September 9, 2025

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 9,2025 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the agenda with the following changes: Add: Closed Session, Markit Landfill Contract, LCCMR Resolution, Advertise, Interview, & Hire-PT Dispatch, Pennington County Jail Contract, Department Head Budget Meetings, and Set Work Session. Remove: Proposed Tax Levy.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the official minutes of August 26, 2025.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the following claims: Commissioners Warrants $12,111.51; Commissioners Warrants $2,767.33; Commissioners Warrants $25,765.90.

MCIT

Risk Management Consultant Joe Cieminski reviewed the Lake of the Woods County risk management services and benefits provided by MCIT.

North Memorial Flight

North Memorial Flight representatives Mike Zolik and Kevin Lee gave an overview of the services they have provided to Lake of the Woods County and surrounding areas. No action was taken at this time.

Land & Water

Consideration of Interim Use Permit Application #25-07IU by Tyler and Hannah Peterson

Government Lot Six (6), Section Six (6), Township One-hundred Sixty (160) North, Range Thirty-three (33) West (Potamo)-Parcel ID#28.06.32.000. Applicant is requesting an Interim Use Permit as required by Section 1106 of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential Zoning District (R2).

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the following IUP/Findings of Fact #25-07IU by Tyler and Hannah Peterson to operate a short-term vacation rental in a Rural Residential Zoning District (R2) with the following conditions:

1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
2. The maximum occupancy is limited to four (4) individuals.
3. The established quiet hours are from 10:00 p.m. to 8:00 a.m.
4. A valid Certificate of Compliance for the septic system is required.
5. No on-street parking is allowed.
6. If applicable, the applicant must meet the Minnesota Department of Health requirements.

Lake of the Woods County Board of Commissioners

Short-Term Vacation Rental Findings of Fact and Decision

Name of Applicant:  Tyler and Hannah Peterson   Application Number:  25-07IU Date:  September 9, 2025

Location/Legal Description:  Government Lot 6, Section 6, T. 160N, R. 33 W     Parcel Number:  28.06.32.000

Project Proposal:  Applicant is requesting an Interim Use Permit, as required by Sections 1106 of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Rural Residential Zoning District (R2).

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?  Residential use.

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

YES (X)  NO (  )  N/A (  )

Explain?  Per application.

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

Why or why not?  Rural Residential.

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

Why or why not?  County Road 2.

5. Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X)  NO (  )  N/A (  )

Explain?  No more traffic than current and plenty of parking onsite.

6. Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?

YES (X)  NO (  )  N/A (  )

Explain?  See application.

7. Does the water test meet the Minnesota Department of Health drinking water standards? YES (X)  NO (  )  N/A (  )

Explain?  See well water test results in application. 

8. Has the applicant identified the maximum number of occupants? YES (X)  NO (  )  N/A (  )

Explain?  Four (4) individuals as per submitted application. 

9. Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X)  NO (  )  N/A (  )

Explain?  See application.

10. Has the applicant established quiet hours? YES (X)  NO (  )  N/A (  )

Explain?  As per the submitted application, the quiet hours are from 10:00 p.m. to 8:00 a.m.

11. Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

12. Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

13. Has the applicant identified a local person and their contact information? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

14. 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)

Explain?  No signage was included in the application.

15. Is fencing and/or screening needed to buffer the project proposal from adjacent properties?

YES (  )  NO (X)  N/A (  )

Explain?  The property has a well-established natural buffer. 

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
2. The maximum occupancy is limited to four (4) individuals.
3. The established quiet hours are from 10:00 pm to 8:00 am.
4. A valid Certificate of Compliance for the septic system is required.
5. No on-street parking is allowed.
6. If applicable, the applicant must meet the Minnesota Department of Health requirements.

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

September 9, 2025 _____________________________________

Date Jon Waibel

Chair, County Board

Consideration of Conditional Use Permit #25-05CU by Buell Consulting, Inc. on behalf of Lake Area Construction, Inc.

The Southeast Quarter of the Southwest Quarter of the Southwest Quarter (SE1/4SW1/4SW1/4), Section Twenty (20), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)-Parcel ID#19.20.31.000. Applicant is requesting a Conditional Use Permit as required by Section 401-C of the Lake of the Woods County Zoning Ordinance, to operate a commercial communications tower in a Rural Residential District (R2). 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following CUP/Findings of Fact #25-05CU by Buell Consulting, Inc. on behalf of Lake Area Construction, Inc. to operate a commercial communications tower in a Rural Residential District (R2) with the following conditions:

1. Comply with Federal and State of Minnesota wetland rules.
2. Comply with FCC guidelines and rules governing communication towers.
3. Comply with FAA guidelines and rules governing communication towers.

Lake of the Woods County Planning Commission

Findings of Fact and Decision

Name of Applicant:  Lake Area Construction, Inc./The Towers, LLC Date:  September 3, 2025

Blair Ranson, Buell Consulting, Inc. as Agent

Location/Legal Description:  The SE¼SW¼SW¼, Section 20. T. 162N, R. 32W

Parcel Number: 19.20.31.000

Project Proposal:  To operate a commercial communications tower in a Rural Residential District (R2).

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? Communications.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Communications.

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? ____________________________________________________________________

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? ____________________________________________________________________

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? ____________________________________________________________________

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? ____________________________________________________________________

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

Why or why not? County Road 8.

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

Why or why not? Rural 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? ____________________________________________________________________

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

Why or why not? _____________________________________________________________

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? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

15. 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? ____________________________________________________________________

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? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? _____________________________________________________________________

The specific conditions of approval are as follows: 

1. Approval pending wetland conditions and FCC and FAA regulations.

The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners that this proposal be:

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

September 3, 2025 _____________________________________

Date Ken Horntvedt

Chair, Planning Commission

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session for September 23,2025 following the regular board meeting.

Fair Board

JP Sweet representing Lake of the Woods County Fair Board reviewed the costs of carnivals for the county fair that included rides, games, and food. He also discussed the success of the previous years fair. Mr. Sweet also thanked the board for their support and asked if it would be possible to receive additional funds again for the next year. No action was taken at this time.

Public Works

Add to Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to add Semi-truck Purchase Approval to the agenda.

Semi-truck Purchase Approval 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of three semi-trucks up to $180,000.00 to be paid for out of Solid Waste fire reimbursement funds and the Highway and Solid Waste budget accordingly.

LCCMR Resolution 

Resolution

The following Resolution was offered by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following:

LAKE OF THE WOODS COUNTY, MINNESOTA

Legislative-Citizen Commission on Minnesota Resource (LCCMR)

RESOLUTION 2025-09-01

WHEREAS, The Lake of the Woods County seeks $550,000.00 to Phase II Investigation of Pine and Curry Island SNA.

NOW, THEREFORE, BE IT RESOLVED, That Lake of the Woods County supports the above referenced project and authorizes the submittal of a proposal for funding of this project on behalf of the Lake of the Woods County to the Legislative-Citizen Commission on Minnesota Resources (LCCMR) in response to the 2026 Environmental and Natural Resources Trust Fund (ENRTF) Request for Proposal; and

BE IT FURTHER RESOLVED, That, if funding is awarded, the Lake of the Woods County agrees to accept the award and may enter into an agreement with the state of Minnesota for the above referenced project. Lake of the Woods County will comply with all applicable laws, environmental requirements, and regulations and any additional conditions stated in the grant agreement and the approved LCCMR work plan; and

BE IT FURTHER RESOLVED, That Lake of the Woods County understands that grants from the ENRTF are generally paid out on a reimbursement basis. Lake of the Woods County has the financial capability to pay for project expenses prior to seeking reimbursement; and

BE IT FURTHER RESOLVED, That Lake of the Woods County certifies none of the current principals of Lake of the Woods County have been convicted of a felony financial crime in the last ten years. For this purpose, a principal is defined as a public official, a board member, or staff that would have the authority to access or determine the use of ENRTF funds, if awarded; and  

BE IT FURTHER RESOLVED, That Anthony Pirkl – Public Works Director is hereby authorized to execute such agreements and work plans as necessary and Anthony Pirkl is authorized to implement the project on behalf of the Lake of the Woods County.

BE IT FURTHER RESOLVED, That the Lake of the Woods County has the financial capability to meet the match requirements and ensure adequate construction, operation, and maintenance of the project once completed.

Mar-Kit Landfill Contract

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Mar-Kit Landfill contract beginning January 1, 2026.

Updates

County Engineer Anthony Pirkl gave an update on various projects.

NG911 Blue Blade Policy 

The board reviewed amendments to the NG911 Blue Blade Policy. No action was taken at this time.

IT/GIS

GIS Beacon Bundle

GIS Coordinator Eric Solo, IT Director John Butenhoff, and County Recorder Sue Ney reviewed the costs and benefits of upgrading to the Beacon Essentials package with Schneider Geospatial.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve upgrading to the Beacon Essential package in the amount totaling $28,028.00; whereas $8,000.00 will be a one-time setup cost and $20,028.00 will be the annual cost. This is to be paid for as follows: $12,000.00 out of the Enhancement fund, $2,000.00 out of the Recorder’s Technology Fund, and the remainder out of IT budget. 

GIS Open Data

Resolution

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

FREE AND OPEN DATA

RESOLUTION 2025-09-02

WHEREAS, the County of Lake of the Woods create, maintains and possesses valuable geographic information systems (GIS) data to support its various business purposes; and

WHEREAS, the County of Lake of the Woods recognizes that this GIS data is also a public resource and there are significant benefits to making this data freely and openly available, and

WHEREAS, the emergence and continued refinement of new information technology has dramatically changed the way citizens search for and expect to find, consume and utilize information, and such technology can aggregate ever larger quantities of data and allow government to provide information to the public with increasing efficiency; and 

WHEREAS, the County of Lake of the Woods can leverage this technology to meet the public demand for information, enhance public access to government data and make government processes transparent in order to promote public trust; and

WHEREAS, ensuring the quality, consistency and availability of such data is a core function of government and is essential to maintaining the data’s value and utility;

NOW, THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes Geographic Information Systems Coordinator (GIS) to publish its public geospatial data on its website in a commonly recognized and easily produced form, available for download by anyone at no cost, subject to accepting the terms of the data disclaimer GIS data usage agreement; and

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners hereby reserves the right for county business units to charge fees for GIS data provided in other forms and to accommodate special requests for maps, data, and analysis under the applicable rules and statutes that govern said requests; and

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes qualified members of its staff to coordinate with other counties, cities, governments and agencies through the MetroGIS collaborative or through state agencies to share and publish its GIS data in common formats through common websites and public data portals to increase public awareness of its availability and promote its use.

NG911 GIS Project Update

GIS Coordinator Eric Solo informed the board that the GIS data submission to the states NG911 Enterprise Database has been completed.

Squad PC Purchase Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of four squad pc’s in the amount of $18,305.00.

Consulting

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the hire of Peder Hovland as IT Consultant at $175.00 per hour up to $5000.00 for 2025.

Sheriff

Pennington Contract Approval

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Jail Purchase of Services Agreement between Lake of the Woods County and Pennington County for $70.00 per day for three beds effective September 1, 2025 and expiring September 1, 2026 and to have Chair Jon Waibel and Sheriff Gary Fish sign the same.

Human Resources

Permission to Hire Eligibility Worker

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the hire of Corey Rundall as Social Services Eligibility Worker at Grade 11, Step 1, $24.89 per hour at 262 points effective October 6,2025.

Permission to Hire Social Worker

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously with Commissioner Buck Nordlof abstaining to approve the hire of Shayla Risser as Social Services Social Worker at Grade 15, Step 1, $30.27 per hour at 332 points effective September 16, 2025.

Permission to Advertise, Interview, & Hire- PT Dispatch

Human Resources Director Savanna Slick requested permission to advertise, interview, and hire for a part-time dispatch position. No action was taken at this time.

Appoint Commissioners to Interview-Deputy Auditor-Treasurer Fiscal Officer

Motion 

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to appoint Commissioners Ed Arnesen, and Buck Nordlof to Interview for the Deputy Auditor-Treasurer-Fiscal Officer position.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the claims against the County as follows: Revenue $60,648.30; Road & Bridge $40,060.15; County Development $1,200.00; Solid Waste $19,888.96.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/09/2025 For Payment 9/12/2025

Vendor Name Amount

Auto Value Baudette 2,359.40 

Bolton & Menk 7,228.00 

Hoffman, Philipp & Martell, PLLC 7,165.00 

Interstate Engineering Inc 3,985.00 

Larkin Hoffman Attorneys           15,920.00 

Law Offices Of Patrick D. Moren         12,254.66 

Liberty Tire Recycling, LLC             5,474.55 

Northdale Oil Inc.           23,438.09 

Pomp’s Tire-Thief River Falls 9,579.84 

Quadient Finance USA Inc.             5,000.00 

R & Q Trucking, Inc 7,656.00 

Strata Corp, Inc.             2,397.89 

Ziegler, Inc 2,133.58 

42 Payments less than 2000 17,205.40

Final Total: 121,797.41

Further moved to authorize the payment of the following auditor warrants: September 3,2025 for $780,115.27.

Set Public Hearing Date

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to set a public hearing for an off-sale liquor and tobacco license for Dale’s on Lake of the Woods on October 14, 2025 at 10:00 a.m. in the Commissioners room

Set Budget Work Sessions

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to set work sessions with department heads for September 16^th, 17^th, and 18^th at 8:30 a.m. until 12:00p.m.

Closed Session 

Resolution 

The following Resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the following: 

Resolution Closing Board Meeting 

Resolution No. 2025-09-03 

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and 

WHEREAS, Lake of the Woods County, has received complaints with implicit threats of litigation from Jared Martinson and R&E LOW LLC regarding land use decisions made by county employees;   

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the litigation threats; and 

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the pending lawsuit where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and 

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege. 

BE IT RESOLVED by the Lake of the Woods County Board as follows: 

1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and 

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy regarding the implicit threats of litigation from Jared Martinson and R&E LOW LLC regarding land use decisions made by county employees. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 9^th day of September, 2025.  

Motion 

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

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 12:30 p.m.

Attest: September 23, 2025

________________________________             _________________________________

Auditor/Treasurer Lorene Hanson Chair Jon Waibel