August 8, 2023

The Lake of The Woods County Board of Commissioners met in regular session on August 8, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: Cliffs Discussion, Northerly Park Legacy Grant, Letter of Support MNDOT, Approval of Shoreline Erosion FEMA quotes. 

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of July 25, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $27,249.65; Commissioners Warrants $2,838.53; Commissioners Warrants $6,294.36.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner  Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $113,923.42; Road & Bridge $34,198.19; County Development $1,600.00; Joint Ditch $2,600.00; Solid Waste $44,861.48.

  WARRANTS FOR PUBLICATION

Warrants Approved On 8/08/2023 For Payment 8/11/2023

Vendor Name Amount

Business Essentials 3,109.00

CARRIFF Engineered Fabrics Corporation 2,932.53

Cenex Co-Op Services, Inc. 3,402.63

DLT Solutions, LLC 3,074.60

Farmers Union Oil company 2,265.71

Howard’s Oil Company 9,747.06

Integris LLC 4,651.69

Interstate Billing Service Inc 3,990.48

LOW Highway Dept 11,679.15

LOW School District–390 3,000.00

LOW Soil & Water Cons. Dist. 29,235.00

Mar-Kit Landfill 16,065.75

Marco Technologies LLC 5,890.00

North Country Chevrolet 39,747.48

R & Q Trucking, Inc 6,721.00

Rainy Lake Oil, Inc 2,549.15

Roseau & Lakeof theWoods Sportsmans Club 5,000.00

Strata Corp, Inc 7,522.88

WIDSETH SMITH NOLTING & ASSOC., INC. 5,900.00

56 Payments less than 2000 30,698.98

Final Total: 197,183.09

Further moved to authorize the payment of the following auditor warrants: July 26,2023 for $35,310.55; August 2,2023 for $25,466.55; August 3, 2023 for $250,563.39.

Permission to Hire Environmental Specialist

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to hire Eric Best as Environmental Specialist at Grade 10, Step 1, $21.16 per hour at 245 points.

Public Works

Updates

County Engineer Anthony Pirkl gave an update that included various projects around County Road 8.

Letter of Support MNDOT

Resolution

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

LETTER of SUPPORT MNDOT

RESOLUTION NO. 23-08-01

WHEREAS, the Lake of the Woods County Board of Commissioners supports The Minnesota Department of Transportation’s (MNDOT) application for funding through the United States Department of Transportation’s (USDOT) Promotion Resilient Operation for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) grant.  

WHEREAS, The PROTECT funding will facilitate the realignment of Highway 11 between Baudette and International Falls, MN, to remove the highway from two critical slope failures.

WHEREAS, the project will enhance the resilience of the transportation system in an area with very limited access to integral services, products, and employment.

WHEREAS, the Highway 11 Rainy River Slide Realignment and Resiliency Project aligns with the goals of the PROTECT program, the Federal Highway Administration (FHWA), and the USDOT.

WHEREAS, the completion of the Highway 11 Rainy River Slide Realignment and Resiliency Project will strengthen our transportation system and contribute to growth in our region. 

NOW THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners offers their support for the Minnesota Department of Transportation’s (MNDOT) application to receive funding from the PROTECT grant for the completion of the Highway 11 Rainy River Slide Realignment and Resiliency Project. 

Approve Shoreline Erosion Quotes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the quote from Denton DirtWorks in the amount of $43,769.16 for work on Public Access Roads, and to include Birch Beach and Rocky point to be paid for by FEMA funds. 

Salary Increase

Motion 

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve a salary increase for County Engineer Anthony Pirkl from $110,115 to $140,000 per year with an annual increase of 2.5% over the next three years effective next full pay period.

Land & Water

Approval of Grade Increase

Motion 

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve a Grade increase for Environmental Specialist Scott Head from Grade 9, Step 11 to Grade 10, Step 11, $25.60 per hour effective next full pay period.

Consideration of Conditional Use Permit Application #23-11CU by Jesse Mayfield and Steve Asplin

That portion of Government Lot 9, Section Six (6), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid)- Parcel ID# 31.06.44.020. Applicant is requesting a Conditional Use Permit as required by Section 401 B of the Lake of the Woods County Zoning Ordinance to allow a commercial activity consisting of a storage building in a non-shoreland Residential Development Zoning District (R1).

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the following CUP #23-11CU/Findings of Fact by Jesse Mayfield and Steve Asplin to allow a commercial activity consisting of a storage building in a non-shoreland Residential Development Zoning District (R1) with the following conditions:

1. The conditional use permit is specific to the submitted application and sketch only.
2. No habitation of the structure or on the property.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Jesse Mayfield and Steve Asplin Date: August 8, 2023

Location/Legal Description:  That portion of Gov. Lot 9 lying South and West of State Highway #11 and lying South and East of County Road #35 in Section Six (6), Township One-hundred sixty (160) North, Range Thirty (30) West – Parcel ID# 31.06.44.020.

Project Proposal:  Allow commercial activity consisting of a storage building in a non-shoreland Residential Development Zoning District (R1).

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?  Other commercial uses in the general vicinity include a resort and agricultural activities.

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

YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

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

Why or why not?  ___________________________________________________________________

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

Why or why not?  ___________________________________________________________________

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

Why or why not?  Not located in a floodplain area.

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

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

Why or why not?  Access is off of County Road 35 and the existing approach off of 7^th Street SE.

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

Why or why not?  Other commercial uses in the general vicinity include a resort and agricultural activities.

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

YES (  )  NO (  )  N/A (X)

Why or why not?  Project proposal is not located in a shoreland location.

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

Why or why not?  ___________________________________________________________________

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

Why or why not?  ___________________________________________________________________

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

Why or why not?  ___________________________________________________________________

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

Why or why not?  ___________________________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?

YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

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

Why or why not?  Property is approximately 5 acres and has adequate onsite parking.

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

The specific conditions of approval are as follows:

1. The conditional use permit is specific to the submitted application and sketch only.
2. No habitation of the structure or on the property.

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

August 8, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Consideration of Conditional Use Permit Application #23-12CU by Christopher and Dawn Eklund

A tract of land located in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4)  Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel ID# 19.21.34.040. Applicant is requesting a Conditional Use Permit as required by Section 6.3 of the Lake of the Woods County Zoning Floodplain Ordinance to allow an alternative elevation method of the existing structure. This portion of Bostic Creek is considered Lake of the Woods, a General Development Lake.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following CUP #23-12CU/Findings of Fact by Christopher and Dawn Eklund to allow an alternative elevation method of the existing structure with the following conditions:

1. Upgrading of well and septic system to be completed one year from approval.
2. Lowest portion of the building must be at 1066.2 or higher.
3. Meet all other applicable requirements per Lake of the Woods County Floodplain Ordinance.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Christopher and Dawn Eklund Date: August 8, 2023

Location/Legal Description:  A tract of land located in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) Section Twenty-one (21), Township One-hundred sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.21.34.040.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 6.3 of the Lake of the Woods County Zoning Floodplain Ordinance to allow an alternative elevation method of the existing structure.

1)  Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )

Why or why not?  Recreational and residential.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Structure stabilization, new well, new septic system.

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

4. Why or why not?  ___________________________________________________________________

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

6. Why or why not?  ___________________________________________________________________

7. 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 (  )

8. Why or why not?  Bostic Bay waterfront.

9. 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)

10. Why or why not?  ___________________________________________________________________

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

12. Why or why not?  No change.

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

14. Why or why not?  Residential and commercial.
15. 15. Does the project proposal have a reasonable need to be in a shoreland location?

YES (X)  NO (  )  N/A (  )

Why or why not?  Existing recreational cabin.

16. 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 (  )

17. Why or why not?  New sewer system to be installed.

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

19. Why or why not?  No change.

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

21. Why or why not?  New well and sewer system.

22. 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)

23. Why or why not?  ___________________________________________________________________

24. 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?

25. YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

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

27. YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

28. 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? 

29. YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

30. 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)

31. Why or why not?  Private driveway off of Cyrus Road NW.

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. Upgrading of well and septic system to be completed one year from date of approval.
2. Lowest portion of the building (floor joists) must be at 1066.2 elevation (88 datum) or higher.
3. Meet all other applicable requirements per Lake of the Woods County Floodplain Ordinance.

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

August 8, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Cliffs Natural Resources Discussion

The board reviewed information from Cliffs Natural Resources

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session regarding Cliffs Natural Resources proposal for September 12, 2023 at 1:00p.m.

IT- Eagleview Flyover

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve a full county 6 inch resolution imagery flyover by Eagleview in spring of 2024 in the amount of $114,060.00 to be paid in three annual installment amounts of $38,020.00.

County Surveyor

County Surveyor Chad Conner discussed the land leased by Mr. Brian Powers with legal description and surveyed boundaries. He alsogave an update on funds approved in legislation that will become available to apply for in the fall that would benefit project efforts in surveying areas of the county.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the land lease with Mr. Brian Powers for one year until December 31, 2024. 

County Attorney

County Attorney James Austad gave a formal resignation and will supply a letter of resignation at a later date. Michelle Moren joined by phone and discussed terms for being an interim County Attorney to complete the remaining 3-year term of James Austad.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to accept the resignation from County Attorney James Austad with a projected last day of September 1, 2023.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to appoint Michelle Moren as interim County Attorney to complete the 3-year term of County Attorney James Austad effective August 16, 2023 at $100,000 per year plus mileage.

Northerly Park Legacy Grant Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Northerly Park Legacy Grant in the amount of $70,000.

Set Meeting Date-Commissioner/Senate Bonding Committee 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a meeting date with the Senate Bonding Committee for August 16, 2023 at 7:00p.m. with a viewing of the Williams School and Law Enforcement Center to follow. 

Correspondence

The board reviewed correspondence for the upcoming the International Rainy-Lake of the Woods Watershed Board Public Information Session August 16,2023.

Recess

With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 11:00 a.m.

Attest: August 22, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen