October 12, 2021

October 12, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 12, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with the following changes: Add: Gambling Permit/Auditor-Treasurer; Remove: Land& Water Planning.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the official and summarized minutes of September 28, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the following claims: Commissioners Warrants $8,698.32; Commissioners Warrants $3,028.56; Commissioners Warrants $7,538.03.       

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the claims against the County as follows: Revenue $66,674.49; Road & Bridge $27,117.11; County Development $312.17; Solid Waste $27,423.43; EDA $6,752.78. 

WARRANTS FOR PUBLICATION

Warrants Approved On 10/12/2021 For Payment 10/15/202

Vendor Name Amount

Agassiz Asphalt LLC 2,400.00

Cenex Co-Op Services, Inc. 12,092.07

Compudyne, Inc 2,371.42

Counties Providing Technology 3,926.97

Farmers Union Oil Co. 2,546.80

Headwaters Regional Development Commiss 6,708.22

Howard’s Oil Company 7,904.71

LOW Highway Dept 4,292.50

LOW Soil & Water Cons. Dist. 28,572.00

Mar-Kit Landfill 15,417.25

Motorola Solutions, Inc 3,336.10

Royal Tire Inc 4,301.84

University Of Mn 9,407.00

Voyageurs Comtronics, Inc 4,298.68

Woody’s Service 2,468.25

40 Payments less than 2000 18,236.17

Final Total: 128,279.98

Further moved to authorize the payment of the following auditor warrants: September 29, 2021 for $861,144.86; October 5, 2021 for $1.00; October 5, 2021 for $20,328.73 and October 10, 2021 for $167,887.01.

LexisNexis VitalChek Network Inc
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve an agreement with LexisNexis VitalChek Network Inc for credit card acceptance for the benefit of the Motor Vehicle and Driver’s License Services.

Insurance Caps

2022 Health Insurance Premiums and Caps were discussed.  The County Auditor/Treasurer was directed to do some more research and bring it back to the board for their next meeting.

Resolution – Set Public Hearing Date / Intent to Appoint Auditor/Treasurer

Resolution

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

RESOLUTION FOR INTENT OF APPOINTMENT OF THE OFFICE OF 

AUDITOR-TREASURER

RESOLUTION NO. 2021-10-01

WHEREAS; Minn. Stat. 375A.1205 allows a County Board to appoint certain offices including the County Auditor-Treasurer; and 

WHEREAS; the Lake of the Woods County Board of Commissioners recognizes the benefit to having appointed persons in the position of the County Auditor-Treasurer because it promotes efficiency and consistency of County business with individuals qualified to oversee a broad spectrum of complex issues within the Auditor-Treasurer’s Office; and 

WHEREAS; pursuant to Minn. Stat. 375A.1205, Subd. 1, the County Board intends to appoint a County Auditor-Treasurer under circumstances that there is a signed contract with the County Board and incumbent Auditor-Treasurer that the incumbent officer will be appointed to the position and retain tenure, pay, and benefits equal to or greater than length of service.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby notifies the public of its intent to appoint the office of County-Auditor-Treasurer; and

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners will hold a Public Hearing on Tuesday, November 9, 2021 at 10:00 a.m., during its regular board meeting regarding appointment of the Auditor-Treasurer with said appointment taking place by signed contract with the incumbent Auditor-Treasurer.

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the application and affidavit for lost warrant number 36085 for vendor number 6118 dated February 12, 2021 for $700.00 without furnishing indemnifying bond. 

Application for Exempt Gambling Permit

Resolution

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

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 21-10-02

WHEREAS; the National Wild Turkey Federation Struttin’ Blackbeards Chapter has submitted a Minnesota Lawful Gambling LG220 Application to Conduct Off-Site Gambling to be conducted on February 12, 2022, at the following establishment, which is located in Lake of the Woods County: River Bend Resort at the following address:

 3343 Red Oak Road NW, Baudette, MN 56623

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.

PUBLIC WORKS

Highway

Regulating Parking on Main Avenue (CSAH 22)

Resolution

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

Resolution

Regulating Parking on Main Avenue (CSAH 22)  

Resolution No. 2021-10-03

WHEREAS, Lake of the Woods County Board has identified that diagonal parking shall be required on Main Avenue (CSAH 22) on the East side between First Street SE and Second Street NE.  Every vehicle parked on said avenue shall be parked with the front of the vehicle facing the curb at an angle of approximately 45 degrees, and;

WHEREAS, Lake of the Woods County Board has identified Parallel parking shall be required on Main Avenue (CSAH 22) on the West side between First Street SE and Second Street NE, and;

WHEREAS, Lake of the Woods County Board has identified any vehicle parking on the heretofore described avenue in violation of the designated parking area and shall constitute an obstruction to traffic.

NOW, THERFORE BE IT RESOLVED that the Lake of the Woods County Board recognizes this Parking Resolution effective as of Tuesday, October 12, 2021. 

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

Solid Waste Update
County Engineer AJ Pirkl provided an update on the landfill and MPCA update.  

County Surveyor

Add to Agenda:
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to add, County Surveyor to the Agenda.

Update

County Surveyor, Chad Conner provided an update on the projects he has been working on.

RECESS
The board recessed at 10:15 a.m. and reconvened at 7:00 p.m. with the following:

PUBLIC HEARING
Peter Jones Cartway 

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting at 7:00 p.m. and open the Public Hearing for the Cartway-Public Hearing. (Pursuant to MN Statute 164.08 to establish a Cartway.)

The following were present:  Commissioners:  Ed Arnesen, Cody Hasbargen, Buck Nordlof, Joe Grund and Jon Waibel.  Other County Employees were:  County Auditor/Treasurer Lorene Hanson, County Attorney, Jim Austad and County Engineer AJ Pirkl.  In addition, attending the Public Hearing were: Attorney Steven Anderson, Terry Brown, David Bathel, Brandy Christian, Tim Lyon, Attorney Alan Fish.

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

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

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

Commencing at the southeast corner of the S½ SE¼ NW¼ NW¼ of Section 25, Township 162 North, Range 32 West, thence westerly two (2) rods along the south boundary thereof to a point; thence in a north and easterly direction, along a 90 degree arc, to a point on the east boundary thereof, which point is two (2) rods north of said southeast corner; thence south along said east boundary line a distance of two (2) rods to the point of beginning;

Attorney Steve Anderson informed the County Board that the petitioner has tried to obtain easements, but to date, has not been able to and would like to proceed with the Cartway.
The County Board reviewed the cartway request and heard comments from parties involved.  The County Board has researched alternative options and would like to research further.  Alternative options would be allowed if the County Board would find the alternative route to be:  less disruptive and damaging to the affected landowners and in the public’s interest.  

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the Public Hearing at 8:50 p.m. and reconvene the regular county board meeting.

Cartway Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried as follows:  Yeah:  Commissioners Cody Hasbargen, Jon Waibel, Ed Arnesen and Joe Grund; Nay:  None; Abstained:  Commissioner Buck Nordlof.

Resolution 

Acknowledging Entitlement of Cartway and 

Requiring a Bond or Other Security on a Cartway Proceeding

Resolution No. 2021-10-04

WHEREAS, the Lake of the Woods County Board of Commissioners, “Board” acting as the Wheeler township board, has received a cartway petition pursuant to Minn. Stat. § 164.08, subd. 2, from Peter R. Jones, “Petitioner” in which the petitioner asks the County Board to establish a cartway to their property across the lands of others; and

WHEREAS, the Petitioner is required to pay all costs associated with the establishment of a Cartway including, but not limited to compensation paid to the owners whose property is made subject to the professional costs deemed necessary by the Board for the establishment;

WHEREAS, pursuant to Minn. Stat. § 164.08, subd. 2 the Board may, by resolution, require the Petitioner to post a bond or other security acceptable to the board for the total estimated damages before the town board takes action on the petition;

WHEREAS, the Board, considering costs such as attorney fees, surveyor fees, appraiser fees, property costs, recording fees, hearing costs, and other administrative costs, determines that the total estimated damages and costs associated with the establishment of the petitioned for Cartway is $10,000 at this time;

NOW, THEREFORE, BE IT RESOLVED by the Lake of the Woods County Board of Commissioners acting as the town board of Wheeler Township, Lake of the Woods County, Minnesota that Peter R. Jones as the Petitioner, must post an escrow before further action, in the amount of $10,000, which is an estimate of damages associated at this point in establishing the Cartway, with the Board before it will take further action on the petition.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 8:50 p.m.

Attest: October 26, 2021

_________________________________ _________________________________

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

October 12, 2021

 AGENDA

Tuesday, October 12, 2021

TIME TAB

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

Approve Agenda
Approve the Minutes of September 28, 2021 

9:05 a.m. #2 Social Services 

  • Claims

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

  • Claims 
  • LexisNexis VitalCheck Network Inc. Payment
    Solutions Service Agreement 
  • Insurance Caps
  • Set Public Hearing Date

Intent to Appoint Auditor/Treasurer

  • Affidavit of Lost Warrant

9:30 a.m. #4 Public Works

  • Highway
    • Update
    • Parking Reslution-CSAH23 Main Street
  • Solid Waste

9:45 am. #6 Land and Water Planning

  • Consideration of Preliminary Plat of

Driftwood Acres by L&S Investing, LLC, Parcel ID 24.07.32.009

  • Consideration of Zone Change #21-02ZC by

MLK Rentals, LLC – P#19.61.50.0200

  • Consideration of Zone Change #21-03ZC by

MLK Holding Company, Inc – P#19.24.12.010

  • Consideration of Zone Change #21-04ZC by

MLK Holding Company, Inc – P#19.24.12.020

  • Consideration of Zone Change #21-05ZC by

MLK Holding Company, Inc – P#19.13.43.010

  • Consideration of Zone Change #21-06ZC by

MLT&T, LLC – P#19.24.12.000

  • Consideration of Zone Change #21-07ZC by

MLT&T, LLC – P#19.24.11.000

  • Consideration of Zone Change #21-08ZC by

MLT&T, LLC – P#19.24.12.040

  • Consideration of Zone Change #21-09ZC by

MLT&T, LLC – P#19.13.43.000

  • Consideration of Zone Change #21-10ZC by

MLK Holding Company, Inc – P#19.24.12.011

  • Consideration Conditional Use Permit #21-14CU by

Sean Westman – P#19.26.41.040

11:00 a.m. #7  

1:00 p.m. #7 Work Session

  • Assessor’s Office

7:00 p.m. #8 Reconvene

Public Hearing

  • Peter Jones Cartway Petition

Correspondence:

Old/New Business:

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

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

September 28, 2021

September 28, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 28, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Procurement Policy/Auditor-Treasurer; Remove: Set Public Hearing/Auditor-Treasurer.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of September 14, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $12,929.21; Commissioners Warrants $2,444.02; Commissioners Warrants $32,106.28.

MFIP Biennial Service Agreement for 2022-23

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2022-2023 County Minnesota Family Investment Program (MFIP) Biennial Service Agreement.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $46,770.26; Road & Bridge $25,309.86; County Development $4,551.00; Solid Waste $25,943.13; EDA $897.25. 

WARRANTS FOR PUBLICATION

Warrants Approved On 9/28/2021 For Payment 9/30/2021

Vendor Name Amount

ByteSpeed, LLC 2,330.00

DSC Communications 7,630.90

Freeberg & Grund, Inc 6,537.50

Hoffman, Philipp & Martell, PLLC 12,600.00

Lakewood Health Center 2,175.14

M-R Sign Co, Inc 3,551.00

Mn Dept Of Transp 3,168.00

North Star Electric 3,877.85

Quadient Finance USA Inc. 5,000.00

Roseau County Highway Dept 2,199.24

Short Elliott Hendrickson, Inc 15,588.62

Titan Machinery – Roseau 3,172.25

U.S. Bank Equipment Finance 6,268.50

50 Payments less than 2000                                         29,372.50

Final Total:   103,471.50

Further moved to authorize the payment of the following auditor warrants: September 16, 2021 for $467,072.43; September 22, 2021 for $41,200.81.

Department of Public Safety and DVS Lease Agreement
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve a lease with the State of Minnesota commencing January 1, 2022 and continuing through June 30, 2025 for the benefit of the Department of Public Safety, Driver and Vehicle Services.

Request For County Issued Credit Card
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a request for a county issued credit card with $1,500 limit for Sheriff’s Department employee, Tamara Maurer, Jail Administrator/TAC.

Resolution Authorizing Application for Family Homelessness Prevention and Assistance
Resolution

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

Resolution Authorizing Application for

Minnesota Housing and Finance Agency

Family Homelessness Prevention and Assistance Program

2021-09-04

WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide funds for Family Homeless Prevention & Assistance Projects; and,

WHEREAS, Tri-Valley Opportunity Council, Inc. in the nine-county region of northwest Minnesota has developed an application for the Minnesota Housing Finance Agency Family Homelessness Prevention and Assistance Program; and

WHEREAS, Tri-Valley Opportunity Council, Inc. has demonstrated the ability to perform the required activities of the Minnesota Housing Finance Agency Family Homelessness Prevention and Assistance Program;

NOW, THEREFORE, be it resolved that Tri-Valley Opportunity Council, Inc. is hereby authorized as an entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Family Homelessness Prevention and Assistance Program in the county of Lake of the Woods, Minnesota.

Procurement Policy
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the September 28, 2021 revision to the Lake of the Woods County Federal Award Procurement Policy.

HUMAN RESOURCES
Permission to Hire Full-Time Deputy Sheriff

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to hire Andrew Jespersen to the full-time Deputy Sheriff position at Grade 12, Step 2, Points 282, effective September 15, 2021.

Permission to Promote Deputy Sheriff to Sergeant

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to promote Deputy Sheriff Russell Platz to Sergeant at Grade 14, Step 9, Points 349, effective September 15, 2021.

Update to the County Personnel Policy and Procedures Per MN Statute

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to update, per MN Statute, the Lake of the Woods County Personnel Policies and Procedures, Chapter 4, Section 2, Part d. Military Leave.

Permission to Advertise, Interview and Hire

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Jon Waibel and carried unanimously to advertise, interview and hire for Deputy Auditor/Treasurer – License Clerk.


PUBLIC WORKS

Highway
Approve Final SAP 039-594-001

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to authorize final payment of SAP 039-594-001 for Davidson Construction of $1,206,952.54.

Add to Agenda:
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to add, Border Ridge Trucking Contract Change, to the Agenda under Public Works.

Border Ridge Trucking Contract Change
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to acknowledge a change in ownership of Border Ridge Trucking to Accurate HD.  Lake of the Woods County’s contract with Border Ridge Trucking will be fulfilled by Accurate HD.

Change Road Tour Date
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to change the road tour date from October 13th at 8:00 a.m. to October 20th at 11:00 a.m.

CARA GRANT UPDATE

Tammie Doebler, with the Lake of the Woods Prevention Coalition (LWPC), provided an update to the Board on the First-Responders Comprehensive Addiction and Recovery Act (CARA) Grant. The CARA Grant is a nationally competitive grant awarded by the US Department of Health & Human Services Substance Abuse and Mental Health Services Administration.  The goal of the grant is to reduce opioid and related substance use and overdoses.  Through this grant, the LWPC has coordinated Narcan training, crisis intervention training, community education, tele-health services for inmates, related support and equipment for local law enforcement and worked with student groups to prevent youth substance abuse.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 10:04 a.m.

Attest: October 12, 2021

_________________________________ _________________________________

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

September 28, 2021

 AGENDA

Tuesday, September 28, 2021

TIME TAB

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

Approve Agenda
Approve the Minutes of September 14, 2021

9:05 a.m. #2 Social Services 

  • Claims 
  • MFIP Biennial Service Agreement for 2022-23

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

  • Claims
  • Department of Public Safety and DVS Lease Agreement
  • Request For County Issued Credit Card
  • Resolution Authorizing Application for Family Homelessness Prevention and Assistance Program – Tri-Valley
  • Set Public Hearing

9:20 a.m. #4 Human Resources

  • Permission to Hire Full-Time Deputy Sheriff
  • Permission to promote Deputy Sheriff to Sergeant
  • Update Lake of the Woods County Personnel Policy and Procedures per MN Statute
  • Permission to Advertise, Interview and Hire

9:30 a.m. #5 Public Works

  • Highway
    • Final approval of SAP 039-594-001 – total amount of $1,206,952.54 – Davidson Construction
    • Change Road Tour Date

9:40 a.m. #6 CARA Grant Update – Tammie Doebler

Correspondence:

Old/New Business

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

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

September 14, 2021

AGENDA

Tuesday, September 14, 2021

TIME TAB

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

Approve Agenda

Approve the Minutes of August 24, 2021
Approve the Minutes of September 7, 2021

9:05 a.m. #2 Social Services 

  • Claims

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

  • Claims
  • Set Proposed Budget

9:20 a.m. #4 Set Date for Assessor Work Session

9:25 a.m. #5 Extension Committee Appointment

9:30 a.m. #6 Northwest Angle Edgeriders

  • Gambling Application
  • Northerly Park

9:45 a.m. #7 Soil and Water Conservation District

  • MOA Rainy-Rapid One Watershed, One Plan

9:55 a.m. #8 Land and Water Planning

  • Consideration of Zone Change #21-01ZCV by Crown Holdings, LLC
  • Consideration of Conditional Use Permit #21-11CU by Paul Haugo
  • Consideration of Conditional Use Permit #21-12CU by Hapka Holdings, LLC
  • Consideration of Conditional Use Permit #21-13CU by Nels Holte

Correspondence:

Old/New Business

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

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

September 14, 2021

Commissioner Proceedings

September 14, 2021

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

Motion

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

SOCIAL SERVICES

Claims

Motion

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

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Allstates Pavement Recycling & Stab. Inc 17,757.07

Cenex Co-Op Services, Inc. 10,252.40

CentralSquare Technologies, LLC 138,296.48

Compudyne, Inc 12,924.85

Counties Providing Technology 3,860.00

FleetPride 3,008.96

Freeberg & Grund, Inc 27,471.65

Howard’s Oil Company 3,148.07

LOW Highway Dept 11,603.35

Mar-Kit Landfill 15,475.50

Olson Construction Bdt LLC 15,850.00

Plutko Plumbing & Heating 5,388.09

Powerplan 3,529.90

Titan Machinery – Roseau 3,400.90

Traffic Marking Service, Inc. 23,852.56

Voice Products 2,245.00

Walker Pipe & Supply 3,788.00

Wilkens Industries 27,930.11

Woody’s Service 4,184.81

WSB 6,932.50

57 Payments less than 2000   29,994.81

Final Total:                                                               $370,895.01

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

Set Proposed Budget

Resolution

Resolution Adopting

Proposed 2022 Budget and Tax Levy

Resolution   2021-09-01

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

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

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

Revenue Fund $ 1,912,390

Road & Bridge Fund $    449,580

Social Services Fund $    603,935

Economic Development Authority Fund $      60,000

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

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

Twp Road & Bridge $   471,470* 

Twp Fire – Baudette $     25,000

Twp Fire – Williams $     16,274

Twp Fire – NW Angle $       6,500

Total $   519,244

2022

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

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

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

SET DATE FOR ASSESSOR WORK SESSION

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

EXTENSION COMMITTEE APPOINTMENT
Motion

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

BOARD OF ADJUSTMENT APPOINTMENT

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

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

RESOLUTION APPROVING A LEASE FOR

LAWFUL GAMBLING ACTIVITY AND PREMISES PERMIT APPLICATION

RESOLUTION NO. 21-09-02

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

Sunset Lodge
3179 Oak Island, Oak Island, MN 56741

Sportsman’s Oak Island Lodge, Inc.

838 Oak Island, Oak Island, MN 56741

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

Northerly Park

Update

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

Resolution

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

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

2021-09-03

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

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

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

PUBLIC WORKS

Highway
Approve Final SAP 039-633-003

Motion

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

Designate CRRSAA Funds

Motion

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

Add to Agenda:
Motion

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

Solid Waste

Garage Door Project
Motion

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

SOIL AND WATER CONSERVATION DISTRICT

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

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

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

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

Lake of the Woods County Rezoning

Findings of Fact and Decision

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

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

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

X Yes ___No

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

X Yes ___No

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

___Yes X No

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

X Yes ___No

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

X Yes ___No

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

___Yes X No

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

X Yes ___No

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

_Yes X No

Comments:
Conditions: 

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

_____________________________________ September 14, 2021

Joe Grund, Chair, County Board of Commissioners

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

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

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

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

Project Proposal: Applicant is requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) yards of material within the shore impact zone and more than fifty (50) yards outside of the shore impact zone of Zippel Bay of Lake of the Woods. Lake of the Woods is a general development lake.

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

Why or why not? Shoreline protection.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? Shoreline protection.

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

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

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

Why or why not? Shoreline

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

YES (  )  NO (X)  N/A (  )

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

Why or why not? Shoreline protection.

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

Why or why not? ______________________________________________________

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

Why or why not? Removed vegetative screening.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

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

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

_______________ _____________________________________

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

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

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

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

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

Why or why not? River access/recreational.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? To follow DNR specs.

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

Why or why not? Will not or little change.

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

Why or why not? Shoreland river access.  

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

YES (X)  NO (  )  N/A (  )

Why or why not? To follow DNR specs.

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

Why or why not? ______________________________________________________

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

Why or why not? Recreational area/residential.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Private launch site.

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

Why or why not? _____________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? No change.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? Private launch.

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

The specific conditions of approval are as follows:

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

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

_______________ _____________________________________

Date Joseph Grund Chair, County Board

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

Consideration of Conditional Use Permit #21-13CU by Nels Holte
Consideration of Conditional Use Permit #21-13CU by Nels Holte: Government Lot Three (3), Section Seventeen (17), Township One Hundred Sixty-two North (162), Range Thirty-two West (32) with Parcel ID# 19.17.24.010. Applicant is requesting a Conditional Use Permit as required by Section 902 of Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of a riprap project. Lake of the Woods is a General Development Lake.  Stromlund reviewed the Findings of Fact with the Board and informed the Board that the Planning Commission recommends approval with conditions.  The specific conditions of approval are as follows:

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

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

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 902 of Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of a riprap project. Lake of the Woods is a General Development Lake.

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

Why or why not? Shoreline stabilization.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? Shoreline stabilization.

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

Why or why not? Will not.

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

Why or why not? ______________________________________________________

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

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

Why or why not? DNR requirements. 

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? Shoreland stabilization.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

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

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

_______________ _____________________________________

Date Joseph Grund, Chair, County Board

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

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

Attest: September 28, 2021

_________________________________ _________________________________

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

September 7, 2021

Commissioner Proceedings

September 7, 2021

The Lake of the Woods County Board of Commissioners met in special session on Tuesday, September 7, 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 7:00 p.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Cody Hasbargen, Buck Nordlof, Jon Waibel and Ed Arnesen.  Also present: Auditor-Treasurer Lorene Hanson, Attorney James Austad, County Engineer AJ Pirkl.

APPROVAL OF AGENDA

Motion

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

PUBLIC HEARING – PETER JONES CARTWAY

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting at 7:05 p.m. and open the Public Hearing for the Cartway. (Pursuant to MN Statute 164.08 to establish a Cartway.)

The following were present: Commissioners: Joe Grund, Cody Hasbargen, Buck Nordlof, Jon Waibel and Ed Arnesen.  Also present: Auditor-Treasurer Lorene Hanson, Attorney James Austad, County Engineer AJ Pirkl.  In addition, attending the public hearing were: Timothy Lyon, Terry Brown, Alan Fish, David Bathel, Brandy Christian, John Dodds, and Steven Anderson.

Chair Joe Grund reviewed the cartway petition received from Peter Jones.  Grund explained that the County Board viewed the location of the proposed cartway and alternate routes on August 24, 2021.   

Attorney Steve Anderson, representing Peter Jones, discussed the cartway and the potential easements that could take place in lieu of a cartway.

Discussion was heard from the floor, regarding the different options.

RECESS
A brief recess was taken at 7:45 p.m., the public hearing continued at 8:00 p.m.

It was the consensus of the affected parties to request an extension of 30 days to review their options.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the public hearing and open the regular meeting.

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to extend a 30-day continuation to review options.  A public hearing for the cartway will be reset for Tuesday, October 12, 2021 at 7:00 p.m. at the Lake of the Woods County Government Center, Commissioners Room.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 8:10 p.m.

Attest: September 14, 2021

_________________________________ _________________________________

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

August 10, 2021

Commissioner Proceedings

August 10, 2021

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $14,748.13; Commissioners Warrants $1,513.79; Commissioners Warrants $9,839.44.

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

WARRANTS FOR PUBLICATION

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

CentralSquare Technologies, LLC     138,296.48

Contech Engineered Solutions LLC       14,245.00

Counties Providing Technology         3,860.00

Extreme Duty Ironworks         5,200.00

Fort Distributors Ltd       34,020.00

H & R Const.Co                       11,787.50

Howard’s Oil Company       13,891.08

Knife River Corporation     117,028.44

Lavalla Sand & Gravel Inc       45,067.00

LHB Inc         2,495.00

LOW Highway Dept                       11,840.75

Mar-Kit Landfill       16,746.50

Motorola Solutions, Inc       42,612.50

Northwest Tire Inc         3,350.00

Woody’s Service                           2,626.94

49 Payments less than 2,000                                       25,860.34

Final Total:     488,927.53

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

Lost Warrant Affidavit
Motion

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

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

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

HUMAN RESOURCES

Law Enforcement Resignation

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

Permission to Advertise, Interview and Hire

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

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

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

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

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

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

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

Attest: August 24, 2021

_________________________________ _________________________________

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

August 24, 2021

Commissioner Proceedings

August 24, 2021

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Cenex Co-Op Services, Inc. 20,271.23

Compudyne, Inc 2,055.50

Farmers Union Oil Co. 3,128.26

Freeberg & Grund, Inc 61,068.48

Gamache/Mike 24,652.50

M-R Sign Co, Inc 9,890.36

Outdoors Again 5,090.10

Quadient Finance USA Inc. 2,000.00

R & Q Trucking, Inc 2,575.00

Titan Machinery – Roseau 3,123.28

U.S. Bank Equipment Finance 6,268.50

Vesta Solutions Inc 15,000.00

WSB 5,554.25

                                                 43 Payments less than 2000                                     19,682.39

                                                 Final Total: 180,359.85

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

Postage Machine Lease
Motion

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

VOYAGEURS COMTRONICS CORPORATION

Update

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

Equipment Request

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

Motion

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

HUMAN RESOURCES

Permission to Advertise, Interview and Hire

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

BOARD OF ADJUSTMENT MEMBER APPOINTMENT
Motion

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

CLOSED SESSION
Motion

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

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

Motion

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

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

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

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

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

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

Attest: September 14, 2021

_________________________________ _________________________________

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

August 24, 2021

AGENDA

Tuesday, August 24, 2021

TIME TAB

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

Approve Agenda 

Approve the Minutes of August 10, 2021

9:05 a.m. #2 Social Services 

  • Claims

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

  • Claims

9:20 a.m. #4 Voyageurs Comtronics Corporation

  • Update
  • Equipment Request

9:40 a.m. #5 Human Resources

  • Permission to Advertise, Interview and Hire:
    Part-Time Dispatcher and Part-Time Deputy

9:45 a.m. #6 Board of Adjustment Member Appointment

1:00 p.m. #7 Jones Cartway Property Viewing

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