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COUNTY BOARD

March, 2016

Commissioner Proceedings

March 8, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 8, 2016 at Lake of the Woods County in the Commissioners Room.

Call to Order

Chairman Moorman called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Thomas Hanson, Ed Arnesen, Buck Nordlof, and Ken Moorman.  Also present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor /Treasurer Janet Rudd, County Attorney, James Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the removal of the following from the agenda: Oak Harbor Golf Course Liquor License and removal of motion for court appointed attorney rates and add

re-modeling project.

Approval of Consent Agenda

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the consent agenda as follows: Karlene Stay to Brainerd for SSIS Fiscal New Worker on March 8-10, to St, Cloud for SSIS Mentor Training on May 16-17; Josh Stromlund to St. Paul on March 8-9 for One Watershed One Plan Funding Committee

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of February 23, 2016.

Auditor/Treasurer

Claims

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

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to approve the claims against the county as follows: Revenue $ 63,764.08, Road & Bridge                    $7,943.79, Co. Develop $ 200.00, Solid Waste$18,794.07.

WARRANTS FOR PUBLICATION

Warrants Approved On 3/08/2016 For Payment 3/11/2016

Vendor Name                                                    Amount

Computer Professionals Unlimited Inc                                                                                   3,193.00

Cps Technology Solutions                                                                                                     2,988.70

Cyber Advisors Inc                                                                                                                  2,013.00

Hoffman, Philipp & Knutson, PLLC                                                                                        2,843.00

Howard’s Oil Company                                                                                                           2,968.82

Mar-Kit Landfill                                                                                                                        10,764.00

Mn State Dept-Correction                                                                                                      17,377.27

Pro Action Safety & Sales                                                                                                         6,062.17

R & Q Trucking, Inc                                                                                                                  4,407.65

Titan Energy Systems, Inc                                                                                                       2,637.50

Woody’s Service                                                                                                                       4,190.19

72 Payments less than 2000 31,256.64

Final Total:  90,701.94

Further moved to authorize the payment of the following auditor warrants: February 24, 2106 $13,706.29, March 2, 2016 $166,070.80.    

Court Appointed Attorney Rates

County Attorney, James Austad met with the board and informed them that Judge Dixon filed a Court-Appointed Attorneys’ fee order with the court ordering court-appointed attorneys fees for services provided to clients in Lake of the Woods County be paid $85.00 per hour for services rendered on or after January 1, 2016. County Attorney, James Austad informed the board that the board could contract out for Appointed Attorney services if they chose to.

SOCIAL SERVICES

Social Service Director, Amy Ballard met with the board requesting approval for claims.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the following claims against the county as follows: Commissioners Warrants: $24,602.71 and $18,376.41.

HUMAN RESOURCES

Human Resource Director, Karen Ose met with the board and updated them on the IT position posting and requested a grade change and job classification change for Cassondra Brune from grade 9 to grade 11.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to change job title for Cassandra Brune to Lead Eligibility Worker to grade 11, step 1, $18.96, points 253, effective March 14, 2016.

MIS/GIS/MANAGER AND MAINTENANCE SUPERVISOR

Update

Maintenance Supervisor, Peder Hovland met with the board and informed the board that the Auditor/Treasures, and Recorders vaults have been switched out and the next step is for building private offices for the Auditor/Treasurer and Assessor. They are in the process of getting quotes for materials

and are moving the Recorders office at this time.

PUBLIC WORKS

2016 Construction Projects and MnDOT Agreement for the TH 11 Project

Public Works Director, Tim Erickson met with the board requesting approval for the 2016 road projects and MN DOT Detour Agreement.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve the advertisement for bids for the following 2016 Construction Projects: SAP 039-602-020: Mill & Overlay, SAP 039-603-023: Mill & Overlay, SAP 039-639-003: Mill & Overlay, SP 039-090-004: Timber Mill Shared Use Path, CP 2016-01 Double Chip Seal.

MN DOT Detour Agreement Resolution

Resolution

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

MN Dot Agreement

2016-03-01

IT IS RESOLVED; that Lake of the Woods County enter into MnDOT Agreement No. 1002594 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the County for the use of County State Aid Highway No. 1, No. 26, and No. 35 as a detour route during the contract construction to be performed upon, along and adjacent to Trunk Highway No. 11 from 7.6 miles west of Trunk Highway 172 to the east junction of Trunk Highway 72 under State Project No. 3901-41 (T.H. 11=011).

IT IS FURTHER RESOLVED that the Chairman Moorman and County Auditor/Treasurer, Lorene Hanson and are authorized to execute the Agreement and any amendments to the Agreement.

The resolution was seconded by Commissioner Nordlof and carried unanimously.

RECESS

The meeting was called to recess at 10:23 a.m. and reconvened at 10:26 a.m. as follows:

LAND AND WATER PLANNING

Conditional Use Permit

Land and Water Planning Director, Josh Stromlund met with the board and presented a conditional use permit for   Jamie Negus Date: March 8, 2106 ,Location/Legal Description: The S 180’ of the N 1160’ of the W½ of the NE¼, less deeded in Section 28, Township 162, Range 43 (Wheeler). Parcel # 19.28.12.060 Project Proposal: A Conditional Use Permit as required by Section 401-B of the Lake of the Woods County Zoning Ordinance, to allow the applicant to conduct a commercial business consisting of sleeper fish house rental and storage in a Natural Environment District. Josh informed the board that the Planning Commission approved this permit with conditions. The board reviewed the letters from the public and reviewed the conditions set forth by the Planning Commission. After discussion, the county board added the following conditions: 1) Parking limit of 10 vehicles, 2) No on-site occupation of fish houses, 3) Double row of trees spaced at least 8 feet apart, 4) Responsible for any damage to private driveway, 5) May review permit in on year to consider a visual buffer to the west.

RECESS

The meeting was called to recess at 11:46 p.m.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen to close the regular meeting at 11:46 a.m. and open the closed session pursuant to MN Stat. § 13D.05, Subd. 3(b), Attorney Client Privileges, Wetland Mitigation. The flowing where in attendance: SWCD Board members: Frank Sindelir, Nancy Dunell, Roger Krause, John Sonstegard; County Commissioners Arnesen, Beckel, Moorman, Hanson and Norldof, Land and Water Planning Director, Josh Stromlund, County Auditor/Treasurer, Lorene Hanson and County Attorney, James Austad. Attorney John Kolb via conference call.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to close the closed session and open the regular meeting at 11:30 a.m.

LAND AND WATER PLANNING

Conditional Use Permit

The Board continued the Conditional Use permit discussion for Jamie Negus. After discussion, the county board added to the conditions already set by the Planning Commission the following: 1) Parking limit of 10 vehicles, 2) No on-site occupation of fish houses, 3) Double row of trees spaced at least 8 feet apart, 4) Responsible for any damage to private driveway, 5) May review permit in on year to consider a visual buffer to the west.

Motion was made by Commissioner Beckel to approve the following conditional use permit for Jamie Negus to conduct a commercial business consisting of sleeper fish house rental and storage in a rural Residential (R2) district as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Jamie Negus                                                                  Date:  March 8, 2106

Location/Legal Description:  The S 180’ of the N 1160’ of the W½ of the NE¼, less deeded in Section 28, Township 162, Range 43 (Wheeler). Parcel # 19.28.12.060

Project Proposal:  A Conditional Use Permit as required by Section 401-B of the Lake of the Woods County

                              Zoning Ordinance, to allow the applicant to conduct a commercial business consisting of sleeper fish house rental and storage in a Rural Residential (R2) 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?  Resort, tourist, fish house area.

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

YES (X) NO (  )  N/A (  )

Why or why not?  This request has no effect on the public health, safety, and welfare.

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

Why or why not?  This request has no effect on water pollution.

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

Why or why not?  This request will not affect existing topography, drainage features; however, it will increase the vegetative cover with the planting white spruce trees.

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

Why or why not?  While the site is located in the 100 and 500 year floodplain, it is for storage of fish houses.

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

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

Why or why not?  This request will not increase the erosion potential of the site.

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

Why or why not?  Access from the site will be from 40th Avenue NW and no new roads are proposed.

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

Why or why not?  The request will be compatible by implementation of the conditions below.

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

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

Why or why not?  The request is outside of the shoreland area of Bostic Creek.

10. 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?  The request will not generate liquid waste/sewage on the site.         

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?  The site is not located in the shoreland area of Bostic Creek.

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

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

Why or why not?  While the request has no need for a water supply and sewage treatment system, adjacent properties have installed water supplies and sewage treatment systems.    

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?  The request does not include storage tanks.

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

Why or why not?  See conditions.           

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

Why or why not?  Applicant states minimal or no signage will occur on the site.

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?  Parking on the ice unless inclement weather.

The specific conditions of approval are as follows:

  1. A visual barrier must be established and maintained on three sides (North, South and West) of the storage area with White Spruce not less than five (5) feet high and spaced no further apart than eight (8) feet. These trees are to be planted in a double row and staggered to provide maximum visual screening. Planting of said trees is to be conducted no later than December 31, 2016.
  2. Storage area is to be located on the Easterly four-hundred (400) feet of the described property.
  3. Storage area is for said fish house business only.
  4. No more than ten (10) rental fish houses on the property.
  5. No more than ten (10) client vehicles are to be parked on said property.
  6. Damage caused by business activities, and/or general maintenance to the private road, shall be the responsibility of the landowner.
  7. No occupation is allowed of said fish houses.
  8. Off-season storage of business related equipment must be stored out of sight, either inside a structure or within the fish house storage area.
  9. The Lake of the Woods County Board of Commissioner’s may review the conditions placed upon approval within one (1) year of the date of approval and may require the establishment and maintenance of a visual buffer, similar to above, be placed parallel to the westerly boundary of the described property to further enhance the visual screening.

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 motion was seconded by Commissioner Arnesen and the vote carried as follows: Voting for: Beckel, Arnesen, Moorman and Nordlof. Voting against: Hanson. Vote carried.

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

                                                                                    _____________________________________

                                                                                                            Kenneth Moorman

                                                                                                        Chair, County Board

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

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 12:20 p.m.

Attest:                                                                                     Approved: March 22, 2016

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Ken Moorman

County Auditor/Treasurer  

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

Commissioner Proceedings

March 22, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 22, 2016 at Lake of the Woods County in the Commissioners Room.

Call to Order

Chairman Moorman called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Thomas Hanson, Ed Arnesen, Buck Nordlof, and Ken Moorman. Absent: Patty Beckel.  Also present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor /Treasurer Janet Rudd, County Attorney, James Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following additions: Remove Oak Harbor Golf Course Liquor License and add Letter of Resignation, Drainage,  Department of Human Services Letter, Gun Range Road, MN Court Data Service, Zoning Ordinance Amendment, MIS updates.  

Approval of Consent Agenda

None

Approval of Minutes

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of March 8, 2016.

Great Northern Transmission Line

James Atkinson and Matt Hagelin from MN Powers met with the board and informed them that the biological surveys, drilling and Right of Way Entry for the proposed route which will begin in April with construction starting January 2017.

SOCIAL SERVICES

Social Service Financial Officer, Christine Hultman met with the board requesting approval for claims.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the following claims against the county as follows: Commissioners Warrants: $14,024.22 and $8,267.81.

DHS Financial Reporting

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to recognize Social Services staff for a perfect performance in meeting the DHS Human Service financial reporting requirement for the year 2015.

COUNTY ATTORNEY

County Attorney, James Austad met with the board requesting authorization to subscribe to Minnesota Court Data Services program.

Resolution

The following resolution was offered by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the following Resolution:

MN Court Data Services

16-03-02

WHEREAS, the Lake of the Woods County desires to improve efficiencies through participating in a more efficient court process with the Minnesota Judicial Branch; and,

WHEREAS, as the Minnesota Judicial Branch moves towards a more efficient court process, the eCourtMN initiative is committed to ensuring that non-court governmental agencies have appropriate access to court records and documents; and

WHEREAS, the Lake of the Woods County desires to subscribed to Minnesota Court Data Services Program;

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners approves and authorizes James Austad, County Attorney to sign the Master Subscriber Agreement for Minnesota Court Data Service for Governmental Agencies.

MIS DEPARTMENT

MIS Director, Peder Hovland met with the board and updated them on the Tyco Annual Inspection (sprinkler system) and informed the board that they need to add one to the new office for Child Support office in the amount of $1,990; Centurylink will be hooking up IP phone with funding from the 911 account; ordering Human Resource Office a new computer in the amount of $1,200 and that will be added to the rotation list for upgrades.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the claims against the county as follows except for claim number 2213 and to amend that amount to pay $19.99 : Revenue $ 22,726.89, Road & Bridge $15,926.26, Co. Develop $ 2,000.00, Solid Waste$4,694.76, EDA $2,964.95.

WARRANTS FOR PUBLICATION

Warrants Approved On 3/22/2016 For Payment 3/25/2016

Vendor Name                                                    Amount

Cenex Co-Op Services, Inc.                                                   2,825.41

Compass Minerals America                                                    2,526.98

Dell Marketing, Lp                                                                    3,073.26

LOW School District—390                                                       2,625.00

Neopost Great Plains                                                               2,985.80

Northwest Community Action, Inc                                           2,307.50

Powerplan                                                                                 7,157.68

Short Elliott Hendrickson, Inc                                                4,386.99

St. Louis County Auditor                                                          2,000.00

Sun Monitoring                                                                         4,316.50

49  Payments less than  2000 14,352.24

Final Total: 48,557.36

Further moved to authorize the payment of the following auditor warrants: March 8, $58,422.65, March 14, $139,744.82, March 16, $17,579.13.    

CHS Meeting

County Auditor/Treasurer, Lorene Hanson met with the board informing them that CHS would like to meet with the county board to discuss the CHS program. The board requested that a meeting be held at 1:00 p.m. after regular board meeting.

MID- STATE COMPUTER BY-LAWS

County Auditor/Treasurer, Lorene Hanson met with the board informing them The Mid-State Computer Cooperative is requesting dues payment of $100, which are not collected yearly, just when needed and also to acknowledge the By-laws of the Cooperative.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve payment of dues of $100 and to acknowledge the Mid -State Computer By-laws and authorize County Auditor/Treasurer, Lorene Hanson and Chairman Moorman to sign.

SHERIFF/EMERGENCY MANAGEMENT

County Sheriff, Gary Fish met with the board and requested that the 2015 Stone Garden Contract and purchase of Squad Vehicle be removed from the agenda for they have not received the contract as of today.

Warning Sirens

County Sheriff, Gary Fish met with the board and presented three quotes for replacement of the two sirens that the county has, City of Baudette and City of Williams and adding one more in the Wheelers Township. 911 funding cannot be used for replacement or additions of warning sirens. The board discussed emergency shelters and plans needed for the Wheelers Point area before adding a siren. The board requested that when the plan is in place to bring back to the board for approval for the warning siren in Wheelers Point area.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to approve the replacement warning sirens for the City of Baudette and City of Williams in the amount $37,574.25 from the unallocated account.

RECESS

The meeting was called to recess at 10:34 a.m. and reconvened at 10:38 a.m. as follows:

COUNTY ASSESSOR

County Assessor, Mary Jo Otten met with the board and informed the board that she would like Assessment Specialist/Office Manger to attend the ALP Procedures Courses and that there is money for that in her budget. The board concurred with her request for training.

PUBLIC WORKS

Seasonal Help

Public Works Director, Tim Erickson met with the board requesting approval to hire five (5) Seasonal Help position.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the advertising, interviewing and hiring for five (5) Seasonal help.

Senior Inspector II

Public Works Director Tim Erickson met with the board and informed the Board that Senior Inspector II, Dan Crompton is retiring as of March 31, 2016.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to authorize Public Works Director, Tim Erickson and Human Resource Director, Karen Ose to advertise, interview and hire Senior Inspector II at grade 12, Step 1, $20.05 per hour, points 274.

Mowers

Public Works Director, Tim Erickson met with the board requesting authorization to purchase new mowers in the amount of $27,300 from Titan Machinery as budgeted.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the purchase of new mowers in the amount of $27,300 from Titan Machinery.

Gun Club Road/Drainage Issues

The board discussed the Gun Club Road and asked the Public Works Department to see if they could grade it; discussed Drainage Issues, and re-assessment on Ditch 28. The board wants to hold a Public Hearing and move forward with this project; Highway 11 Construction Project, meeting is to be held on April 4, 2016.

Correspondence

The board acknowledges the following: Red River Valley Invitation and State Auditor Review.

LAND AND WATER PLANNING

Land & Water Planning Director, Josh Stromlund met with the board to discuss an issue regarding the Kelly Creek plat. The issue is the driveway that services the properties, is not in the location where it is depicted on the plat of Kelly Creek. Options to resolve this issue include the possibility of vacating the depicted road or undertake a boundary commission plat.   

Zoning Ordinance Changes- Fish House Ordinance Discussion

Land and Water Planning Director, Josh Stromlund met with the board to discuss the change in Zoning Ordinance to possible enact a moratorium on the issuance of Conditional Use Permits for Non-Conforming Fish House Rental businesses and Commercial Fish House Storage.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof to close the regular meeting at 11:40 a.m. and open the Public Hearing for Schrandt Cartway.

Present were: Commissioners Arnesen, Moorman, Hanson and Nordlof. County Auditor/Treasurer, Lorene Hanson, Deputy Auditor/Treasurer Janet Rudd, County Attorney, James Austad, Land and Water Planning Director, Josh Stromlund, Public Works Director, Tim Erickson, Attorney Nora Crumpton, Attorney Alan Fish, Gary Pulkrabek, Paul Pedersen, Mary Schrandt, David Schrandt and Woody Fiala.

Chairman Moorman informed the public that no agreement regarding damages and waiver of irregularities and appeal or release of damages were received from the adjoining landowners. County Commissioners reviewed the appraisal that Attorney Crumpton presented. Estimated of damages for Gary Pulkrabek totaling $975 and Paul Pederson totaling $975. County Commissioners offered $1,500 for damages on both parcels of land. Attorney Fish argued that the damages should be $5,000, with both Paul Pederson and Gary Pulkrabek agreeing and Paul and Gary objecting the $1,500 offer.

Award Of Damages

The following resolution was offered by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to approve the following Award of Damages for Schrandt Cartway:

AWARD OF DAMAGES

STATE OF MINNESOTA

COUNTY OF LAKE OF THE WOODS

TOWNSHIP OF POTAMO

RESOLUTION NO. 16-03-03

WHEREAS, the Lake of the Woods County Board of Commissioners, Baudette, MN did on the 8th day of September, 2015,  established the road described on the attached order pursuant to Minn. Stat.§ 164.07;

WHEREAS, the establishment affects a tract of land in Lake of the Woods County, Minnesota, owned by Gary G. Pulkrabek and Paul Pedersen, and more particularly described as follows: Government Lot Two (2), Southwest Quarter of the Northeast Quarter (SW1/4NE1/4), and the West half of the Southeast Quarter (W1/2SE1/4), Section Two (2); Township one hundred sixty (160) North, Range Thirty-Three west of the Fifth Principal Meridian; and the South Half Northwest Quarter (S2NW4) and Government Lots 3 & 4, Section 2, Township 160 North, Range 33 West.

WHEREAS, no prior written agreement ascertaining the damages or releasing all claims to damages were obtained from the owners;

WHEREAS, the Lake of the Woods County Board has determined the amount of damages sustained by the owners by reason of the establishment and have subtracted from that amount the money value of the benefits the board has determined will be conferred by said establishment.

YOU ARE HEREBY NOTIFIED, that in the matter of the establishment of the above described road the Lake of the Woods County Board on the 22nd day of March, 2016 has awarded Gary G. Pulkrabek and Paul Pedersen, as the owners of the above described tract of land, damages in the amount of $1,500. A check will be mailed to each of you after the 40 days appeal time frame.

NOTICE OF RIGHT TO APPEAL

PLEASE TAKE NOTICE that you have an opportunity under Minn. Stat. § 164.07 to appeal this award of damages. To appeal the award, notice of appeal must be filed with the court administrator of the district court of Lake of the Woods County, within 40 days of March 22, 2016. Filing a notice of appeal will not prevent Lake of the Woods County from carrying out the action set out above unless the appeal challenges the public purpose or necessity of a road alteration or establishment and is filed within ten days. The notice of appeal must specify; (1) the award of damages or failure to award damages being appealed from; (2) the land to which the appeal relates; (3) the nature and amount of the damages you are claiming; and (4) the grounds of the appeal. The notice of appeal must also be accompanied by a bond of at least $250, with sufficient surety approved by the judge or the County Auditor/Treasurer conditioned to pay all cost arising from the appeal in case the award is sustained. A copy of the notice of appeal must be mailed by registered or certified mail to the Lake of the Woods County Auditor/Treasurer.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to close the Public Hearing at 11:20 a.m. and open the regular meeting.

RECESS

The meeting was called to recess at 12:21 p.m. and reconvened at 1:10 p.m. with Commissioenr Hanson absent.

Zoning Ordinance Changes- Fish House Ordinance Discussion

Chairman Moorman continued with the discussion of moratorium on the issuance of Conditional Use Permits for nonconforming Fish House Rental Businesses and Commercial Fish House Storage. The moratorium may, by state law, last up to one year and be reenacted for a second year if the board chooses. This will allow the Commissioners, Land and Water Planning Office and County Attorney time to coordinate the writing of comprehensive changes to the County Zoning Ordinance.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to declare a moratorium on the issuance of Conditional Use Permits for Non-Conforming Fish House Rental Businesses, Commercial Fish House Storage, Expansion or Transfer of, effective March 22, 2016, any Conditional Use Permits already on file in the office of Land and Water Planning Office will be processed through the Planning Commission.

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 2:10 p.m.

Attest:                                                                                     Approved: April 12, 2016

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Ken MoormanCounty Auditor/Treasurer