                                                                                Madam Chair, County Board

This is in accordance with Section 1104 of the Lake of the Woods Zoning Ordinance or Section 3.4 of the Rainy/Rapid Rivers Shoreland Ordinance.

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

County Auditor

Claims

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

Motion was made by Commissioner Arnesen to approve the following claims against the county as presented.   

                                                Revenue                                     $ 16,456.03

                                                Road & Bridge                         $ 19,484.56

                                                Solid Waste                                $  1,160.20

                                                                                                   $ 37,100.79

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  6/23/2009 FOR PAYMENT  6/26/2009

                       AMOUNT   VENDOR NAME                                                    AMOUNT   VENDOR NAME

                          538.57 AMERI PRIDE LINEN & APPAREL SE                     311.20 JERRY ANDERSON

                        1784.45 ARROWWOOD RESORT                                            800.00 BAUDETTE BUILDERS, INC

                          416.57 DALLAS BLOCK                                                      8656.00 BORDUN TRUCKING, LTD

                        1238.00 BRAD’S PLUMBING & HEATING, INC                   2386.43 CENEX CO-OP SERVICES, INC.

                          466.36 CUSTOM AUTOBODY AND REPAIR                      3092.50 GOULET CONTRACTING INC

                        3333.00 HOFFMAN, DALE, & SWENSON, PLLC                 2072.31 HOWARD’S OIL COMPANY

                          610.53 LAKE ROAD DIESEL INC                                         508.61 LAKES GAS CO.

                        1001.00 LOW SOIL & WATER CONS. DIST.                          529.00 MN COUNTIES INSURANCE TRUST

                          375.00 MN OFFICE OF ENTERPRISE TECHNO                    500.00 MN STATE OF (CPV PROGRAM)

                          404.99 JEROME MOLINE                                                      680.00 NORTHWEST ANGLE&ISLAND FREIGHT

                          473.16 OFFICE DEPOT                                                          445.80 RODERICK RONE JR

                          579.92 WEST GROUP                                                           1851.92 WOODY’S SERVICE

35 PAYMENTS LESS THAN  $300       4,045.47

FINAL TOTAL    $37,100.79

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

                                                June 9, 2009                              $    5,794.37

                                                June 16, 2009                          $    27,914.62

                                                June 16, 2009                           $ 371,382.14

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

Bonding

County Auditor, John W Hoscheid updated the County Board on the bonding information he had been requested to research.

Liquor License

Motion was made by Commissioner Hanson to approve the following On/Off Sale and Sunday Liquor License for the period of July 1, 2009 to June 30, 2010; contingent upon the approval of the County Sheriff, County Attorney and all property taxes and lodging taxes are paid to date.

  • On/Off Sale and Sunday Liquor License:

Randall’s Resort Inc

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

Year-End Audit

County Auditor John W Hoscheid updated the County Board on the 2008 year-end audit.

Recess

The meeting was called to recess at 9:55 a.m. and reconvened at 10:05 a.m. as follows:

MIS Director

MCCC

MIS Director, Brent Birkeland updated the County Board on the Minnesota Counties Computer Cooperative (MCCC) conference he attended June 1st – 4th.  He mentioned that August 17, 2009 was the “go live” date with the Manatron Solution for taxes.

MN Broadband Task Force

MIS Director, Brent Birkeland updated the County Board on the Minnesota Broadband Task Force Forum meeting he recently attended in Grand Rapids with discussion on how we deliver broadband across the state.

SWCD

Chair Patty Beckel presented a letter from Marshall Nelson, Soil and Water Conservation District (SWCD) inviting the Lake of the Woods County Board of Commissioners to have a joint meeting with the SWCD Board.  They requested a response by July 1st, potential dates for the meeting and to hold the meeting prior to July 30th.  The County Board requested County Auditor, John W Hoscheid to write a letter on behalf of the board acknowledging the invitation and available dates.

Public Works Director

Clementson Park

Public Works Director, Bruce Hasbargen met with the County Board requesting approval for payment for caretaking services rendered at the Clementson Park by Jeff Pelland in the amount of $450.00.    The County Board requested Bruce to submit an invoice for the services provided at the next board meeting.

Solid Waste Facility

Public Works Director, Bruce Hasbargen discussed having a concrete slab poured at the Solid Waste facility. 

Motion was made by Commissioner Arnesen to authorize having a 60×60 concrete slab poured at the Solid Waste facility; and to obtain 3 quotes for Commissioners on the Solid Waste Committee to review and choose the lowest quote.   The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried. 

Cohort Regional Leadership Training

Discussion was had regarding cohort regional leadership training and it was the consensus to move forward jointly with Roseau County. 

Motion was made by Commissioner Todd Beckel to fund up to $6,000 for a cohort regional leadership training, with Roseau County, with funds coming from the County Development fund.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Closed Session – Land Acquisition

Motion was made by Commissioner Todd Beckel to close the regular session at 11:15 a.m. and open the closed session regarding land acquisition. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

The following members were present:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.   Also present were: County Auditor, John W Hoscheid and County Assessor, Wayne Bendickson.              

Motion was made by Commissioner Todd Beckel to close the closed session at 12:12 p.m. and open the regular meeting.  Seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

The County Board directed Commissioner Todd Beckel to continue negotiations with Dean Bernard on the land acquisition.

Recess

The meeting was called to recess at 12:13 p.m. and reconvened at 1:00 p.m. as follows:

Public Hearing – Aggregate Tax

Motion was made by Commissioner Todd Beckel to close the regular session at 1:00 p.m. and open the Public Hearing for Aggregate Tax. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

The following members were present:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present was:  County Auditor John W Hoscheid.                   

The County Board discussed the aggregate material production tax that was imposed on February 28, 2006.  After discussing the increase in rates for this tax it was the consensus of the board to terminate the aggregate material production tax effective January 1, 2009.

Motion was made by Commissioner Todd Beckel to close the Public Hearing for Aggregate Tax at 1:20 p.m. and open the regular meeting.  Seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

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

Terminating Aggregate Material Production Tax

Resolution 09-06-02

WHEREAS, Lake of the Woods County was currently imposing an Aggregate Material Production Tax pursuant to Minnesota Statute 298.75, which was imposed on February 28, 2006; and

WHEREAS, Lake of the Woods County has held a public hearing on terminating an Aggregate Material Production Tax on June 23, 2009; and

WHEREAS, Lake of the Woods County is now authorizing the termination of an Aggregate Material Production Tax effective January 1, 2009; and

WHEREAS, Lake of The Woods County will notify the Commissioner of Revenue of the termination of the tax;

THEREFORE, BE IT RESOLVED, That Lake of the Woods County terminates and removes the previously adopted Aggregate Material Production Tax Ordinance, which imposed a production tax on aggregate materials produced in the County or imported into the County;   

FURTHER, BE IT RESOLVED, That Lake of the Woods County is no longer imposing a production tax on aggregate materials in Lake of the Woods County effective January 1, 2009.

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

Boundary Commission

County Surveyor, Don Rasmussen met with the County Board to discuss the most favorable way to move forward with the Boundary Commission.  Commissioner Hanson will contact the involved property owners.

County TV

Commissioner Arnesen gave an update on the meeting with Roseau County Board of Commissioners relating to County TV.  The consensus of that meeting was to possibly proceed forward with the County TV digital translator equipment. 

Motion was made by Commissioner Arnesen to apply for an equipment upgrade reimbursement program through NTIA and to proceed forward with the County TV digital translator equipment upgrade.  The motion was seconded by Commissioner Hanson and the same being put to a vote carried as follows:  For:  Commissioners:  Arnesen, Patty Beckel,  Hanson and Moorman.  Against:  Commissioner Todd Beckel.

County Sheriff

Boat & Water Grant

Chief Deputy Sheriff, Jim Walton met with the County Board requesting approval of the Annual Boat and Water Safety grant for the period of January 1, 2009 through June 30, 2010.

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

Authorization of

Annual Boat and Water Safety Grant

Resolution 2009-06-03

WHEREAS, under the provisions of M.S.86B.105, the Sheriff of each county is required to carry out the provisions of Chapter 86B, and the boat and water safety rules promulgated by the Commissioner;

WHEREAS, M.S. Section 86b.701 and the MN Rules provided for the allocation of funds by the Commissioner to assist in the funding of the Sheriff’s duties;

NOW, THEREFORE BE IT RESOLVED, that the County Board Chair, County Auditor and County Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of January 1, 2009 through June 30, 2010 in the amount of $4,741.

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

Fire System Inspection

Chief Deputy Sheriff, Jim Walton informed the County Board that the current fire system is not functioning properly and was requesting permission to have a service representative from Simplex to come and inspect our fire system.  It was the consensus of the County Board to move forward with this request.

Old/New Business

The County Board discussed the following old and new business: 

Commissioner Patty Beckel gave an update on the joint meeting with the Roseau County Board of Commissioners.

The joint meeting with the City of Baudette, LOW School and Lake of the Woods County will be held on Tuesday, July 7, 2009 at 7:00 p.m. in the Commissioners’ room of the Lake of the Woods County Government Center.

Commissioner Todd Beckel gave an update on the PILT payment.

There were no new updates on:

  • Capital and General Expenditure Policy, Boundary Commission, Road Inventory, Assessing Agreements, ANI, No Net Loss Policy, Joint Meeting with City of Baudette and Lake of the Woods School, Community Support Program (CSP), Township Road Inventory.

Committee Reports:

The following committee reports were heard and discussed: 

  • Joint Powers Natural Resources – update by Commissioner Todd Beckel and Moorman
  • Nursing Service Advisory Board – update by Commissioner Hanson
  • GIZIIBII – Resource Conservation and Development – update by Commissioner Patty Beckel on grant writing

Correspondence:

Correspondence was acknowledged from: 

  • US Dept – Secretary of the Interior — PILT Payment
  • Citizen Letter – Land & Water Planning Director, Josh Stromlund to send a letter and place on the next regular scheduled board meeting

Recess

With no further business before the County Board, Chair Patty Beckel called the meeting to recess at 2:35 p.m.

Attest:                                                                                                 Approved:      

____________________________                                                    ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair