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 

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

Fraud Prevention Agreement
Motion

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

EAGLE SCOUT BADGE

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

RESOLUTION NO. 21-05-03

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

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

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

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

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

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Compudyne, Inc 2,210.00

North East Technical Service,Inc 3,033.75

Quadient Finance USA Inc. 2,000.00

Short Elliott Hendrickson, Inc 5,272.51

U.S. Bank Equipment Finance 6,268.50

30 Payments less than2000   14,452.80

                                 Final Total: 33,237.56

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

American Rescue Plan, Authorized Representative

Motion

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

Snowmobile Trail Assistance Program

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

Resolution No. 21-05-04

Sponsorship of Snowmobile Trails Assistance Program

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Motion

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

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

Attest: June 8, 2021

_________________________________ _________________________________

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

Commissioner Proceedings

June 23, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 23, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: add Event Ordinance and Correspondence, remove Louis Taylor.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of May 26, 2020.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of June 8, 2020.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the official and summarized minutes of June 9, 2020.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of June 15, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $7,446.20, Commissioners Warrant’s $816.82, Commissioners Warrant’s $19,268.09.

Approval of Contract with Tri-Valley RTC

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the contract with Tri-Valley RTC.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $20,959.43; Road & Bridge $82,067.24; County Development $200; Solid Waste $24,188.02; EDA $750.15.

WARRANTS FOR PUBLICATION

Warrants Approved On 6/23/2020 For Payment 6/26/202

Vendor Name Amount

CARRIFF Engineered Fabrics Corporation 2,425.66

Contech Engineered Solutions LLC 54,013.10

Counties Providing Technology 3,751.00

North East Technical Service,Inc 5,368.95

Nutrien Ag Solutions Inc 22,527.84

R & Q Trucking, Inc 2,060.00

U.S. Bank Equipment Finance 12,998.21

University Of Mn 9,407.01

31 Payments less than 2000   15,613.07

Final Total: 128,164.84

Further moved to authorize the payment of the following auditor warrants: June 10, 2020 for $587,873.40; June 17, 2020 for $11,221.49.

Deferred Compensation Plan Amendment

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve an amendment to the Nationwide deferred compensation plan to allow employees to apply for a loan from their plan account with the plan provider.

RECORDER

Final Approval of CIC Number 4 Eagle Ridge First Supplemental Plat

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve CIC Number 4 Eagle Ridge First Supplemental Plat and for Commissioner Jon Waibel and County Auditor/ Treasurer Lorene Hanson to sign the same.

NORTHERLY PARK

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve payment of the invoice from Whitt Environmental Services, for work on the wetland permit for the Northerly Park Project, dated May 5, 2020 in the amount of $1,000.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve payment of the invoice from Northwest Angle and Island Freight, Inc., for the placement of two culverts for the Northerly Park Project, dated June 2020 in the amount of $9,237.

DITCH AUTHORITY

Motion 

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting and open the Ditch Authority Meeting at 10:15 a.m.

Ditch 28 Petition for Repair of a Drainage System

The part of the ditch located by the Wabanica School is on the schedule for repair this year.  A large portion of this ditch is within the MNDOT right of way, MNDOT will be installing cross pipes and the hope is that will remedy the drainage system.

Approval of Judicial Ditch 26 Cleaning Contract
The Commissioners discussed the cleaning of Judicial Ditch 26 and reached a consensus on the contract.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the Ditch Authority meeting and open the regular meeting at 11:00 a.m.

Approval of Judicial Ditch 26 Cleaning Contract

Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to award the cleaning contract for Judicial Ditch 26 to Earthworks Contracting Inc. with a bid of $18,744.

COUNTY HIGHWAY/LANDFILL

Highway Update

The County needs to sign the contract with Davidson Construction for the 1^st Ave Project.  Gravel work was done at the Northwest Angle on June 22, 2020.  The next projects at the Northwest Angle will be permitted dredging on Crow Creek and application of magnesium chloride on the roads.  The CSAH 31 project is going well.  Bids will go out on July 20^th for the culvert project near Birch Beach.  Soil borings have started, an inadequate layer of soil was found under County Rd 51/52, Pirkl will research solutions.  

Approval of Gravel Quotes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to award the gravel contract to Mark Sand and Gravel at $8.75 per ton for 33,000 tons.

County Engineer Grade/Step/Vacation

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve three weeks of vacation time and step increase for County Engineer, AJ Pirkl, to Grade 24, Step 6, $47.23 per hour, effective the next full pay period starting 6/29/2020.  

Landfill Update

One of the trucks is in for clutch repair.  The graduate student from the U of M continues to review landfill policy and participates in weekly Zoom meetings with area businesses and professionals.  Pirkl will check in with MPCA on the landfill application status.

COVID-19

Update
Kay M. Schell, CHI LakeWood Health Public Health Manager, provided a COVID-19 update. The Minnesota Department of Health has updated their weekly report and it now includes the number of tests conducted in each county.  As of Thursday, June 18, 2020, 82 tests had been completed in Lake of the Woods County.  Lake of the Woods County is still at zero confirmed cases of COVID-19.  The National Guard COVID-19 testing unit was redirected to other priority areas.  

Jill Hasbargen Olson, Emergency Management Director, has requested a meeting with the Lake of the Woods County Fair Board and the Baudette-Lake of the Woods Chamber of Commerce/4^th of July Fireworks Committee to discuss plans for keeping events at a maximum of 250 people, which is the current guideline from the state. 

Hasbargen Olson also discussed the reopening of the Government Center.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Government Center to be open to the public, no appointment needed, starting on Monday, June 29, 2020.  The Board reserved the right to revisit the decision if the need would arise.

Recess
The meeting was recessed at 11:45 a.m. and reconvened at 11:50 a.m.

911 EQUIPMENT

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the contract with Motorola Solutions for VESTA 9-1-1 As-A-Service, a five-year contract for $103,402.

EVENT ORDINANCE

The event ordinance committee will meet to finalize the proposed event ordinance. 

CORRESPONDENCE

Reviewed correspondence form Jerry’s Therapy Safe Place regarding contributions to fund A Caring Place (for Kids), to be located in Minneota, Minnesota.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 12:08 p.m.

Attest: July 14, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel 

LAKE OF THE WOODS COUNTY
BOARD OF APPEAL AND EQUALIZATION

JUNE 15, 2020

The Lake of the Woods County Board of Appeal and Equalization met on Monday, June 15, 2020, in the
Commissioners’ Room of the Lake of the Woods County Government Center.
CALL TO ORDER
County Board Chair Jon Waibel called the meeting to order at 6:00 p.m. with the following members
present: Commissioners: Cody Hasbargen, Jon Waibel, Joe Grund, Buck Nordlof and County Auditor-
Treasurer Lorene Hanson. Absent was Commissioner Ed Arnesen. Also present were: County Assessor
Mary Jo Otten, Assessment Specialist Alisa Jacobson and County Engineer AJ Pirkl. County Recorder Sue
Ney had sworn in the members of the Lake of the Woods County Board of Appeal and Equalization for
2020 on June 9, 2020.
County Board Chair Jon Waibel 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, 2018
through September 30, 2019, and discussed adjustments that had been made during the past year. This year
the County did require appointments for the Board of Appeal and Equalization Meeting and can end the
meeting prior to 7:00 p.m. if all appointments have been heard and addressed.
PROPERTY OWNERS
County Assessor Mary Jo Otten presented a list of property owners that had contacted her prior to the
meeting and her recommendations to the Board: See attachment.
Action
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried
unanimously to accept the Lake of the Woods County Assessor’s recommendations for the parcels on the
attached list, which were presented to the Board of Appeal and Equalization.
COUNTY ENGINEER GRADE/STEP REVIEW
The Commissioners discussed the County Engineer’s salary, step and vacation time. The Commissioners
asked for these items to be put on the board meeting agenda for June 23, 2020.
ZIPPEL BAY JETTY APPROVAL OF LETTER
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and
carried unanimously to approve a letter from Lake of the Woods County and Lake of the Woods Soil and
Water Conservation District regarding channel maintenance for Zippel Bay Harbor on Lake of the Woods to
be sent to US Congressman Collin Peterson, MN Representative Matt Grossell, US Senators Amy
Klobuchar and Tina Smith, MN Senator Paul Utke and MN Governor Tim Walz.
ADJOURN
Motion
Motion was made by Commissioner Cody Hasbargen to adjourn the County Board of Appeal and
Equalization meeting for 2020. The motion was seconded by Commissioner Buck Nordlof and the same
being put to a vote, was unanimously carried. County Board Chair Jon Waibel adjourned the Lake of the
Woods County Board of Appeal and Equalization meeting for 2020 at 6:35 p.m.
Attest: Approved: June 23, 2020

Page 2 of 2

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Lorene Hanson, County Auditor-Treasurer Jon Waibel, County Commissioner Board Chair

Commissioner Proceedings

June 9, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 9, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following additions: Northwest Angle and Sandy Shores Concerns, Ditch Spraying Concern, Sheriff’s Office Boat and Water Grant, and Recorder Oath for Board of Equalization.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of June 2, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrant’s $8,138.52, Commissioners Warrant’s $949.23, Commissioners Warrant’s $10,551.26.

RECORDER

Oath for 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 15, 2020 at 6:00 p.m. at Lake of the Woods County Government Center in the Commissioners’ Room. 

Document Recording Process

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Recorder’s Office staff to collect the necessary taxes due upon the recording of a document, as well as the necessary certifications of the affected tax parcels, as required by statue.  This change in process will create greater efficiency for Lake of the Woods County and will be effective July 1, 2020.

SHERIFF

State Boat and Water Grant Resolution
The following Resolution was offered by Commissioner Joe Grund and moved for adoption: 

A RESOLUTION AUTHORIZING THE ANNUAL:

BOAT & WATER SAFETY GRANT

Resolution No. 2020-06-01

WHEREAS, under the provisions of M.S. 84.026, M.S.86B.101, the Sheriff of each county is required to carry out the provisions of Chapter 86B, and the boat and water safety rules promulgated by the Commissioner of Natural Resources; and,

WHEREAS, M.S. Section 86b.701 and the MN Rules provided for the allocation of funds by the Commissioner to assist in the funding of the Sheriff’s duties.

NOW, THEREFORE BE IT RESOLVED that the Chairman, Auditor and Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of January 1, 2020 through June 30, 2021, in the amount of $6,611, and authorize the County Board Chair Jon Waibel, County Auditor/Treasurer Lorene Hanson and County Sheriff Gary Fish to sign the same. 

The resolution was seconded by Commissioner Ed Arnesen, and the same being put to a vote, was unanimously carried.

LAKE OF THE WOODS COUNTY FAIR BOARD

Rick Rone provided an update on the Lake of the Woods County Fair.  Crescent City Amusements is working to modify their route to see if it is still possible to operate at the Lake of the Woods County Fair. The Lake of the Woods County Fair Board should know more in the next few weeks.  If the fair does happen, it will be mostly outdoor events.

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 $24,752.82; Road & Bridge $25,881.11; County Development $2,400; Solid Waste $21,610.66; EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 6/09/2020 For Payment 6/12/2020

Vendor Name Amount

Cenex Co-Op Services, Inc. 3,604.47

Compass Minerals America 2,509.85

Deputy Registrar No.75 4,127.04

Freeberg & Grund, Inc 2,751.25

Hometown Hardware 2,573.74

LOW Highway Dept 3,687.50

Mar-Kit Landfill 13,409.00

NetCenter Technologies 5,641.25

Pete’s Body Shop Dba 4,339.36

Strata Corp, Inc 2,230.28

Widseth Smith Nolting&Asst Inc 2,324.02

52 Payments less than 2000 27,491.39

Final Total: 74,689.15

Further moved to authorize the payment of the following auditor warrants: May 27, 2020 for $7,180.85; June 2, 2020 for $1,282,079.23; June 3, 2020 for $161,863.33; June 3, 2020 for ($409.34).

Rainy River Resort Liquor License

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve an update to Rainy River Resort’s liquor license to add off-sale.

COUNTY HIGHWAY/LANDFILL

Highway Update

County Engineer, AJ Pirkl, provided an update.  The Highway Department is moving forward on projects, but some things are on hold due to the recent rain.  They will start graveling on June 22, 2020, which is before the calcium chloride application.

1^st Avenue Project Approval

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve SAP-594-001, the 1^st Avenue project with Davidson Construction. Total cost for the County will be $471,018.96 ($798,223 minus a $327,204.04 grant).  

Spray Attachment for Tractor

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of a 500-gallon, three-point spray attachment with a 40-foot boom at a cost of $8,350.

CSAH 31 Construction Update

A change order will be made on this project to add erosion control blanket. 

Soil Boring Approval

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve soil borings with Element at a cost of $49,000 plus the cost to add soil borings to CSAH 9.  Soil borings will be conducted on the following roads: CSAH 36, CSAH 3, CSAH 8, CSAH 1, CSAH 9, County Road 51 and 52. 

Landfill Update

No update at this time.

U.S. CENSUS REPRESENTATIVE 

Peter Alexander, a Partnership Specialist for the U.S. Census Bureau, provided an update on the 2020 U.S. Census for our region. Alexander said that an individual has been selected to go to the Northwest Angle to visit with residents about the Census. The collection of data for the 2020 U.S. Census has been extended to October 31, 2020.  Starting on August 11, 2020, Census Representatives will go door to door and visit those who have not responded.  The current response rate is at 70.4% for the State of Minnesota and at 27.2% for Lake of the Woods County.  During the 2010 Census, the response rate for Lake of the Woods County was 29.8%.

CLEMENTSON WAYSIDE PARK

Mike Larson provided an update on the Clementson Wayside Park Project.  A dock was purchased by the Baudette Rotary Club to be donated to the County.  The dock will be placed on the east side of the park and it will be left in year-round.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve accepting the donation of the dock from the Baudette Rotary Club for the Clementson Wayside Park.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the rental and servicing of portable outhouses for use at the Clementson Wayside Park at a cost of up to $250 per month for the 2020 spring, summer and fall seasons.

ARMSTRONGLOW, LLC aka WIGWAM RESORT DECK/STRUCTURES 

The Board heard from concerned property owners regarding the unpermitted construction of a deck at Wigwam Resort.  No board action was taken at this time.

LAKE ACCESS

Zippel Bay Jetty

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve working on and sending a letter to representatives and senators regarding the need for channel maintenance to the Zippel Bay Harbor on Lake of the Woods.

LAND AND WATER PLANNING

Consideration of Conditional Use Permit #20-04CU by Shawn Wendler & Shawna Brasgalla

Land and Water Planning Director, Josh Stromlund, met with the Board and presented a Conditional Use Permit for Shawn Wendler and Shawna Brasgalla to operate a small engine repair and maintenance shop in a Rural-Residential (R-2) District.  No comments were heard from the public. Land and Water Planning Director, Josh Stromlund, reviewed the Findings of Fact with the Board and informed them that the Planning Commission recommended approval with conditions. The specific conditions of approval are as follows: Conditional Use Permit terminates upon sale or transfer of the property.

Motion:

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried, with Commissioner Buck Nordlof abstaining, to approve the Conditional Use Permit with conditions for Shawn Wendler and Shawna Brasgalla to operate a small engine repair and maintenance shop in a Rural-Residential (R-2) District. The specific conditions of approval are as follows: Conditional Use Permit terminates upon sale or transfer of the property. 

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Shawn Wendler_____________________ Date:  June 9, 2020___________

Location/Legal Description:  The North 450 feet of the East 500 feet of the NE1/4 of the NE1/4, Section 26, Township 161 North, Range 32 West – Parcel ID #23.26.11.01

Project Proposal:  Operate a small engine repair and maintenance shop in a Rural-Residential (R-2) 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? _Further business________________________________________

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

YES (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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? __County Rd #6_________________________________________

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

Why or why not? ___Agricultural_________________________________________

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?  Used oil, antifreeze, etc. will be contained and disposed of properly. No bathroom facilities.

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? _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 ( x )  NO (  )  N/A (  )

Why or why not? __One 2’ x 6’on building proposed___________________________

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

                                                                                                              YES ( x )  NO (  )  N/A (  )

Why or why not? _Use County Rd 6 – no change needed, adequate parking available___________

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:  Conditional Use Permit terminates upon sale or transfer of the property.

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

      June 9, 2020 _____________________________________

Date Jon Waibel

        Chair, County Board

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

RECESS

The meeting went into recess at 11:17 a.m. and resumed at 11:26 a.m.

MIS

Extend Contract: Eagleview

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to opt out of the current contract with Eagleview and enter a new six-year contract with Eagleview at a total cost of $103,940.00 from 911 funds.

Permission to Hire

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the hiring of Amber Zemke for the Temporary/Seasonal COVID-19 Cleaning Specialist position at Grade 6, Step 2, $15.75 per hour.  This position will be less than six months in duration.

County Website

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve contracting with Sandpieper Design Inc. to update the County’s website. The contract will be for one-time website development of up to $8,500 with a yearly maintenance fee of up to $2395.00.

NWA/SANDY SHORES CONCERNS

Commissioner Ed Arnesen added NWA/Sandy Shores concerns to the agenda, but the concerns were addressed during the County Highway portion of the meeting.

SPRAYING CONCERN

Commissioner Joe Grund had a concern brought to him about the spraying of ditches.  The request was to have signs posted when an area has been sprayed. No board decision was made at this time.

COVID-19

Update

Jill Hasbargen Olson, Emergency Management Director, provided an update.  She would like to see a cleaning plan for the Lake of the Woods County Fair, if they choose to have it.  She had no other updates except to mention that COVID-19 testing by the National Guard at CHI LakeWood Health’s Care Center is on hold.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 11:54 a.m.

Attest: June 23, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel