June 7, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, June 7, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Mobile Device Policy, Flood Update. Move: Work Session-Maintenance to June 28, 2022 meeting. 

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the minutes from May 24,2022.

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the minutes from May 31,2022.

Social Services

Jodi Ferrier gave an update on the hospice contract that was recently signed by Lakewood Health and that they had hired for the Social Worker position

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $8,052.98; Commissioners Warrants $4,519.44; Commissioners Warrants $10,039.16.

Auditor/Treasurer

Claims

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $21,639.22; Road & Bridge $23,635.61; Solid Waste $20,008.97; EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 6/07/2022 For Payment 6/10/2022

Vendor Name Amount

First State Tire Recycling 5,233.06

Howard’s Oil Company             2,631.17

Lexipol 3,000.00

 Mar-Kit Landfill 12,976.25

Olson Construction 2,000.00

Quadient Finance USA Inc. 2,000.00

Rupp,Anderson,Squires,& Waldspurger,P.A. 2,250.00

SeaChange Print Innovations 2,365.00

Titan Machinery – Roseau 15,200.00

49 Payments less than 2000 17,672.88

Final Total: 65,328.36

Further moved to authorize the payment of the following auditor warrants: May 25,2022 for $50,789.16; May 26,2022 for $550,000.00; June 1,2022 for $600,518.87.

Appointment of Arrowhead Library Member

It was the consensus of the board to not choose a member until the City Library board members have their meeting. This will be added to the June 28, 2022 meeting agenda. 

Updates

County Auditor/Treasurer gave an update on various topics that included: NWA board meeting, Board of Equalization meeting, and AMC.

Sheriff

Pennington Jail Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Purchase of Services Agreement for Jail Contract between Pennington County and Lake of the Woods County effective June 1,2022 to June 1,2023.

Economic Development Authority

Request for American Rescue Plan Funds

EDA Director Ryan Zemek is requesting $50,000 from the American Rescue Plan funds for capacity recovery and resilience efforts in Lake of the Woods County.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request for ARP funds in the amount of $50,000.

Human Resources

Hire for Maintenance Facilities & Safety Coordinator

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the hire of Shane Shaw as maintenance facilities & safety coordinator at Grade 9, Step 12, $24.02 per hour at 230 points.

Hire Social Worker

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to hire Katie Johnson for the social worker position at Grade 13, Step 1, $24.07 per hour at 298 points. Katie Johnson will start on July 1, 2022.

Mobile Device Policy

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to change the mobile device policy for unlimited text & talk data from business only to business and personal plans at $60.00 per month. 

Public Works

Assistant Engineer Boyd Johnson gave an update on various projects that included: Sandbagging, Erosion Control, NWA, and flooding.

Emergency Management

Emergency Management Director Jill Hasbargen-Olson gave an update on the information about flooding being put on the County website, and concerns about the sandbagging machine being used without an operator present. The plan moving forward would be to set appointment times for people to come have their bags filled to avoid injury.

Land & Water

Consideration of Conditional Use Permit #22-9CU by Robert Erickson

Land & Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-09CU by Robert Erickson: Tracts located in the Northeast quarter of the Northwest quarter in Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID #19.28.21.000, 19.28.21.010, 19.28.21.020 Applicant, as required by Lake of the Woods County Zoning Ordinance Section 902, is requesting the cumulative movement of more than ten (10) cubic yards of material within the shore impact zone of Bostic Creek for the purpose of a shoreline rip rap project. Bostic Creek is a tributary river segment. 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-09CU for Robert Erickson to approve the cumulative movement of more than ten (10) cubic yards of material within the shore impact zone of Bostic Creek for the purpose of a shoreline rip rap project with the following conditions:

1. Applicant to use typical cross section design.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Robert Erickson (Ken-Mar-Ke Resort) Date:  June 7, 2022

Location/Legal Description:  Tracts located in the Northeast quarter of the Northwest quarter in Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.28.21.000, 19.28.21.010, 19.28.21.020

Project Proposal:  As required by Section 902 of the Lake of the Woods County Zoning Ordinance, applicant is requesting the cumulative movement of more than ten (10) cubic yards of material within the shore impact zone of Bostic Creek for the purpose of a shoreline rip rap project.

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? Prevent shore erosion.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Prevention and further reduction of sedimentation and erosion.

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? Prevent erosion, bank stabilization.

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

Why or why not? _______________________________________________________________________

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

Why or why not? Stabilize the shoreline.

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

Why or why not? Prevent erosion.

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

Why or why not? _______________________________________________________________________

8. Is the project proposal compatible with adjacent land uses? YES (  )  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.

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

Why or why not? _______________________________________________________________________

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

Why or why not? _______________________________________________________________________

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

Why or why not? _______________________________________________________________________

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

Why or why not? _______________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________________________

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

Why or why not? _______________________________________________________________________

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. Applicant to use the typical cross section design for rock rip rap.

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

June 7, 2022 _____________________________________

Date James Nordlof

Chair, County Board

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

Lake of the Woods Coalition- Tammie Doebler

Tammie Doebler updated the board on the National Night Out event that will be held in Lake of the Woods County in August of 2022. National Night Out is an event to bring communities together with Law Enforcement, and Emergency services for a night of games, food and presentations. Toward Zero Death will also be attending the event. 

Ditch Authority

Motion

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

Petition for Partial Ditch Abandonment

The Ditch Authority reviewed the petition for partial ditch abandonment from Mark Friesen. It was the consensus of the board to continue to review the petition for partial ditch abandonment at the meeting on June 28, 2022. 

Motion

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

Legislative Update

Commissioner Ed Arnesen informed the board that there is nothing new to update at this time. 

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 11:05 a.m.

Attest: June 28, 2022

______________________________ _________________________________

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

Commissioner Proceedings

June 22, 2021

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

Daycare Center Project Update

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

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Cenex Co-Op Services, Inc. 14,121.07

Compudyne, Inc 5,029.80

Contech Engineered Solutions LLC 12,260.00

Element Materials Technology 10,580.00

M-R Sign Co, Inc 5,742.93

Mn Counties Computer Co-Op 17,413.32

Nutrien Ag Solutions Inc 25,366.18

R & Q Trucking, Inc 2,575.00

Swanston Equipment Corp 4,769.50

U.S. Bank Equipment Finance 6,268.50

University Of Mn 9,407.00

Wilkens Industries 85,511.93

32 Payments less than 2000                                         19,080.79

                                      Final Total: 218,126.02

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

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

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

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

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

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

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

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

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

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

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

Attest: July 13, 2021

_________________________________ _________________________________

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

Commissioner Proceedings

June 15, 2021

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

SET PUBLIC HEARING

Off-Sale Liquor License for Border Bait Company LLC

Motion

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

TOURISM UPDATE

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

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

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

Canadian Business Number

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

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

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

NWA PROPERTY VALUES

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

RECONVENE BOARD OF EQUALIZATION

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

Motion

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

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

Attest: June 22, 2021

_________________________________ _________________________________

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

Lake of the Woods County

Board of Appeal and Equalization

June 14, 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Attest: Approved: July 13, 2021

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

Commissioner Proceedings

June 8, 2021

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

Amended Motion 

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

OATH OF OFFICE – BOARD OF EQUALIZATION

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Contech Engineered Solutions LLC 76,711.12

Counties Providing Technology 4,335.00

Cps Technology Solutions 43,972.00

Davidson Ready Mix & Construction Inc 9,000.00

Dead on Arms,Inc 5,489.20

Extreme Duty Ironworks 4,828.14

Howard’s Oil Company 2,342.71

I-29 Trailer Sales, Inc. 84,710.00

Interstate Billing Service Inc 6,728.81

LOW Highway Dept 19,084.75

Mar-Kit Landfill 11,536.00

Marco Technologies LLC 20,333.42

Pb Distributing Inc 3,124.00

WIDSETH 8,450.00

Woody’s Service 2,155.04

61 Payments less than 2000                                            23,280.00

                                            Final Total: 326,080.19

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

Roth Option

Motion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Motion

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

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

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

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

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

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

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

Why or why not?  Expanding an existing boat ramp – upgrading.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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?  Landing will be bermed to prevent rapid water runoff.

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?  Vegetative cover will be restored.

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

Why or why not?  Boat launch/landing.  

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 (X)  NO (  )  N/A (  )

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

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

Why or why not? ______________________________________________________

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

Why or why not?  Remain residential.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Boat launch/boat landing.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Not needed.

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 (X)  N/A (  )

Why or why not?  Not needed.

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

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

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

          June 8, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

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

Motion

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

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

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

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

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

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

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

Why or why not?  Resort area rentals.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Will meet MDH codes.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Access to MN 172.

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

Why or why not?  Rural residential.

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

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

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?  Septic system.

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?  Has own septic and well (compliant).

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

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

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

      June 8, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

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

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

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

Attest: June 22, 2021

_________________________________ _________________________________

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