MINUTES & AGENDAS
March 14, 2023
March 14, 2023
The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, March 14, 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: Cody Hasbargen, Buck Nordlof, Jon Waibel, Ed Arnesen and Joe Grund. Also present was Auditor-Treasurer Lorene Hanson.
APPROVAL OF AGENDA
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Credit Card Increase, and Indus School Support.
APPROVAL OF MINUTES
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official minutes of February 28, 2023.
SOCIAL SERVICES
Social Services Director Amy Ballard gave a summary of the claims and informed the board that the social worker they intended to hire did not accept the position and this position will be advertised again.
Claims
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $15,494.11; Commissioners Warrants $4,926.68; Commissioners Warrants $15,984.26.
Northwest Community Action-Vehicle Repair Program
NWCA Family Services Director Sharon Millner discussed the vehicle repair program and how it benefits families in our area by assisting with payments for vehicle repair services. They are requesting the board to contribute up to $15,000 to the program that would be used for families in Lake of the Woods County.
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request for funding with $10,000 paid for by Social Services and $5,000 from the American Rescue Plan funds for a total of $15,000 to support the vehicle repair program in Lake of the Woods County.
Auditor/Treasurer
Claims
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $63,534.10; Road & Bridge $58,087.07; County Development $200.00; Solid Waste $40,108.90; EDA $1,120.01.
WARRANTS FOR PUBLICATION
Warrants Approved On 3/14/2023 For Payment 3/17/2023
Vendor Name Amount
Auto Value Baudette 6,584.88
Cenex Co-Op Services, Inc. 11,391.28
Counties Providing Technology 4,204.00
Deputy Registrar No.75 2,147.02
Esri 28,400.00
Ferrellgas 4,504.76
Howard’s Oil Company 3,842.07
Integris LLC 2,560.31
Interstate Billing Service Inc 3,623.29
Lake of the Woods Electric LLC 3,784.08
LOW Highway Dept 5,917.50
Mar-Kit Landfill 12,549.50
Midway Ford Company 32,261.88
Pennington County Sheriff Office 5,155.11
Quadient Finance USA Inc. 4,000.00
R & Q Trucking, Inc 4,277.00
53 Payments less than 2000 27,847.40
Final Total: 163,050.08
Further moved to authorize the payment of the following auditor warrants: March 1, 2023 for $53,724.73; March 6, 2023 for $643,650.77; March 7, 2023 for $437,709.54; March 8, 2023 for $184,112.57.
Set Work Session
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to set a work session for April 25, 2023 following the regular board meeting to discuss ARPA funds.
Advertise Bid Reminder
County Auditor/Treasurer Lorene Hanson informed the board that the advertisement to bid for parcel #18.2342.000, approximately 13 acres of tillable land, is ready for publication.
Opioid Resolution
Resolution
The following resolution was offered by Commissioner Buck Nordlof and moved for adoption:
Resolution Authorizing Lake of the Woods County Staff to Execute All Necessary Documents to Ensure Lake of the Woods County’s Participation in the Multistate Settlements Relating to Opioid Supply Chain Participants, and in the Minnesota Opioids State-Subdivision Memorandum of Agreement.
