COMMISSIONER PROCEEDINGS

October 22, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 22, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

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: County Surveyor Contract, and Closed Session.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of October 8, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $2,434.11; Commissioners Warrants $1,988.02; Commissioners Warrants $33,345.09.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $113,400.52; Road & Bridge $57,769.43; Joint Ditch $2,282.50; Solid Waste $15,496.20; EDA $1,339.41.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/22/2024 For Payment 10/25/2024

Vendor Name Amount

Co-Op Services, Inc. 10,114.02 

Counties Providing Technology   4,327.00 

Dentons Dirt Worx, LLC 19,586.79 

Election Systems & Software, Inc   4,167.03 

HDR Engineering Inc   2,282.50 

Houston Engineering Inc 14,224.00 

Integris LLC   4,111.28 

John Deere Financial   3,374.38 

Johnson Auto & Machine   2,085.60 

Liberty Tire Recycling, LLC     6,193.67 

M & J Construction Of Holt, Inc. 14,374.50 

North Country Chevrolet 50,896.28 

Pennington County Sheriff Office   2,497.07 

SeaChange Print Innovations   2,180.20 

Titan Machinery – Roseau   3,536.58 

U.S. Bank Equipment Finance   6,268.50 

University Of Mn 15,121.50 

45 Payments less than 2000 24,947.16

Final Total: 190,288.06

Further moved to authorize the payment of the following auditor warrants: October 10, 2024 for $61,844.98; October 16, 2024 for $290,332.84.

Extension Committee Term Increase

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to increase the extension committee terms from two 3-year terms to unlimited terms.

Correspondence

The board reviewed Correspondence from AMC.

Human Resources

Permission to Advertise, Interview Full-Time Deputy Sheriff

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to advertise, interview, and hire a full-time deputy sheriff at Grade 15, 323 points.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various projects.

County Surveyor Contract Discussion

RFP County Surveyor

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve to go out for RFP for a County Surveyor for the year 2025.

RFP Committee

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to appoint Commissioners Joe Grund and Jon Waibel, County Engineer Anthony Pirkl, County Recorder Sue Ney, and Land & Water Director Josh Stromlund to the RFP Committee.

Guardian Flight

Manager of Strategic Partnerships Wes McAden gave an update to the board and answered questions regarding guardian flight services and costs.

Cleveland-Cliffs Natural Resources

Representatives from Cleveland Cliffs Natural Resources came to the board seeking approval of the settlement agreement on Williams Creek to present to the DNR. No action was taken at this time.

Public Hearing

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the public hearing.

Amendment to Lodging Tax Ordinance

County Attorney Michelle Moren explained that the ordinance had been amended to reflect recent law changes. No questions or comments were presented.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the public hearing and open the regular meeting.

Approval of Amendment to Lodging Tax Ordinance

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the amended lodging tax ordinance.

Recess

A brief recess took place at 10:05 a.m. and reconvened at 10:10 a.m.

Northwest Community Action-Grant Application Update

John Wynne and Diane Hayes came to the board to give an update on the application process for a small housing rehabilitation grant.

Cannabis Business Ordinance

County Attorney Michelle Moren, Land & Water Director Josh Stromlund and the Commissioners reviewed the Cannabis Business Ordinance. The Ordinance Committee will meet and review the draft to present to the board at a later date. No action was taken at this time.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-10-4

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 entered into a Settlement Agreement (“Agreement”) in the Matter of Hibbing Taconite Mine and Stockpile Progression and Williams Creek Project Specific Wetland Mitigation, which Agreement was dated October 6, 2015 (OAH Docket No. 11-2004-31655); and

WHEREAS, the Agreement resolved issues prior to litigation; and 

WHEREAS, parties to the Agreement, are seeking to modify certain terms and conditions of the Agreement; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the modification of the agreement; 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 requested modifications, 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 in the Office of Administrative Hearings matter as set forth in the recital above and any settlement proposals regarding the modifications to the Agreement requested by Cliffs, which may be made by or responded to by the Lake of the Woods County Board. 

Motion

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

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the settlement agreement as presented and for chair Cody Hasbargen to sign the same with a recommendation for the SWCD to approve as well. It was also noted that Commissioner Ed Arnesen and Land & Water Director Josh Stromlund will meet and work with Cliffs and the DNR on this project. 

Closed Session

Resolution

The following Resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following:

Resolution Closing Board Meeting

Resolution No. 2024-10-5

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 was served on March 20, 2024 with a United States District Court Summons and Complaint dated March 14, 2024, signed by Gregory M. Erickson, attorney for  Plaintiffs Jennifer Audette and Robert Audette, alleging that Lake of the Woods County Board of Commissioners violated, inter alia, the Americans with Disabilities Act (ADA) and, requesting, inter alia, that the court require the County to remedy the alleged ADA violation and award damages; and   

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the pending lawsuit; 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 status of the litigation and strategies 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 strategies and potential settlement position regarding the pending United States District Court action. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 22^nd day of October, 2024. 

Motion

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

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-10-6

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 received correspondence from Canadian National Railway Company dated October 18, 2024 threatening litigation regarding solid waste tax assessments; and   

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the threatened litigation; 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 threatened litigation 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 threatened litigation 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 allegations and responses to the threatened litigation by Canadian National Railway Company. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 22^nd day of October, 2024. 

Motion

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

Closed Session

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-10-7

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on October 22^nd , 2024 at 12:00 PM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

2. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.  

Motion

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

Closed Session

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-10-8

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on October 22^nd , 2024 at 12:30 PM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.
2. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.  

Motion

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

Adjourn

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 1:10 p.m. 

Attest: November 12, 2024

________________________________             _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

  COMMISSIONER PROCEEDINGS

October 8, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 8, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

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: Abatement Approval, Assessor Re-appointment, Certified Wetland Determination, Gambling Permit, and Closed Session.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of September 24, 2024 with changes.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $10,313.07; Commissioners Warrants $3,259.50; Commissioners Warrants $43,340.49.

Residential Treatment Screening Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Residential Treatment Screening contract between Lake of the Woods County and Beyond Breaking Barriers, LLC. and for Chair Cody Hasbargen and Social Services Director Amy Ballard to sign the same.

Children’s Mental Health Contract

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Children’s Mental Health contract between the State of Minnesota Human Services, Behavioral Health Administration and Lake of the Woods County.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $55,526.49; Road & Bridge $905,677.57; County Development $200.00; Natl Resc Enhanc $881.00; Joint Ditch $2,830.00; Solid Waste $28,773.66.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/08/2024 For Payment 10/11/2024

Vendor Name Amount

Howard’s Oil Company 4,779.56

Integris LLC 6,835.06 

KC TECH LLC 2,925.00 

Lake Superior College 4,075.00 

Lavalla Sand & Gravel Inc           856,500.00 

Law Offices Of Patrick D. Moren 9,065.73 

LOW Highway Dept 5,291.65 

Mar-Kit Landfill                         14,043.50

 Pomp’s Tire-Thief River Falls 6,415.28 

Powerplan 9,336.65 

Quadient Finance USA Inc. 2,000.00 

R & Q Trucking, Inc 5,568.00 

SeaChange Print Innovations 7,174.27 

Sir Lines-A-Lot, LLC             18,480.72 

Summit Fire Protection 2,175.00 

Wikstrom Telephone Co.,Inc 6,570.90 

47 Payments less than 2000 32,652.40

Final Total: 993,888.72

Further moved to authorize the payment of the following auditor warrants: September 25, 2024 for $11,226.49; October 2, 2024 for $61,296.60; October 3, 2025 for $258,597.41.

Revenue & Expense Guidelines

County Auditor-Treasurer Lorene Hanson gave the board a copy of the January-September 2024 Revenue and Expense guidelines for their review.

Gambling Permit-Youth Hockey

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the gambling permit application from Lake of the Woods Youth Hockey.

Assessors

Local Option Disaster Abatement and Credit

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the application for local option disaster abatement of payable 2024 taxes and a credit for payable 2025 taxes for parcel number 31.07.11.010.

Re-appointment of County Assessor

Resolution

The following Resolution was offered by Commissioner Ed Arnesen and moved for adoption: 

A RESOLUTION APPOINTMENT OF COUNTY ASSESSOR

Resolution No. 2024-10-01

WHEREAS, the County Assessor position is appointed and/or reappointed every four (4) years pursuant MN Statute 273.061, Subd 2; 

BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners does hereby approve the appointment of Alisa Jacobsen for the term of January 01, 2025 through December 31, 2028; 

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners recommends that the Commissioner of the Minnesota Department of Revenue (DOR) confirm this reappointment. 

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

Human Resources

Permission to Hire Office Support Specialist

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to hire Office Support Specialist Val Canfield at Grade 9, Step 1, $20.64 per hour at 222 points effective October 21, 2024.

Flu Shot Approval

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve public health to administer flu shots in the Government Center Courtroom on October 8, 2024 from 12:30p.m.-2:30p.m. 

Emergency Management

LEAST Services Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the LEAST services contract between Lake of the Woods County and LEAST Services/Counseling LLC for the year 2025 and to be paid for out of the social services fund.

Land & Water

Consideration of Interim Use Permit #24-05-IU by Brian Erickson

Lot five (5) Boyd Addition, Sections One (1) and Six (6), Township One hundred Sixty-one (161) North, Range Thirty-two (32) and Thirty-one (31) West, respectively- Parcel ID#23.54.00.000. 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 Residential Development Zoning District (R1). 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 Interim Use Permit/Findings of Fact #24-05IU by Brian Erickson to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:

1. The interim use permit terminate 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.
7. Local contact person and emergency numbers must be posted in the dwelling.

