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COUNTY BOARD

September 13, 2022

September 13,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 13, 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: Buck Nordlof, Joe Grund, Jon Waibel, and Cody Hasbargen. Also present was County Auditor/Treasurer Lorene Hanson. Absent was: Commissioner Ed Arnesen.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Annual County Boat & Water Safety Grant, and Williams Potato Day Request. 

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from August 30, 2022.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the minutes from September 6, 2022.

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $12,454.15; Commissioners Warrants $2,586.44; Commissioners Warrants $10,146.26.

Auditor/Treasurer

Claims

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried with Commissioner Buck Nordlof abstaining to approve the claims against the County as follows: Revenue $55,252.36; Road & Bridge $164,922.56; County Development $180.00; Natural Resource Enhancement $3,750.00; Joint Ditch $1,671.65; Solid Waste $46,806.60; Economic Development $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/13/2022 For Payment 9/16/2022

Vendor Name Amount

AT&T Mobility 2,802.21

BAYCOM, INC. 7,420.00

Cenex Co-Op Services, Inc. 22,090.70

Counties Providing Technology 4,272.00

Earthworks Contracting Inc 65,599.98

Election Systems & Software, Inc 5,552.38

GM Construction Inc 11,178.78

Hoffman, Philipp & Martell, PLLC 7,690.00

Howard’s Oil Company 25,229.06

Integris DBA 2,165.36

Interstate Billing Service Inc 10,636.03

Lake of the Woods Electric LLC 2,160.00

LOW Highway Dept 10,620.11

LOW Marine, Inc 2,359.44

Mar-Kit Landfill 16,196.75

Nordlof/Tanner 4,101.17

Nutrien Ag Solutions Inc 24,500.00

Powerplan 2,822.88

R & Q Trucking, Inc 3,666.00

Uline 2,022.29

Wex Bank 2,161.51

WIDSETH 6,988.13

Wright Locksmith and Security Systems 4,752.96

44 Payments less than 2000 25,639.99

Final Total: 272,627.73

Further moved to authorize the payment of the following auditor warrants: August 31, 2022 for $5,284.31; September 7, 2022 for $798,695.71; September 8,2022 for $266,323.00; September 8, 2022 for ($13.46). 

LEVY APPROVAL

Resolution

Resolution Adopting

Proposed 2023 Budget and Tax Levy

Resolution   2022-09-01

The following Resolution was proposed and moved for adoption by Commissioner Cody Hasbargen:

WHEREAS, the Proposed County Budget for the year 2023 has been reviewed by the Lake of the Woods County Board of Commissioners; and 

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2023:

Revenue Fund $ 2,025,860

Road & Bridge Fund $    449,580

Social Services Fund $    603,935

Economic Development Authority Fund $      60,000

2023 Proposed Budget and Tax Levy $ 3,139,375

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2023:

Twp Road & Bridge   $   471,470*

Twp Fire – Baudette $     25,000

Twp Fire – Williams $     16,881

Twp Fire – NW Angle $       6,500

Total $   519,851

2023

* $471,470 for Township Road & Bridge, includes $12,765 Admin of Township Roads (458,705+12,765=471,470)  

A public meeting to discuss the 2023 Proposed Budget and Tax Levy will be held on Tuesday, December 13, 2022, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 

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

MOTORPOOL

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to transfer the CRV from the Motorpool back into the Assessors office for their use and to transfer the Dodge Journey from the Highway Department to the Motorpool.

VOYAGEURS

The board discussed a letter received from Voyageurs Comtronics Corporation informing them that the agreement for TV Translator Maintenance will be terminated by the end of December 2022. It was the consensus of the board to reach out to Roseau County to discuss options.

Flag Island Cigarette License

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Cigarette License for Flag Island Resort LLC.

Wheelers Point On/Off Sale & Sundays

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the application for On/Off Liquor sale and Sunday sale from Wheelers Point Resort.

LOW Drifters Trail Improvement Grant

Resolution

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

MN Snowmobile Trail Assistance Program

Trail Improvement Grant

Resolution – 22-09-02

WHEREAS, the Lake of the Woods County supports the grant application made to the Minnesota Department of Natural Resources for a Trail Improvement Project on behalf of the Lake of the Woods Drifters Snowmobile Club.  The trail system is located within Lake of the Woods County 

WHEREAS, the Lake of the Woods County recognizes that the Lake of the Woods Area Drifters Snowmobile Club will be contributing a twenty-five percent (25%) cash match to the project. 

NOW, THEREFORE, BE IT RESOLVED, if Lake of the Woods County is awarded a grant by the Minnesota Department of Natural resources, the County agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project.  The County will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and

BE IT FURTHER RESOLVED that this resolution be in effect for a five-year period, good through September 2027, and;

BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Trail Program Grant Manual and certifies it will report any actual, potential, perceived, or organizational conflicts of interest upon discovery to the state related to the application or grant award, and;

BE IT FURTHER RESOLVED, the County Board names the fiscal agent for Lake of the Woods County as: 

Lorene Hanson 

County Auditor-Treasurer

206 8th Ave SE, Suite 260, 

Baudette, MN 56623

BE IT FURTHER RESOLVED, the County hereby assures the trail improvements will be maintained for a period of no less than twenty (20) years as required by the Recreational Trail Grant Programs.

Williams Potato Day Request

A letter from the Williams Potato Day Committee was presented to the board requesting a donation to help support the 70th annual Potato Day event in 2023.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to make a donation in the amount of $1000.00 to the Williams Potato Day Committee.

Human Resources

Add to Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to add Permission to Hire to the Agenda.

Salary Approvals

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried with Commissioner Cody Hasbargen abstaining to approve the following salary changes: Brock Stebakken increase 3 steps to Grade 14, Step 8, 29.21 per hour. One step increase for the following: Keith Grund Grade 15, Step 8, $30.83 per hour; Jane Larson Grade 13, Step 4, $25.62 per hour; Mike Huerd Grade 11, Step 10, $25.80 per hour. The following non-union changes were also approved: Boyd Johnson Grade 16, Step 13, $35.63 per hour; Christine Hultman Grade 13, Step 9, $28.21 per hour; Rita Hasbargen Grade 13, Step 7, $27.17 per hour. These changes will take place the next full pay period 9/18/22.

Permission to Hire

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to hire Richard McKeever as part-time temporary heavy equipment operator at the Northwest Angle at Grade 11, Step 1, $21.68 per hour at 265 points.

Approval of Annual County Boat & Water Safety Grant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Annual County Boat & Water Safety Grant as presented and to have Board Chair Buck Nordlof and Sheriff Gary Fish to sign the same.

Public Works

Solid Waste Assessment Increase Approval

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the Solid Waste Assessments to increase from $120.00 to $130.00, for the resorts to pay the full $130 and for the ice road assessment to be $1560.00.

Cliffs Natural Resources

Scott Gischia and Sandy Karnowski representatives of Cliffs Natural Resources came to the board to discuss a request to re-evaluate a settlement agreement on a wetland site just north of Williams that was agreed upon between Lake of the Woods County, Cliffs Natural Resources, and the DNR. No action was taken at this time. The board will set a work session for this request at the next board meeting.

Land & Water

Consideration of Zone Change #22-05ZC by Long Point Association

Land & Water Director Josh Stromlund presented the following Consideration of Zone Change #22-05ZC by Long Point Association: A tract of land located in Government Lot Five (5), Section Thirty-six (36), Township One-hundred Sixty-four (164) North, Range Thirty-four (34) West. 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 continued development of the property.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Consideration of Zone Change/Findings of fact by Long Point Association to amend 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 continued development of the property.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:Long Point Association, Inc.Date:September 13, 2022
Location/Legal Description:A tract of land within Government Lot Five (5), Section Thirty-six (36), Township One hundred Sixty-four (164) North, Range Thirty-four (34) West
Current Zoning Classification:Special ProtectionProposed:Rural Residential (R2)
Parcel Number(s):13.36.41.000 through 13.36.41.251Application Number:22-05ZC

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.

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:Recreational recreation area.
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

X Yes ___No

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

X Yes ___No

Comments:Expansion into a Special Protection Zone over many years.

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.

September 13, 2022 _______________________________

Date James Nordlof

Chair, County Board of Commissioners

Consideration of Conditional Use Permit #22-13CU By Janelle and Shawn Reed

Land & Water Director Josh Stromlund presented the following Consideration of Conditional Use Permit #22-13CU by Janelle and Shawn Reed: Lots 4 and 5, Block 1 of Himberg Estates in Section Ten (10), Township One-Hundred Sixty (160) North, Range Thirty (30) West- Parcel ID#31.54.01.040. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to use a Recreational Vehicle (RV) in a Residential Development (R1) Zoning District on Rainy River. Rainy River is an Agricultural River Segment.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact to use a Recreational Vehicle (RV) in a Residential Development (R1) Zoning District on Rainy River with the following conditions:

  1. Seven (7) year sunset on Conditional Use Permit (1/1/2030)

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Shawn and Janelle Reed Date:  September 13, 2022

Location/Legal Description:  Lots 4 and 5, Block 1, Himberg Estates in Section 10, T. 160N, R. 30W

Project Proposal:  Applicant is requesting to allow placement of a recreational vehicle within the shoreland area of the Rainy River.

  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? Allows recreational activity.

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? Access to Highway 11.

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

Why or why not? Residential.

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

Why or why not? On shoreland property/recreational.

  1. 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? Portable holding tank.

  1. 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? Well screened.

  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 (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________________________

  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 (X)  NO (  )  N/A (  )

Why or why not? On site for parking.

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

The specific conditions of approval are as follows:

  1. Seven (7) year sunset on Conditional Use Permit (1/1/2030).

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

September 13, 2022 _____________________________________

Date James Nordlof

Chair, County Board

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

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 10:30 a.m.

Attest: September 27, 2022

______________________________ _________________________________

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