May 11, 2021

AGENDA

Tuesday, May 11, 2021

TIME TAB

9:00 a.m. #1

  • Pledge to the Flag
  • Approve Agenda
  • Approve the Minutes of April 27, 2021

9:05 a.m. #2 Social Services 

  • Claims

9:10 a.m. #3 Auditor/Treasurer

  • Claims
  • Revenue/Expenditure Review
  • Cigarette/Tobacco License, IceHole Tavern
  • County Owned Land Sale/Date and Terms

9:25 a.m. #4 Public Works

  • Highway
    • Tobin Fishery Easement
    • Award Contract SAP 039-622-008
    • Marti Carlson Retirement 
  • Solid Waste
    •  TV Dropoff 
    •   MPCA Update 

9:40 a.m. #5 Land and Water Planning

  • Consideration of Conditional Use Permit #21-07CU by Tillman Infrastructure, LLC on behalf of Richard and Teresa Humeniuk
  • Consideration of Conditional Use Permit #21-08CU by T & A Rentals, LLC

Correspondence: Thank you from Lake of the Woods High School Class of 2021

Old/New Business

  • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
  •  Land Trade
  • Township Road Inventory
  • Home Health Care Task Force
  • Law Enforcement Center

Information to attend by web or phone:
https://lotw20.my.webex.com/join/peder_h
Dial in: 1-408-418-9388
Access Code:  627433446

April 27, 2021

AGENDA

Tuesday, April 27, 2021

TIME TAB

9:00 a.m.

#1
Pledge to the Flag
Approve Agenda
Approve the Minutes of April 13, 2021

9:05 a.m. #2 Social Services 

  • Claims
  • Contract with Sanford Behavioral Health for CBS Services
  • Contract with Stellher Human Services for Youth Crisis Response

9:10 a.m. #3 Auditor/Treasurer

  • Claims
  • Liquor License, IceHole Tavern
  • Set Cartway Hearing Date, Peter Jones
  • Land Sale, Date and Terms of Sale

9:30 a.m. #4 Emergency Management

  • 2020 Emergency Management Performance Grant Agreement

9:35 a.m. #5 Human Resources

  • Environmental Specialist Position

9:40 a.m. #6 Public Works

  • Highway
    • Approval of SAP 039-633-008
  • Solid Waste
    • MPCA Update

9:50 a.m. #7 Lake of the Woods County Fair Board

  • Grandstand Project

Old/New Business

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
Land Trade
Township Road Inventory
Home Health Care Task Force
Law Enforcement Center

Information to attend by web or phone:
https://lotw20.my.webex.com/join/peder_h
Dial in: 1-408-418-9388 Access Code: 6274334466

April 13, 2021

April 13, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 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, Jon Waibel, Cody Hasbargen and Buck Nordlof.  Commissioner Ed Arnesen arrived to the meeting at 9:05 a.m. Also present: Jaime Boretski-LaValla.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following additions: Lake of the Woods Tourism.

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 March 16, 2021.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of March 23, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioner Warrants $15,493.15; Commissioner Warrants $2,560.95; Commissioner Warrants $15,900.81.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $48,901.60; Road & Bridge $48,593.66; County Development $4,200.50; Solid Waste $38,734; EDA $6,294.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 4/13/2021 For Payment 4/16/2021

Vendor Name Amount

ByteSpeed, LLC 3,940.00

Cenex Co-Op Services, Inc. 6,756.62

Deputy Registrar No.75 2,609.50

Freeberg & Grund, Inc 21,510.05

Headwaters Regional Development Commiss 6,250.00

Interstate Billing Service Inc 2,725.70

JMD Manufacturing Inc 2,496.00

Lakewood Health Center 5,256.00

LOW Highway Dept 10,573.75

Mar-Kit Landfill 16,120.50

Powerplan 5,192.60

Quadient Finance USA Inc. 4,000.00

R & Q Trucking, Inc 5,150.00

University Of Mn 9,407.00

Voyageurs Comtronics, Inc 2,995.20

WIDSETH 5,250.50

74 Payments less than 2000   36,490.90

Final Total: 146,724.32

Further moved to authorize the payment of the following auditor warrants: March 24, 2021 for $24,982.53; March 31, 2021 for $2,165.13; April 1, 2021 for ($66); April 1, 2021 for ($121.40); April 3, 2021 for $233,831.28; April 7, 2021 for $68,668.03.

Tower Space User Agreement Amendment

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the amendment of the Tower Space User Agreement with Minnkota Power Cooperative, Inc., adding an additional antenna, and for Chair Joe Grund and County Auditor-Treasurer Lorene Hanson to sign the same. The amended agreement will be for $8,500 per year. 

LAKE OF THE WOODS TOURISM

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to provide a letter of support for the Resort and Tourism Economic Relief Program and for Chair Joe Grund to sign the same.

LAKE OF THE WOODS SENIOR CLASS TRIP

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to donate $2,200 from Con Con Funds to Lake of the Woods School’s Class of 2021, for their class trip.

SHERIFF

Sentencing to Service Joint Powers Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Joint Powers Agreement with the State of Minnesota for the Sentencing to Service Program; $2,778.52 for FY2022 and $2,872.99 for FY2023, and for Chair Joe Grund to sign the same.

Approval to purchase cameras

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of cameras, through Marco, for the Sheriff’s Department.

HUMAN RESOURCES

Jail/TAC Administrator Position

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve to hire for the Jail/TAC Administrator Position at grade 11, step 9, $24.60 per hour.

Permission to advertise, interview and hire for Night-Time E-911 Corrections Officer

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve to advertise, interview and hire for the Night-Time E-911 Corrections Officer position.

PUBLIC WORKS
Highway
Update
AJ Pirkl, County Engineer, provided a Highway Update.  The department is under budget and will plan to use remaining budget dollars for over-time hours on projects.  Ditching work started on April 5th and it is going well.  Pirkl is evaluating options to repair the County Road 80 drainage issues and plans to start the project in the spring or early summer.  

Solid Waste Landfill
MPCA Update
AJ Pirkl, County Engineer, provided an update on his last meetings with the MPCA regarding the landfill.  Conversations are ongoing regarding the use of a three-foot cap or a synthetic cover for the landfill.

Parks and Rec
Approval to purchase a roll-in dock
AJ Pirkl, County Engineer, discussed quotes received for a dock at Ship’s Wheel public access.  It was the consensus of the Board to go with a Hewitt roll-in dock.  The 30-foot-long and 5-foot-wide dock will cost $3,450.  The dock will be delivered in approximately two weeks.

LAND AND WATER PLANNING
Consideration of Conditional Use Permit #21-04CU by Devlin Reasy
Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-04CU by Devlin Reasy: Lots 4 and 5, Block 1, Turgeon Estates, Section Twenty (20), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West, Parcel ID# 24.60.01.040. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards of material outside of the shore impact zone of the Rainy River for the purposes of controlling erosion and sedimentation. The Rainy River is an Agricultural River segment.

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact for Devlin Reasy to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards of material outside of the shore impact zone of the Rainy River for the purposes of controlling erosion and sedimentation as presented: 

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

Name of Applicant: Devlin Reasy Date:  April 13, 2021

Location/Legal Description:  Lots 4 and 5, Block 1, Turgeon Estates, Section Twenty (20), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West, Parcel ID# 24.60.01.040.

Project Proposal: Applicant is requesting to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards of material outside of the shore impact zone of the Rainy River for the purpose of controlling erosion and sedimentation.

  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?  Control erosion.

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?  Erosion control.

  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 adversely affect these.

  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?  Reason for project.

  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?  Reason for project.

  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:  None

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

April 13, 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 #21-05CU by Knife River on behalf of The Welberg Family Trust
Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-05CU by Knife River on behalf of The Welberg Family Trust:  The SW¼NE ¼; SE¼NW¼; NE¼SW¼; NW¼SE¼; Section Thirty-six (36), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, Parcel ID# 19.36.13.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow the expansion and continue the extractive and commercial use of the property consisting of aggregate mining and washing and hot mix asphalt plant in a Rural Residential Zoning District (R2).

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact for Knife River on behalf of The Welberg Family Trust to allow the expansion and continue the extractive and commercial use of the property consisting of aggregate mining and washing and hot mix asphalt plant in a Rural Residential Zoning District (R2), the specific conditions of approval are as follows:
1. The Conditional Use Permit is valid for ten years and terminates on April 13, 2031.
2. Must meet all applicable Minnesota Pollution Control Agency rules and regulations.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Knife River on behalf of The Welberg Family Trust Date:  April 13, 2021

Location/Legal Description:  The SW¼NE ¼; SE¼NW¼; NE¼SW¼; NW¼SE¼; Section Thirty-six (36), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, Parcel ID# 19.36.13.000.

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow the expansion and continue the extractive and commercial use of the property consisting of aggregate mining and washing and hot mix asphalt plant in a Rural Residential Zoning District (R2).

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

Why or why not?  Existing aggregate mining.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Aggregate mining proposal.

  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?  No change.

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

Why or why not?  Same access as before expansion.

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

Why or why not?  No change.

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 (  )  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 Conditional Use Permit is valid for ten (10) years and terminates on April 13, 2031.
  2. Must meet all applicable Minnesota Pollution Control Agency rules and regulations.

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

April 13, 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 #21-06CU by Knife River on behalf of Michael Gamache
Consideration of Conditional Use Permit #21-06CU by Knife River on behalf of Michael Gamache:  The SW¼NW ¼, Section Three (3), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West, Parcel ID# 23.03.23.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow extractive use of the property consisting of aggregate mining in a Rural Residential Zoning District (R2).

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact for Knife River on behalf of Michael Gamache to allow extractive use of the property consisting of aggregate mining in a Rural Residential Zoning District (R2), the specific conditions of approval are as follows:
1. Conditional Use Permit terminates upon completion of the Lake of the Woods County CSAH #6 road       project.
2.  A dust control plan is to be submitted to and approved by the Lake of the Woods Public Works Director.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Knife River on behalf of Michael Gamache Date:  April 13, 2021

Location/Legal Description:  The SW¼NW ¼, Section Three (3), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West, Parcel ID# 23.03.23.000.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow extractive use of the property consisting of aggregate mining in a Rural Residential Zoning District (R2).

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

Why or why not?  Aggregate mining.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Aggregate mining to create a pond.

  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?  Existing road.

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

Why or why not?  Existing pit.

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 (  ) 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 – vegetative cover in place.

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

Why or why not? ______________________________________________________

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

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

Why or why not?  Via 38th Ave 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. The Conditional Use Permit terminates upon completion of the Lake of the Woods County CSAH #6 road project.
  2. A dust control plan is to be submitted to and approved by the Lake of the Woods Public Works Director.

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

April 13, 2021 _____________________________________

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 10:18 a.m.

Attest: April 27, 2021

_________________________________ _________________________________

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

April 13, 2021

AGENDA

Tuesday, April 13, 2021

TIME TAB
9:00 a.m. #1 Pledge to the Flag
Approve Agenda
Approve the Minutes of March 16, 2021
Approve the Minutes of March 23, 2021

9:05 a.m. #2 Social Services

  • Claims

9:10 a.m. #3 Auditor/Treasurer

  • Claims
  • Tower Space User Agreement Amendment

9:20 a.m. #4 Lake of the Woods Senior Class Trip
9:30 a.m. #5 Sheriff

  • Sentencing to Service Joint Powers Agreement
  • Approval to purchase cameras

9:40 a.m. #6 Human Resources

  • Jail/ TAC Administrator Position
  • Permission to advertise, interview and hire for Night-Time E-911 Corrections Officer

9:50 a.m. #7 Public Works

  • Highway
    • Update
  • Solid Waste/Landfill
    • MPCA Update
  • Parks and Rec
    • Approval to purchase roll-in dock

10:00 a.m. #8 Land and Water Planning

  • Consideration of Conditional Use Permit #21-04CU by Devlin Reasy
  • Consideration of Conditional Use Permit #21-05CU by Knife River on behalf of The Welberg Family Trust
  • Consideration of Conditional Use Permit #21-06CU by Knife River on behalf of Michael Gamache

LAKE OF THE WOODS COUNTY IS COMMITTED TO ENSURE HIGH QUALITY SERVICES IN A COST EFFECTIVE MANNER FOR ALL ITS CITIZENS
An Equal Opportunity Employer

Old/New Business
Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
Land Trade
Township Road Inventory
Home Health Care Task Force
Law Enforcement Center

Information to attend by web or phone:
https://lotw20.my.webex.com/join/peder_h
Dial in: 1-408-418-9388
Access Code: 627433446

March 23, 2021

Commissioner Proceedings

March  23, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 23, 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 and Ed Arnesen.  Commissioner Cody Hasbargen attend by phone. Absent: Commissioner Buck Nordlof.  Also, present: County Auditor/Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with the following additions: Survey for Land Sale.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the official and summarized minutes of March 9, 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 Warrant’s $10,147.15; Commissioners Warrant’s $2,187.49; Commissioners Warrant’s $12,418.99.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the claims against the County as follows: Revenue $29,998.04; Road & Bridge $36,687.28; County Development $19,900; Solid Waste $24,418.99; EDA, $8,403.07. 

WARRANTS FOR PUBLICATION

Warrants Approved On 3/23/2021 For Payment 3/26/2021

Vendor Name Amount

Benco Equipment 4,545.00

Cenex Co-Op Services, Inc. 6,296.07

Counties Providing Technology 3,860.00

Farmers Union Oil Co. 3,477.35

Interstate Billing Service Inc 18,500.00

Lake Area Construction Inc 19,700.00

Mar-Kit Landfill 13,858.00

Mn/State Of 14,487.75

Powerplan 5,131.40

U.S. Bank Equipment Finance 6,268.50

Warroad/City Of 7,583.33

31 Payments less than 2000     15,699.98

                                     Final Total: 119,407.38

Further moved to authorize the payment of the following auditor warrants: March 10, 2021 for $54,224.97; March 17, 2021 for $1,502,977.91.

Wikstrom Easement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve two Right-Of-Way-Easements, for installing fiber optic cable, to Wikstrom Telephone Company Incorporated, as presented, and for Chair Joe Grund to sign the same.

Post Prom Party Donation Request

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve a $200 donation to Post Prom.

SHERIFF

TZD Grant Agreement

Resolution

The following resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call the following:

RESOLUTION 

AUTHORIZING PARTICIPATION AGREEMENT 

For

2021 Speed and Aggressive Driving Enforcement Grant Program

RESOLUTION NO. 21-03-02

WHEREAS; Lake of the Woods County will enter into a grant agreement with the Minnesota Department of Public Safety for traffic safety enforcement projects during the period of February 2, 2021 – September 30, 2021.

BE IT RESOLVED; Lake of the Woods County Board Chair is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of Lake of the Woods County Sheriff’s Office, and to be fiscal agent and administer the grant.

PUBLIC WORKS

Highway

Permission to interview and hire part-time summer workers

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the advertising, interviewing and hiring of up to five part-time summer workers.

Northwest Angle Gravel Contract

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve a gravel contract with Border Ridge Trucking Inc. at $99,999.

Letter of Support for Grant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve a letter of support for a Legislative-Citizen Commission on Minnesota Resources (LCCMR) Grant, to conduct a feasibility study on human generated sludge in the lake, and for Chair Joe Grund to sign the same.

Allstates Reclaiming Contract for CR 73, 74, 75

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve a contract with Allstates Pavement Recycling & Stabilization Inc. in the amount of $30,573.03 for CR 73, 74 and 75.

DNR
Area Wildlife Presentation
MN DNR Area Wildlife Managers, Scott Laudenslager and Gretchen Mehmel, provided an update to the Board.  Laudenslager shared information on the most recent deer and bear harvests.  Mehmel presented information on wildlife habitat management efforts.

SURVEY FOR LAND SALE
Chad Conner, Land Surveyor, provided an update on the land surveying schedule.  Possible dates for the land sale were also discussed.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 11:04 a.m.

Attest: April 13, 2021

_________________________________ _________________________________

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

March 16, 2021

Commissioner Proceedings

March 16th, 2021

The Lake of the Woods County Board of Commissioners met in Special Session on Tuesday, March 16th, 2021 at Lake of the Woods County Government Center in the Commissioner’s Room. 

CALL TO ORDER

Chairman Joe Grund called the meeting to order at 9:00 a.m. with the following members present:  Commissioners: Joe Grund, Cody Hasbargen, Ed Arnesen, Buck Nordlof, and Jon Waibel. Also present: Human Resource Director, Savanna Slick 

NON-ELECTED DEPARTMENT HEAD EVALUATIONS

County Engineer, Anthony Pirkl met with the board for a performance evaluation.  Anthony chose to have his review open.  County Engineer, Anthony Pirkl, was evaluated and received a favorable review. 

County Assessor, Mary Jo Otten met with the board for a performance evaluation.  Mary Jo chose to have her review open.  County Assessor, Mary Jo Otten, was evaluated and received a favorable review. 

Land & Water Planning Director, Josh Stromlund met with the board for a performance evaluation.  Josh chose to have his review open.  Land & Water Planning Director, Josh Stromlund, was evaluated and received a favorable review.  

MIS Director, Peder Hovland met with the board for a performance evaluation.  Peder chose to have his review open.  MIS Director, Peder Hovland, was evaluated and received a favorable review.  

Social Services Director, Amy Ballard met with the board for a performance evaluation.  Amy chose to have her review open.  Social Services Director, Amy Ballard, was evaluated and received a favorable review. 

ELECTED DEPARTMENT HEAD UPDATES

County Recorder, Sue Ney presented the board with updates from the Lake of the Woods County Recorder’s Office. 

County Sheriff, Gary Fish presented the board with updates from the Lake of the Woods County Sheriff’s Office.  

RECESS

With no further business before the board, Chairman Grund called the meeting to recess at
2:45 p.m. 

Attest: April 13, 2021

_________________________________ _________________________________

Human Resource Director, Savanna Slick Chair of the Board, Joe Grund 

March 9, 2021

Commissioner Proceedings

March  9, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 9, 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, Buck Nordlof, Cody Hasbargen, and Ed Arnesen. Also, present: County Auditor/Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Commissioner Joe Grund took a moment to remind County Employees to buy local and keep receipts for items purchased for the County, however, Grund did not feel it was necessary to add this item to the agenda for further discussion.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following additions: Human Resources: Jail/TAC Admin Job Description; Jail/TAC Admin Advertise, Interview, Hire; Workplace Harassment and Discrimination Training; Permission to Hire for Highway Deputy Accountant and Attorney: Closed Session.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of February 23, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $12,762.74; Commissioners Warrant’s $1,278.46; Commissioners Warrant’s $17,614.73.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $41,567.64; Road & Bridge $119,587.32; County Development $4,501.50; Solid Waste $11,236.03; EDA, $409.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 3/09/2021 For Payment 3/12/2021

Vendor Name Amount

Baudette/City Of 5,000.00

Bollig Inc 2,000.00

Ferrellgas 3,086.21

FM Truck Sales, LLC 39,575.00

LOW Highway Dept 3,557.50

Mn State Dept-Correction 21,528.82

R & Q Trucking, Inc 2,575.00

Team Lab 66,000.00

WIDSETH 5,751.50

50 Payments less than 2000   28,228.02

Final Total: 177,302.05

Further moved to authorize the payment of the following auditor warrants: February 24, 2021 for $61,872.23; March 2, 2021 for $275,624.46; March 3, 2021 for $10,956.63.

PUBLIC WORKS

Highway

Purchase of Semi-Trailer, Tire Changing Machine

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of: Midland belly dump trailer at $40,255, Midland side dump trailer at $44,555, tire changing machine at $4,545 and hydro seeder at $31,595.

Bridge Replacement Resolution

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

Prioritized Bridge Replacement List

Resolution No. 2021-03-01

WHEREAS, Lake of the Woods County has reviewed the pertinent data on bridges requiring replacement, rehabilitation, or removal, supplied by local citizenry and local units of government, and

WHEREAS, Lake of the Woods County has identified those bridges that are high priority and that require replacement, rehabilitation, or removal within the next five years;

NOW, THERFORE BE IT RESOLVED that the following deficient bridges are high priority and Lake of the Woods County intends to replace, rehabilitate, or remove these bridges as soon as possible when funds are available,

Old Bridge NumberRoad Number or NameTotal Project CostTownship or State Bridge FundsFederal FundsLocal or State Aid FundsProposed Construction Year
Old Bridge NumberRoad Number or NameTotal Project CostTownship or State Bridge FundsFederal FundsLocal or State Aid FundsProposed Construction Year
7255CSAH 8$700,000.00$0.00$0.00$700,000.002021
R0622TR 53$160,000.00$140,000.00$0.00$20,000.002021
92633CR 63$325,000.00$300,000.00$0.00$25,000.002023
7581TR 83$325,000.00$300,000.00$0.00$25,000.002024
7582TR 83$325,000.00$300,000.00$0.00$25,000.002024
L9510TR 131$55,000.00$45,000.00$0.00$5,000.002025
R0740TR 361$55,000.00$45,000.00$0.00$5,000.002026
R0259TR 361$55,000.00$45,000.00$0.00$5,000.002026

FURTHERMORE, Lake of the Woods County does hereby request authorization to replace, rehabilitate, or remove such bridges; and

FURTHERMORE, Lake of the Woods County does hereby request financial assistance with eligible approach grading and engineering costs on township bridges, as provided by law. 

Bridge Soil Boring Approval

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve bridge soil boring by Element at a cost of $31,740.

Solid Waste

MPCA Update

It was the consensus of the Board to set up a Solid Waste Work Session for March 23rd, after the regular Board meeting, to review the updated MPCA stipulation agreement, landfill life expectancy and additional solid waste items.

Approval of Building Improvements

County Engineer AJ Pirkl requested to bring this agenda item back to the Board at a later date.

Approval of E-waste Grant

County Engineer AJ Pirkl requested permission to work on a MPCA E-waste Grant for TV disposal.  It was the consensus of the Board for Pirkl to proceed and to prepare a resolution for approval.

HUMAN RESOURCES

Approval to Advertise, Interview and Hire

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve to advertise, interview and hire for the Environmental Specialist position at Grade 9, Points 232, Step 1, $18.80 per hour.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve to advertise, interview and hire for the Assistant Zoning Inspector position at Grade 11, Points 262, Step 1, $20.93 per hour.

Jail/TAC Admin Job Description

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the job description as presented for Jail/TAC Admin at Grade 11, Points 262.

Jail/TAC Admin Advertise Interview and Hire

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve to advertise, interview and hire for the Jail/TAC Admin position at Grade 11, Points 262, Step 1, $20.93 per hour.

Permission to Hire Highway Deputy Accountant

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve to hire for the Highway Deputy Accountant position at Grade 10, Points 233, Step 3, $20.70 per hour.

Workplace Harassment and Discrimination Training

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of workplace harassment and discrimination training through Convene at a cost of $498 for both management and frontline employees.

WEBSITE UPDATE

Katie Pieper from Sand Pieper Design provided the Board with an update on the County’s website project.  The next phase will be to provide training to each department on how to update website information.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #21-03CU by Gregg Hennum: Lot 14 Block 1 Birch Acres Section Twenty-four (24), Range One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#: 19.61.01.140. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to establish a Residential Planned Unit Development in a Residential Development (Rl) Zoning District.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact for Gregg Hennum to establish a Residential Planned Unit Development in a Residential Development (Rl) Zoning District as presented: 

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  _Gregg Hennum____________________________ Date:  _March 9, 2021__

Location/Legal Description:  _Lot 14, Block 1, Birch Acres Subdivision___________________

Project Proposal:  _Residential PUD in R1 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?  Residential housing in growth corridor.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Stormwater to be addressed.

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?  See #2.

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

Why or why not?  Will not.

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Access from Fishery Road.

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

Why or why not?  Residential zoning.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Wheeler’s Point Sanitary District.

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 (X)  NO (  )  N/A (  )

Why or why not?  New well and Sanitary District.

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 (X)  NO (  )  N/A (  )

Why or why not?  If required.

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

Why or why not?  Fence on NE side.

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?  On site plan.

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

The specific conditions of approval are as follows:  _____________________________________________

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

March 9, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

TOURISM

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to pursue special legislation for a Lake of the Woods County-wide lodging tax, which includes all land and water in Lake of the Woods County.

RECESS

The Board took at brief recess at 11:04 a.m. and reconvened at 11:10 a.m.

ATTORNEY

Closed Session

Motion

Motion was made by Commissioner Cody Hasbargen to close the regular meeting at 11:10 a.m. and go into closed session pursuant to MN. Stat § 13D.05 sub. 3. The motion was seconded by Commissioner Jon Waibel and the same being put to a vote was unanimously carried. 

In attendance: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Cody Hasbargen and Ed Arnesen; Auditor/Treasurer Lorene Hanson, Attorney James Austad, Human Resources Savanna Slick, Sheriff Gary Fish.

Motion
Motion was made by Commissioner Ed Arnesen to close the closed session at 11:50 a.m. and open the regular meeting. The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote was unanimously carried.

RECESS

With no further business before the Board, Chair Joe Grund called the meeting to recess at 11:55 a.m.

Attest: March 23, 2021

_________________________________ _________________________________

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

March 9, 2021

AGENDA
Tuesday, March 9, 2021

TIME TAB
9:00 a.m. #1
Pledge to the Flag

Approve Agenda
Approve the Minutes of February 23, 2021

9:05 a.m. #2 Social Services

  • Claims

9:10 a.m. #3 Auditor/Treasurer

  • Claims

9:15 a.m. #4 Public Works

  • Highway
    • Purchase of Semi-Trailer
    • Purchase of Tire Changing Machine
    • Bridge Replacement Resolution
    • Bridge Soil boring Approval
  • Solid Waste
    • MPCA Update
    • Approval of Building Improvements
    • Approval of E-waste Grant

9:25 a.m. #5 Human Resources

  • Approval to Advertise, Interview and Hire
    • Environmental Specialist
    • Assistant Zoning Inspector

9:35 a.m. #6 Website Update
9:50 a.m. #7 Land and Water Planning

  • Consideration of Conditional Use Permit #21-03CU by Gregg Hennum

10:20 a.m. #8 Tourism
10:35 a.m. #9 Work Session: Ordinances

Old/New Business

  • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • Home Health Care Task Force
  • Law Enforcement Center

Information to attend by web or phone:
https://lotw20.my.webex.com/join/peder_h
or
Dial in: 1-408-418-9388
Access Code: 627433446

February 23, 2021

Commissioner Proceedings

February 23, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, February 23, 2021 in the ITV room at the Lake of the Woods School. 

High School Social Studies teacher, Mr. Don Krause

Mr. Don Krause thanked the Commissioners for meeting at the School so his students could attend and participate in the meeting.

CALL TO ORDER

Chair Joe Grund called the meeting to order at 8:35 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Cody Hasbargen, Ed Arnesen, Jon Waibel and Buck Nordlof.  Also present was: 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: Approve Minutes from February 17, 2021, Human Resources/Non-Elected Department Head Review Date, Law Enforcement Center, and Tourism.   

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 February 9, 2021.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of February 17, 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 $7,526.27, Commissioners Warrants $2,821.45, Commissioners Warrants $8,345.69.

HUMAN RESOURCES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to set the date for non-elected department head reviews for March 16, 2021 at 9:00 a.m. in the Commissioner’s Room at the Lake of the Woods County Government Center.

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, with the exception of the claim for vendor 5892 for $628.64: Revenue $38,454.39; Road & Bridge $23,361.25; County Development $200; Joint Ditch $43,719.72; Solid Waste $11,443.96; EDA $905.28.

WARRANTS FOR PUBLICATION

Warrants Approved On 2/23/2021 For Payment 2/26/2021

Vendor Name Amount

Cenex Co-Op Services, Inc. 7,876.91

Code 4 Services,Inc 3,487.78

Counties Providing Technology 3,860.00

Interstate Billing Service Inc 17,548.58

LOW Highway Dept 41,217.80

Quadient Finance USA Inc. 2,000.00

R & Q Trucking, Inc 2,060.00

Roseau County Sheriff 2,585.00

Roseau County Treasurer 2,501.92

Sandpieper Design Inc. 11,800.28

U.S. Bank Equipment Finance 6,268.50

36 Payments less than 2000 16,877.83

        Final Total: 118,084.60

Further moved to authorize the payment of the following Auditor warrants: February 10, 2021 for $58,671.23; February 17, 2021 for $309,288.29.

Transfer of CARES ACT Funds

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the transfer of $256,250 from the Revenue fund to the Economic Development Authority fund for the appropriations of the CARES ACT funds: $256,000 for the small businesses and $250 for CARES administration.

Rehabilitation Housing Satisfactions

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve County Board Chair Joe Grund to sign the Satisfaction of Mortgage for the Rental and Rehabilitation Loan Program with Barry and Janelle Westerlund.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve County Board Chair Joe Grund to sign two separate Satisfactions of Mortgage for the Rental and Rehabilitation Loan Program with Brock and Sherri Stebakken.

COUNTY EXTENSION

Brenda Nelson, Extension Educator and 4-H Youth Development, along with a few students, provided an update to the Board on the program’s accomplishments.  4-H Cloverbuds workshops for grades K-3 and STEM workshops for grades 4-6 continue to be offered and curriculum for students in grades 7-12 called Youth and You was also added.  A catalog with Spring and Summer class offerings for the Northwest Region was reviewed.

RECESS

The Board took a brief recess at 9:20 a.m. and reconvened the meeting at 9:30 a.m.

PINE TO PRAIRIE TASK FORCE 

Sergeant Schrage provided an update on the Pine to Prairie Drug Task Force, which works with nine different counties, local law enforcement, conservation officers, the Paul Bunyan Task Force and others. 

BORDERLAND TREATMENT COURT

Amanda Zortman, Bryan Hasbargen, Lisa Havluck and Judge Jerrod Shermoen presented on the process and the purpose of the Borderland Substance Abuse Court.  Treatment courts can help lead people living with substance use out of the justice system and into lives of recovery and stability.

LAKE OF THE WOODS SENIOR CLASS TRIP

Several students from the Lake of the Woods High School Graduating Class of 2021 shared their plans for a senior class trip. The Board asked the students to attend the Board meeting on March 23rd to provide an update.

PUBLIC WORKS

Highway

Approval of bids: SAP 039-608-024, SAP 039-631-007, SAP 039-606-019

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the bid from Gladen at $600,660 for SAP 039-608-024.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the bid from Knife River at $2,121,067.57 for SAP 039-631-007 and SAP 039-606-019.

Approval to advertise for bids: SAP 039-622-08

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the advertisement for bids on SAP 039-622-08. 

Resolution for LRIP Grant

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

LOCAL ROAD IMPROVEMENT PROGRAM

LAKE OF THE WOODS COUNTY SPONSORING AGENCY

For

Main Avenue North, City of Baudette Project

Resolution No. 2021-02-04

WHEREAS, the City of Baudette is applying to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement for Project – Main Avenue North;

BE IT RESOLVED, that Lake of the Woods County agrees to act as sponsoring agency for the project identified as Main Avenue North, seeking Local Road Improvement Program funding and has reviewed and approved the project as proposed.  Sponsorship includes a willingness to secure and guarantee the local share of costs associated with this project and responsibility for seeing this project through to its completion, with compliance of applicable laws, rules and regulations; and,

BE IT FURTHER RESOLVED, that Lake of the Woods County hereby authorizes County Engineer, Anthony Pirkl to act as agent on behalf of this sponsoring agency.

Resolution for LRIP Grant

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

LOCAL ROAD IMPROVEMENT PROGRAM

LAKE OF THE WOODS COUNTY SPONSORING AGENCY

For

Eighth Ave South East, City of Baudette Project

Resolution No. 2021-02-05

WHEREAS, the City of Baudette is applying to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement for Project – Eighth Ave South East;

BE IT RESOLVED, that Lake of the Woods County agrees to act as sponsoring agency for the project identified as Eighth Ave South East, seeking Local Road Improvement Program funding and has reviewed and approved the project as proposed.  Sponsorship includes a willingness to secure and guarantee the local share of costs associated with this project and responsibility for seeing this project through to its completion, with compliance of applicable laws, rules and regulations; and,

BE IT FURTHER RESOLVED, that Lake of the Woods County hereby authorizes County Engineer, Anthony Pirkl to act as agent on behalf of this sponsoring agency.

Amend Agenda

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to amend the agenda to add, under Public Works/Highway: Purchase of 2015 Freightliner Cascadia.

Purchase of 2015 Freightliner Cascadia 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of a 2015 Freightliner Cascadia 125 for $40,500.

SHERIFF’S DEPARTMENT

CentralSquare Contract Signature and Financing

Resolution

The following resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously the following; contingent upon approval of County Attorney James Austad, County Sheriff Gary Fish and final approval of contract:

RESOLUTION APPROVING 

LEASE PURCHASE AGREEMENT FOR 

PURPOSE OF FINANCING A PUBLIC SAFETY PROJECT

RESOLUTION NO. 21-02-06

WHEREAS, Upon approval of legal counsel, Lake of the Woods County desires to enter into that certain Lease Purchase Agreement by and between Lake of the Woods County and Government Capital Corporation, for the purpose of financing a “public safety project”.  The County desires to designate this Agreement as a “qualified tax-exempt obligation” of the County for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. The County desires to designate Chair Joe Grund as an authorized signer of the Agreement.

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

Section 1. That Lake of the Woods County enters into a Lease Purchase Agreement with Government Capital Corporation for the purpose of financing a public safety project.

Section 2.  That the Lease Purchase Agreement by and between Lake of the Woods County and Government Capital Corporation is designated by the County as a “qualified tax exempt obligation” for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended.

Section 3.  That the County designates Chair Joe Grund, as an authorized signer of the Lease Purchase Agreement by and between Lake of the Woods County and Government Capital Corporation.

Section 4. That should the need arise, if applicable, the County will use proceeds for reimbursement of expenditures related to the Property, within the meaning of Treasury Regulation § 1.150-2, as promulgated under the Internal Revenue Code of 1986, as amended.

PROBATION PROGRAM

Marc Bloomquist presented on the MN Department of Corrections Probation/Supervised Release Program. Lake of the Woods County participates in this program, which can provide supervision for offenders to include face-to-face contacts, electronic home monitoring, mandatory work or school, daily curfews, mandatory restitution and random drug testing.

RECESS

The meeting was called to recess at 12:30 p.m. and reconvened at 1:00 p.m. as follows.

LAKE OF THE WOODS SOIL AND WATER CONSERVATION

2020 County Feedlot Officer Annual Report

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the 2020 County Feedlot Officer Annual Report, as presented by Mike Hirst with Lake of the Woods County’s Soil & Water Conservation District.

Aquatic Invasive Species (AIS) Update

Mike Hirst with Lake of the Woods County’s Soil & Water Conservation District provided an update on the Aquatic Invasive Species Program.  In 2020, the program focused on inspections, education/outreach and early detection efforts.

Keep It Clean Program

Mike Hirst with Lake of the Woods County’s Soil & Water Conservation District provided an update on the Keep It Clean Program, which was created to promote cleanliness for Lake of the Woods.  

LAKE OF THE WOODS COUNTY FAIR BOARD

Grandstand Project

Members of the Lake of the Woods County Fair Board provided an update on the grandstand project.  A used grandstand from Gustavus Adolphus College is available at a cost of $100,000.  The estimate to complete the project is $250,000.  The Fair Board is working on fundraising for the project and provided the County Board with a copy of a donation letter. It was the consensus of the County Board to support the project and the Fair Board was asked to come back again with a project update.

LAKEWOOD PUBLIC HEALTH

COVID-19/Vaccination Update

Kay M. Schell from CHI LakeWood Health, provided an update on the COVID-19 positivity rate and the public health COVID-19 vaccination clinics.  

Funding Request

Jeffry Stampohar from CHI LakeWood Health provided an update and asked if the Board had any concerns about CHI LakeWood Public Health using the contracted $30,000 of flexible budget dollars for use toward the public health COVID-19 vaccination clinics, if needed.  CHI LakeWood Health has received funding from the state, but they are unsure if that will continue to cover all of the expenses of the vaccination clinics.  It was the consensus of the Board to approve the use of the $30,000 towards the vaccination clinics, if needed.

LAW ENFORCEMENT CENTER

Due to time, Commissioner Ed Arnesen withdrew his addition of Law Enforcement Center from the agenda.

TOURISM

Due to time, Commissioner Ed Arnesen withdrew his addition of Tourism from the agenda.

RECESS

With no further business before the board, Chair Joe Grund called the meeting to recess at 2:55 p.m.

Attest: March 9, 2021

__________________________________ _____________________________________

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

February 9, 2021

Commissioner Proceedings

February 9, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, February 9, 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, Buck Nordlof, Cody Hasbargen.  Commissioner Ed Arnesen attended by phone conference. 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 by roll call to approve the agenda with the following additions: Prep for Non-elected Department Head Reviews/Human Resources.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the official and summarized minutes of January 26, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the following claims: Commissioners Warrant’s $18,247.68; Commissioners Warrant’s $1,736.81; Commissioners Warrant’s $4,449.37.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the claims against the County as follows: Revenue $24,686.49; Road & Bridge $38,358.39; County Development $1,000; Solid Waste $26,181.92; EDA, $1,697.74. 

WARRANTS FOR PUBLICATION

Warrants Approved On 2/09/2021 For Payment 2/12/2021

Vendor Name Amount

Code 4 Services,Inc 2,920.00

Compass Minerals America 7,936.35

Howard’s Oil 3,153.63

Interstate Billing Service Inc 3,095.13

Little Falls Machine, Inc 8,172.28

LOW Highway Dept 6,900.00

Mar-Kit Landfill 17,221.50

Tillery/Dale 2,064.24

Woody’s Service 3,152.81

Ziegler, Inc 11,792.80

58 Payments less than 2000               25,515.80

                           Final Total: 91,924.54

Further moved to authorize the payment of the following auditor warrants: January 27, 2021 for $11,495.92; February 2, 2021 for $82,060.12; February 2, 2021 for $231,549.57.

Resolution for Off-Site Gambling – Northwest Angle Edge Riders

Resolution

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

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 21-02-01

WHEREAS; the Northwest Angle Edge Riders has submitted a Minnesota Lawful Gambling LG230 Application to Conduct Off-Site Gambling to be conducted at the following establishment, which is located in Lake of the Woods County: Sunset Lodge Resort on 2/27/2021.

 Sunset Lodge Resort 3179 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.

County Extension Committee Appointment

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to appoint Dean Thompson to the 2021 County Extension Committee.

Transfer of Funds: Ditch and CARA

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to authorize a temporary loan to Ditch Fund 22 and the CARA fund; to mitigate a temporary negative cash balance effective December 31, 2020.

Review County Lands for Sale/Auction

The Board reviewed the list of county lands that are eligible for auction.  It was the consensus of the Board to reduce the minimum bid to $1,000 for the three parcels in the City of Williams.  The county land adjacent to the Gustafson property will need to be surveyed and the right of way easement determined before a decision to sell it can be made. The land auction sale will be rescheduled for a later date to accommodate procedures and advertise.

Time Change for Board Meeting

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to change the start time for the Board meeting on February 23, 2021 to 8:30 a.m.  This meeting will be held at Lake of the Woods School.

SHERIFF

Joint Powers Agreement – Minnesota Anti-Heroin Task Force

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the Joint Powers Agreement for the Minnesota Anti-Heroin Task Force Program and for Commissioner Joe Grund to sign the same.

ATTORNEY

Memorandum of Understanding – Minnesota Legal Kiosk Project 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the Memorandum of Understanding between Legal Services of Northwest Minnesota and Lake of the Woods County Law Library and for Commissioner Joe Grund to sign the same.

MIS

IT/GIS Job Description Change 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the three-tier job descriptions for the MIS Department.


Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to move current IT/GIS employees in the MIS Department to Grade 15, Step 5, Points 337, effective the next full pay period.

HUMAN RESOURCES

Highway Office Manager Approval 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to hire Jane Larson to the Highway Office Manager position at Grade 13, Step 2, Points 299, effective May 15, 2021.

Approval to Advertise, Interview and Hire Highway Deputy Accountant

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to advertise, interview and hire for a Deputy Accountant in Highway at Grade 10, Step 1, Points 233.

PUBLIC WORKS

Highway

Amend Agenda

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve adding “Agreement with the City of Baudette” to the agenda.

Agreement with the City of Baudette

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve an agreement with the City of Baudette for maintenance of State Aid Roads in City Limits.

Purchase of Excavator

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the purchase of a John Deere 210G with tilt bucket, hydraulic attachment ability and 2D grade guidance at $268,254.

Purchase of Mulcher

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the purchase of a mulcher attachment for use on a Bobcat from Paladin at $18,500.

Truck Transfer to Sheriff’s Department

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the transfer of a Ford 150 from the Public Works Department to the Sheriff’s Department.

Approval on Consultant for SAP 039-608-025

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve WSB as the consultant for SAP 039-608-025 at $34,202.

Ditch/Drainage Authority

Provided an invoice for JD 28 at $41,217.80

Landfill

Trade-in and Purchase of Bobcat

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the purchase of a 770 Bobcat at $48,520.68 with trade-in of telehandler.

ZIPPEL BAY JETTY

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve up to $25,000 from Con Con Funds for maintenance dredging of the Zippel Bay Jetty.

LAND AND WATER PLANNING

Roseau River Watershed 1W1P

Resolution

This resolution was offered by Commissioner Cody Hasbargen, seconded by Commission Ed Arnesen, and adopted by a vote of 5-0 at a regular meeting of the Lake of the Woods County Board of Commissioners on February 9, 2021.

RESOLUTION TO SUPPORT A ROSEAU RIVER WATERSHED 

ONE WATERSHED, ONE PLAN PROJECT

Lake of the Woods County

Resolution #21-02-02

WHEREAS, the Minnesota Board of Soil and Water Resources has developed policies for coordination and development of comprehensive watershed management plans, also known as One Watershed, One Plan, consistent with Minnesota Statutes, Chapter 103B.801, Comprehensive Watershed Management Planning Program; and,

WHEREAS, Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water Management Act, authorizes Minnesota Counties to develop and implement a local water management plan; and,

WHEREAS, Minnesota Statutes, Chapter 103D.401, Watershed Management Plan, authorizes Minnesota Watershed Districts to develop and implement a watershed management plan; and,

WHEREAS, Minnesota Statutes, Chapter 103C.331, subdivision 11, Comprehensive Plan, authorizes Minnesota Soil and Water Conservation Districts to develop and implement a comprehensive plan; and,

WHEREAS, the counties, soil and water conservation districts, and watershed districts within the Roseau River Watershed (#46), as delineated in the attached One Watershed, One Plan Suggested Boundary Map, have interest in developing a comprehensive watershed management plan for this area.

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County recognizes and supports watershed-scale planning efforts consistent with Minnesota Statutes, Chapter 103B.801, also known as One Watershed, One Plan; and,

BE IT FURTHER RESOLVED that Lake of the Woods County welcomes the opportunity to collaborate with the counties, soil and water conservation districts, and watershed districts within the Roseau River Watershed for watershed-scale planning efforts in the future; and,

BE IT FURTHER RESOLVED that the Lake of the Woods County Board of Commissioners supports an application to the Board of Water and Soil Resources for a planning grant to develop a comprehensive watershed management plan and it is anticipated full participation is not warranted; however, staff will be able to provide comments on an as needed basis.

One Watershed, One Plan Suggested Boundary Map

Lower Rainy and Rapid Rivers 1W1P

Resolution

This resolution was offered by Commissioner James Nordlof, seconded by Commissioner Cody Hasbargen, and adopted by a vote of 5-0 at a regular meeting of the Lake of the Woods County Board of Commissioners on February 9, 2021.

RESOLUTION TO SUPPORT A RAPID AND LOWER RAINY RIVER WATERSHED 

ONE WATERSHED, ONE PLAN PROJECT

Lake of the Woods County

Resolution #21-02-03

WHEREAS, the Minnesota Board of Soil and Water Resources has developed policies for coordination and development of comprehensive watershed management plans, also known as One Watershed, One Plan, consistent with Minnesota Statutes, Chapter 103B.801, Comprehensive Watershed Management Planning Program; and,

WHEREAS, Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water Management Act, authorizes Minnesota Counties to develop and implement a local water management plan; and,

WHEREAS, Minnesota Statutes, Chapter 103C.331, subdivision 11, Comprehensive Plan, authorizes Minnesota Soil and Water Conservation Districts to develop and implement a comprehensive plan; and,

WHEREAS, the counties and soil and water conservation districts within the Rapid and Lower Rainy Watershed (#50) as modified in the attached One Watershed, One Plan Suggested Boundary Map, have interest in developing a comprehensive watershed management plan for this area.

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County recognizes and supports watershed-scale planning efforts consistent with Minnesota Statutes, Chapter 103B.801, also known as One Watershed, One Plan; and,

BE IT FURTHER RESOLVED that Lake of the Woods County welcomes the opportunity to collaborate with the counties and soil and water conservation districts within the Rapid and Lower Rainy Watershed for watershed-scale planning efforts in the future; and,

BE IT FURTHER RESOLVED that the Lake of the Woods County Board of Commissioners supports an application to the Board of Water and Soil Resources for a planning grant to develop a comprehensive watershed management plan and anticipates entering into a Memorandum of Agreement with the counties and soil and water conservation districts within the Rapid and Lower Rainy Watershed, to collaborate on this effort, pending selection as a recipient of a planning grant.

One Watershed, One Plan Suggested Boundary Map

Consideration of Conditional Use Permit #21-01CU by Grant and Savanna Slick

Land and Water Planning Director, Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #21-01CU by Grant and Savanna Slick:  A 4.6-acre tract in Section Twenty-nine (29), Range One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID#: 24.29.22.020. Applicants are 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 Zoning (R2).

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried by roll call, with Commissioner Buck Nordlof abstaining, to approve the following Findings of Fact for Grant and Savanna Slick to operate a short-term transient rental in a Rural Residential Zoning (R2), with conditions:  

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Grant & Savanna Slick_________________   Date:  February 9, 2021_____

Location/Legal Description:  A Tract of land in Section Twenty-nine (29), Range One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID#: 24.29.22.020

Project Proposal:  Operate a short-term transient rental in a Rural Residential Zoning District (R2)

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

Why or why not?  The Lake of the Woods County Board is clear about the type of values important to the county as it develops an approach to managing its land base. These values include a desire for local control over an individual choice when it comes to issues of work and leisure. The following is a summary of those values important to Lake of the Woods County, pertinent to this request:

  • Individual Choice – In the types of work and leisure to pursue, and in where to live and in the lifestyle to pursue;
  • Local Influence – Over policy that affects the lives of county citizens;
  • Balance – Between individual rights and the public’s welfare and between competing economic development objectives.

Low Density Rural Activity

Lands in Lake of the Woods County classified as low-density rural activity areas include farmsteads and rural residences, and other rural developments. The latter classification includes a significant number of resorts and recreational properties in the county and some commercial and industrial properties.

The low-density rural activity lands in Lake of the Woods County account for only a small fraction of total land uses. The county can expect to experience some modest growth in these uses primarily for recreational properties on or near lakeshore. Since 1980, almost all of the net growth of households has been in the rural areas of the county, outside of the limits of the cities, and all of the net increase in residences has been in the seasonal home category. In conclusion, there will be modest growth in intensive uses, principally seasonal home development, over the next two decades.

Future Land Use Plan

The following describes Lake of the Woods County’s vision for future land use and development in the county. It includes the county’s land use goals, policies it will promote through its activities, and a future land use map illustrating described future land use patterns in the county. It also includes specific implementation strategies the county will undertake to further its goals and policies.

  • Goals:  Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. The following are those goals pertinent to the project proposal.
  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain the tax base of the county so quality services can be provided.
  3. Improve recreational opportunities for residents and visitors.
  4. Maintain and, where necessary, improve water quality.
  • Policies:
  1. Maintain the county governments economic health through the maintenance of its tax base, and the promotion of compatible economic activity.
  2. Work to enhance the tourism industry in Lake of the Woods County through recreational enhancement and promotion activities.
  3. Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities.
  • Rural Development Activity:  Existing and future development areas which are within one-half mile of currently developed lands, but excluding lands that are either in public ownership, classed as wetlands, or more than one mile from an existing road. Future developments may include industrial, commercial, tourism, residential or other uses as appropriate to the site characteristics and neighborhood character.

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

YES (X)  NO (  )  N/A ( )

Why or why not? The public health, safety, and welfare will be maintained by upgrading the septic system, if necessary, and establishment of criteria via a rental agreement to ensure neighborhood character is maintained.

  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?  The project proposal is consistent with the goal of preventing and controlling water pollution by upgrading the septic system, if necessary.

  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?  There will be no change to the site’s existing topography, drainage features, and vegetative cover.

  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?  The project proposal is not changing the location of current structures.

  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?  The project proposal is not altering existing conditions.

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

Why or why not?  Access to and from the property is via an existing driveway which leads to an existing county road (22nd Ave NW).

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

Why or why not?  Surrounding land uses are consistent with a rural atmosphere as there is a mixture of seasonal and permanent residences, agricultural, and farmsteads. With proper conditions, the proposed use will be limited in scope as compared to adjacent seasonal and full-time residences.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Property is adjacent to the Winter Road river.

  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?  The current septic system was installed in 1987 and will be inspected during the summer of 2021.

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

Why or why not?  The proposed use will not alter the view from public waters.

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

YES (X)  NO (  )  N/A ( )

Why or why not?  The property is served from a private well and sewage treatment system.

  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 (X)  NO (  )  N/A ( )

Why or why not?  The Winter Road river is a tributary of the Rainy River.

  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?  The proposed use will not include storage tanks.

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

Why or why not?  Natural barrier of trees/vegetation is in existence.

  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?  There will be no signage associated with the proposed use.

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

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

Why or why not?  There is ample parking on the property with an existing driveway. No off-site parking is proposed or needed.

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

The specific conditions of approval are as follows:

  1. A septic system compliance inspection is to be performed prior to July 31, 2021. If the current system is found to be non-compliant, the system must be upgraded within two-years of the date of the inspection deeming it non-compliant.
  2. Must meet applicable Department of Health requirements.
  3. The current well must be tested and it must meet Minnesota drinking water standards. If the well doesn’t meet said standards, adequate measures must be taken to meet the standards, which may include drilling a new well.
  4. A rental agreement must be kept on file in the Land and Water Planning Office and available on the premises, which addresses and includes the following items:
    • Language reminding renters about boat speed on the Winter Road river.
    • Establishment of quiet hours from 10:00 pm to 7:00 am.
    • There shall be no more than eight (8) people residing or sleeping on the property.
    • Owner contact information is identified, or, in the case the owner is not immediately available, a local point of contact is established.
    • Language prohibiting large gatherings such as wedding receptions, parties, or any other large group function.
    • Establishment of immediate eviction criteria.
    • Language regarding animals and pets on the property.
    • Language regarding being courteous to neighboring property owners and trespassing.
    • Language regarding ATV and snowmobile traffic.
    • A property boundary map.
  5. The property corners are to be visible marked.
  6. This conditional use permit terminates upon sale or transfer of the property.

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

February 9, 2021 _____________________________________

Date Joe 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 #21-02CU by L & S Investing, LLC   

Land and Water Planning Director, Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #21-02CU by L & S Investing, LLC for Government Lots 3, 4, and 5, less deeded in Section Seven (7), Range One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID#: 24.07.32.009. Applicants are requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) Zoning District.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the following Findings of Fact for L & S Investing, LLC to operate a short-term transient rental in a Residential Development Zoning District (R1), with conditions:  

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  L & S Investing LLC Date:  February 9, 2021

Location/Legal Description:  Government Lots 3, 4, and 5, less deeded in Section Seven (7), Range One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID#: 24.07.32.009

Project Proposal:  Operate a short-term transient rental in a 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?  The Lake of the Woods County Board is clear about the type of values important to the county as it develops an approach to managing its land base. These values include a desire for local control over an individual choice when it comes to issues of work and leisure. The following is a summary of those values important to Lake of the Woods County, pertinent to this request:

  • Individual Choice – In the types of work and leisure to pursue, and in where to live and in the lifestyle to pursue;
  • Local Influence – Over policy that affects the lives of county citizens;
  • Balance – Between individual rights and the public’s welfare and between competing economic development objectives.

High Growth Corridor

The high growth corridor is a 12 mile stretch of highway between Baudette and Wheelers Point Resort. The corridor includes property adjacent to TH 172 and up to the Rainy River. Due to the high-quality amenities and the desire of tourists and residents to be near such fabulous natural resources as Lake of the Woods and the Rainy River, the County would like to encourage growth in a responsible way along the growth corridor.

The vision for the growth corridor is to offer an exceptional quality of life to existing residents, future residents, and tourists interested in taking advantage of the unique natural resources and opportunities in the County.

The pertinent objectives and policies, within the growth corridor are as follows;

  1. Encourage growth in highly desirable areas while discouraging haphazard, random development patterns.
    • Allow home based businesses that do not generate significant traffic or outdoor storage.
  2. Protect housing from incompatible uses.
    • Require buffering for commercial uses that abut residential property.
  3. Support uses that target tourist-oriented development.

Future Land Use Plan

The following describes Lake of the Woods County’s vision for future land use and development in the county. It includes the county’s land use goals, policies it will promote through its activities, and a future land use map illustrating described future land use patterns in the county. It also includes specific implementation strategies the county will undertake to further its goals and policies.

  • Goals:  Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. The following are those goals pertinent to the project proposal.
  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain the tax base of the county so quality services can be provided.
  3. Improve recreational opportunities for residents and visitors.
  4. Maintain and, where necessary, improve water quality.
  • Policies:
  1. Maintain the county governments economic health through the maintenance of its tax base, and the promotion of compatible economic activity.
  2. Work to enhance the tourism industry in Lake of the Woods County through recreational enhancement and promotion activities.
  3. Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities.
  • Rural Development Activity:  Existing and future development areas which are within one-half mile of currently developed lands, but excluding lands that are either in public ownership, classed as wetlands, or more than one mile from an existing road. Future developments may include industrial, commercial, tourism, residential or other uses as appropriate to the site characteristics and neighborhood character.

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

YES (X)  NO (  )  N/A ( )

Why or why not? The public health, safety, and welfare will be maintained by upgrading the septic system, if necessary, and establishment of criteria via a rental agreement to ensure neighborhood character is maintained.

  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?  The project proposal is consistent with the goal of preventing and controlling water pollution by upgrading the septic system, if necessary.

  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?  There will be no substantial change to the site’s existing topography, drainage features, and vegetative cover.

  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?  The project proposal is not changing the location of current structures.

  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?  The project proposal is not altering existing conditions.

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

Why or why not?  Access to and from the property is via an existing driveway and County Road #30.

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

Why or why not?  Surrounding land uses are consistent with a residential atmosphere as there is a mixture of seasonal and permanent residences. With proper conditions, the proposed use will be limited in scope as compared to adjacent seasonal and full-time residences.

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

      YES (X)  NO (  )  N/A (  )

Why or why not?  Property is adjacent to the Rainy River.

  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?  The current septic system was installed in 1998 and will be inspected during the     summer of 2021.

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

Why or why not?  The proposed use will not alter the view from public waters.

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

        YES (X)  NO (  )  N/A ( )

Why or why not?  The property is served from a private well and sewage treatment system.

  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 (X)  NO (  )  N/A ( )

Why or why not?  The Rainy River is an expansive waterbody that is more than capable of accommodating additional watercraft.

  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?  The proposed use will not include storage tanks.

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

Why or why not?  Natural barrier of trees/vegetation is in existence.

  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?  There will be no signage associated with the proposed use.

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

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

Why or why not?  There is ample parking on the property with an existing driveway. No off-site parking is proposed or needed.

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

The specific conditions of approval are as follows:

  1. A septic system compliance inspection is to be performed prior to July 31, 2021. If the current system is found to be non-compliant, the system must be upgraded within two-years of the date of the inspection deeming it non-compliant.
  2. Must meet applicable Department of Health requirements.
  3. The current well must be tested and it must meet Minnesota drinking water standards. If the well doesn’t meet said standards, adequate measures must be taken to meet the standards, which may include drilling a new well.
  4. A rental agreement must be kept on file in the Land and Water Planning Office and available on the premises, which addresses and includes the following items:
    • Language reminding renters about boat speed on the Wabanica River, if utilizing the public access near Bayview Lodge.
    • Establishment of quiet hours from 10:00 pm to 7:00 am.
    • There shall be no tents or campers allowed to gain more renters/occupancy on the property.
    • Owner contact information is identified, or, in the case the owner is not immediately available, a local point of contact is established.
    • Language prohibiting large gatherings such as wedding receptions, parties, or any other large group function.
    • Establishment of immediate eviction criteria.
    • Language regarding animals and pets on the property.
    • Language regarding being courteous to neighboring property owners and trespassing.
    • Language regarding ATV and snowmobile traffic.
  5. The capacity/occupancy of the structure is limited the size of the septic system capacity which will be based upon seventy-five (75) gallons/person/day.
  6. The conditional use permit is based upon current structure size, height, and dimensions which is located on Lot #3 (3.41 acres) on the conceptual plat drawing presented as part of the application.
  7. This conditional use permit terminates upon sale or transfer of the property.

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

February 9, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

HUMAN RESOURCES

Prep for Non-Elected Department Head Reviews

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to postpone the work session to prep for non-elected department reviews to February 17, 2021 at 10:30 a.m.

RECESS

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

Attest: February 23, 2021

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