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COUNTY BOARD

October 26, 2021

October 26, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 26, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Roseau & Lake of the Woods Sportsman’s Club; Natural Resource Block Grant – Land & Water Josh Stromlund; Correspondence – Quiet Title Action and Remove:  LOW SWCD.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of October 12, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $12,434.93; Commissioners Warrants $1,957.03; Commissioners Warrants $18,649.28.       

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $19,648.69; Road & Bridge $29,358.12; County Development $245.00; Solid Waste $50,018.19; EDA $835.14. 

 WARRANTS FOR PUBLICATION

Warrants Approved On 10/26/2021 For Payment 10/29/2021

Vendor Name Amount

Compass Minerals America 9,663.36

Compudyne, Inc 3,759.00

Extreme Duty Ironworks 2,250.00

Forks Freightliner 5,584.29

North East Technical Service,Inc 24,826.75

R & Q Trucking, Inc 5,665.00

Short Elliott Hendrickson, Inc 12,398.13

Titan Energy Systems, Inc 2,926.10

U.S. Bank Equipment Finance 6,268.50

WSB 6,214.25

43 Payments less than 2000 20,549.76

Final Total: 100,105.14

Further moved to authorize the payment of the following auditor warrants: October 13, 2021 for $38,949.93; October 14, 2021 for $244,396.88; October 14, 2021 for $(490.50) and October 20, 2021 for $13,246.57.

Insurance Caps

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to set the 2022 county contribution for family health insurance up to $1,320.00 per month and single health insurance up to $970.00 per month.  The Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account, up to the IRS caps.

Resolution – Operational Enhancement Grant Program

Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously, the following:

RESOLUTION OF LAKE OF THE WOODS COUNTY 

Operational Enhancement Grant Program

RESOLUTION NO. 2021-10-05

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the 

attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program.  The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Statutes 197.608 and Minnesota Laws 2021, 1st Special Session, Chapter 12, Article 1, Section 37, Subdivision 2..  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County.  

WHEREUPON; the above resolution was adopted at the Lake of the Woods County Board of Commissioners Board meeting this 26th day of October, 2021.

Flu Vaccine Clinic for County Employees
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to allow all county employees to receive a flu shot at the expense of the county.  The flu vaccine clinic will be scheduled with CHI LakeWood Health and held at the Lake of the Woods Government Center.  

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the application and affidavit for lost warrant number 36133 for vendor number 5932 dated February 26, 2021 for $275.68 without furnishing indemnifying bond. 

Department of Corrections-

District Supervisor Marc Bloomquist of the Department of Correction updated the County Board on the many programs they provide for the county.  He discussed their budgets and how they would be decreasing due to changes within and had funding ideas for the future.  He will come back to the board at a later date with more information.

JOINING THE MEETING

Commissioner Jon Waibel arrived at the meeting at 10:00 a.m.

Veterans Home-

Beltrami County Veterans Service Officer, Scotty Allison and Veterans Liaison, Joe Vene met with the board to update the board on the New Veterans Home that will be built in Bemidji. Joe Vene started the presentation by singing the National Anthem to the group.  They thanked the board for their contribution the County Board had made a few years ago and presented a pamphlet of what the home will look like.  The plans are to have it finished by the summer of 2023.

County Assessor
Appointment

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the intent to offer the appointment of the County Assessor position to Alisa Jacobson on January 28, 2022, upon the retirement of County Assessor Mary Jo Otten on January 27, 2022.

Advertisement, Interview & Hire

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the creation of two job positions for review and approval, prior to advertising.    Human Resource Director, Savanna Slick would come back to the board when they were ready.

MN DNR-Scott Laudenslager-

Minnesota Department of Natural Resources Area Wildlife Supervisor Scott Laudenslager shared information with the Board on three parcels of land, that connect to the Minnesota Department of Natural Resources (MNDNR) Carp Swamp Wildlife Management Area (WMA).  The MNDNR is interested in acquiring the land, totaling 1297.25 acres, to add to the Carp Swamp WMA.  He was requesting the County Board’s approval to receive donated land. Private land owner, Jacquelyn Paschke attended by phone.  Scott was going to get back to the board with more information at a later date.   No Board decision was made at this time.

Roseau & Lake of the Woods Sportsman’s Club-

Miles Hoganson representing the Roseau & Lake of the Woods Sportsman’s Club attended the meeting.  He reviewed with the board how this club maintains ATV recreational trails in both Roseau and Lake of the Woods County.   He was looking for a contribution to help purchase a Swing Arm Brush Cutter at the cost of $16,500. He mentioned he had already been to the Roseau County Board and they agreed to contribute towards this.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to contribute $7,501 towards the purchase of a Swing Arm Brush Cutter, from the Con Con funds.

PUBLIC WORKS

Highway Update
County Engineer AJ Pirkl provided an update on the status of current projects.

Solid Waste Update
County Engineer AJ Pirkl provided an update on the landfill and that they had found a place to take the fish entrails for the winter.

LEGISLATORS

Senator Paul Utke and Representative Matt Grossell provided an update to the County Board.

RECESS
The board recessed at 12:00 p.m. and reconvened at 1:15 p.m. with the following:

LAND AND WATER PLANNING
Natural Resource Block Grant

Land and Water Planning Director, Josh Stromlund met with the Board and presented the 2022 – 2023 Natural Resource Block Grant in the amount of $185,000.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously approve the 2022 -2023 Natural Resource Block Grant in the amount of $185,000.

Consideration of Preliminary Plat of Driftwood Acres by L&S Investing LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Preliminary Plat of Driftwood Acres by L&S Investing, LLC, Parcel ID# 24.07.32.009. A tract of land located in Government Lots Three (3), Four (4) and Five (5) all within Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West.  Applicant is requesting to create twelve (12) tracts for a residential development.  The Rainy River is an Agricultural River segment.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Preliminary Plat of Driftwood Acres by L&S Investing, LLC, Parcel # 24.0732.009.  A tract of land located in Government Lots Three (3), Four (4) and Five (5) all within Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West.  Applicant is requesting to create twelve (12) tracts for a residential development.  The Rainy River is an Agricultural River segment; with the following conditions;

  1. The structures on proposed Lots 5 and 7, which currently do not meet the required 100-foot setback from the Rainy River, must be moved to meet the required 100-foot setback.
  2. Clarification on 26th Ave NW Right-of-Way (ROW).
  3. Work with Public Works Department on addressing encroachment issues on proposed Lot 1.  The encroachment issues would be the bituminous and drainage ditch.

Consideration of Zone Change #21-02ZC by MLK Rentals, LLC:

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-02ZC by MLK Rentals, LLC: Part of Outlot A Birch Acres, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (332) – Parcel ID# 19.61.50.0200. Applicant is requesting a zone change from a Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-02ZC by MLK Rentals LLC requesting a zone change from a Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Info
Name of Applicant:MLK Rentals, LLCDate:10-26-2021
Location/Legal Description:Part of Outlot A, Birch Acres, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R1)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.61.50.020Application Number:21-02ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision 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:Commercial Corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Adjoining businesses (on Conditional Use Permit)
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  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 or improvement
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:No additional services needed
  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 impede – no change
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:Increased business activity (Conditional Use Permits)

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

___Yes __X_No

Comments:No change
Conditions: 

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-03ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-03ZC by MLK Holding Company, Inc.:  the West 100 feet of the W1/2NE1/14, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (332) – Parcel ID# 19.24.12.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  The property is currently being used a part of a storage area and for lake access.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-03ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLK Holding Company, IncDate:10-26-2021
Location/Legal Description:The West 100 feet of the W1/2NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.010Application Number:21-03ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision 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:Within commercial corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Lake access
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:Lake access through wooded area – 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:None needed
  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 impede
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:Was covered by Conditional Use Permit (CUP) in the past

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

___Yes __X_No

Comments:No change
Conditions: 

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-04ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-04ZC by MLK Holding Company, Inc.:  The East 200 feet of the West 400 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.020. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property. The property is currently being for fish house storage.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-04ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLK Holding Company, IncDate:10-26-2021
Location/Legal Description:The East 200 feet of the West 400 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.020Application Number:21-04ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision 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:Growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Currently Conditional Use Permit (CUP)
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  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:No change
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:More commercial activity

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

___Yes __X_No

Comments:No change
Conditions: 

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-5ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-05ZC by MLK Holding Company, Inc.:  The West 100 feet of the SW1/4SE1/4, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.13.43.010.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-05ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLK Holding Company, IncDate:10-26-2021
Location/Legal Description:The West 100 feet of the SW1/4SE1/4, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.13.43.010Application Number:21-05ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision 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:Within commercial corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Lake access
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:Lake access through wooded area – 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:None needed
  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 impede
  1. Has there been a change in the development in the general area of the property in questions?

___Yes __X_No

Comments:Was covered by Conditional Use Permit (CUP) in the past

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

___Yes __X_No

Comments:No change
Conditions: 

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-06ZC by MLT&T, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-06ZC by MLT&T, LLC:  Part of the W1/2NE1/4, Less deeded, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.000.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-06ZC for MLT&T, LLC, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLT&T, LLCDate:10-26-2021
Location/Legal Description:Part of the W1/2NE1/4, Less deeded, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.000Application Number:21-06ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision 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:In growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Commercial to East & Conditional Use Permit (CUP) on property currently
  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 – Current Conditional Use Permit (CUP) 
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:None needed
  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 impede
  1. Has there been a change in the development in the general area of the property in questions?

___Yes __X_No

Comments:No – currently a Conditional Use Permit (CUP) business

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

___Yes __X_No

Comments:No change
Conditions: 

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-07ZC by MLT&T LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-07ZC by MLT&T LLC:  A tract of land lying within Government Lot 1, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.11.000.  Applicant is requesting a zone change from a Rural Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to deny the following Findings of Fact/Rezoning Change #21-07ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without special conditions.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLT&T, LLCDate:10-26-2021
Location/Legal Description:A tract of land lying within Government Lot 1, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R1)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.11.000Application Number:21-07ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision 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:Commercial corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Commercial adjoining
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  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:
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:None needed at this time
  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 impede
  1. Has there been a change in the development in the general area of the property in questions?

___Yes __X_No

Comments:Not recently

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

___Yes __X_No

Comments:No change
Conditions: 

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-08ZC by MLT&T, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-08ZC by MLT&T, LLC:  The East 110 feet of the West 793 feet of the South 266 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.040.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-08ZC for MLT&T, LLC, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLT&T, LLCDate:10-26-2021
Location/Legal Description:The East 110 feet of the West 793 feet of the South 266 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.040Application Number:21-08ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision 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:Growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Conditional Use Permit (CUP) to the North
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:Single cabin
  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:None needed
  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 impede
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:Increase in commercial activity recently

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

___Yes __X_No

Comments:No change
Conditions: 

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-09ZC by MLT&T, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-09ZC by MLT&T, LLC:  The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.13.43.000.  Applicant is requesting a zone change from a Rural Residential (R2), Special Protection (SP), and Residential (R1) Districts to a Commercial-Recreation (CR) District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-09ZC for MLT&T, LLC requesting a zone change from a Rural Residential (R2), Special rotection (SP), and Residential (RR1) Districts to a Commercial-Recreation (CR District for the purposes of allowing commercial activity on the property with the following conditions:

  1. The SW1/4SE1/4 Zone Commercial Recreational (CR) Government Lot #5 to remain Special Protection (SP) and Residential Development (R1)

 Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLT&T, LLCDate:10-26-2021
Location/Legal Description:The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Rural Residential (R2), Special Protection (SP), and Residential (R1) DistrictsProposed:Commercial-Recreational (CR)
Parcel Number(s):19.13.43.000Application Number:21-09ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision 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:Growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Conditional Use Permit (CUP) to the South
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  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:
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:None at this time
  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:
  1. Has there been a change in the development in the general area of the property in questions?

___Yes __X_No

Comments:

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

___Yes __X_No

Comments:
Conditions: SW¼ SE ¼ Zone Commercial Recreational (CR)
Government Lot #5 to remain Special Protection (SP) and Residential Development (R1)

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-10ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-10ZC by MLK Holding Company, Inc: The East 100 feet of the West 200 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.011.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-10ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

 Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLK Holding Company, IncDate:10-26-2021
Location/Legal Description:The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Rural Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.011Application Number:21-10ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision 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:Growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Currently Conditional Use Permit (CUP)
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  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:No change
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:More commercial activity

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

___Yes __X_No

Comments:No change
Conditions: 

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

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Conditional Use Permit #21-14CU by Sean Westman

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-14CU by Sean Westman:  The Southwest Quarter of the Northeast Quarter (SW1/4NE1/4 SE1/4) in Section Twenty-six (26), Township One Hundred Sixty-twoo (62) North Range Thirty-two (32) West- Parcel ID# 19.26.41.040. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance, to allow the storage of commercial winter ice fishing equipment including more than five (5) fish houses in a Rural Residential (R2) district.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #21-14CU for Sean Westman to allow more that five (5) fish houses in a Rural Residential (R2) district with the following conditions:

  1.  Cannot see fish houses from outside property during summer leaf on conditions
  2. Houses must be Twenty (20) feet from property lines to protect neighbor’s property
  3. No more than Twenty (20) stored fish houses on this parcel
  4. No habitation during storage

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Sean Westman Date:  10-26-2021 

Location/Legal Description: The Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW1/4NE1/4SE1/4) in Section Twenty-six (26), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West 

Project Proposal:  Applicant is requesting a conditional use permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow the storage of commercial winter ice fishing equipment including more than five (5) fish houses 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?  Growth corridor__________________________________________________

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 ( ) NO (  )  N/A ( X)

Why or why not?  _________________________________________________________

  1. 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?  ________________________________________________________

  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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? Highway 172___________________________________________

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

Why or why not? Residential Development (R1) and Rural Residential (R2)________

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

YES ( )  NO (  )  N/A (X )

Why or why not?  _______________________________________________________

  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 (  )  N/A (X)

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  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 (X)  NO (  )  N/A ( )

Why or why not? Must maintain vegetative screen____________________________

  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 (  )  N/A (X)

Why or why not? ______________________________________________________

  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 ( )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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. Cannot see fish houses from outside property during summer leaf on conditions
  2. Houses must be Twenty (20) feet from property lines to protect neighbor’s property
  3. No more than Twenty (20) stored fish houses on this parcel
  4. No habitation during storage

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

10-26-2021_______ _____________________________________

Date Joseph Grund

        Chair, County Board

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

HOFFMAN, PHILIPP and MARTELL, PLLC
Audit Exit Review

Colleen Hoffman and Crystelle Philipp from Hoffman, Philipp and Martell, PLLC provided an audit exit review to the County Board of Commissioners.

Maintenance
Generator

Peder Hovland, IT / Maintenance Director met with the board regarding the 911 generator.  He had the annual maintenance on the generator done and there was water found in the diesel fuel that needs to be drained and also the hoses need to be replaced.  The board asked Pete to do some more research and get back to them.

LEAVING THE MEETING

Commissioner Jon Waibel left the meeting at 3:00 p.m.

Union Negotiations
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the Closed Session – Union Negotiations pursuant MN Statute 13D.03).  Present were Commissioners:  Ed Arnesen, Buck Nordlof, Cody Hasbargen and Joe Grund; Absent was Commissioner Jon Waibel.  Also present was Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the Closed Session – Union Negotiations and open the regular session.

Correspondence
The Board reviewed the following correspondence: 

  1. Koochiching County – Charging Network – 
  2. Quiet Title Action

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 4:00 p.m.

Attest: November 9, 2021

_________________________________ _________________________________

Auditor-Treasurer, Lorene Hanson Chair of the Board, Joe Grund