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COUNTY BOARD

May, 2011

Commissioner Proceedings

May 10, 2011

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 10, 2011, in the Commissioners’ Room at the Government Center.

Work Session

County Attorney, Philip Miller met with the board at 8:00 a.m. and County Sheriff Dallas Block and Chief Deputy Sheriff Terry Bandemer met with the County Board at 8:15 a.m. for  work sessions.

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, Todd Beckel, Tom Hanson, Arnesen and Ken Moorman.  Also present were: County Auditor John W Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following changes: add County Attorney and ATV grant; and remove Emergency Management from agenda. The motion was seconded by Arnesen and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Todd Beckel to approve the consent agenda for travel as follows:   Joy Lindquist to Alexandria on June 6-9 for MCCC Conference; Christine Hultman to Brainerd on June 22-24 for AMSSA Conference; Dale Boretski to St. Cloud, MN on May 24-26 for MAAO Summer Sessions; Lorene Hanson to St Paul on May 11-13 for MCIT Public Sector Training; Tim Erickson to Park Rapids on May 18-19 for District II and District IV meeting; Steve Sindelir to Alexandria on August 4-5 for Continuing Education for Septic System Licensure (This is a switch from the Forest Lake session).  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Hanson to approve the minutes of April 26, 2011, regular meeting, with changes. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Social Services Director

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           $ 13,587.30

                                                Commissioners’ Warrants           $ 20,324.40

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

Child Support Officers

Social Services Director, Nancy Wendler met with the County Board informing them that they hired Craig Severs for the vacant Child Support Officers position and informed the board that they are working on a contract for an interim Child Support Officer for support for the newly hired officer.

Policy

Social Service Director, Nancy Wendler presented a updated Applicant/Client Complaints or Grievances Policy to the board for their review.

County Auditor

County Auditor, John W. Hoscheid thanked Social Service Director, Nancy Wendler for allowing Social Services Financial Officer, Christine Hultman to be trained for payroll backup.

Claims

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

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

                                                Revenue                       $ 47,309.29   

                                                Road & Bridge             $ 15,056.09

                                                County Development   $      200.00

                                                Solid Waste                  $ 20,317.84

                                                                                     $ 82,883.22               

 WARRANTS FOR PUBLICATION

Warrants Approved On 5/10/2011 For Payment 5/13/2011

             Vendor Name                                        Amount

Andy’s Garage, Inc.                                     2,978.38

Auto Value Baudette                                     3,595.85

Cenex Co-Op Services, Inc.                       3,732.31

HASLER                                                         9,662.57

Johnson Auto & Machine                          14,014.46

Lakes Gas Co.                                              2,071.10

Low County Treasurer                                 4,265.57

Low Highway Dept                                       2,688.75

Mar-Kit Landfill                                           10,287.00

Vanguard Appraisals, Inc                            7,475.00

Woody’s Service                                          2,960.58

71 Payments less than 2000 $19,151.65

Final Total: $82,883.22

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

                                                April 27, 2011          $         898.34

                                                April 27, 2011          $    20,486.83

                                                April 29, 2011          $      2,059.50

                                                May 4,    2011          $  142,428.42    

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

Tower Inspections

County Auditor, John W. Hoscheid met with the board and updated them per their request on structure tower inspection. John informed them that they are done only when something is added to the tower. The board requested that he contact Lee Hervey to schedule a meeting with the board.

Probationary Period

County Auditor, John W. Hoscheid met with the board and informed the board that Public Works Director, Tim Erickson probationary period is done and requested direction from the board for payroll.

Motion

Motion was made by Commissioner Todd Beckel to approve a one (1) step merit adjustment for completion of a satisfactory probation period for Public Works Director, Tim Erickson effective May 15, 2011. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

MINNESTOA EXTENSION

Nutrition Education Program

Sunny Dorow, Community Nutrition Educator met with the board and gave an update on the Nutrition program.

SHERIFF

County Sheriff, Dallas Block and Chief Deputy Sheriff, Terry Bandemer met with the board requesting approval for the 2008 Stonegarden Grant Extension and the 2008 Homeland Security Grant Extension.

Motion

Motion was made by Commissioner Hanson to authorize County Sheriff, Dallas Block and Chairman Moorman to sign the 2008 Stonegarden Grant Extension in the amount of $35,355.22 expiring August 31, 2011.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Patty Beckel to authorize County Sheriff, Dallas Block and Chairman Moorman to sign the 2008 Homeland Security Grant in the amount of $15,000 expiring August 31, 2011. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

ATV GRANT

The board discussed the ATV grants funding and expiration date of June 30, 2011.

SIXTH GRADE TRIP

Chairman Moorman informed the board that he would be absent from the May 23rd EDA meeting and the May 24th board meeting as he is going to Chaperone the Sixth Graders to the Capital on those days.

OLD/New Business

Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund- no update;

Land Acquisition – none;

Red Lake Tribe – process is moving along;

Township Road Inventory/ATV Ordinance – none;

Line Workers School – next meeting is on May 12 at 7:00 a.m.;

Veterans Service Policy – next agenda;

Inventory – none;

Beaver – Highway Department looking for direction;

Clementson Bridge Property – none;

CAMA-   June 14 & 15 training;

Goals and Objectives – Department Heads are working on;

Public works department

Public Works Director, Tim Erickson met with the board and informed them that the claim they questioned earlier in the day was to paint all Five (5) of their truck boxes. Tim updated the board on the following:

  • Road Tour- May 17, 2011
  • Household Hazard Waste- Landfill take every day, no need for a special day
  • MCIT- will to a mock OSHA inspection at the end of the month
  • MN DOT- lifting road restriction, but not the county
  • Beaver Control Policy

RECESS

The meeting was called to recess at 11:30 a.m. and reconvened at 1:00 p.m.

PLANNING COMMISSION

Motion

Motion was made by Commissioner Patty Beckel to close the regular meeting at 1:02 p.m. and open the planning commission. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

John Alexander Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented the Conditional Use Permit Application to allow a commercial business consisting of a Boat and RV equipment repair shop in a Natural Environment District.  The Planning Commission reviewed the application and had several questions and concerns on the project. Chairman Moorman opened the floor for comments.  No comments were heard.  Land and Water Director, Josh Stromlund read a letter from Thomas Haggenmiller of his opposition to the project. Josh informed the board that they could table this to the next meeting for further information or deny the request and start over again. Mr. Alexander stated that he would bring the requested information to the next board meeting.

Keith Pieper Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented the Conditional Use Permit Application to allow a commercial business consisting of a gunsmith work with firearm resale and trade in a Natural Environment District. The Planning Commission reviewed the application. Chairman Moorman opened the floor for comments. No comments were heard and no correspondence was received.

Motion

Motion was made by Commissioner Hanson to close the planning commission at 2:20 p.m. and open the regular meeting. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

LAND AND WATER PLANNING

Meeting Updates

Land and Water Planning Director, Josh Stromlund met with the board and informed them that the NRCS Watershed Meeting will meet on May 12, 2011 at the Government Center, in the Commissioners’ Room at 5:00 p.m. and the Lake of the Woods Control Board will meet possibly on June 14 in Warroad and the Lake of the Woods Agency meeting possibly on June 15 in Baudette.

BWSR Septic Grant

Land and Water Planning Director, Josh Stromlund met with the board and informed them that the county received a Septic Grant to update 15 septic. He informed them that he is working out a ten (10) year maintenance plan for septic upkeep.

Office Fee Schedule

Land and Water Planning Director, Josh Stromlund met with the board and discussed the Administrative Subdivisions and Dwelling fees with the board. No action was taken.

Committee Reports:

The following committee reports were heard and discussed: 

  • Commissioner Patty Beckel reported on:
    • Joint Powers Economic Development
  • Commissioner Moorman reported on:
    • North Country Board of Health
    • Williams City Council Meeting

Correspondence:

The following correspondence was read and acknowledged:  Board of Appeal and Equalization training; MN Pollution Control Score Block Grant.

Recess

With no further business before the board, Chairman Ken Moorman recessed the meeting at 3:24 p.m.

Attest:                                                                                                 Approved: May 24, 2011

____________________________                                                    ____________________________

John W Hoscheid,                                                                               Ken Moorman,

County Auditor                                                                                  Chairman of the Board

Commissioner Proceedings

May 24, 2011

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 24, 2011, in the Commissioners’ Room at the Government Center.

Work Session

The work session was cancelled due to emergency circumstances which involved the County Sheriff’s Office.

Call to Order

Vice- Chairman Todd Beckel 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, Todd Beckel, Tom Hanson, and Arnesen. Commissioner Ken Moorman was excused from the meeting for other obligations.  Also present were: County Auditor John W Hoscheid, Deputy Auditor Janet Rudd and Penny Mio Hirst.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: add Interview dates for County Assessor; Letter of support for Keystone XL pipeline; Consent travel for Dan Crompton and Lee Hancock. The motion was seconded by Arnesen and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Hanson to approve the consent agenda for travel as follows:  Travel for Brent Birkeland on June 6-8 to Alexandria for MCCC Annual Conference; Travel for Julie Berggren and Terry Bandemer on May 16-18 to Duluth for Administrative Assistant Training; Peggy Mosher, Ruth Rizzi and Cherie Anderson on May 10-11 to Elk River for Inmate Supervision Training; Lorene Hanson on June 8-9 to St. Cloud for MCIT Training; Josh Stromlund on May 31-June 1 to St. Paul for Land Use Variance Standards; Dan Crompton and Lee Hancock on May 24-25 to Sauk Rapids for pick up of concrete box culvert.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Patty Beckel approve the minutes of May 10, 2011, regular meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Social Services Director

Child Support Officers

Social Services Director, Nancy Wendler met with the County Board and introduced Craig Severs, Child Support officer to the board. The board introduced themselves and welcomed him to the county.

Claims

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

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

                                                Commissioners’ Warrants           $ 11,774.15

                                                Commissioners’ Warrants           $ 26,010.83

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

Technology Contract Approval

Social Services Director, Nancy Wendler met with the County Board requesting approval for a contract with Department of Human Services for technology upgrades for DHS Disability Services.

Motion

Motion was made by Commissioner Patty Beckel to approve the contract between DHS Disability Services Division and Lake of the Woods County Social Services for 2011, for the provision of technology upgrades, and to authorize Vice-Chairman Todd Beckel to sign.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Child Support Consulting Contract

Social Services Director, Nancy Wendler met with the board requesting approval for purchase of service agreement with Rita Krause to provide assistance and consultation with the duties of the Child Support Officer.

Motion

Motion was made by Commissioner Hanson to approve the six (6) month contract for child support consultation services between Rita Krause and Lake of the Woods County Social Services, and to authorize Vice-Chairman Todd Beckel, and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. 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 for approval of claims.

Motion was made by Commissioner Arnesen to approve the claims against the county as follows:

                                                Revenue                       $ 98,273.80   

                                                Road & Bridge             $ 15,263.11

                                                County Development   $   1,000.00

                                                Solid Waste                  $   1,317.50

                                                                                     $115,854.41              

             WARRANTS FOR PUBLICATION

Warrants Approved On 5/24/2011 For Payment 5/27/2011

            Vendor Name                                             Amount      

Cenex Co-Op Services, Inc.                                    2,613.39

Dlt Solutions, Inc                                                      4,762.58

M-R Sign Co, Inc                                                      4,689.68

Norling Construction, Inc/Adam                           66,325.87

Sjoberg’s Inc                                                           16,094.00

60 Payments less than 2000 $21,368.89

Final Total: $115854.41

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

                                                May 20, 2011           $    27,637.57     

                                                May 23, 2011           $    20,142.78

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

Government Revenue Management (GRM)

County Auditor, John W. Hoscheid met with the board and requested approval for a GRM consulting services.

Motion

Motion was made by Commissioner Hanson to authorize County Auditor, John W. Hoscheid to sign the consulting service agreement with Ron Michaels Consulting effective May 15, 2011 thru December 1, 2011 for GRM Consulting services.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Public Sector Training

Chief Deputy Auditor, Lorene Hanson met with the board and updated them on the Minnesota Counties Intergovernmental Trust training sessions she attended. Highlights of the training session were: Human Resources; Compensation Plans/Pay Equity, and Health Reform Act.

Affidavit of Lost Warrant

County Auditor, John W. Hoscheid met with the board and requested approval for a lost warrant for David P. Arens.

Motion

Motion was made by Commissioner Hanson to approve the application and affidavit for lost warrant for David P. Arens dated November 5, 2010 for $23.22 without furnishing indemnifying bond.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

SHERIFF

County Sheriff, Dallas Block’s appointment with the board was cancelled due to emergency circumstances which involved the County Sheriff’s Office.

Human Resources

Human Resource Director, Wade Johannesen met with the board and requested that the Commissioners set a date for interviewing of County Assessor. The board set June 17, 2011 at 9:00 a.m. to hold a special session for interviews.

RECESS

The meeting was called to recess at 9:55 a.m. and reconvened at 10:04 a.m.

Veterans Service Policy

Commissioner Hanson presented the Veterans Service Policy to the board for their approval.

Motion

Motion was made by Commissioner Arnesen to approve the Veterans Service Policy with changes.  The Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Letter of Support- Keystone XL Pipeline

Commissioner Arnesen presented a letter for support for the Keystone XL pipeline. The U.S. State Department is seeking comments on the project as part of the public comment period until June 6, 2011.

Motion

Motion was made by Commissioner Arnesen to authorize Chairman Moorman to sign the letter of support on the Keystone XL project.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Chamber of Commerce

Chamber of Commerce, President, Mike Hovde and Treasurer, Karoline Ketchum met with the board requesting consideration to increase the Counties contribution from $2,500 to $5,000 for the fourth of July Celebration that the chamber hosts.  They informed the board that due to the economy, other donations are down and costs have increased.

Motion

Motion was made by Commissioner Hanson to contribute an additional $1,500 from the Con-con funds for the 2011 Fourth of July Celebration. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

County Treasurer

County Treasurer, Mark Hall met with the board and reviewed the Inventory of Investments with the board.

North west community action

Northwest Community Action (NWCA) Director Mark Carlson met with the board requesting approval for lease for space at the Government Center North Building.

Motion

Motion was made by Commissioner Arnesen to enter into a lease agreement for space at the Government Center North Building with Northwest Community Action effective August 1, 2011 thru July 31, 2014 and authorize Chairman Moorman to sign, contingent upon the approval of County Attorney, Philip Miller. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

OLD/New Business

Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund- discussed;

Land Acquisition – none;

Red Lake Tribe – June 20, meeting;

Township Road Inventory/ATV Ordinance – working on map;

Line Workers School – next meeting is on May 25;

Veterans Service Policy – remove from old/new;

Inventory – none;

Beaver – none;

Clementson Bridge Property – Tim will discuss with MN DOT;

CAMA-   June 14 & 15 training;

Goals and Objectives – none;

County Attorney

Part-time position salary and benefits

County Attorney, Philip Miller met with the board to discuss the County Attorney part-time position, salary and benefits.

Resolution

Resolution Amending the Part-Time Position of the

 County Attorney’s Salary and Benefits

Resolution 2011-05-01

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

WHEREAS, the Lake of the Woods County Board recognizes that the County Attorney position is an elected position throughout the State of Minnesota, and;

WHEREAS, on January 5, 2010, the Lake of the Woods County Board designated the Lake of the Woods County Attorney position as a part-time, 60% position (minimum of three, eight hour days per week), and;

WHEREAS, the Lake of the Woods County Board desires to maintain the part-time designation for the Lake of the Woods County Attorney position, but recognizes that the part-time, 60% position (minimum of three, eight hour days per week) designation does not allow for full legal coverage for the Lake of the Woods County, and;

WHEREAS, on January 5, 2010, the Lake of the Woods County Board set the Lake of the Woods County Attorney annual salary at $50,000 with a full, county paid, benefit package, and;

WHEREAS, the Lake of the Woods County Board previously set the 2011 County Attorney Office budget, as well as the overall 2011 County budget, based on those figures, and;

WHEREAS, the Lake of the Woods County Board, in consultation with the County Attorney, desires to make changes to the salary and compensation package for the part-time elected position, and;

WHEREAS, the changes addressed in the resolution will have no adverse impact on the 2011 County Attorney Office budget, or the overall 2011 County budget, therefore;

THE LAKE OF THE WOODS COUNTY BOARD DOES HEREBY;

RESOLVE TO; effective the pay period beginning May 15, 2011;

  1. Maintain the part-time designation for the elected Lake of the Woods County Attorney position;
  2. Set the annual salary for the part-time position of the Lake of the Woods County Attorney at $65,000;
  3. Maintain County PERA benefit contribution; and
  4. Maintain the County minimum basic life insurance contribution.

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

Prevention Coalition Coordinator

County Attorney, Philip Miller updated the board that he will be advertising for the Coordinator for the Prevention Coalition Program.

Public works department

Road Tour Results

Public Works Director, Tim Erickson met with the board and reviewed the 2011 Road Tour results.

Mar-Kit Annual Meeting

Public Works Director, Tim Erickson informed the board that the Mar-Kit Annual meeting will be held on June 8, 2011 if any of them would like to attend.

911 Signs

Public Works Director, Tim Erickson discussed the 911 signs. He informed the board that 3,000 signs would cost the county $48,000 and the installation of the signs would cost $32,000.

Culvert

Public Works Director, Tim Erickson informed the board that the department was able to purchase a used culvert for $3,000; he noted that a new culvert would have cost $25,000. Lee Hancok and Dan Crompton will be picking up the culvert in Sauk Rapids.

Prosper Cemetery

Commissioner Arnesen discussed the Prosper Cemetery and the request of fencing the area which was viewed on 2011 road tour.  The board requested that County Surveyor, Don Rasmussen get an estimate of a survey of the Proper Cemetery and bring back to the board with cost.

RECESS

The meeting was called to recess at 12:02 p.m. and reconvened at 1:00 p.m.

LAND AND WATER PLANNING

John Alexander Conditional Use Permit

Land and Water Planning Director, Josh Stromlund informed the board that John Alexander withdrew his Conditional Use Permit request.

Keith Pieper Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented the Findings of Facts for consideration for approval for the Conditional Use Permit for Keith Pieper to allow a commercial business consisting of a gunsmith work with firearm resale and trade in a Natural Environment District. Josh reviewed the Findings and Facts with the board.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Ken Pieper (Keith Pieper, authorized agent)                          Date:  May 24, 2011

Location/Legal Description:  A 8.35 acre tract in the SW1/4 of the NW1/4 and a 4.00 acre tract in the NW1/4 of the SW1/4 of section 17, T. 161N, R. 33W (McDougald) Parcel # 22.17.23.010

Project Proposal:  Applicant is requesting to allow a commercial business consisting of gunsmith work with firearm resale and trade in a Natural Environment 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?  The values important to the county as it develops an approach to managing its land base are as follows:

      Individual Choice:  In the types of work and leisure to pursue

      Local Influence:  Over policy that affects the lives of county citizens

Conservation:  Of the resources in the county.  Those resources would be used in a way that they remain healthy for future generations

Balance:  Between individual’s rights and the public’s welfare and between competing economic development and environmental protection objectives

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

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

Why or why not?  The proposed project is consistent by providing adequate parking, two accesses which provides flow through traffic capabilities, noise will be minimal as the business will be conducted in an existing building, and the potential pollution hazard is mitigated by self contained units on the milling machine.

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?  The sandy soils allow for infiltration of stormwater runoff and the location is not within a shoreland area.

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?  No construction is proposed which would alter the existing topography, drainage features and vegetative cover.

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?  The proposed project location is not within a floodplain or floodway.

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?  No alteration of ground is associated with the proposed use as it will be conducted within an existing building.

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

Why or why not?  The proposed project will not create an additional access off of 70th Avenue NW as there are two accesses currently servicing the property which provides flow through traffic capabilities.  Additionally, Highway 11 has a right turn lane for west bound traffic.

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

Why or why not?  The adjacent land uses in the general proximity to the proposed project consists of commercial, agricultural, and residential.

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 requested use is not within a shoreland area.

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

Why or why not?  Liquid waste from the milling machines will be self contained.  This waste will be stored in an appropriate manner until such time a vendor disposes of it properly.

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 requested use is not within a shoreland area.

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

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

Why or why not?  A private well and septic system are currently in place on the property.

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?  The requested use will not generate additional traffic to public waters.

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 proposed project does not have above or below ground 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?  There is natural vegetation on the North and East sides of the property.  However, due to other conditional use requests for commercial use of the property, visibility of the property is needed from Highway 11 and 70th Avenue NW.

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 has stated that a two (2) foot by two (2) foot sign is to be placed on the existing building in which the proposed project is to be located.

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?  There are two accesses currently servicing the property which provides flow through traffic capabilities.  Adequate parking area exists on the property.

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public. 

The specific conditions of approval are as follows:

  1. Hours of operation are from Monday through Saturday 8:00 am to 5:00 pm.
  2. Comply with all Federal and State regulations in regards to firearms.
  3. Copies of Federal and State licenses to be placed on file with the Land & Water Planning Office.
  4. No bluing is to be conducted on-site.
  5. No reloading equipment or accessories are to be sold, however, blackpowder can be offered for sale.
  6. A two (2) foot by two (2) foot or not to exceed four (4) square foot sign is allowed on the existing building.

Approved as Presented (  )      

Approved with Conditions (X)

Denied (  )

                                                                                    _____________________________________

                                                                                                            Todd Beckel

                                                                                                        Vice Chair, County Board

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

Land and Water Planning Director, Josh Stromlund recommended the board to approve the Condition Use Permit.

Motion

Motion was made by Commissioner Patty Beckel to approve the Conditional Use Permit for Keith Pieper to allow a commercial business consisting of a gunsmith work with firearm resale and trade in a Natural Environment District. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Kevin King Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented the Findings of Facts for consideration

approval for a Conditional Use Permit for Kevin King requesting to allow a commercial business consisting of short term vacation rental of applicant’s existing residential cabin in a Natural Environment District.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Kevin King (Northwoods Getaway, LLC)                                                 Date:  May 24, 2011

Location/Legal Description:  Lot 13, Block 2, Brush Island, section 29, T. 168N, R. 33W, Parcel#03.51.02.130

Project Proposal:  Applicant is requesting to allow a commercial business consisting of short term vacation rental of applicant’s existing residential cabin in a Natural Environment 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?  The values important to the county as it develops an approach to managing its land base are as follows:

        Individual Choice:  In the types of work and leisure to pursue

        Local Influence:  Over policy that affects the lives of county citizens

Conservation:  Of the resources in the county.  Those resources would be used in a way that they remain healthy for future generations

Balance:  Between individual’s rights and the public’s welfare and between competing economic development and environmental protection objectives

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

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

Why or why not?  Applicant has a compliant septic system and the proposed use will require a Minnesota Department of Health (MDH) license.

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?  No construction is associated with project proposal.

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?  No construction is associated with project proposal.

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?  Project proposal is not located in a floodplain and/or floodway of Lake of the Woods.

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?  No construction is associated with project proposal.

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

Why or why not?  There are no access roads as the project proposal is located on an island.  The property is only accessible by boat in the summer and snowmobile or vehicle during winter months.

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

Why or why not?  There are other rental properties, such as resorts located at the Northwest Angle, for vacation/tourist destinations.  The conditions placed upon approval will provide more insight as to the compatibility of the project proposal.

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

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

Why or why not?  Property is located on an island and only accessible by water.

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?  Property has a compliant septic system.

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

Why or why not?  No alteration of existing vegetation is proposed.

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

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

Why or why not?  The property has a compliant septic system and the MDH license will ensure drinking water standards are met.  Applicant has submitted a well test that sample provided meets MDH drinking water standards.

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

Why or why not?  Lake of the Woods is approximately 300,000 acres in size.

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?  No above or below ground storage tanks are proposed.

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?  Adequate buffers exist between properties.

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?  No signage is proposed.

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?  Applicant has a 32 foot crib dock for property.  Young’s Bay Resort will provide parking and launching facilities for vehicles, trailers, and boats.  Brush Island marina can be used as a secondary site for mooring of boats.

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public. 

The specific conditions of approval are as follows:

  1. A Rental Handbook and renter contract is to be prepared and a copy sent to the Land and Water Planning Office within thirty (30) days of the Notice of Approval.  The Rental Handbook and contract must address items such as, but not limited to, the following: 
    1. Rental rules to all renters of the property
    2. Renters need to respect the landowners all around the island and not be disruptive to the environment, other people or their private property.
    3. Proper disposal of garbage.
    4. Proper disposal of the remains from fish cleaning.
    5. Small campfires may be allowed in a fire pit only.  The fire pit must be located in a safe designated area circled by rock or brick.  No campfires should be allowed when conditions are conducive for wildfires.
  2. The existing buffer is to be maintained to provide adequate screening from adjacent properties.
  3. Maximum occupation is not to exceed ten (10) people.
  4. Review of this proposal will take place in approximately one (1) year from the date of the Notice of Approval.  At this review hearing, the landowner is to provide a history of rentals from the previous calendar year.
  5. Rental of the property is limited to 100 days per calendar year.
  6. The proposed use is subject to sale and lodging taxes.
  7. A Minnesota Department of Health (MDH) license is required for the proposed use.
  8. No food services are to be provided.
  9. The proposed use is limited to a maximum of four (4) motorized boats that can be moored overnight either at the property or at the marina.  The maximum number of motorized boats does not include boats personally owned by the landowner.
  10. A maximum of one (1) permanent fish house can be stored on the property, out of view from adjacent property owners.
  11. Complaints must be responded to and addressed within three (3) days of when the landowner is notified by the person(s) filing the complaint.

Approved  as Presented  (  )      

Approved with Conditions  (X)

Denied  (  )

                                                                                                                _____________________________________

                                                                                                                                                Todd Beckel

                                                                                                                                        Vice Chair, County Board

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

Land and Water Planning Director, Josh Stromlund recommended that the board approve the Condition Use Permit.

Motion

Motion was made by Commissioner Hanson to approve the Conditional Use Permit with conditions set forth for Kevin Kings Conditional Use Permit to allow a commercial business consisting of short term vacation rental of applicant’s existing residential cabin in a Natural Environment District. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

fee schedule

Land and Water Planning Director, Josh Stromlund met with the board and requested approval for office fee structures.

Motion

Motion was made by Commissioner Patty Beckel to approve the Land and Water Fee Structure as follows:

LAND & WATER PLANNING OFFICE

                      PERMIT FEE SCHEDULE – 2011

General Information:        Permits are required for any new building construction (including mobile homes) or alterations that change the outside dimensions of the structure; for the installation or alteration of on-site sewage treatment systems; and grading and filling in shoreland areas. Building contractor license numbers and site drawings are required for all building permits.

Type of PermitCurrent Fee
Land Use Permit: 
          Combined Permit (Includes house and sewage system)-    Dwellings unit at or under 2,000 square feet footprint including attached garage-    Dwellings unit over 2,000 square feet footprint including attached garage  This is for undeveloped lots only or complete redevelopment of a lot  $150.00$250.00
          Dwelling Unit with or without attached garage-    At or under 2,000 square feet footprint-    Over 2,000 square feet footprint          Commercial building $100.00$200.00$125.00
          Garage, storage sheds, or separate structure over 12’ x 20’ $75.00
          Storage sheds, or structures smaller than 12’ x 20’ (No pre-site) $50.00
          Legal addition(s) on a single structure $75.00
          Deck (over 3 feet above the natural ground) $50.00
Sewage Treatment Permit: 
          Residential sewage system per dwelling unit (new or alteration)$100.00
          Drain field Extension $50.00
          Commercial design with flow over 1,000 gallons per day$150.00
Subdivisions: 
          Platting/Subdivision Application (Non-refundable) – base fee                – plus $50.00/Lot – payable at submission of Final platCounty Surveyor’s Final Plat Check – base fee-  plus $20.00/Lot with minimum fee of $500.00Administrative Subdivision Application (Non-refundable) – base fee-  Plus $50.00/LotCounty Surveyor’s Review – base fee-  plus $10.00/Lot with minimum fee of $200.00$400.00 $400.00 $200.00 $150.00
Special Use Request Permits: 
          Conditional Use Application (Non-refundable) – plus $46.00 Recording Fee$200.00
          Variance Application (Non-refundable)- plus $46.00 Recording Fee$200.00
          Zoning Amendment Application (Non-refundable)- plus $46.00 Recording Fee$200.00
          Wetland Appeal Application Fee$500.00
         ANY AFTER-THE-FACT PERMIT3 times required fee

Issuing of permits initiates a review of your septic system. Nonconforming systems are required to be upgraded.

IMPORTANT NOTICE: IT IS THE PROPERTY OWNERS RESPONSIBILITY TO OBTAIN ALL NECESSARY PERMITS PRIOR TO ANY WORK BEING DONE.

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

Combining Planning Commission with Board of Adjustment

Land and Water Planning Director, Josh Stromlund met with the board to discuss the option of combining the Planning Commission with the board of adjustment. No action was taken.

cell phone

Land and Water Planning Director, Josh Stromlund met with the board to discuss his new cell phone and billing concerns.  The technology committee will meet and give recommendation to the board.

Committee Reports:

No committee reports were heard.

Correspondence:

No correspondence was received.

Recess

With no further business before the board, Vice- Chairman Todd Beckel recessed the meeting at 2:42 p.m.

Attest:                                                                                                 Approved: June 14, 2011

____________________________                                                    ____________________________

John W Hoscheid,                                                                               Todd Beckel,

County Auditor                                                                                  Vice-Chairman