Lake of the Woods County Board of Commissioners

Short-Term Vacation Rental Findings of Fact and Decision

Name of Applicant:  Brian Erickson Date:  October 8, 2024

Location/Legal Description:  Lot Five (5), Boyd Addition Parcel Number:  23.54.00.050

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 Residential (R1) Zoning 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?  Resort area and property is located in the growth corridor.

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

YES (X)  NO (  )  N/A (  )

Explain?  Applicant has met the criteria based upon the submitted application. 

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

Explain?  Residential.

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

Explain?  Public road, Stanton Drive.

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

Explain?  No change.

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?  As per submitted application.

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

Explain?  The water test results are part of the submitted application.

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

Explain?  The maximum number of occupants is limited to four (4) individuals.

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?  The septic system has a valid Certificate of Compliance and is sized for a 2-bedroom dwelling.

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

Explain?  The established 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 (X)  NO (  )  N/A (  )

Explain?  No signage has been requested.

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

YES (  )  NO (  )  N/A (X)

Explain?  No need for fencing and/or screening.

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.
7. Local contact person and emergency numbers must be posted in the dwelling.

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

October 8, 2024 _____________________________________

Date Cody Hasbargen

Chair, County Board

Consideration of Conditional Use Permit #24-04CU by Lyle and Pauline Longtin

That part of Government Lot Three (3), Section Five (5), Township One hundred Sixty-three (163) North, Range Thirty-four (34) West- Parcel ID#14.05.31.040. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap. 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 Conditional Use Permit/Findings of Fact #24-04CU by Lyle and Pauline Longtin to move more than ten (10) cubic yards of material withing the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap with the following conditions.

1. Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.
2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Lyle and Pauline Longtin Date:  October 8, 2024

Location/Legal Description:  That part of Government Lot 3, Section 5, Township 163N, Range 34W – Parcel ID#14.05.31.040.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap.

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?  Shoreline management.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not?  Shoreline protection.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Lake of the Woods.

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 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. Applicant is to follow DNR Guidance document titled “Shoreline Alterations:  Riprap”.
2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

        October 8, 2024 _____________________________________

Date Cody Hasbargen

        Chair, County Board

Consideration of Conditional Use Permit #24-05CU by Rocky Point Cabin, LLC

That part of Government lot Three (3), Section Five (5), Township one hundred and Sixty-three (163) North, Range Thirty-four (34) West- Parcel ID#14.05.31.030. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-05CU by Rocky Point Cabin, LLC to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap with the following conditions:

1. Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.
2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Rocky Point Cabin, LLC %Brett Longtin Date:  October 8, 2024

Location/Legal Description:  That part of Government Lot 3, Section 5, Township 163N, Range 34W – Parcel ID#14.05.31.030.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap.

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?  Shoreline management.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not?  Shoreline protection.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Lake of the Woods.

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 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. Applicant is to follow DNR Guidance document titled “Shoreline Alterations:  Riprap”.
2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

        October 8, 2024 _____________________________________

Date Cody Hasbargen

        Chair, County Board

Consideration of Conditional Use Permit #24-07CU By Wolverton Creek Outfitters, LLC

A tract in Government Lot 5, Section Thirty-four (34), Township One hundred Sixty-eight (168) North, Range Thirty-three (33) West-Parcel ID#03.34.32.015. Applicant is requesting a Conditional Use permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of constructing a rock rip rap project. 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 approve the following Conditional Use Permit/Findings of Fact #24-07CU by Wolverton Creek Outfitters, LLC to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of constructing a rock rip rap project with the following conditions: 

1. Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.
2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Wolverton Creek Outfitters, LLC Date:  October 8, 2024

Location/Legal Description:  That part of Government Lot 5, Section 34, Township 168N, Range 33W – Parcel ID#03.34.32.015.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap.

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?  Shoreline management.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not?  Shoreline protection.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Lake of the Woods.

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 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. Applicant is to follow DNR Guidance document titled “Shoreline Alterations:  Riprap”.
2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

October 8, 2024 _____________________________________

Date Cody Hasbargen

Chair, County Board

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various projects.

Hooper Creek Road Acceptance

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously with Commissioner Jon Waibel abstaining to accept Hooper Creek Loop within Section 18, T-161 N, R-31 Was Unorganized Township Road No. 217, and acknowledge that said road has been constructed to minimum unorganized township road standards.  The road is approximately 3,194 feet in length (0.60 miles) and shall be classified at maintenance level “A”.

Wetland Determination

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the certified wetland determination of three agricultural parcels and for Chair Cody Hasbargen to sign the same.

Closed Session

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-10-02

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on September 24^th, 2024 at 11:30 AM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.

Motion

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

Recess

A brief recess took place at 10:15 a.m. and reconvened at 10:30 a.m. at the site of the public hearing.

Public Hearing-Public Road Easement Vacation

Motion 

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the public hearing at the site of the public road easement. Present at the meeting: Commissioners: Cody Hasbargen, Joe Grund, Ed Arnesen, Jon Waibel and Buck Nordlof. Also present was: Auditor-Treasurer Lorene Hanson, County Engineer Anthony Pirkl, Marty Mollberg, and Woody Fiala.

Public Road Easement Vacation

The board reviewed documentation provided by Marty Mollberg and viewed the public road easement requested for vacation.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the public hearing and open the regular board meeting.

Resolution to Approve the Public Road Easement Vacation

Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and the same being put to a vote was unanimously carried and moved for adoption:

RESOLUTION VACATING A PUBLIC ROAD EASEMENT  

WALHALLA TOWNSHIP (UNORGANIZED) 

LAKE OF THE WOODS COUNTY

  Resolution No. 24-10-03

WHEREAS, the Lake of the Woods County Board, acting as the Town Board of unorganized Walhalla Township, Lake of the Woods County, Minnesota received a petition calling for the vacation of the following described public road easement pursuant to Minn. Stat. § 164.07:

The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line:  Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W

WHEREAS, said petition was signed by not less than eight voters of the town who own real estate, or occupy real estate under the homestead or preemption laws or under contract with the state, within three miles of the road;

WHEREAS, the road passes over the following described tract of land in Lake of the Woods County, Minnesota, owned by the following named owner:

Marty Mollberg, Parcel ID# 29.1044.000; SE1/4 SE1/4, Section 10, Township 160, Range 32

WHEREAS, the County Board conducted a public hearing on the petition on the 8^th day of October, 2024, after personal and posted notice provided by the petitioners pursuant to Minn. Stat. § 164.07, subd. 2, and published notice provided by the County Board;

WHEREAS, the petitioners presented the Board with affidavits at the hearing as proof that the required notice was given;

WHEREAS, the County Board examined the public road easement, heard the interested parties, and considered the matter;

WHEREAS, the County Board determined that the petitioned for action is consistent with the public interest;

WHEREAS, the County Board has examined the ditches lateral to the road and determined that said ditches are essential for surface drainage of adjacent lands or highways in support of the general health and welfare of the public;

WHEREAS, the Owner listed in Appendix A has released in writing all claims for damages from such vacation;

NOW, THEREFORE, BE IT RESOLVED, that the County Board, acting as the Town Board of unorganized Walhalla Township, Lake of the Woods County, Minnesota hereby vacates a town public road easement legally described as follows:

The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line:  Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W

BE IT FURTHER RESOLVED, that the Board does hereby preserve all rights and interests in the ditches lateral to the road as provided in Minn. Stat. § 164.07, subd. 3a and retains the rights to access the adjacent properties as needed to maintain said ditches;

BE IT FURTHER RESOLVED, that the Board Chair and Auditor/Treasurer are hereby authorized and directed to execute and record a town road order vacating said town public road easement and to record the same with the County Recorder of Lake of the Woods County;

BE IT FINALLY RESOLVED, that the Auditor/Treasurer is authorized and directed to provide a copy of this resolution to each of the affected owners listed above.

Adjourn

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at the site of the public hearing at 10:40 a.m. 

Attest: October 22, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

October 24, 2023

The Lake of The Woods County Board of Commissioners met in regular session on October 24, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

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 changed: Add: Permission to Sign Closing Documents. Remove: Hoffman, Phillipp, & Martell, PLLC Audit Exit Review.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of October 10, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $5,369.60; Commissioners Warrants $1,152.01; Commissioners Warrants $6,473.27.

2024 MFIP Contract

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the 2024 Minnesota Family Investment Program (MFIP) Purchase of Services Contract.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $102,989.46; Road & Bridge $162,103.81; County Development $950.00; Joint Ditch $10,900.00; Solid Waste $17,597.43; EDA $1,108.41; Tourism $65,030.89.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/24/2023 For Payment 10/27/2023

Vendor Name Amount

Baudette/City Of 32,100.00

Braun Intertec Corporation 12,581.75

Cenex Co-Op Services, Inc. 8,088.55

Counties Providing Technology 4,204.00

Dentons Dirt Worx, LLC 17,304.50

Dodge of Burnsville Inc 78,318.00

Erickson Engineering Company, LLC 5,117.00

Gamache/Micheal D 9,900.00

John Deere Financial 2,118.80

Lake Superior College 3,150.00

Larkin Hoffman Attorneys 11,725.00

LaValla Electric DBA/Ned 6,746.24

LOW Area Tourism Bureau 32,930.89

Mn Dept Of Transp 5,864.63

Motorola Solutions, Inc 7,094.88

North East Technical Service,Inc 9,362.07

Northwest Mn Multi-County Hra 40,000.00

Outdoors Again 2,072.95

Team Lab 35,406.25

Titan Machinery – Roseau 2,227.25

U.S. Bank Equipment Finance 6,268.50

Wex Bank 2,678.14

40 Payments less than 2000 25,420.60

Final Total: 360,680.00

Further moved to authorize the payment of the following auditor warrants: October 11, 2023 for $41,097.65; October 18, 2023 for $88,544.58

Approval of the State of Minnesota Special Law Authorization

Resolution

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

COUNTY OF LAKE OF THE WOODS

RESOLUTION NO. 23-10-03

A RESOLUTION TO APPROVE STATE OF MINNESOTA SPECIAL LAW AUTHORIZING LAKE OF THE WOODS COUNTY LODGING TAX

WHEREAS, on May 21, 2023 the Minnesota Senate approved Finance HF Bill1938 (“Special Law”) authorizing a special Lake of the Woods County lodging tax.

WHEREAS, on May 23^rd, 2023 the bill was presented to Governor Timothy Walz and was subsequently approved by Governor Walz on May 24th 2023 and filed with the Minnesota Secretary of State on May 24th 2023.

WHEREAS, said Special Law authorizes:

the Board of Commissioners of Lake of the Woods County to impose, by ordinance, a tax of up to 3% on gross receipts in Lake of the Woods County subject to the lodging tax provisions under Minnesota statute section 469.190;

the provisions of paragraph(a) do not apply to any statutory or home rule city or town located in Lake of the Woods County that imposes a lodging tax under Minnesota Statutes, section 469.190, or the city of Baudette. The total tax imposed under Minnesota Statutes, section 469.190, and this section must not exceed 3%.

To the extent not inconsistent with Minnesota Statutes, section 469.190, this section is governed by Minnesota Statutes, section 469.190.

Revenues derived from taxes imposed under this section must be used to fund a new Lake of the Woods County Event and Visitors Bureau, as established by the Board of Commissioners of Lake of the Woods County, for purposes of marketing Lake of the Woods County. The Board of Commissioners must annually review the budget of the Event and Visitors Bureau. The Event and Visitors Bureau may receive revenues raised from the taxes imposed under the section only upon annual approval by the Board of Commissioners of the Event and Visitors Bureau budget.

EFFECTIVE DATE: this section is effective the day after the governing body of Lake of the Woods County and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions two and three. 

WHEREAS, at a regular Board meeting held on October 24th 2023, the Board of Commissioners of Lake of the Woods County reviewed and discussed the Special Law.

WHEREAS,  following discussion and by unanimous vote of all of the members of the Lake of the Woods County Board of Commissioners, the Special Law was approved.

WHEREAS, the Board of Commissioners directed chief clerical officer, Lorene Hanson, Lake of the Woods County Auditor-Treasurer to file with the Secretary of State of Minnesota, a certification stating the essential facts necessary to validly approve the Special Law including a copy of the Resolution.

NOW THEREFORE, BE IT RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS LAKE OF THE WOODS COUNTY, MINNESOTA AS FOLLOWS:

By unanimous vote, the Board of Commissioners of Lake of the Woods County accepts and approves the Special Law (HF 1938) which was approved by the Governor on May 24th 2023.

The Chief clerical officer of Lake of the Woods County, Lorene Hanson, Lake of the Woods County Auditor-Treasurer shall forthwith file a certificate with the Minnesota Secretary of State stating the essential facts necessary to confirm valid approval of said Special Law. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 24^th day of October, 2023. 

Approval of Insurance Rates

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve a $25.00 health insurance single and family cap increase for 2024. 

AIRMED Guardian Flight Contract Renewal

Motion

Motion was made by Commissioner Joe Grund, seconded by Buck Nordlof and carried unanimously to approve the renewal of the AirMed Contract Agreement for 2024.

Approval of Consulting Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Consulting Services Contract between USI Consulting Services Inc. and Lake of the Woods County effective January 1, 2025 to December 31, 2025.

Veterans Grant Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the State of Minnesota Department of Veterans Affairs Grant in the amount of $7,500.00.

Approval to Sign Closing Documents-Land Purchase

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the closing documents for the purchase of the Johnson property and for County Auditor-Treasurer Lorene Hanson and Chair Ed Arnesen to sign the same. 

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various road projects and gave a reminder for the upcoming Solid Waste meeting November 9, 2023 at 9:00 a.m.

Human Resources

Permission to Hire Part-Time Dispatch

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the re-hire of Amanda Peterson as part-time dispatch at Grade 11, Step 3, $23.22 per hour at 253 points effective after November 1, 2023.

Financial Assistance Supervisor Grade Increase

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve a grade increase for Financial Assistance Supervisor Angie Eason from Grade 15, Step 12 to Grade 16, step 12 $35.97 per hour at 369 points.

Social Worker Supervisor Grade Increase

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a grade increase for the Social Worker Supervisor Jodi Ferrier from Grade 18, Step 9 to Grade 19, Step 9 $40.12 per hour at 443 points.

Approval to Advertise, Interview, & Hire- Appraiser

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to Advertise, Interview, & Hire for a full-time Appraiser.

Approval of Grade Increases for Appraiser

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve Grade Increases for Appraiser I, II, & III from Grades 11, 13, 14 to Grade 12 points 280, Grade 14 points 316, Grade 15 points 339.

Approval of Grade Increase for Appraiser Tyler Swanson

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a grade increase for Appraiser II Tyler Swanson from Grade 13, Step 4 to Grade 14, Step 4 $27.77 per hour at 316 Points effective next pay period.

EDA Director Discussion

The board briefly discussed the recent vacancy of the EDA Director position.

Recess

A brief recess took place at 9:45 a.m. and reconvened at 9:50 a.m.

Ninth District Court

Request for Security Equipment

Court Administrator Pamela Shaw and Judge Dixon came to the board to request specific security equipment to be installed in the court room and court administration office.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request for three panic buttons, frost/tint on windows, a monitor, and cameras to be paid for out of ARPA funds.

Recess

A brief recess took place at 10:22 and reconvened at 10:40a.m. 

Closed Session-Union Negotiations

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 23-10-03

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on October 24^th, 2023 at 10:40 AM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

2. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.

Motion to Close/Open

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the closed session Union Negotiations MN Statute 13D.03, Sub 1 and open the regular meeting.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at 11:06a.m.

Attest: October 24, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Ed Arnesen

October 10, 2023

The Lake of The Woods County Board of Commissioners met in regular session on October 10, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of September 26, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $30,948.04; Commissioners Warrants $3,431.75; Commissioners Warrants $4,284.57.

MFIP Biennial Service Agreement for 2024-25

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the 2024-2025 County Minnesota Family Investment Program (MFIP) Biennial Service Agreement.

Public Works

Updates

County Engineer Anthony Pirkl gave a brief update on various Highway and Landfill Projects.

Frontier Precision Purchase

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Frontier Precision purchase in the amount of $7,468 to be paid for by SWCD.

Pine Island Barrier Study

County Engineer Anthony Pirkl gave an update on the Pine Island Barrier Study and informed the board that the $21,500.00 previously set aside and approved out of ARPA funds will be used for this project.

Auction Items

County Engineer Anthony Pirkl requested approval from the board to auction various items in a sealed bid newspaper auction.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the request to hold a sealed bid newspaper auction.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $59,457.30; Road & Bridge $101,577.92; Solid Waste $34,612.54.

 WARRANTS FOR PUBLICATION

                              Warrants Approved On 10/10/2023 For Payment 10/13/2023

Vendor Name Amount

Accurate HD Ltd. 4,878.00

Cenex Co-Op Services, Inc. 2,574.38

Farmers Union Oil company 3,250.51

Frontier Precision Inc 7,468.36

Howard’s Oil Company 6,418.87

Integris LLC 2,161.28

Justin C. Reitmeier 35,750.00

LOW Highway Dept 6,386.77

Mar-Kit Landfill 15,307.50

Marco Technologies LLC 3,303.49

Moren/Law Offices Of Patrick D 8,803.60

R & Q Trucking, Inc 6,110.00

Sir Lines-A-Lot, LLC 42,438.28

Titan Energy Systems, Inc 3,079.92

True North Equipment Co 12,236.73

University Of Mn 14,752.69

50 Payments less than 2000 20,727.38

Final Total: 195,647.76                           

Further moved to authorize the payment of the following auditor warrants: September 27, 2023 for $1,532,671.66; September 29,2023 for $258,557.60; September 29, 2023 for ($1.00); October 4, 2023 for $206,912.70; October 5, 2023 for $274,405.53; October 5, 2023 for ($1,450.10).

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for Maintenance for October 24, 2023 following the regular board meeting.

Purchase Approval- Lawnmower

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of a John Deere lawnmower in the amount of $12,236.73 to be paid for out of ARPA funds.

Approval of Flu Shots

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve Lakewood Health to administer the flu vaccine to county employees at the Lake of the Woods County Government Center. 

Human Resources

Accept Resignation

Human Resources Director Savanna Slick informed the board that the county received a resignation notice from Assessment Technician Emily Brandt effective December 15, 2023. 

Approve Interim Assessment Technician

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve Christie Russel as interim Assessment Technician in addition to her current position in the Recorder’s office for six months with a monthly stipend of $1,000.00 effective October 10, 2023 and ending April 10, 2024.

Permission to Advertise, Interview, & Hire

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the request to Advertise, Interview, & Hire for a position in the Assessor’s office.

Joining the Meeting

Chair Ed Arnesen joined the meeting at 9:30a.m.

HRA Loan Program

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to give $40,000.00 from ARPA funds to the HRA Loan Program.

Land & Water

Block Grant Approval

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the electronic signature of the Block Grant in the amount of 195,681.00.

Consideration of Conditional Use Permit Application #23-15CU by Dennis Braaten and James Frohreich

Tracts in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel ID#19.17.23.020 and 19.17.23.010. Applicants are requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage that occurred during the 2022 high water event and to move more than 50 cubic yards of material outside the shore impact zone for the construction of a dike. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact to allow the applicants to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage that occurred during the 2022 high water event and to move more than 50 cubic yards of material outside the shore impact zone for the construction of a dike as presented. 

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Dennis Braaten and James Frohreich Date:  October 10, 2023

Location/Legal Description:  Tracts in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.020 and 19.17.23.010

Project Proposal: Applicants are requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage that occurred during the 2022 high water event and to move more than 50 cubic yards of material outside the shore impact zone for the construction of a dike. Lake of the Woods is a General Development Lake.

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?  Shoreline protection.

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

YES (X)  NO (  )  N/A (X)

Why or why not?   Earthen dike to protect private infrastructure such as septic systems, well, houses, etc.

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

Why or why not?  Shoreline protection.

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

Why or why not?  Remain the same.

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

Why or why not?  Lake of the Woods shoreline.

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 (  )  NO (  )  N/A (X)

Why or why not? ________________________________________________________________________

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

Why or why not?  Shoreline.

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

Why or why not?  Erosion protection for Lake of the Woods.

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?   No signs associated with this proposal.

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? ________________________________________________________________________

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: ____________________________________________________

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

October 10, 2023 ` _____________________________________

Date Ed Arnesen

        Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit Application #23-16CU by Terry and Susannah Brateng

Lot 13, Block 1, Riverside Plat in Section Seventeen (17), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) Parcel ID#24.50.01.130. 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 Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Conditional Use Permit/Findings of Fact to allow the applicant to use a Recreational Vehicle (RV) in a Residential Development (R1) Zoning District on Rainy River with the following conditions:

1. A holding tank is allowed until a well is drilled and services the property. Upon a well servicing the property, a full septic system is required to be installed.
2. CUP expires 12-31-25 and the camper must be removed.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Terry and Susannah Brateng Date:  October 10, 2023

Location/Legal Description:  Lot 13, Block 1, Riverside Plat in Section Seventeen (17), Township One Hundred Sixty-One (161) North, Range Thirty-One (31) West (Baudette) – Parcel ID#: 24.50.01.130

Project Proposal: 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.

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?  Recreational water frontage.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ________________________________________________________________________

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 (X)  NO (  )  N/A (  )

Why or why not?  No change.

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?  Riverside Drive Northwest.

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

Why or why not?  Residential neighborhood and the camper is temporary until applicant  builds a permanent structure within the next two (2) years.

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

Why or why not?   Rainy River frontage.

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 (X)  NO (  )  N/A (  )

Why or why not?  No change.

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

Why or why not?  Spell out in conditions.

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? ________________________________________________________________________

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

The specific conditions of approval are as follows:

1. A holding tank is allowed until a well is drilled and services the property. Upon a well servicing the property, a full septic system is required to be installed.
2. CUP expires 12-31-2025 and the camper must be removed.

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

October 10, 2023 ` _____________________________________

Date Ed Arnesen

        Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit Application #23-17CU by Dallas Schwandt (Nels Holte Agent)

A tract in Government Lot Three (3), Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID#19.17.24.070 (For Reference Only). Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to allow a commercial use consisting of a private winter ice fishing access road to Lake of the Woods in a Residential Development Zoning District (R1). Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact to allow a commercial use consisting of a private winter ice fishing access road to Lake of the Woods in a Residential Development Zoning District (R1) with the following conditions:

1. The Conditional Use Permit expires upon sale or transfer of the property, except if sold or transferred to the designated agent, as identified in application #23-17CU.
2. No parking or storage of vehicles, ice fishing equipment, or any other related items pertaining to the project proposal shall occur on the property.
3. A single four (4) foot x eight (8) foot sign is allowed, and it must state that this is a private road only. It is not for public access. The sign shall be seasonal and is allowed to be placed on the property from December 1-April 30.
4. No parking or storage is allowed on County Road 4.
5. Must be in compliance with Solid Waste.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Dallas Schwandt (Nels Holte Agent) Date:  October 10, 2023

Location/Legal Description:  A tract in Government Lot Three (3), Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.17.24.070 (For Reference Only).

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to allow a commercial use consisting of a private winter ice fishing access road to Lake of the Woods in a Residential Development Zoning District (R1). Lake of the Woods is a General Development Lake.

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?  Recreational development to provide lake access.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ________________________________________________________________________

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 (X)  NO (  )  N/A (  )

Why or why not?  No change as the access will be on frozen ground.

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

Why or why not?  This type of proposal is consistent with the Lake of the Woods County Floodplain Ordinance.

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 4 (Graceton Beach Road NW).

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

Why or why not?   Commercial opportunities exist along Graceton Beach Road and in the vicinity of this proposal. Morris Point is located to the east and an additional ice fishing business is located to the west.

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

Why or why not?  Access to Lake of the Woods.

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 (X)  NO (  )  N/A (  )

Why or why not?  One 4’x8’ sign designating lake access will be placed on a seasonal basis. Dec 1 to April 30^th.

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

Why or why not?   No parking on site.

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

The specific conditions of approval are as follows:

1. The Conditional Use Permit expires upon sale or transfer of the property, except if sold or transferred to the designated agent, as identified in application #23-17CU.
2. No parking or storage of vehicles, ice fishing equipment, or any other related items pertaining to the project proposal shall occur on the property.
3. A single four (4) foot x eight (8) foot sign is allowed, and it must state that this is a private road only. It is not for public access. The sign shall be seasonal and is allowed to be placed on the property from December 1 – April 30.
4. No parking or storage is allowed on County Road 4.
5. Must be in compliance with the Lake of the Woods County Solid Waste Ordinance.

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

October 10, 2023 ` _____________________________________

Date Ed Arnesen

        Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Recess

A brief recess took place at 10:05a.m. and reconvened at 10:10a.m.

Closed Session-Union Negotiations

Resolution

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

        Closed Session-Union Negotiation

          RESOLUTION NO. 23-10-01

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on October 10^th, 2023 at 10:15 AM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

2. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.

Motion to Close/Open

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the closed session Union Negotiations MN Statute 13D.03, Sub 1 and open the regular meeting.

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set a work session for the Sheriff’s Office on October 24, 2023 following the regular board meeting.

Approval of Step Increases for Highway and Solid Waste

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following step increases for Highway and Solid Waste:

Cody Nelson-Grade 12, Step 2, $23.97 per hour (1 Step Increase)

Curt Ferrier- Grade 12, Step 3, $24.47 per hour (1 Step Increase)

Corey Olson-Grade 12, Step 2, $23.97 per hour (1 Step Increase)

Grant Stebakken- Grade 12, Step 2, $23.97 per hour (1 Step Increase)

Kraig Stokke- Grade 12, Step 3, $24.47 per hour (2 Step Increase)

Greg Ganje- Grade 12, Step 2, $23.97 per hour (1 Step Increase)

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to adjourn the meeting at 10:40 a.m.

Attest: October 10, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Ed Arnesen

October 25,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 25, 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, Ed Arnesen, Jon Waibel, and Cody Hasbargen. Also present was County Auditor/Treasurer Lorene Hanson. 

Approval of Agenda

Motion

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

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from October 11, 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 $12,814.98; Commissioners Warrants $5,656.98; Commissioners Warrants 4,843.82.

Approval of County Credit Card for Katy Johnson

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve a county credit card for Katy Johnson.

Approval of Tri-Valley-RTC Transportation Contract

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Tri-Valley-RTC Transportation Contract as presented by Social Services Director Amy Ballard. 

Auditor/Treasurer

Claims

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $74,087.05; Road & Bridge $64,459.24; County Development $1,875.00; Solid Waste $14,276.94; EDA $1,055.17.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/25/2022 For Payment 10/28/2022

Vendor Name Amount

Accurate HD Ltd. 40,650.00

Cenex Co-Op Services, Inc. 16,640.90

E & L Electric Inc 4,400.00

Integris DBA 6,099.59

Integris LLC 2,515.36

Johnson Auto & Machine 2,370.07

Lake Area Construction Inc 28,925.00

Lake of the Woods Electric LLC 5,458.41

Larkin Hoffman Attorneys 7,375.00

Riopelle/David 5,000.00

SeaChange Print Innovations 5,285.69

U.S. Bank Equipment Finance 6,268.50

Whitt Environmental Services,Inc. 3,639.00

WIDSETH 3,125.00

48 Payments less than 2000 18,000.88

Final Total: 155,753.40

Further moved to authorize the payment of the following auditor warrants: October 14, 2022 for $45,237.70; October 19, 2022 for $338,005.43.

Approval of Health Insurance Rates

Motion

Motion was made by Commissioner Joe Grund seconded by Commissioner Jon Waibel and carried unanimously to approve the increase of the health insurance rates for family up to $1370.00 and individual up to $1020.00 effective January 2023. 

Public Works

County Engineer Anthony Pirkl gave a brief update on various projects in the highway department. 

Approval of Maintenance Agreement with City of Baudette

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the contract between Lake of the Woods County and the City of Baudette for road maintenance including: snow plowing, and street sweeping.

Agreement to Receive Bridge Bond Funds

Resolution

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

RESOLUTION

AGREEMENT TO STATE TRANSPORTATION FUND

LOCAL BRIDGE REPLACEMENT PROGRAM

Grant Terms and Conditions

SAP   039-598-071

Resolution No. 22-10-02

WHEREAS, Lake of the Woods County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Bridge No. 39532; and

WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and

WHEREAS, the amount of the grant has been determined to be $141,279.20 by reason of the lowest responsible bid;

NOW THEREFORE, be it resolved that Lake of the Woods County   does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required.  The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.

Cliffs Natural Resources Update

The Commissioners discussed a request from Cliffs to amend the standards set in an agreement that was made between Lake of the Woods County, DNR, and Cliffs Natural Resources. No action was taken at this time.

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 9:45 a.m.

Attest: November 15, 2022

______________________________ _________________________________

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