September 14, 2021

Commissioner Proceedings

September 14, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 14, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add – Public Works/Highway: Approve Final for SAP 039-633-003 and Designate CRRSAA Funds, Add – Board of Adjustment: Board Appointment.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of August 24, 2021.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of September 7, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $9,372.00; Commissioners Warrants $3,109.18; Commissioners Warrants $20,328.73.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $196,540.45; Road & Bridge $112,044.26; County Development $200; Joint Ditch $9,125; Solid Waste $49,647.44; EDA $3,337.86. 

WARRANTS FOR PUBLICATION

Warrants Approved On 9/14/2021 For Payment 9/17/2021

Vendor Name Amount

Allstates Pavement Recycling & Stab. Inc 17,757.07

Cenex Co-Op Services, Inc. 10,252.40

CentralSquare Technologies, LLC 138,296.48

Compudyne, Inc 12,924.85

Counties Providing Technology 3,860.00

FleetPride 3,008.96

Freeberg & Grund, Inc 27,471.65

Howard’s Oil Company 3,148.07

LOW Highway Dept 11,603.35

Mar-Kit Landfill 15,475.50

Olson Construction Bdt LLC 15,850.00

Plutko Plumbing & Heating 5,388.09

Powerplan 3,529.90

Titan Machinery – Roseau 3,400.90

Traffic Marking Service, Inc. 23,852.56

Voice Products 2,245.00

Walker Pipe & Supply 3,788.00

Wilkens Industries 27,930.11

Woody’s Service 4,184.81

WSB 6,932.50

57 Payments less than 2000   29,994.81

Final Total:                                                               $370,895.01

Further moved to authorize the payment of the following auditor warrants: August 25, 2021 for $312,731.31; August 26, 2021 for $244,626.93; August 27, 2021 for $1,609,810.00; September 1, 2021 for $252,568.37; September 2, 2021 for $1,770,275.37; September 8, 2021 for $352,419.26; September 8, 2021 for ($108.32).

Set Proposed Budget

Resolution

Resolution Adopting

Proposed 2022 Budget and Tax Levy

Resolution   2021-09-01

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

WHEREAS, the Proposed County Budget for the year 2022 has been reviewed by the Lake of the Woods County Board of Commissioners; and 

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2022:

Revenue Fund $ 1,912,390

Road & Bridge Fund $    449,580

Social Services Fund $    603,935

Economic Development Authority Fund $      60,000

2022 Proposed Budget and Tax Levy $ 3,025,905   

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2022:

Twp Road & Bridge $   471,470* 

Twp Fire – Baudette $     25,000

Twp Fire – Williams $     16,274

Twp Fire – NW Angle $       6,500

Total $   519,244

2022

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

A public meeting to discuss the 2022 Proposed Budget and Tax Levy will be held on Tuesday, December 14, 2021, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 

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

SET DATE FOR ASSESSOR WORK SESSION

A work session with the Assessor’s Office was scheduled for Tuesday, October 12th, following the Board Meeting, at 1:00 p.m.

EXTENSION COMMITTEE APPOINTMENT
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to appoint Colleen Stanton to the Extension Committee effective September 14, 2021.

BOARD OF ADJUSTMENT APPOINTMENT

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to appoint Nancy Dunnell to the Board of Adjustments effective September 14, 2021.

NORTHWEST ANGLE EDGE RIDERS
Gambling Application
Resolution
The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously the following:

RESOLUTION APPROVING A LEASE FOR

LAWFUL GAMBLING ACTIVITY AND PREMISES PERMIT APPLICATION

RESOLUTION NO. 21-09-02

WHEREAS; the Northwest Angle Edge Riders has submitted a lease for lawful gambling activity and a premise permit application for Minnesota Lawful Gambling to be conducted at the following establishments, which are located in Lake of the Woods County:

Sunset Lodge
3179 Oak Island, Oak Island, MN 56741

Sportsman’s Oak Island Lodge, Inc.

838 Oak Island, Oak Island, MN 56741

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said application for submission to the Minnesota Gambling Control Board.

Northerly Park

Update

Joe Laurin from the Northwest Angle Edge Riders provided an update on the Northerly Park and a recent visit from the Greater Minnesota Parks and Trails Commission.

Resolution

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

Support for the Northwest Angle Edge Riders
Grant Request from
Greater Minnesota Regional Parks and Trails Commission 

2021-09-03

WHEREAS; Northwest Angle Edge Riders met with Lake of the Woods County Board of Commissioners on September 14, 2021 to discuss grant opportunities to create a Park at Angle Inlet/Northwest Angle;

WHEREAS; The park plans for Northerly Park in Lake of the Woods County is significant and exciting for it would be the most northern park in the lower 48; 

NOW THEREFORE, BE IT RESOLVED THAT; the Lake of the Woods County Commissioners supports the Northwest Angle Edge Riders and their grant request with the Greater Minnesota Regional Parks and Trails Commission.  Lake of the Woods County does not have an existing park in Angle Inlet/Northwest Angle.  

PUBLIC WORKS

Highway
Approve Final SAP 039-633-003

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the final payment for SAP 039-633-003 for Wheelers Point Sewer District, Baudette, MN in the total amount of $877,035.44 and hereby authorize final payment of $23,314.89.

Designate CRRSAA Funds

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to designate the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act funds of $134,923 to County Road Construction use by 2024.

Add to Agenda:
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to add Solid Waste/Garage Door Project to the Agenda under Public Works.

Solid Waste

Garage Door Project
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve replacement of three garage doors with Borgen Construction, quoted at $38,000.

SOIL AND WATER CONSERVATION DISTRICT

MOA Rainy-Rapid One Watershed, One Plan
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Memorandum of Agreement for the Rainy-Rapid One Watershed, One Plan with Lake of the Woods Soil and Water Conservation District and for Chair Joe Grund to sign the same.

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to appoint Commissioner Cody Hasbargen and Commissioner Ed Arnesen to the Rainy-Rapid One Watershed, One Plan Committee.

LAND AND WATER PLANNING
Consideration of Zone Change #21-01ZCV by Crown Holdings, LLC
Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-01ZCV by Crown Holdings, LLC:  The SW¼NW¼, Section Thirty-six (36), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) West – Parcel ID# 19.36.23.000. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Residential (R1) Zoning District for the purposes of a subdivision and development of lots.  Stromlund reviewed the Findings of Fact with the Board.

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Jon Waibel and carried unanimously to approve the Consideration of Zone Change #21-01ZCV by Crown Holdings, LLC from a Rural Residential (R2) Zoning District to a Residential (R1) Zoning District for the purposes of a subdivision and development of lots.

Lake of the Woods County Rezoning

Findings of Fact and Decision

Name of Applicant:Crown Holdings, LLCDate:September 14, 2021
Location/Legal Description:SW¼NW¼ section 36, T. 162N, R. 32W
Current Zoning Classification:Rural Residential (R2)Proposed:Residential (R1)
Parcel Number(s):19.36.23.000Application Number:21-01ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

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

X Yes ___No

Comments:Changing from R2 to R1 for platting is consistent with the “Growth Corridor”.
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

X Yes ___No

Comments:There is a mixture of Commercial-Recreation, Rural Residential, and Residential zoning
districts in the immediate vicinity of the property.
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes X No

Comments:There is already a mixture of Commercial-Recreation, Rural Residential, and 
Residential zoning districts in the immediate vicinity of the property.
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

X Yes ___No

Comments:The property is currently served by Highway 172 on the west, 27th Street NW on the 
north, and a proposed road to service the proposed lots. Adequate soils exist for septic systems, except in the extreme south end of the property.
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

X Yes ___No

Comments:No additional public services are needed. There are existing utilities adjacent to property 
and easements for said utilities will be provided.
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes X No

Comments:There will be change.
  1. Has there been a change in the development in the general area of the property in questions?

X Yes ___No

Comments:Increased need for residential dwellings. Also, there has been an increase in long-term 
vacation rentals.
  1. Will the zone change have a negative effect on property values in the neighborhood?

_Yes X No

Comments:
Conditions: 

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

_____________________________________ September 14, 2021

Joe Grund, Chair, County Board of Commissioners

Consideration of Conditional Use Permit #21-11CU by Paul Haugo
Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-11CU by Paul Haugo:  Lots 9 and 10, Block 1, Wildwood North Subdivision, Section Nine (9), Township One Hundred Sixty-two (162) North, Range Thirty-three (33) West – Parcel ID#: 18.50.01.090 and 18.50.01.100. Applicant is requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) yards of material within the shore impact zone and more than fifty (50) yards outside of the shore impact zone of Zippel Bay of Lake of the Woods. Lake of the Woods is a general development lake.  Stromlund reviewed the Findings of Fact with the Board and informed the Board that the Planning Commission recommends approval with conditions.  The specific conditions of approval are as follows:

  1. The applicant must apply for a Minnesota Department of Natural Resources (DNR) after-the-fact public waters permit to authorize riprap installed below the Ordinary High-Water Level (OHWL) of Zippel Bay, or, remove and construct the riprap project to meet the no-permit criteria from the DNR and restore vegetation in its place.
  2. The applicant must remove the crushed granite walking path from the top of the riprap and install a ten (10) foot wide native plant buffer in its place.
  1. The applicant must restore vegetation coverage within the shore impact zone of Lots 9-10, Block 1, Wildwood North subdivision.
  1. The applicant must identify the amount of impervious surface installed on Lots 9-10, Block 1, Wildwood North subdivision and remove impervious surface coverage, if necessary, not to exceed 25% of the total lot area.
  1. The activities outlined in the above conditions must be completed prior to July 31, 2022.

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Conditional Use Permit #21-11CU by Paul Haugo with the following conditions:

  1. The applicant must apply for a Minnesota Department of Natural Resources (DNR) after-the-fact public waters permit to authorize riprap installed below the Ordinary High-Water Level (OHWL) of Zippel Bay, or, remove and construct the riprap project to meet the no-permit criteria from the DNR and restore vegetation in its place.
  2. The applicant must remove the crushed granite walking path from the top of the riprap and install a ten (10) foot wide native plant buffer in its place.
  1. The applicant must restore vegetation coverage within the shore impact zone of Lots 9-10, Block 1, Wildwood North subdivision.
  1. The applicant must identify the amount of impervious surface installed on Lots 9-10, Block 1, Wildwood North subdivision and remove impervious surface coverage, if necessary, not to exceed 25% of the total lot area.
  1. The activities outlined in the above conditions must be completed prior to July 31, 2022.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Paul Haugo Date:  September 14, 2021 

Location/Legal Description:  Lots 9 and 10, Block 1, Wildwood North Subdivision, Section 9, T. 162N, R. 33W

Project Proposal: Applicant is requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) yards of material within the shore impact zone and more than fifty (50) yards outside of the shore impact zone of Zippel Bay of Lake of the Woods. 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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? Shoreline protection.

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

Why or why not? Removed trees and changed slope to shore.

  1. 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? Shoreline

  1. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (  )  NO (X)  N/A (  )

Why or why not? To be based on DNR findings.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

Why or why not? Shoreline protection.

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

Why or why not? ______________________________________________________

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

Why or why not? Removed vegetative screening.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                                         YES (  )  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. The applicant must apply for a Minnesota Department of Natural Resources (DNR) after-the-fact public waters permit to authorize riprap installed below the Ordinary High-Water Level (OHWL) of Zippel Bay, or, remove and construct the riprap project to meet the no-permit criteria from the DNR and restore vegetation in its place.
  1. The applicant must remove the crushed granite walking path from the top of the riprap and install a ten (10) foot wide native plant buffer in its place.
  1. The applicant must restore vegetation coverage within the shore impact zone of Lots 9-10, Block 1, Wildwood North subdivision.
  1. The applicant must identify the amount of impervious surface installed on Lots 9-10, Block 1, Wildwood North subdivision and remove impervious surface coverage, if necessary, not to exceed 25% of the total lot area.
  1. The activities outlined in the above conditions must be completed prior to July 31, 2022.

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

_______________ _____________________________________

Date Joseph Grund,  Chair, County Board
This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit #21-12CU by Hapka Holdings, LLC
Consideration of Conditional Use Permit #21-12CU by Hapka Holdings, LLC: Government Lot One (1) less deeded the north six hundred sixty feet (660’) of Government Lot Two (2) less the south four hundred fifty feet (450’) of Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID# 24.07.22.000. Applicant is requesting a Conditional Use Permit as required by Section 902 of Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone of Rainy River. Rainy River is an agricultural river segment. Stromlund reviewed the Findings of Fact with the Board and informed the Board that the Planning Commission recommends approval with conditions.  The specific conditions of approval are as follows:

  1. Follow DNR construction criteria for private boat ramps.
  2. Proper erosion control must be implemented and remain until disturbed soil is fully vegetated.
  3. The private boat ramp is limited to the area identified in the application.

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Conditional Use Permit #21-12CU by Hapka Holdings, LLC, with the following conditions:

  1. Follow DNR construction criteria for private boat ramps.
  2. Proper erosion control must be implemented and remain until disturbed soil is fully vegetated.
  3. The private boat ramp is limited to the area identified in the application.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Hapka Holdings, LLC Date:  September 14, 2021

Location/Legal Description:  Gov’t Lot 1, Section 7, T. 161N, R. 31W

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 902 of Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone of 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? River access/recreational.

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 (X) NO (  )  N/A (  )

Why or why not? To follow DNR specs.

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

Why or why not? Will not or little change.

  1. 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? Shoreland river access.  

  1. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (X)  NO (  )  N/A (  )

Why or why not? To follow DNR specs.

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

Why or why not? ______________________________________________________

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

Why or why not? Recreational area/residential.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Private launch site.

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 (X)  NO (  )  N/A (  )

Why or why not? No change.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                        YES (  )  NO (X)  N/A (  )

Why or why not? Private launch.

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. Follow DNR construction criteria for private boat ramps.
  2. Proper erosion control must be implemented and remain until disturbed soil is fully vegetated.
  3. The private boat ramp is limited to the area identified in the application.

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

_______________ _____________________________________

Date Joseph Grund Chair, County Board

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

Consideration of Conditional Use Permit #21-13CU by Nels Holte
Consideration of Conditional Use Permit #21-13CU by Nels Holte: Government Lot Three (3), Section Seventeen (17), Township One Hundred Sixty-two North (162), Range Thirty-two West (32) with Parcel ID# 19.17.24.010. Applicant is requesting a Conditional Use Permit as required by Section 902 of 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 a riprap project. Lake of the Woods is a General Development Lake.  Stromlund reviewed the Findings of Fact with the Board and informed the Board that the Planning Commission recommends approval with conditions.  The specific conditions of approval are as follows:

  1. The applicant must follow the Minnesota Department of Natural Resources requirements for installation of riprap and if applicable, obtain the necessary permits from this agency.

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Conditional Use Permit #21-13CU by Nels Holte, with the following conditions:

  1. The applicant must follow the Minnesota Department of Natural Resources requirements for installation of riprap and if applicable, obtain the necessary permits from this agency.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Nels Holte Date:  September 14, 2021

Location/Legal Description:  Gov’t Lot 3, Section 17, T. 162N, R. 32W

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 902 of 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 a riprap project. 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 stabilization.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? Shoreline stabilization.

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

Why or why not? Will not.

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

Why or why not? ______________________________________________________

  1. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

            YES (X)  NO (  )  N/A (  )

Why or why not? DNR requirements. 

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

            YES (X)  NO (  )  N/A (  )

Why or why not? Shoreland stabilization.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

              YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                                                                 YES (  )  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. The applicant must follow the Minnesota Department of Natural Resources requirements for installation of riprap and if applicable, obtain the necessary permits from this agency.

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

_______________ _____________________________________

Date Joseph Grund, Chair, County Board

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

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 10:13 a.m.

Attest: September 28, 2021

_________________________________ _________________________________

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

August 10, 2021

Commissioner Proceedings

August 10, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 10, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add – Motion to Approve Grant Contract SPAP-21-0018-P-FY22, Add – COVID-19, Add – SURVEY.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of July 27, 2021.

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 $14,748.13; Commissioners Warrants $1,513.79; Commissioners Warrants $9,839.44.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $199,589.79; Road & Bridge $240,515.32; Road & Bridge $15,025.56; Joint Ditch $7,708.25; Solid Waste $26,044.05; EDA $44.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 8/10/2021 For Payment 8/13/2021

CentralSquare Technologies, LLC     138,296.48

Contech Engineered Solutions LLC       14,245.00

Counties Providing Technology         3,860.00

Extreme Duty Ironworks         5,200.00

Fort Distributors Ltd       34,020.00

H & R Const.Co                       11,787.50

Howard’s Oil Company       13,891.08

Knife River Corporation     117,028.44

Lavalla Sand & Gravel Inc       45,067.00

LHB Inc         2,495.00

LOW Highway Dept                       11,840.75

Mar-Kit Landfill       16,746.50

Motorola Solutions, Inc       42,612.50

Northwest Tire Inc         3,350.00

Woody’s Service                           2,626.94

49 Payments less than 2,000                                       25,860.34

Final Total:     488,927.53

Further moved to authorize the payment of the following auditor warrants: July 28, 2021 for $12,271.74; August 5, 2021 for $64,965.64.

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the application and affidavit for lost warrant number 93782 for vendor number 4662 dated June 2, 2021 for $1,250.00 without furnishing indemnifying bond. 

Williams Potato Day Donation Request
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve a $500 donation to Potato Day from levied funds and an additional $750 donation to Potato Day from American Rescue Plan funds, if applicable, or Con Con funds.

Motion to Approve Grant Contract SPAP-21-0018-P-FY22
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve Grant Contract SPAP-21-0018-P-FY22 with the State of Minnesota, acting through the Department of Employment and Economic Development, for a forgivable loan program for eligible remote recreational businesses in Lake of the Woods County that experienced loss in revenue due to the closure of the United States and Canadian border; and for Chair Joe Grund and Auditor-Treasurer Lorene Hanson to sign the same.

HUMAN RESOURCES

Law Enforcement Resignation

Deputy Sheriff Brad Abbey submitted his resignation effective July 28, 2021.

Permission to Advertise, Interview and Hire

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve permission to advertise, interview and hire for Deputy Sheriff at grade 12, points 282 or grade 13, points 288, if the candidate is coroner certified.

PUBLIC WORKS
Highway Update
County Engineer AJ Pirkl provided an update on the status of current projects, including: ditch cleaning, paving and bridge work.

Solid Waste Update
County Engineer AJ Pirkl provided an update.  The process needed to get approval to haul garbage from the Northwest Angle to Steinbach, Manitoba is almost complete.

SURVEY
The County Surveyor will report back to the Board regarding a property marker and related property survey.

MN GEOLOGICAL SURVEY
Update on Lake of the Woods County Geologic Atlas
Barbara Lusardi and Jordan Mayer from the Minnesota Geological Survey provided an update to the Board on their progress with the Lake of the Woods County Geological Atlas.

COVID-19
Commissioner Ed Arnesen is communicating with CHI LakeWood Health’s Public Health Manager, Kay M. Schell, regarding COVID-19 testing equipment for the Northwest Angle.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 10:18 a.m.

Attest: August 24, 2021

_________________________________ _________________________________

Deputy Auditor/Treasurer, Jaime Boretski-LaValla Chair of the Board, Joe Grund 

August 24, 2021

Commissioner Proceedings

August 24, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 24, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the agenda with the following changes: Add – Closed Session, Pursuant to MN Statute 13D.03 Closed Meetings for Labor Negotiations, Add – Postage Machine Lease

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the official and summarized minutes of August 10, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the following claims: Commissioners Warrants $6,917.03; Commissioners Warrants $1,499.83; Commissioners Warrants $52,388.96.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the claims against the County as follows: Revenue $39,694.22; Road & Bridge $90,355.61; County Development $8,899.90; Joint Ditch $24,652.50; Solid Waste $15,944.89; EDA $812.73. 

WARRANTS FOR PUBLICATION

Warrants Approved On 8/24/2021 For Payment 8/27/2021

Vendor Name Amount

Cenex Co-Op Services, Inc. 20,271.23

Compudyne, Inc 2,055.50

Farmers Union Oil Co. 3,128.26

Freeberg & Grund, Inc 61,068.48

Gamache/Mike 24,652.50

M-R Sign Co, Inc 9,890.36

Outdoors Again 5,090.10

Quadient Finance USA Inc. 2,000.00

R & Q Trucking, Inc 2,575.00

Titan Machinery – Roseau 3,123.28

U.S. Bank Equipment Finance 6,268.50

Vesta Solutions Inc 15,000.00

WSB 5,554.25

                                                 43 Payments less than 2000                                     19,682.39

                                                 Final Total: 180,359.85

Further moved to authorize the payment of the following auditor warrants: August 11, 2021 for $55,223.42; August 19, 2021 for $397,408.25.

Postage Machine Lease
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the 60-month postage meter lease agreement with Quadient Leasing USA Inc. at $204.70 per month for the first 12 months and then $312.70 per month, which includes maintenance, for the remaining 48 months.

VOYAGEURS COMTRONICS CORPORATION

Update

Lee Hervey from Voyageurs Comtronics Corporation provided the Board with an update.  Hervey requested that the TV Committee, which consists of representatives from Roseau County and Lake of the Woods County, schedule a work session to plan for Hervey’s successor.

Equipment Request

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve up to $12,000 from American Rescue Plan funds to purchase a TV translator.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the purchase and install of monitoring sensors, internet and phone lines at $882 for the Williams TV Tower and $758 for the Baudette TV Tower.

HUMAN RESOURCES

Permission to Advertise, Interview and Hire

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve permission to advertise, interview and hire a part-time dispatcher at grade 10, points 237 and a part-time deputy sheriff at grade 12, points 282.

BOARD OF ADJUSTMENT MEMBER APPOINTMENT
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to appoint Monica Dohmen to the Board of Adjustments effective August 24, 2021. 

CLOSED SESSION
Motion
Motion was made by Commissioner Buck Nordlof to close the regular meeting at 9:53 a.m. and open the closed session pursuant to MN Statute § 13D.03- Labor Negotiations. The motion was seconded by Commissioner Jon Waibel and the same being put to a vote, was unanimously carried by roll call. 

Members present: Commissioners: Joe Grund, Cody Hasbargen, Buck Nordlof, and Jon Waibel.  Commissioner Ed Arnesen attend by phone conference.  Also present: Auditor-Treasurer Lorene Hanson and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Cody Hasbargen to close the closed session and open the regular meeting at 11:15 a.m. The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried by roll call.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 11:16 a.m.  

RECONVENE
The meeting reconvened at 1:00 p.m. at the location of the proposed Peter R. Jones Cartway.

JONES CARTWAY PROPERTY VIEWING
Members present: Commissioners: Joe Grund, Cody Hasbargen, Buck Nordlof, and Jon Waibel. Absent Commissioner Ed Arnesen.  Also present: Lorene Hanson, Josh Stromlund, Chad Connor, James Austad, Steven Anderson and Terry Brown.

The Board explored the proposed Peter R. Jones Cartway and alternate routes.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 2:00 p.m.

Attest: September 14, 2021

_________________________________ _________________________________

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

July 27, 2021

Commissioner Proceedings

July 27, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 27, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add – BOA Member Update, Remove – Lake of the Woods Drifters, Add – NWA/ARP Funds Update.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of July 13, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $5,552.14; Commissioners Warrants $1,517.17; Commissioners Warrants $10,951.59.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $58,161.26; Road & Bridge $106,615.60; Solid Waste $30,652.92; EDA $785.36. 

WARRANTS FOR PUBLICATION

Warrants Approved On 7/27/2021 For Payment 7/30/2021

Vendor Name Amount

Allstates Pavement Recycling & Stab. Inc 20,257.50

Arrowhead Library System 33,118.00

Compudyne, Inc 2,055.50

Dentons Dirt Worx, LLC 14,100.00

Earthworks Contracting Inc 13,530.00

Fish/Kevin 42,660.00

Hasbargen Logging Inc 10,350.00

LOW School District–390 3,000.00

NetCenter Technologies 5,600.00

North East Technical Service,Inc 11,962.50

Rasinski Total Door Services LLC 5,962.20

Short Elliott Hendrickson, Inc 12,039.86

U.S. Bank Equipment Finance 6,268.50

41 Payments less than 2000   15,311.08
Final Total: 196,215.14

Further moved to authorize the payment of the following auditor warrants: July 12, 2021 for $974,872.01; July 14, 2021 for $64,654.20; July 21, 2021 for $482,259.01.

Set Budget Dates
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following budget meeting dates, meetings will be held in the Commissioners’ Room in the Lake of the Woods County Government Center:

August 4, 2021 from 8:00 a.m. to 12:00 p.m.

August 16, 2021 from 8:00 a.m. to 12:00 p.m.

September 7, 2021 from 4:00 p.m. to 7:00 p.m.  
Joint Powers Agreement Amendment
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the 2020-2022 amended joint powers agreement with North Country Community Health Board and for Chair Joe Grund and Auditor-Treasurer Lorene Hanson to sign the same.

County Employee Appreciation Day

Proclamation of County Staff Appreciation Day 2021-07-02

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to proclaim July 27, 2021 as County Staff Appreciation Day.

WHEREAS, county staff serve as the cornerstone of this community, dedicating their time, skills, and expertise for the benefit of their neighbors; and

WHEREAS, county staff went beyond expectations, taking on personal risks, to continue delivering essential services to the citizens of our county during the COVID-19 pandemic; and

WHEREAS, in addition to their regular duties, many county staff were called upon and accepted new and challenging responsibilities during the pandemic such as expediting the distribution of thousands of dollars in economic recovery appropriations, empowering the survival of our local business community; successfully managing a deluge of mail-in ballots in an unprecedented federal election; and

WHEREAS, the work of county staff over the past year and a half have kept the doors of the county open and our community safer, healthier, and productive throughout months of unprecedented global transition; and

WHEREAS, President Sve and the Board of the Association of Minnesota Counties requested the Office of Governor Walz and Lt. Governor Flanagan to proclaim July 27, 2021 as County Staff Appreciation Day and their request was granted;

NOW, THEREFORE, we, the Lake of the Woods County Board of Commissioners, proclaim July 27, 2021 as County Staff Appreciation Day and extend our thanks to the staff of our county and express deep gratitude for their commitment to excellence in public service during the COVID-19 pandemic.

DNR – Fisheries
Update with Phil Talmage, Area Supervisor

Minnesota Department of Natural Resources Area Fisheries Supervisor Phil Talmage provided an update to the Board on the most recent Minnesota Department of Natural Resources fisheries report for Lake of the Woods.  Topics reviewed included: spring spawning; abundance, size and structure of walleyes and saugers; lake management goals; and angling hours. 

DNR – Wildlife
Land Acquisition
Minnesota Department of Natural Resources Area Wildlife Supervisor Scott Laudenslager shared information with the Board on three parcels of land, that connect to the Minnesota Department of Natural Resources (MNDNR) Carp Swamp Wildlife Management Area (WMA).  The MNDNR is interested in acquiring the land, totaling 1297.25 acres, to add to the Carp Swamp WMA.  No Board decision was made at this time.

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

Solid Waste Update
County Engineer AJ Pirkl provided an update.  The landfill will start storing scrap under a canopy or similar structure. The management plan will be updated.

Push Probe Results
County Engineer AJ Pirkl provided an update on the results of the push probes at the landfill. The contamination in question was found to be from an isolated incident and not from the landfill.

Request to Add to the Agenda
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve adding to the agenda: Consultant for Highway Budgeting.

Consultant for Highway Budgeting
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve hiring Marti Carlson from Earthworks, as an independent contractor, for assistance with budgeting and mentoring at $40 per hour.

MIS
911 Infrastructure 

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve up to $7,000 from the American Rescue Plan Funds for fiberoptic lines to comply with 911 infrastructure needs.

TOWER GENERATOR REPLACEMENT
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve up to $4,000 for a replacement propane generator for the TV Tower.

BOARD OF ADJUSTMENT MEMBERS
Land and Water Planning Director Josh Stromlund talked with the Board about the need for two Board of Adjustment (BOA) members.  The appointment of new members to the BOA will be added to the August 24, 2021 meeting agenda.

NWA/ARP FUNDS UPDATE
An agreement, from the Minnesota Department of Employment and Economic Development, for COVID-19 relief funds for the Northwest Angle has not been received by the County.  The Board also discussed other needs and requests for American Rescue Plan dollars.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 11:10 a.m.

Attest: August 10, 2021

_________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair of the Board, Joe Grund 

July 13, 2021

July 13, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 13, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Chair Joe Grund called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Cody Hasbargen, Ed Arnesen, Buck Nordlof, and Jon Waibel.  Also present: 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 additions: EDA NWA Funds, Add Item to Old/New Business.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of June 14, 2021.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of June 22, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $12,448.55; Commissioners Warrants $2,934.02; Commissioners Warrants $12,705.19.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $50,311.63; Road & Bridge $508,788.89; County Development $21,435.50; Joint Ditch $4,133; Solid Waste $38,328.99; EDA $6,294.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 7/13/2021 For Payment 7/16/2021

Vendor Name Amount

Baudette/City Of 21,000.00

Bert’s Truck Equipment Of Moorhead, Inc 5,595.00

Cenex Co-Op Services, Inc. 9,462.25

Clark Equipment Co Dba Bobcat 73,304.40

Counties Providing Technology 3,940.00

Deputy Registrar No.75 5,512.00

Earthworks Contracting Inc 2,500.00

Election Systems & Software, Inc 3,675.00

Element Materials Technology 30,160.00

First State Tire Recycling 3,376.96

Headwaters Regional Development Commiss 6,250.00

Howard’s Oil Company 5,568.66

Hudson Electric LLC 4,100.00

LOW Highway Dept 9,065.50

Mar-Kit Landfill 17,759.25

Mark Sand & Gravel Co. 96,250.00

McCoy Construction & Forestry Inc 268,254.00

North East Technical Service,Inc 3,989.13

Pennington County Sheriff Office 3,104.11

Powerplan 2,044.68

R & Q Trucking, Inc 3,090.00

Titan Machinery – Roseau 2,361.97

Voyageurs Comtronics, Inc 2,904.99

WIDSETH 4,085.50

Woody’s Service 2,909.97

75 Payments less than 2000   39,029.20

                                                 Final Total: 629,292.57

Further moved to authorize the payment of the following auditor warrants: June 23, 2021 for $14,901.58; June 30, 2021 for $999,052.53; July 7, 2021 for $206,739.88.

County Owned Land Sale Resolution 2021-07-01

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

County Owned Land Sale
Resolution No. 2021-07-01

WHEREAS, pursuant to MS. 373.01, Lake of the Woods County offered unimproved nonconforming County-owned land for sale, parcel number 19-2531-119, described as follows: Commencing at the West 1/16th corner on the East and West quarter line, 1312.6 feet South,  89°59’ 30” East of the quarter corner common to Section 25 and 26, Township 162 North, Range 32 West; thence South,  0°13’ East, along 1/16th line 400 feet; thence at right angles to said 1/16th line, North 89°47’ East, a distance of 600 feet to the point of beginning; thence South, 0°13’ East, parallel with 1/16th line, 687.48 feet; thence South, 89°59’30” East, parallel with above quarter line, 180 feet; thence Northerly and parallel to the West line of said described tract, a distance of 522.92 feet; thence Westerly and parallel to the South line of said described tract, a distance of  110.22 feet; thence North, 0°00’30” East, a distance of 164.56 feet; thence Westerly, parallel with quarter line, 69.78 feet, more or less, to the point of beginning; said described tract lying all within Gov. Lot 3, Section 25, Township 162 North,  Range 32 West, and containing 2.42 acres, more or less. (Note: Not to be used on legal documents).

WHEREAS, the Lake of the Woods County Auditor/Treasurer notified adjoining landowners of said sale; 

WHEREAS, the Lake of the Woods County Board of Commissioners authorized the land sale, which took place on June 21, 2021 at 1:00 p.m., in the Lake of the Woods County Government Center Commissioners’ Room.

WHEREAS, the terms of the sale were cash/check, including applicable fees;

WHEREAS, all minerals and mineral rights were reserved by Lake of the Woods County;

NOW, THEREFORE BE IT RESOLVED, the highest bid was received and accepted from John Gustafson at $29,000.00

BE IT FURTHER RESOLVED, that Lake of the Woods County will issue a deed for the property to Harold J. Gustafson, a/k/a John Gustafson, and Kari Gustafson.

EDA NWA Funds
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Economic Development Authority Director to administer funds approved by legislature for Northwest Angle businesses affected by COVID-19.  

HUMAN RESOURCES
MIS Director/Maintenance Salary
It was the consensus of the Board to set a work session at the next board meeting to discuss the MIS Director/Maintenance Salary.

Environmental Specialist
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve employee Megan Thompson to Grade 9, Step 9, Points 232, $22.05 per hour effective 7/25/2021.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve a counter-offer to a prospective employee of Grade 9, Step 9, Points 232, $22.05 per hour and an additional four days of vacation after the six-month probationary period.

SHERIFF
Coronavirus Emergency Response 2021 Grant Contract
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2021 Coronavirus Emergency Response Grant Agreement in the amount of $323,348.00 and for Sheriff Gary Fish and Board Chair Joe Grund to sign the same.

Update on Roseau Contract
Sheriff Gary Fish provided an update to the Board.  The arrangement with the Roseau County Sheriff’s Department will continue as is for now, there is no contract at this time.

PUBLIC WORKS
Highway
Refurbishing of Motor Grader
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve refurbishing of the Northwest Angle motor grader through the CAT Certified Rebuild Program at a cost of $260,880.34, to be paid out of the 2022 budget.

Amend Agenda
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the amendment of the agenda to add Approval of Gravel Contract.

Approval of Gravel Contract
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve a contract for gravel with LaValla Sand and Gravel at $10.50 per cubic yard, up to 8,000 yards a year for three years.

Update
Public Works Director, AJ Pirkl, provided an update to the Board on current road projects.

Solid Waste
Public Works Director, AJ Pirkl, is meeting with the Minnesota Pollution Control Agency (MPCA) at the landfill at 11:00 a.m.  The MPCA will return to the Government Center to discuss the demolition landfill today at 1:00 p.m.

PUBLIC HEARING

Exclusive Off Sale Intoxicating Liquor License – Border Bait LLC

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting at 10:05 a.m. and open the Public Hearing as advertised pursuant to MN Statue §340A.405, Intoxicating Liquor; Off-Sale Licenses, subd. (d).

Present were: Commissioners: Joe Grund, Cody Hasbargen, Ed Arnesen, Buck Nordlof, and Jon Waibel Also present County Auditor-Treasurer Lorene Hanson.  Other public in attendance were: Travis Barclay, David Bathel and Brandy Christian.

The Public Notice of Hearing was advertised for consideration of an Exclusive Off-Sale Intoxicating Liquor License to hear testimony by all parties present,  that this potential exclusive off sale premises will not be within the three mile boundary of any statutory or home rule city that has established a municipal liquor store before August 1, 1991 and is not located within the one mile of any boundary of a statutory or home rule city that had established a municipal liquor store before August 1, 1991. The location of the property 3372 State Hwy 172 NW, Baudette, MN, is zoned commercial and that it is where the potential exclusive off sale building is proposed to be located.  No correspondence was received for this public hearing.  David Bathel questioned how many liquor licenses were available in the County and proximity requirements of off-sale licenses.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to close the Public Hearing at 10:15 a.m. and open the regular session.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to allow and approve an exclusive off sale intoxicating liquor license to Ashley Ann Barclay, Border Bait Company LLC, effective July 13, 2021 thru June 30, 2022, contingent upon all requirements being met for the approval of the license application and approval of County Attorney James Austad and County Sheriff Gary Fish.

LAKE OF THE WOODS DRIFTERS
Funding Requests
Snow Trails
Randy Orton and Todd Barnes from the Lake of the Woods Drifters updated the Board on some infrastructure needs on the snowmobile trails.  Public Works Director, AJ Pirkl, will review options for repairs and this item will be brought back to the Board.

ATV Trails
Randy Orton and Todd Barnes from Lake of the Woods Drifters updated the Board on the Roseau/Lake of the Woods Sportsmans Club ATV/UTV Trails.  The trails currently go to the Faunce area and there is interest to continue trails through Lake of the Woods County and connect with trails in Koochiching County.  Public Works Director, AJ Pirkl, will review and this item will be brought back to the Board.

PUBLIC HEARING
Peter Jones Cartway 

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting at 11:07 a.m. and open the Public Hearing for the Cartway-Public Hearing. (Pursuant to MN Statute 164.08 to establish a Cartway.)

The following were present:  Commissioners:  Ed Arnesen, Cody Hasbargen, Buck Nordlof, Joe Grund and Jon Waibel.  Other County Employees were:  Auditor/Treasurer Lorene Hanson, and Surveyor Chad Conner.  In addition, attending the Public Hearing were: Attorney Steven Anderson, Terry Brown, David Bathel and Brandy Christian.

Attorney Steven Anderson representing Peter R. Jones, explained the procedures of establishing a cartway.  A petition was received from Petitioners:  Peter R. Jones (PID 19-2521-040) for a cartway to access landlocked property.  Attorney Steven Anderson acknowledged that the property is at least 5 acres and is landlocked. The County received the Certificate of Service for the affected land owners and the Affidavit of Service by U.S. Mail for neighbors of the proposed cartway. The County did post the public hearing as required.  

Attorney Steven Anderson stated that the petition seeks to establish a cartway pursuant to Minnesota Statute 164.08.  The description of the proposed cartway is: 

The West two (2) rods of the East 44 feet of the SW¼ NW¼, Section 25, Township 162 North, Range 32 West; and 

Commencing at the southeast corner of the S½ SE¼ NW¼ NW¼ of Section 25, Township 162 North, Range 32 West, thence westerly two (2) rods along the south boundary thereof to a point; thence in a north and easterly direction, along a 90 degree arc, to a point on the east boundary thereof, which point is two (2) rods north of said southeast corner; thence south along said east boundary line a distance of two (2) rods to the point of beginning;
The County Board reviewed the cartway request and heard comments from parties involved.  With further research needed including; a survey, figuring of damages and exploration of alternative routes for the cartway, the County Board decided to meet on the site of the proposed cartway on August 24, 2021 at 1:00 p.m. and then continue the Public Hearing on September 7, 2021 at 7:00 p.m. at the Lake of the Woods County Government Center in the Commissioners’ Room.

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the Public Hearing at 11:30 a.m. and reconvene the regular county board meeting.

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to meet on the site of the proposed cartway on August 24, 2021 at 1:00 p.m. and then continue the Public Hearing on September 7, 2021 at 7:00 p.m. at the Lake of the Woods County Government Center in the Commissioners’ Room.

ADD ITEM TO OLD/NEW BUSINESS
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to add Tourism/Lodging Tax to the OLD/NEW Business section of the agenda.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 11:35 a.m.

Attest: July 27, 2021

_________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair of the Board, Joe Grund 

June 22, 2021

Commissioner Proceedings

June 22, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 22, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of June 8, 2021 and June 15, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $7,697.64; Commissioners Warrants $1,915.56; Commissioners Warrants $18,483.01; Commissioners Warrants $197.80.

Daycare Center Project Update

Social Services Supervisor Jodi Ferrier provided an update to the Board on a project to create a daycare center in the former line worker school building. The project committee is a collaboration of representatives from the County, Economic Development Authority and Lake of the Woods School. First Children’s Finance is researching the feasibility of the daycare center.  Ferrier will continue to update the Board on the project.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $45,044.59; Road & Bridge $64,498.84; County Development $200; Joint Ditch $144; Solid Waste $107,450.02; EDA $788.57. 

WARRANTS FOR PUBLICATION

Warrants Approved On 6/22/2021 For Payment 6/25/2021

Vendor Name Amount

Cenex Co-Op Services, Inc. 14,121.07

Compudyne, Inc 5,029.80

Contech Engineered Solutions LLC 12,260.00

Element Materials Technology 10,580.00

M-R Sign Co, Inc 5,742.93

Mn Counties Computer Co-Op 17,413.32

Nutrien Ag Solutions Inc 25,366.18

R & Q Trucking, Inc 2,575.00

Swanston Equipment Corp 4,769.50

U.S. Bank Equipment Finance 6,268.50

University Of Mn 9,407.00

Wilkens Industries 85,511.93

32 Payments less than 2000                                         19,080.79

                                      Final Total: 218,126.02

Further moved to authorize the payment of the following auditor warrants: June 9, 2021 for $10,957.64; June 15, 2021 for $25,339.43.

RECORDER
Approve Final Plat of Hooper Creek
County Recorder Sue Ney met with the Board requesting final approval for the plat of HOOPER CREEK. The Plat consists of 16 lots and Hooper Creek Loop road. After careful consideration from the County Surveyor, Land & Water Planning Office, and the Recorder’s Office, final approval was recommended.

Motion
Motion by Commissioner Ed Arnesen to approve the plat of HOOPER CREEK for subdivision pursuant to MN Statute 505.03, Subd. 2, and authorize the Chairman and Auditor/Treasurer to sign the same. Seconded by Commissioner Buck Nordlof and the same put to a vote was duly carried.

PUBLIC WORKS
Highway
SAP 039-631-006 Final Pay Request
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the final payment for SAP 039-631-006 to Gladen Construction, Inc. of Laporte, MN in the amount of $6,063.80.  The total project cost was $121,276.00.

Solid Waste
A meeting with the MPCA to discuss the demolition landfill will be held on July 13, 2021 at 1 p.m. in the Commissioners’ Room of the Lake of the Woods County Government Center.

LAKE OF THE WOODS ARENA BOARD UPDATE
Arena Director Samantha Lyon and Arena Board Member Mike Schulz provided an update to the Board on the Lake of the Woods International Arena.  Since its grand opening on July 6, 2019, the Lake of the Woods International Arena was host to several district and regional youth hockey tournaments; became home to two new programs – Learn to Skate USA and an in-house hockey club; and accommodated two seasons of varsity and youth hockey programs, special events, open skating and physical education classes.  Lyon plans to continue to grow the offerings at the Lake of the Woods International Arena and is excited to host a Bantam AA State Tournament in March of 2022.  In closing, Lyon and Schulz thanked the County for their continued support of the ice arenas.

FOLLOW-UP ITEMS FROM NWA MEETING
COVID-19 Vaccinations
CHI LakeWood Health representatives, Jeffry Stampohar and Kay M. Schell, joined the meeting to discuss the possibility of hosting a vaccine clinic at the Northwest Angle for Canadian citizens.  Commissioner Ed Arnesen will gather more information regarding the need of such an event.

NWA Property Values
The Board discussed the Northwest Angle property values with Assessor Mary Jo Otten.

RECESS
The Board took a 10-minute recess at 10:12 a.m.

Tourism
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve Attorney James Austad to draft and send a letter to the City of Baudette requesting an update regarding the Baudette City Council’s position on the joint powers agreement for lodging tax and for Chair Joe Grund to sign the same.

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

Attest: July 13, 2021

_________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair of the Board, Joe Grund 

June 15, 2021

Commissioner Proceedings

June 15, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 15, 2021 at the Angle Outpost Resort, Angle Inlet, MN. 

CALL TO ORDER

Chair Joe Grund called the meeting to order at 10:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Cody Hasbargen, Ed Arnesen and Buck Nordlof. Also present: County Auditor-Treasurer Lorene Hanson and Public Works Director AJ Pirkl. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following additions: RECONVENE BOARD OF EQUALIZATION and PUBLIC WORKS/Canadian Business Number.

SET PUBLIC HEARING

Off-Sale Liquor License for Border Bait Company LLC

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set a public hearing, on the issuance of an off-sale intoxicating liquor license for Border Bait Company, LLC, on Tuesday, July 13, 2021 at 10:00 a.m. in the Lake of the Woods County Government Center, Commissioners’ Room.

TOURISM UPDATE

Joe Henry, Director of Lake of the Woods Tourism Bureau, provided an update.  Henry was asked by U.S. Senator Amy Klobuchar to join a state tourism committee and also mentioned that U.S Congresswoman Michelle Fischbach will be visiting the Northwest Angle on July 7 and 8, 2021.

The joint powers agreement between the City of Baudette and Lake of the Woods County, which created the tourism bureau, was discussed.  Commissioner Ed Arnesen mentioned the possibility of hiring a specialist to provide guidance on how to proceed with requesting special legislature for a county-wide lodging tax.  This item will be placed on the next Board meeting agenda. 

PUBLIC WORKS
Highway/Solid Waste
Public Works Director, AJ Pirkl, provided an update on Northwest Angle gravel and garbage contracts.  Other items discussed included, a possible state aid project for a shared fire department and solid waste building, calcium/magnesium chloride application, training for road operators, disposal of fish entrails, and ditch drainage.

Canadian Business Number

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to authorize Public Works Director, Anthony J. Pirkl, to register for a business number with the Canada Revenue Agency.

COVID-19
American Rescue Plan Act – The County Board discussed the program; no action was taken.

Vaccinations – This item will be added to the next Board meeting agenda.

NWA PROPERTY VALUES

A Northwest Angle Business owner requested to have their commercial property value reassessed, stating many businesses have been unable to fully open due to the border closure.  The Commissioners discussed sending a letter to the Department of Revenue regarding valuations of commercial property at the Northwest Angle. This will be added to the next Board meeting agenda.

RECONVENE BOARD OF EQUALIZATION

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting and open the Board of Equalization meeting at 11:40 a.m.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to close the Board of Equalization meeting at 11:45 a.m.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 11:48 a.m.

Attest: June 22, 2021

_________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair of the Board, Joe Grund 

June 14, 2021

Lake of the Woods County

Board of Appeal and Equalization

June 14, 2021

Pursuant to MN. Statute 331A.01, subd. 10 the published material is only a summary and the full text is available for public inspection at the Lake of the Woods County Auditor/Treasurers’ office or by standard mail or electronic mail or Lake of the Woods County website –www.lake-of-the-woods.mn.us

The Lake of the Woods County Board of Appeal and Equalization met on Monday, June 14, 2021, in the Commissioners’ Room of the Lake of the Woods County Government Center.  

Call to Order-County Board Chair Joe Grund called the meeting to order at 6:00 p.m. with the following members present:  Commissioners: Cody Hasbargen, Jon Waibel, Joe Grund, Buck Nordlof, Ed Arnesen and County Auditor-Treasurer Lorene Hanson. Also present were: County Assessor Mary Jo Otten, County Assessment Specialist Alisa Jacobson, and County Appraiser Tyler Swanson.  County Recorder Sue Ney had sworn in the members of the Lake of the Woods County Board of Appeal and Equalization for 2021 on June 8, 2021. 

County Board Chair Joe Grund explained the purpose of the Board of Appeal and Equalization. He reminded the public that this meeting was only to hear appeals of the estimated market value (EMV) or classification, not for taxes or prior years’ assessments.  He further explained that all appeals would be heard before any action would be taken.

County Assessor-County Assessor Mary Jo Otten explained that the valuation period is from sales during October 1, 2019 through September 30, 2020, and discussed adjustments that had been made during the past year. 

Property Owners-Meeting with the County Board was Alan Magnusson property owner in Northwest Angle Township.  Mr. Magnusson relayed his concern on the market value of his property.  County Assessor Mary Jo Otten reviewed the property in question, recent sales and values.

Presented by the Assessor’s Office, a value change was recommended for the Mark Judovsky property in Wabanica Township. County Assessor Mary Jo Otten reviewed the property and recommended to value the property at $381,200.

Presented by the Assessor’s Office, a value change was recommended for the Sportsman’s Lodge Inc. property in Wabanica Township.  County Assessor Mary Jo Otten reviewed the property and recommended to value the property at $622,500.

Presented by the Assessor’s Office, a value change was recommended for the Tom and Lynn McGrath property in Zippel Township.  County Assessor Mary Jo Otten reviewed the property and recommended to value the property at $42,800.

Action-Motion-Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the Alan Magnusson Property and leave the value as is, with no changes.

Motion-Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations for the following parcels, which were presented to the Board of Appeal and Equalization:23.56.01.010 – Property Owner: Mark Judovsky, value decrease from $478,600 to $381,200; 23.60.01.010 to 23.60.02.290 – Property Owner: Sportsmans Lodge Inc, adjusted lot values from $762,200 to $622,500; 18.15.22.040 – Property Owner: Tom & Lynn McGrath, building value lowered from $47,000 to $42,800.

Value Changes-County Assessor Mary Jo Otten presented additional changes, see attached list, that were made after the submission of the prism file to the state.  The Board reviewed and approved the value changes as presented. Motion-was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations for the following parcels on the attached list.

Other Business-County Assessor Mary Jo Otten informed the Board that Wabanica, Baudette, Spooner and Gudrid townships will be reviewed this year.

RECESS-Motion-was made by Commissioner Cody Hasbargen to recess the County Board of Appeal and Equalization meeting for 2021.  The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried.  County Board Chair Joe Grund recessed the Lake of the Woods County Board of Appeal and Equalization meeting for 2021 at 6:50 p.m. 

RECONVENE BOARD OF EQUALIZATION-Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting and open the 2021 Board of Appeal and Equalization meeting at 11:40 a.m.

Motion-was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the 2021 Board of Appeal and Equalization meeting.  County Board Chair Joe Grund adjourned the Lake of the Woods Board of Appeal and Equalization meeting for 2021 at 11:45 a.m.

Attest: Approved: July 13, 2021

_________________________________ ______________________________________
Lorene Hanson, County Auditor-Treasurer Joe Grund, County Commissioner Board Chair

June 8, 2021

Commissioner Proceedings

June 8, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 8, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda.

Amended Motion 

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following additions to the agenda: PUBLIC WORKS/ Blue Blades and Ground Water Update.

OATH OF OFFICE – BOARD OF EQUALIZATION

County Recorder, Susan Ney, provided the oath and swore in all six members of the Board of Equalization for the upcoming Board of Appeal and Equalization meeting to be held on Monday, June 14, 2021 at 6:00 p.m. at Lake of the Woods County Government Center in the Commissioners’ Room. 

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of May 25, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $7,767.64; Commissioners Warrants $3,577.01; Commissioners Warrants $11,489.26.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $92,301.92; Road & Bridge $196,019.61; County Development $5,808.00; Joint Ditch $8,693.00; Solid Waste $22,938.87; EDA $318.79. 

WARRANTS FOR PUBLICATION

Warrants Approved On 6/08/2021 For Payment 6/11/2021

Vendor Name Amount

Contech Engineered Solutions LLC 76,711.12

Counties Providing Technology 4,335.00

Cps Technology Solutions 43,972.00

Davidson Ready Mix & Construction Inc 9,000.00

Dead on Arms,Inc 5,489.20

Extreme Duty Ironworks 4,828.14

Howard’s Oil Company 2,342.71

I-29 Trailer Sales, Inc. 84,710.00

Interstate Billing Service Inc 6,728.81

LOW Highway Dept 19,084.75

Mar-Kit Landfill 11,536.00

Marco Technologies LLC 20,333.42

Pb Distributing Inc 3,124.00

WIDSETH 8,450.00

Woody’s Service 2,155.04

61 Payments less than 2000                                            23,280.00

                                            Final Total: 326,080.19

Further moved to authorize the payment of the following auditor warrants: May 26, 2021 for $681,920.06; June 2, 2021 for $56,169.54; June 2, 2021 for $495,372.88; June 2, 2021 ($2,403); June 4, 2021 for $1,808,162.15.