Resolution 23-03-01
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties are engaged in nationwide civil litigation against opioid supply chain participants related to the opioid crisis; and
WHEREAS, the Minnesota Attorney General has signed on to multistate settlement agreements with several opioid supply chain participants, but those settlement agreements are still subject to sign-on by local governments and final agreement by the companies and approval by the courts; and
WHEREAS, there is a deadline of April, 18 2023, for a sufficient threshold of Minnesota cities and counties to sign on to the above-referenced multistate settlement agreements, and failure to timely sign on may diminish the amount of funds received by not only that city or county but by all Minnesota cities and counties from the settlement funds; and
WHEREAS, representatives of Minnesota’s local governments, the Office of the Attorney General, and the State of Minnesota have reached agreement on the intrastate allocation of these settlement funds between the State, and the counties and cities, as well as the permissible uses of these funds, which will be memorialized in the Minnesota Opioids State-Subdivision Memorandum of Agreement, as amended (the “State-Subdivision Agreement”); and
WHEREAS, the State-Subdivision Agreement creates an opportunity for local governments and the State to work collaboratively on a unified vision to deliver a robust abatement and remediation plan to address the opioid crisis in Minnesota;
NOW, THEREFORE, BE IT RESOLVED, Lake of the Woods County supports and agrees to the State-Subdivision Agreement; and
BE IT FURTHER RESOLVED, Lake of the Woods County supports and opts in to all future multistate settlement agreements with opioid supply chain participants; and
BE IT FURTHER RESOLVED, Lake of the Woods County authorizes County staff to execute all necessary documents to ensure Lake of the Woods County participation in the multistate settlement agreements, including the Participation Agreement and accompanying Release, and in the State-Subdivision Agreement.
The resolution was seconded by Commissioner Jon Waibel the same being put to a vote, was unanimously carried.
Set Work Session
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for April 25, 2023 following the regular board meeting to discuss the Opioid funding.
Indus School Support
Amy Hasbargen-Hanson and Christine Hultman came to the board seeking a resolution of support to appeal the closure of Indus School. Amy Hasbargen-Hanson informed the board of the issues surrounding the decision to close the school and the impact it will have on our communities. The board took no action at this time and will revisit the issue at a later date.
Land & Water
Consideration of Conditional Use Permit #23-02CU by GWE, LLC, on behalf of Thomas Finders
The East ½ East ½ NW ¼ NE ¼ , Section Twenty-Seven (27), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID# 19.27.12.010. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow commercial activity consisting of up to six (6) multi-unit storage buildings in a non-shoreland Rural Residential Zoning District (R2).
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 by GWE, LLC, on behalf of Thomas Finders as required by Section 401. C of the Lake of the Woods County Zoning Ordinance to allow commercial activity consisting of up to six (6) multi-unit storage buildings in a non-shoreland Rural Residential Zoning District (R2) with the following conditions:
- A wetland delineation is required.
- Driveway and roads to be approved by the Lake of the Woods County Public Works Department for safety vehicle access.
- The Conditional Use Permit is for applicant’s project only, as applied for and terminates in five (5) years if applicant has not constructed at least one (1) unit from date of approval.
- No habitation is allowed.
- If applicable, a stormwater permit will be required.
- No overnight parking or use of the units is allowed.
- No outside storage is allowed.
Lake of the Woods County Board of Commissioners
Findings of Fact and Decision
Name of Applicant: GWE, LLC Date: March 14, 2023
Location/Legal Description: The East½East½NW¼NE¼, Section Twenty-seven (27), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.27.12.010
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 allow commercial activity consisting of up to six (6) multi-unit storage buildings in a non-shoreland Rural Residential Zoning District (R2).
1) Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( )
Why or why not? Commercial development.
2) Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES ( ) NO ( ) N/A (X)
Why or why not?____________________________________________________________________
- 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? See application.
- 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? Topography and drainage won’t be affected.
- 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?____________________________________________________________________
- 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?____________________________________________________________________
- Is the site in harmony with existing and proposed access roads? YES (X) NO ( ) N/A ( )
Why or why not? County Road 8.
- Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Why or why not? Other commercial facilities.
9) Does the project proposal have a reasonable need to be in a shoreland location?
YES ( ) NO ( ) N/A (X)
Why or why not?____________________________________________________________________
- 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? See as planned in application.
- 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?____________________________________________________________________
- Is the site adequate for water supply and on-site sewage treatment systems? YES (X) NO ( ) N/A ( )
Why or why not? Existing well and sewage system in application.
- 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?____________________________________________________________________
- 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?____________________________________________________________________
- 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? Existing vegetation.
- 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? See application.
- 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? No overnight parking allowed.
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:
- A wetland delineation is required.
- Driveway and roads to be approved by the Lake of the Woods County Public Works Department for safety vehicle access.
- The Conditional Use Permit is for applicant’s project only, as applied for and terminates in five (5) years if applicant has not constructed at least one (1) unit from date of approval.
- No habitation is allowed.
- If applicable, a stormwater permit will be required.
- No overnight parking or use of the units is allowed.
- No outside storage is allowed.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
March 14, 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 #23-03CU by Grant and Savanna Slick
A tract of land located in Government Lot Two (2), Section Twenty-eight (28), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West- Parcel ID# 24.28.22.020. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) Zoning District. Rainy River is an agricultural river segment.
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Conditional Use Permit/Findings of Fact by Grant and Savanna Slick as required by Section 401.B of the Lake of the Woods Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) Zoning District with the following conditions:
- The Conditional Use Permit terminates upon sale or transfer of property.
- The existing sewer system must be upgraded by July 8, 2024.
- The conditional approval is contingent upon applicant meeting all other requirements as outlined in the submitted application, such as quiet hours, maximum occupancy, etc.
- Must meet Minnesota Department of Health requirements.
Lake of the Woods County Board of Commissioners
Findings of Fact and Decision
Name of Applicant: Grant and Savanna Slick Date: March 14, 2023
Location/Legal Description: A tract of land located in Government Lot Two (2), Section Twenty-eight 28), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID# 24.28.22.020.
Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) Zoning District. Rainy River is an agricultural river segment.
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 development corridor.
2) Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES ( ) NO ( ) N/A (X)
Why or why not? _______________________________________________________________________
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? State highway 172 NW and shared driveway.
8. Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Why or why not? Residential neighborhood.
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? Design plan applied for.
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? On site well and sewage system to be upgraded.
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? ___________________________________________________________________________
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? Adequate on-site parking.
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 Conditional Use Permit terminates upon sale or transfer of property.
- The existing sewer system must be upgraded by July 8, 2024.
- The conditional approval is contingent upon applicant meeting all other requirements as outlined in the submitted application, such as quiet hours, maximum occupancy, etc.
- Must meet Minnesota Department of Health requirements.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
March 14, 2023 _____________________________________
Date Ed Arnesen
Chair, County Board
This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.
Recognition of Mike Hirst
Land & Water Director Josh Stromlund informed the board that Resource Conservationist and SWCD member Mike Hirst was the 2023 Larry Kallemeyn Award recipient. This award is voted on by peers and given to an individual that shows significant contributions to research or resource management and outstanding professional achievement in scientific research or resource management.
Rainy River 1W1P MOA & Bylaws
Land & Water Director Josh Stromlund gave the board information on the Rainy River Watershed Plan, Memorandum of Agreement and bylaws for their review. This information will be discussed in the upcoming public hearing on April 11, 2023.
Add to Agenda
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to add the Keep it Clean Campaign to the agenda.
Keep It Clean Campaign
Land & Water Director Josh Stromlund discussed the Keep it Clean Campaign to keep trash and waste off of the lake and shoreline. Mr. Stromlund informed the board that the SWCD will be writing a letter of support for the campaign and asked the board if they would like to do the same.
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to write a letter of support for the Keep it Clean Campaign.
MIS
Approval to move to Microsoft 365
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of Microsoft 365 using American Rescue Plan funds up to $29,634.00.
BCA Requirements
MIS Director Peder Hovland and Systems Administrator John Butenhoff informed the board that Lake of the Woods County is not in compliance with the BCA policy regarding the need to monitor logs weekly.
Sheriff
Credit Card Increase- Jill Hasbargen-Olson
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to raise the credit card limit for Jill Hasbargen-Olson from the standard amount of $1,500.00 to $5,000.
Recess
With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 11:26 a.m.
Attest: March 28, 2023
______________________________ _________________________________
County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen