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COUNTY BOARD

May 10, 2022

May 10, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, May 10, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Legislative Update

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the minutes from April 26,2022.

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $16,980.76; Commissioners Warrants $2,978.92; Commissioners Warrants $15,057.04.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $46,529.33; Road & Bridge $115,748.20; County Development $8,041.00; Solid Waste $24,412.95; EDA $1,405.81.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/10/2022 For Payment 5/13/2022

   Vendor Name Amount

Bert’s Truck Equipment Of Moorhead, Inc 3,637.00 

ByteSpeed, LLC 15,828.00 

Cenex Co-Op Services, Inc. 16,679.96 

Contech Engineered Solutions LLC 75,524.40 

Howard’s Oil Company 5,721.97 

Integris DBA 2,094.63 

LOW Highway Dept 3,602.50 

Mar-Kit Landfill 11,349.00 

Minnesota Ui 2,525.95 

NetCenter Technologies 5,600.00 

Northern Light Region 2,334.09 

Pb Distributing Inc 5,948.31 

Quadient Finance USA Inc. 2,000.00 

WIDSETH 12,841.00

65 Payments less than 2000 30,450.48

Final Total: 196,137.29

Further moved to authorize the payment of the following auditor warrants: April 27,2022 for $20453.84; May 5,2022 for $54,734.44.

PILT Resolution

Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and moved for adoption: 

RESOLUTION

SUPPORTING PAYMENT IN LIEU OF TAXES (PILT)

Resolution No. 22-05-01

WHEREAS, the Payment in Lieu of Taxes (PILT) Program passed into Minnesota law in 1979 with the statutory purpose “to address the disproportionate impact of state land ownership on local units of government with a large proportion of state land;” and

WHEREAS, 95% of all PILT acreage is located in the northern-half of Minnesota; and

WHEREAS, since 1995, nearly all PILT payment increases have gone to southern Minnesota and metro area counties; and

WHEREAS, in 1979 when PILT payments began, the biggest disparity between the highest PILT compensated county to the lowest compensated county was 8:1 or, 8 times higher, yet today that disparity has grown to a whopping 170:1 or, 170 times higher; and

WHEREAS, the principal cause of PILT payments are so inequitable across MN, is because in 1995, the Acquired Acres category of PILT Payments switched from a flat rate to instead, a land value basis, yet all other major PILT Payment categories remained at a flat rate; and

WHEREAS, the Northern Counties Land Use Coordinating Board (NCLUCB) recently completed a Comprehensive Study re: State PILT and Payments to Counties which verifies all of the above-mentioned inequities; and

WHEREAS, SF 2793 (Bakk) & HF 3073 (Ecklund) have been introduced to help rectify these huge inequities in PILT Payments by substantially increasing PILT payments to Northern MN counties, including a 25.8% increase in Lake of the Woods County; and

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County hereby urges the 2022 Legislature to pass the respective Bakk-Ecklund PILT Bills through the necessary committees and include them in their final Omnibus Tax Bill.

NWA Edge Riders Club Resolution

Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and moved for adoption: 

Sponsorship of Snowmobile Trails Assistance Program

Resolution No. 22-05-02

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club. 

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement. 

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project. 

LOTW Drifters Resolution

Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and moved for adoption: 

Sponsorship of Snowmobile Trails Assistance Program

Resolution No. 22-05-03

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Lake of the Woods Drifters Land and Big Traverse Trails managed by Lake of the Woods Drifters. 

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement. 

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project. 

Legislative Updates

Commissioner Ed Arnesen gave an update that included: Tourism, Williams School, Bonding Bill, NWA funding, and PILT.

Land & Water

Consideration of Zone Change #21-11ZC by Tod & Connie Barrow

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Zone Change #21-11ZC by Tod & Connie Barrow: West half (1/2) of the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty-four (34), Township One Hundred Sixty-seven (167) North, Range Thirty-Five (35) West – Parcel ID# 04.34.11.010. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.

Motion

Motion was made Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Consideration of Zone Change #21-11ZC by Tod & Connie Barrow to allow an amendment changing the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes with the following conditions:

  1. Must complete site building by 7/1/2023
  2. Must submit photos of completed structure on the property to the Land and Water Planning Office
  3. Must obtain access permission from the Red Lake Band to cross their property
  4. Must obtain permission from US Customs to use Border cut for access
  5. Property will revert back to Special Protection if cabin is not on site by 7/1/2023

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

TitleDescriptionDateZone
Name of Applicant:Tod and Connie BarrowDate:May 10, 2022
Location/Legal Description:West Half (1/2) of the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty-four (34), Township One Hundred Sixty-seven (167) North, Range Thirty-Five (35) West
Current Zoning Classification:Special ProtectionProposed:Rural Residential (R2)
Parcel Number(s):04.34.11.010Application Number:21-11ZC

The Planning Commission shall consider all facts from all sources prior to submitting a recommendation to the County Board relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:Rural Residential in area
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

_X_Yes ___No

Comments:Rural Residential or Special Protection
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X_No

Comments:No change
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes _X_No

Comments:No change
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes _X_No

Comments:No change
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes _X_No

Comments:Will not change
  1. Has there been a change in the development in the general area of the property in questions?

___Yes _X_No

Comments:No changes

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes _X_No

Comments:Will not
Conditions: Must complete site building by 7/1/2023
Must submit photos of completed structure on the property to the Land and Water Planning Office
Must obtain access permission from the Red Lake Band to cross their property
Must obtain permission from US Customs to use Border cut for access
Property will revert back to Special Protection if cabin is not on site by 7/1/2023

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

May 10, 2022 _____________________________

  Date James Nordlof

        Chair, County Board

Consideration of Conditional Use Permit #22-01CU by Jon Meikle

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-01CU by Jon Meikle: Northwest quarter (NW¼) Northwest quarter (NW¼) of Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West — Parcel ID# 19.28.22.000. Applicant is requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of Bostic Creek for the purpose of constructing a private drive. Bostic Creek is a Tributary River segment.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Jon Waibel and carried unanimously to approve the following Findings of Fact/Consideration of Conditional Use Permit #22-01CU by Jon Meikle to approve the applicants request to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of Bostic Creek for the purpose of constructing a private drive with the following conditions:

  1. Work with SWCD,DNR, and Land and Water Planning for fill redemption, wetland protection, and erosion control
  2. CUP also includes boat ramp if requested

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Jon and Jim Meikle Date:  May 10, 2022

Location/Legal Description:  NW4NW4 of Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.28.22.000

Project Proposal:  To allow applicant to cumulatively move more than ten (10) cubic yards of material within the shore impact zone and to move more than fifty (50) cubic yards of material outside the shore impact zone of the Lake of the Woods for the purpose of constructing a private drive

  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? Shoreland development

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

YES (  )  NO (  )  N/A ( X )

Why or why not? ______________________________________________________

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

Why or why not? Sediment barrier

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

Why or why not? It will not

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

Why or why not? ______________________________________________________

  1. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES ( X )  NO (  )  N/A (  )

Why or why not? Will be working with DNR, SWCD, and LOW County Land and Water Planning departments

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

Why or why not? County Road 8 Access

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

Why or why not? Resort and Recreation area

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

Why or why not? Shoreland activities

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

Why or why not? ______________________________________________________

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

Why or why not? None planned

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

Why or why not? Has well – no sewage treatment planned

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

Why or why not? Minimal increase- private use

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

Why or why not? ______________________________________________________

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

Why or why not? Not needed- natural vegetation

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

Why or why not? None needed

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES ( X )  NO (  )  N/A (  )

Why or why not? On site

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.  Work with SWCD, DNR, and Land and Water Planning for fill redeposition, wetland protection, and erosion control
  2. CUP also includes boat ramp if requested

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

May 10, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

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

Veterans Services

Veteran Services Director Rick Rone gave an update on various programs that are helping veterans in our community including transportation, grants, and mental health. 

Public Works

Public Works Director Anthony Pirkl and Union Representative Todd Djonne met with the board to give an update on various projects for highway & solid waste and to present information on the average pay for technicians in neighboring counties. Consensus was to meet with the personnel committee to look at Tech II and Tech III positions. 

Add to Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to add approval of grade increase for Tech Wyatt Erickson.

Approval of Grade Increase

Motion

Motion was made by Cody Hasbargen, seconded by Joe Grund and carried unanimously to increase Wyatt Erickson from Tech I Grade 10, Step 5 at 22.31 per hour to Tech II Grade 12, Step 3 at 23.82 per hour.

Recess

A brief recess took place at 10:30 a.m. and reconvened at 10:40 a.m.

Attorney Client Privilege- Closed Session

Motion 

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 10:45 a.m. and open the closed session pursuant to MN Statute 13D.03B Attorney Client Privilege. 

The following were present: Commissioners: Buck Nordlof, Jon Waibel, Joe Grund, Cody Hasbargen, Ed Arnesen, County Auditor/Treasurer Lorene Hanson, Human Resources Director Savanna Slick, and Sheriff Gary Fish.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting.

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to add Set Work Session and advertise, interview, and hire to the agenda.

Permission to Advertise, Interview, & Hire

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the request to advertise and interview for two positions with one position being filled. The positions are for: Solid Waste Processor at Grade 11, Step 1 $21.68 per hour at 265 points, and a Solid Waste Supervisor at Grade 14, Step 1 $25.38 per hour at 321 points.

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to add a work session for department head criteria to the May 24,2022 meeting.

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 11:30 am.

Attest: May 24, 2022

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair James “Buck” Nordlof