Roth Option

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve updating the County retirement plan to offer a Roth option to employees.

Northwest Angle Board Meeting – June 15 at 10 a.m.

The Board discussed travel arrangements and possible agenda items for the meeting, which will be held at the Angle Outpost Resort.

CHAMBER OF COMMERCE
Request for Funds – 4th of July Fireworks
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve $9,000 from American Rescue Plan Act funds to the Baudette-Lake of the Woods Chamber of Commerce for the 4th of July Fireworks event and infrastructure.  

SECOND AMENDMENT DEDICATED COUNTY RESOLUTION
The Board discussed the various resolutions passed by other Counties.  No action was taken.

PUBLIC WORKS
Highway
CSAH Mileage Change Resolution
The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve:

LAKE OF THE WOODS COUNTY
RESOLUTION NO. 21-06-01
Modifications to CSAH 9, CR-89, CR-377, CR-154, CR-214, CR-93 and
Establish CSAH 10, CSAH 24, CSAH 29

WHEREAS, Minnesota Statute 163.11, Subdivision 1, provides among other things, for the establishment, alteration, vacation, or revocation of a county road by County Board Resolution; and

WHEREAS, Minnesota Statute 162.02, Subdivision 10, provides among other things, for County State Aid Highways to be abandoned, changed, or revoked by joint action of the County Board and the Commissioner of Transportation; and

WHEREAS, it is the Engineer’s recommendation to revoke and re-establish these county state routes to better align the road numbering system with the constructed segments and to re-designate county aid and county state aid mileage to better meet current and projected traffic demands, improve access to communities, markets, schools, and mail routes with the remaining miles going into the County State Aid mileage bank to be designated elsewhere on future adjustments.

NOW THEREFORE BE IT RESOLVED that the Lake of the Woods County Board of Commissioners hereby revoke County State Aid Highway 9 described as follows:

Revoke County State Aid Highway No. 9, beginning at the intersection of County State Aid Highway 17 and County State Aid Highway 9 along north section line of Section 17, Township 163 North, Range 34 West; Thence east along the north section line of Section 16, Township 162 North, Range 34 West; Thence south along the east section line of Section 16, Township 162 North, Range 34 West; Thence east along the north section line of Section 22, Section 23, Section 24, Township 162 North, Range 34 West, to County State Aid Highway 2 for a distance of approximately 5.5 miles, there terminating.

BE IT FURTHER RESOLVED that Lake of the Woods County Board of Commissioners hereby revokes County Road 89 described as follows:

Revoke County Road 89, beginning at the intersection of Highway 11 and County Road 89, along east Section line 9, Township 160 North, Range 30 West, which is the beginning point; Thence south along the east Section line 16, Township 160 North, Range 20 West, to County State Aid Highway 19 for a distance of approximately 1.7 miles, there terminating.

BE IT FURTHER RESOLVED that Lake of the Woods County Board of Commissioners hereby establishes County State Aid Highway 10 described as follows:

Establish County State Aid Highway 10, beginning at the intersection of Highway 11 and County Road 89, along east Section line 9, Township 160 North, Range 30 West, which is the beginning point; Thence south along the east Section line 16, Township 160 North, Range 20 West, to County State Aid Highway 19 for a distance of approximately 1.7 miles, there establishing.

BE IT FURTHER RESOLVED that Lake of the Woods County Board of Commissioners hereby revokes County Road 377 described as follows:

Revoke County Road 377, beginning at the intersection of County Road 26 and County Road 377, in Section 35, Township 161 North, Range 31 West, which is the beginning point; Thence northwest along County Road 377 in Section 34, Township 161 North, Range 31 West to Highway 172 for a distance of approximately 1.1 miles, there terminating.

BE IT FURTHER RESOLVED that Lake of the Woods County Board of Commissioners hereby establishes County State Aid Highway 24 described as follows:

Establish County State Aid Highway 24, beginning at the intersection of County Road 26 and County Road 377, in Section 35, Township 161 North, Range 31 West, which is the beginning point; Thence northwest along County Road 377 in Section 34, Township 161 North, Range 31 West to Highway 172 for a distance of approximately 1.1 miles, there establishing.

BE IT FURTHER RESOLVED that Lake of the Woods County Board of Commissioners hereby revokes County Road 154, a portion of County Road 214 and a portion of County Road 93 described as follows:

Revoke County Road 154, a portion of County Road 214 and a portion of County Road 93,  beginning at the intersection of Highway 172 and County Road 154, in Section 1, Township 161 North, Range 32 West, which is the beginning point; Thence east along County Road 154, in Section 1, Township 161 North, Range 32 West to County Road 214, in Section 1, Township 161 North, Range 32 West; Thence south and west along County Road 214, in Section 1, Township 161 North, Range 32 West to County Road 93 intersection with County Road 214 in Section 1, Township 161 North, Range 32 West; Thence south along County Road 93 in Section 12, Township 161 North, Range 32 West to Highway 172 for a distance of approximately 2.8 miles, there terminating.

BE IT FURTHER RESOLVED that Lake of the Woods County Board of Commissioners hereby establishes County State Aid Highway 29 described as follows:

Establish County State Aid Highway 29, beginning at the intersection of Highway 172 and County Road 154, in Section 1, Township 161 North, Range 32 West, which is the beginning point; Thence east along County Road 154, in Section 1, Township 161 North, Range 32 West to County Road 214, in Section 1, Township 161 North, Range 32 West; Thence south and west along County Road 214, in Section 1, Township 161 North, Range 32 West to County Road 93 intersection with County Road 214 in Section 1, Township 161 North, Range 32 West; Thence south along County Road 93 in Section 12, Township 161 North, Range 32 West to Highway 172 for a distance of approximately 2.8 miles, there establishing.

BE IT FURTHER RESOLVED that this action shall be contingent upon the approval of the Commissioner of the Minnesota Department of Transportation.

BE IT FURTHER RESOLVED that the County State Aid mileage tally for the above changes to the County State Aid Route system in Lake of the Woods County is as follows: existing referenced routes; approximately 5.5 miles, revised referenced routes; approximately 5.6 miles, remaining mile to go into Lake of the Woods County’s State Aid Highway mileage bank; approximately 0.10 miles.

CSAH 6 Update
County Engineer, AJ Pirkl, provided an update to the Board on the CSAH 6 project.

LRIP Grant Award
County Engineer, AJ Pirkl, provided an update to the Board regarding the Local Road Improvement Program Grant that he worked on with the City of Baudette.  The grant will provide $470,000 for a road project on Main Avenue North, from the theater to the depot.
Guard Rail on CSAH 17
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the bid from H & R Construction for $13,088 to install a three-cable guard rail on CSAH 17, to be paid for from American Rescue Plan Act funds.

Amended Motion Guard Rail on CSAH 17
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to amend the motion for the Guard Rail on CSAH 17 to approve up to $20,000 from American Rescue Plan Act funds for the project.  These funds will cover any additional infrastructure and safety measures needed, in addition to the guard rail installation by H & R Construction.

CR 80 Update
County Engineer, AJ Pirkl, provided an update to the Board on the CR 80 project, including recent talks with MNDOT regarding the project.

County Ditch 1 Repair Bids
Motion
Motion was made by Commissioner Jon Waibel, seconded by Cody Hasbargen and carried unanimously to approve requesting bids for cleaning County Ditch 1.

Blue Blades
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Buck Nordlof and carried unanimously to approve up to $10,000 from the American Rescue Plan Act funds for blue blade address signs.

Solid Waste/Landfill
Electronic Disposal Grant Update
The MPCA hauled away 507 monitors/TVs during the free drop off event held in May.

Discuss Meeting on June 21
A meeting invite was sent out to area tourism industry contacts, with the help of Lake of the Woods Tourism Director, Joe Henry.  The meeting will be held on Monday, June 21 at 6 p.m. in the Lake of the Woods County Government Center Court Room.  The agenda items for the meeting will be in regards to solid waste in the following areas: ice-fishing-sleeper houses, human sludge bags and ice roads.

Ground Water Update
Motion
Motion was made by Commissioner Jon Waibel, seconded by Ed Arnesen and carried unanimously to approve the quote of $27,890 from NTS Environmental Science and Engineering for ground water monitoring at the landfill.  NTS will install four to five monitoring wells and up to nine push probes. 

MPCA Meeting on July 13 to Discuss Demolition Landfill
The MPCA will be visiting this week to tour the landfill and will return on Tuesday, July 13 at 1 p.m. to discuss the demolition landfill cap design.

LAND AND WATER PLANNING
Consideration of Conditional Use Permit #21-09CU by Leroy Howard

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-09CU by Leroy Howard: Lot 3, Block 2, Dawley Estates, Section Eleven (11), Township One Hundred Sixty (160) North, Range Thirty (30) West, Parcel ID# 31.53.02.030. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to cumulatively move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for the purpose of constructing a private boat ramp.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #21-09CU for Leroy Howard to cumulatively move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for the purpose of constructing a private boat ramp with the following conditions:

  1. Conditional Use Permit also includes more than 50 cubic yards cumulative in non-shore impact zone.
  2. Vegetative cover must be planted to prevent erosion.

Lake of the Woods County Board of Commissioners
Findings of Fact and Decision

Name of Applicant:  Leroy Howard Date:  06/08/2021

Location/Legal Description: Lot 3, Block 2, Dawley Estates, Section Eleven (11), Township One Hundred Sixty (160) North, Range Thirty (3) West, Parcel ID#: 31.53.02.030. 

Project Proposal:  Conditional Use Permit to cumulatively move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for the purpose of constructing a private boat ramp. 

  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?  Expanding an existing boat ramp – upgrading.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Landing will be bermed to prevent rapid water runoff.

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

Why or why not?  Vegetative cover will be restored.

  1. 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?  Boat launch/landing.  

  1. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (X)  NO (  )  N/A (  )

Why or why not?  Will be bermed to prevent rapid runoff.

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

Why or why not? ______________________________________________________

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

Why or why not?  Remain residential.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Boat launch/boat landing.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Not needed.

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

Why or why not?  Not needed.

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                                       YES (  )  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. The Conditional Use Permit also includes the cumulative movement of more fifty (50) cubic yards of material outside of the shore impact zone.
  2. Vegetative cover must be planted to prevent erosion.

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

          June 8, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

Consideration of Conditional Use Permit #21-10CU by Nicholas and Jessie Anthony
Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-10CU by Nicholas and Jessie Anthony:  NE¼SW¼NE¼, SW¼SE¼NE¼, S½SE¼SE¼NE¼, Section Twenty-six (26), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#: 19.26.13.010. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Rural Residential Development (R2) Zoning District.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #21-10CU by Nicholas and Jessie Anthony to operate a short-term transient rental in a Rural Residential Development (R2) Zoning District with the following conditions:

  1. The Conditional Use Permit terminates upon sale or transfer of the property.
  2. Must meet applicable Department of Health requirements.
  3. The capacity/occupancy of the structure is limited to eight (8) people.
  4. Established quiet hours are to be from 10:00 p.m. to 6:00 a.m.

Lake of the Woods County Board of Commissioners
Findings of Fact and Decision

Name of Applicant:  Nicholas and Jessie Anthony   Date:  06/08/2021

Location/Legal Description: NE¼SW¼NE¼, SW¼SE¼NE¼, S½SE¼SE¼NE¼, Section Twenty-six (26), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#: 19.26.13.010

Project Proposal:  Conditional Use Permit to operate a short-term transient rental in a Rural Residential Development (R2) 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 rentals.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Will meet MDH codes.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

  1. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Access to MN 172.

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

Why or why not?  Rural residential.

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

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Septic system.

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Has own septic and well (compliant).

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

  1. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?

                                                                                                                    YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 

                                                                                                                   YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                                       YES (  ) 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. The Conditional Use Permit terminates upon sale or transfer of the property.
  2. Must meet applicable Department of Health requirements.
  3. The capacity/occupancy of the structure is limited to eight (8) people.
  4. Established quiet hours are to be from 10:00 pm to 6:00 am.

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

      June 8, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

MPCA Correspondence
Land and Water Planning Director, Josh Stromlund met with the Board to review communication received from the MPCA requesting County assistance to identify sand and gravel facilities for water quality permitting outreach.

Zoning Ordinance Amendments
A work session will be held after the Board meeting on Tuesday, July 27 at 1 p.m. for the review of zoning ordinance amendments.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 11:29 a.m.

Attest: June 22, 2021

_________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair of the Board, Joe Grund 

May 25, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 25, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following additions: HUMAN RESOURCES/Covid-19 Updates, SHERIFF/ MN DNR State Boating Grant, ATTORNEY/Closed Session.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official and summarized minutes of May 11, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $12,140.48; Commissioners Warrants $1,899.21; Commissioners Warrants $26,317.24.

Fraud Prevention Agreement
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the regional Fraud Prevention Investigation program agreement and for Social Services Director, Amy Ballard, to sign the same.

EAGLE SCOUT BADGE

The following resolution was offered by Chairman Joe Grund, seconded by Commissioner Buck Nordlof and moved for adoption:

RESOLUTION NO. 21-05-03

RECOGNITION OF ANTHONY KALK FOR HIS ACCOMPLISHMENT ON EARNING THE “EAGLE SCOUT BADGE”

WHEREAS, Boy Scout Troop 62-member Anthony Kalk has advanced through the ranks of Tenderfoot, Second Class, First Class, Star, Life; and has now earned the highest advancement rank in scouting as an Eagle Scout;

WHEREAS, Anthony as a Life Scout has served actively for a period of six months as a Boy Scout Troop Senior Patrol Leader;

WHEREAS, Anthony has earned his 21 badges, with 13 of them in specialized areas. At each advancement, he has taken part in scoutmaster conferences, has demonstrated participation in increasingly more responsible service projects, and demonstrated leadership skills by holding one or more specific youth positions of responsibility in his troop;

NOW THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners hereby congratulates Anthony Kalk on his rank as “Eagle Scout”.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $12,245.99; Road & Bridge $4,742.83; County Development $425.00; Solid Waste $14,887.25; EDA $936.49. 

WARRANTS FOR PUBLICATION

Warrants Approved On 5/25/2021 For Payment 5/28/2021

Vendor Name Amount

Compudyne, Inc 2,210.00

North East Technical Service,Inc 3,033.75

Quadient Finance USA Inc. 2,000.00

Short Elliott Hendrickson, Inc 5,272.51

U.S. Bank Equipment Finance 6,268.50

30 Payments less than2000   14,452.80

                                 Final Total: 33,237.56

Further moved to authorize the payment of the following auditor warrants: May 12, 2021 for $69,749.67; May 19, 2021 for $91,693.30.

American Rescue Plan, Authorized Representative

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve County Auditor-Treasurer Lorene G. Hanson as the American Rescue Plan authorized representative for Lake of the Woods County, Mn.

Snowmobile Trail Assistance Program

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

Resolution No. 21-05-04

Sponsorship of Snowmobile Trails Assistance Program

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

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

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

Resolution
The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and moved for adoption: 

Resolution No. 21-05-05
Sponsorship of Snowmobile Trails Assistance Program

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

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

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

University of Minnesota Extension Agreement
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agreement between the University of Minnesota and Lake of the Woods County for providing Extension programs locally and employing Extension staff and for Chair Joe Grund and Attorney James Austad to sign the same.

Cartway, Peter Jones
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set a hearing date for Tuesday, July 13 at 11 a.m. at the Lake of the Woods County Government Center Commissioners’ Room.

SHERIFF
MN DNR State Boating Grant
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the MN DNR State Boat & Water Safety Grant for fiscal year 2021 in the amount of $7,188.00 and for Sheriff Gary Fish and Chair Joe Grund to sign the same.

PUBLIC WORKS
Highway
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of an iPad with Verizon cellular plan/contract for Public Works Employee, Keith Grund.

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to allocate the $500 payment, received from Border Patrol, for use of the gun range to the park and recreation fund.

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve requesting quotes for gravel, 10,000 tons a year for the next two to three years.

Solid Waste/Landfill
More than 500 TVs and monitors were collected during the MPCA grant sponsored collection event.

HUMAN RESOURCES
Covid-19 Updates
Human Resources Director, Savanna Slick, provided an update on Covid-19 procedures.  The County will continue to follow its Covid-19 preparedness plan.  Signs requiring customers to wear masks will be taken down, a permanent hand sanitizing station will be placed in the entrance of the Government Center, and a more permanent solution will be researched to replace the plexiglass at the counter. The Lake of the Woods County District Court will require masks through June 14, 2021.

CLOSED SESSION
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session at 9:55 a.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation).  

Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Attorney James Austad, County Auditor-Treasurer Lorene Hanson and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting at 10:44 a.m.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 10:45 a.m.

Attest: June 8, 2021

_________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair of the Board, Joe Grund