June 8, 2021

AGENDA

Tuesday, June 8, 2021

TIME TAB

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

Approve Agenda

Oath of Office – Board of Equalization

Approve the Minutes of May 25, 2021

9:05 a.m. #2 Social Services 

  • Claims

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

  • Claims
  • Roth Option
  • Northwest Angle Board Meeting – June 15 at 10 am

9:15 a.m. #4 Chamber of Commerce

  • Request for Funds – 4th of July Fireworks

9:20 a.m. #5 Second Amendment Dedicated County Resolution

9:30 a.m. #6 Public Works

  • Highway
  • CSAH Mileage Change Resolution             
  • CSAH 6 Update              
  • LRIP Grant Award              
  • Guard Rail on CSAH 17 Approval 
  • CR 80 (Holte Road) Update 
  • County Ditch 1 Repair Bids
  • Solid Waste
  • Electronic Disposal Grant Update 
  • Discuss Meeting on June 21
  • MPCA Meeting on July 13 to Discussion Demolition Landfill

10:10 a.m. #7 Land and Water Planning

  • Consideration of Conditional Use Permit #21-09CU by Leroy Howard
  • Consideration of Conditional Use Permit #21-10CU by Nicholas and Jessie Anthony
  • MPCA Correspondence
  • Zoning Ordinance Amendments 

10:45 a.m. #8 Work Session: American Rescue Plan Act

1:00 p.m. #9 Tax Forfeited Land Sale

Old/New Business

Lessard – Sams Outdoor Heritage Council/Outdoor Heritage Fund

Land Trade

Township Road Inventory

Home Health Care Task Force

Law Enforcement Center

Information to attend by web or phone:
https://lotw20.my.webex.com/join/peder_h
Dial in: 1-408-419-9388 Access Code: 627433446

June 8, 2021

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 – 4th 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 4th 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? ______________________________________________________

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

Why or why not?  Landing will be bermed to prevent rapid water runoff.

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

Why or why not?  Vegetative cover will be restored.

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

Why or why not?  Boat launch/landing.  

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

YES (X)  NO (  )  N/A (  )

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

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

Why or why not? ______________________________________________________

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

Why or why not?  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.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Not needed.

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

Why or why not?  Not needed.

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

  1. The Conditional Use Permit 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.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Access to MN 172.

  1. 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? ______________________________________________________

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

Why or why not?  Septic system.

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Has own septic and well (compliant).

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

  1. The Conditional Use Permit 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 

May 25, 2021

AGENDA

Tuesday, May 25, 2021

TIME TAB

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

Approve Agenda

Approve the Minutes of May 11, 2021

9:05 a.m. #2 Social Services 

  • Claims
  • Fraud Prevention Agreement

9:10 a.m. #3 Eagle Scout Badge Resolution – Anthony Kalk

9:15 a.m. #4 Auditor/Treasurer

  • Claims
  • American Rescue Plan, Authorized Representative
  • Resolutions – Sponsorship of Snowmobile Trail Assistance Program
    • Northwest Angle Edge Riders Club
    • Lake of the Woods Drifters Land and Big Traverse Trails
  • University of Minnesota Extension Agreement
  • Cartway, Peter Jones

9:25 a.m. #5 Public Works

  • Highway
  • Solid Waste

Old/New Business

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

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

May 25, 2021

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 

May 11, 2021

Commissioner Proceedings

May 11, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 11, 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 Buck Nordlof and carried unanimously to approve the agenda with the following additions: Sheriff/ MN DNR Federal Boating Grant and Lake of the Woods Trap Team Donation.

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $1,817.59; Commissioners Warrants $6,530.97; Commissioners Warrants $16,511.28.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $37,727.93; Road & Bridge $25,464.09; Social Service $1,200.00; County Development $2,396.00; Joint Ditch $1,540.00; Solid Waste $79,725.84; EDA $164.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 5/11/2021 For Payment 5/14/2021

Vendor Name Amount

American Solutions For Business 3,360.85

CARRIFF Engineered Fabrics Corporation 2,316.87

Cenex Co-Op Services, Inc. 5,755.97

Counties Providing Technology 3,985.00

LOW County Auditor-Treasurer 19,287.04

LOW Highway Dept 4,922.50

Mar-Kit Landfill 13,007.50

Mesabi Bituminous, Inc. 2,144.85

Roseau County Sheriff 4,665.65

Short Elliott Hendrickson, Inc 2,511.07

Sjoberg’s Inc 2,668.00

Swanston Equipment Corp 51,348.98

WIDSETH 3,646.00

Woody’s Service 2,680.57

58 Payments less than $2000                       25,917.57
                Final Total: 148,218.42

Further moved to authorize the payment of the following auditor warrants: April 28, 2021 for $207,005.48; May 5, 2021 for $56,535.86; May 5, 2021 for $228,091.79; May 4, 2021 for ($788.22).

Revenue/Expenditure/Investment Review

The County Commissioners were provided with information to review.

Cigarette/Tobacco License – ICEHOLE Tavern

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a cigarette/tobacco license for Balili Entertainment Group Inc./ICEHOLE Tavern, as permitted by County Sheriff Gary Fish and County Attorney James Austad.

County Owned Land Sale, Date and Terms of Sale

Resolution
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following resolution:

County Owned Land Sale
Resolution No. 2021-05-02

WHEREAS, pursuant to MS. 373.01, Lake of the Woods County desires to offer unimproved nonconforming County-owned land for sale, parcel number 19-2531-119, described as follows: Commencing at the West 1/16th corner on the East and West quarter line, 1312.6 feet South,  89°59’ 30” East of the quarter corner common to Section 25 and 26, Township 162 North, Range 32 West; thence South,  0°13’ East, along 1/16th line 400 feet; thence at right angles to said 1/16th line, North 89°47’ East, a distance of 600 feet to the point of beginning; thence South, 0°13’ East, parallel with 1/16th line, 687.48 feet; thence South, 89°59’30” East, parallel with above quarter line, 180 feet; thence Northerly and parallel to the West line of said described tract, a distance of 522.92 feet; thence Westerly and parallel to the South line of said described tract, a distance of  110.22 feet; thence North, 0°00’30” East, a distance of 164.56 feet; thence Westerly, parallel with quarter line, 69.78 feet, more or less, to the point of beginning; said described tract lying all within Gov. Lot 3, Section 25, Township 162 North,  Range 32 West, and containing 2.42 acres, more or less. (Note: Not to be used on legal documents.)

WHEREAS, the Lake of the Woods County Auditor/Treasurer is hereby authorized to notify adjoining landowners of said sale; 

WHEREAS, the minimum sale price has been set at $9,000.00

WHEREAS, the terms of the sale will be cash only, including applicable fees;

WHEREAS, all minerals and mineral rights will be reserved by Lake of the Woods County;

NOW, THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners authorizes the land sale to take place on June 21, 2021 at 1:00 p.m., in the Lake of the Woods County Government Center Commissioners’ Room;

BE IT FURTHER RESOLVED, that the Lake of the Woods County is authorized to issue a deed for the property to the highest bidder.

PUBLIC WORKS
Highway
Tobin Fishery Easement
County Engineer, AJ Pirkl, informed the Board that an agreement was reached with the current property owner of the former fishery. The County purchased a right of way easement, to include removal of the fishery building, for $8,000.00.

Award Contract SAP 039-622-008
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve awarding contract SAP 039-622-008 to KGM Contractors Inc. at $1,497,512.00.  Three bids were received for this project.  The County cost for this project will be $1,168,632.50.

Marti Carlson Retirement
Resolution
The following resolution was offered by Chairman Joseph Grund and moved for adoption:

Recognition of Years of Service
Martine E. Carlson
Resolution No. 21-05-01

WHEREAS Martine Carlson has served Lake of the Woods County as a Deputy Auditor and Highway Accountant/Office Manager since September 5, 1990;
WHEREAS Martine will retire from Lake of the Woods County effective May 14, 2021 with more than thirty years of service;
NOW THEREFORE, BE IT RESLOVED That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Martine for her dedicated service and wishes her well on her retirement.

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

Solid Waste/Landfill
TV Dropoff
There will be a free event for television and monitor drop off on May 20, 21, and 22, 2021 at the landfill.  This event is offered through a MPCA grant.

MPCA Update
County Engineer, AJ Pirkl, is still in conversation with the MPCA on the landfill cover.

LAND AND WATER PLANNING

Consideration of Conditional Use Permit #21-07CU by Tillman Infrastructure, LLC on behalf of Richard and Teresa Humeniuk

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-07CU by Tillman Infrastructure, LLC, on behalf of Richard and Teresa Humeniuk: The SE¼SW¼, Section Twelve (12), Township One Hundred Sixty (160) North, Range Thirty (30) West, Parcel ID#- 31.12.31.080. 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 commercial communications tower in a Rural Residential District (R2).

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #21-07CU for Tillman Infrastructure, LLC, on behalf of Richard and Teresa Humeniuk to operate a commercial communications tower in a Rural Residential District (R2) with the following conditions:

  1. Comply with FCC guidelines and rules governing communication towers.
  2. Comply with FAA guidelines and rules governing communication towers.

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

Name of Applicant:  Tillman Infrastructure, LLC, on behalf of Richard and Teresa Humeniuk   

Date: May 11, 2021

Location/Legal Description:  The SE¼SW¼, Section Twelve (12), Township One Hundred Sixty (160) North, Range Thirty (30) West, Parcel ID# – 31.12.31.080

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401-C of the Lake of the Woods County Zoning Ordinance, to operate a commercial communications tower in a Rural Residential District (R2).

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

Why or why not?  Communication and safety network.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Will increase safety.

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

Why or why not? ______________________________________________________

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

Why or why not?  Will not change.

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Adjacent to a County Road.

  1. 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? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows: 

  1. Comply with FCC guidelines and rules governing communication towers.
  2. Comply with FAA guidelines and rules governing communication towers.

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

May 11, 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 #21-08CU by T & A Rentals, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-08CU by T & A Rentals, LLC: Lot 6, Block 1, Rainy River Retreat, Section Twenty-four (24), Range One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#: 19.62.01.060. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Residential Development (Rl) Zoning District.

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #21-08CU by T & A Rentals, LLC to operate a short-term transient rental in a Residential Development (Rl) Zoning District with the following conditions:

  1. Conditional Use Permit is for North end of duplex only.
  2. Must meet MDH requirements.
  1. The Conditional Use Permit terminates upon sale or transfer of property.
  2. Must pay lodging tax.
  3. Established quiet hours are from 10:30 p.m. to 6:00 a.m.
  4. Must meet State Fire Code.
  5. No on-street parking is allowed.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  T & A Rentals, LLC Date:  May 11, 2021

Location/Legal Description:  Lot 6, Block 1, Rainy River Retreat, Section Twenty-four (24), Range One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#: 19.62.01.060

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) Zoning District.

  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?  Located in one of the Commercial Activity Centers identified within Growth Corridor.

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

      YES (X)  NO (  )  N/A (  )

Why or why not?  Property is located within the Wheeler’s Point Sanitary District, proper conditions placed upon approval to mitigate health, safety, and welfare concerns.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

  YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Adjacent to Pickeral Trail.

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

Why or why not?  Located in one of the Commercial Activity Centers identified within Growth Corridor and is located within an area that has a mixture of residential and commercial land uses.

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?  The property is within the Wheeler’s Point Sanitary District.

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Well has been tested and the property is within the Wheeler’s Point Sanitary District.

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not?  Parking in front of unit.

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. Conditional Use Permit is for North end of duplex only.
  2. Must meet MDH requirements.
  3. The Conditional Use Permit terminates upon sale or transfer of property.
  4. Must pay lodging tax.
  5. Established quiet hours are from 10:30 pm to 6:00 am.
  6. Must meet State Fire Code.
  7. No on-street parking is allowed.

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

______May 11, 2021_ _____________________________________

Date Joseph Grund

        Chair, County Board

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

SHERIFF
MN DNR Federal Boating Grant
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the MN DNR Federal Boating Equipment Grant for fiscal year 2021 in the amount of $3,620.00 and for Sheriff Gary Fish and Chair Joe Grund to sign the same.  The grant can be used for specific items for recreational boating safety.

Lake of the Woods Trap Team Donation
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to donate $1,892.00 from gun permit funds for the Lake of the Woods Trap Team to attend the State Tournament.

CORRESPONDENCE
A thank you from Lake of the Woods High School Class of 2021 was acknowledged.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 10:29 a.m.

Attest: May 25, 2021

_________________________________ _________________________________

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

May 11, 2021

AGENDA

Tuesday, May 11, 2021

TIME TAB

9:00 a.m. #1

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

9:05 a.m. #2 Social Services 

  • Claims

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

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

9:25 a.m. #4 Public Works

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

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

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

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

Old/New Business

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

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

April 27th, 2021

Commissioner Proceedings

April 27, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 27, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following additions: Public Health, MIS/Telephone Services and Wetlands.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of April 13, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $3,334.41; Commissioners Warrants $1,396.40; Commissioners Warrants $31,584.56.

Contract with Sanford Behavioral Health for CBS Services

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of service agreement with Sanford Health Network North dba Sanford Behavioral Health Center and for Vice-Chair, Buck Nordlof and Social Services Director, Amy Ballard to sign the same.

Contract with Stellher Human Services for Youth Crisis Response

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of service agreement with Stellher Human Services, Inc. and for Social Services Director, Amy Ballard to sign the same.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $47,550.35; Road & Bridge $18,423.57; Solid Waste $11,763.37; EDA $850.98. 

WARRANTS FOR PUBLICATION

Warrants Approved On 4/27/2021 For Payment 4/30/2021

Vendor Name       Amount

Avenu Insights & Analytics 6,500.93

BAYCOM, INC. 2,150.00

Counties Providing Technology 3,910.00

DLT Solutions, LLC 6,952.44

LOW Fair Association 25,000.00

Northern Light Region 5,703.57

Remer Iron Works 3,450.00

Short Elliott Hendrickson, Inc 2,511.07

U.S. Bank Equipment Finance 6,268.50

Ziegler, Inc 2,308.84

29 Payments less than 2000                                         13,832.92

Final Total:       78,588.27

Further moved to authorize the payment of the following auditor warrants: April 14, 2021 for $11,010.31, April 21, 2021 for $13,091.29.

Liquor License – ICEHOLE Tavern

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve On/Off Sale and Sunday Liquor for Balili Entertainment Group Inc. for ICEHOLE Tavern, as permitted by County Sheriff, Gary Fish and County Attorney, James Austad.

Set Cartway Hearing Date, Peter Jones

It was determined that more information is needed to verify if the petition for a cartway is valid as received.  County Attorney, James Austad will research the petition and the Board will put this item back on the agenda for May 25, 2021.

Land Sale, Date and Terms of Sale

County Attorney, James Austad, requested more time to look into the sale of county owned land, parcel 19-2531-119.  This item will be back on the agenda for May 11, 2021.

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following minimum sale bids for the tax forfeited land listings, these listings did not sell during the 2019 tax forfeited land sale:

Parcel Legal DescriptionPre & Post Forf. Spec. AsmtsTotal Delinq. Amount DueEstimated Market Value2019 Minimum Sale Bid2021 Minimum Sale Bid
62-5301-010Lot 1, Blk 1First Addition to Williams$6,285.83$9,451.25$4,700$4,000$1,000
62-5302-030Lot 3 & S33’ Lot 2, Blk 2  First Addition to Williams        $5,398.00$9,005.72$9,000$4,000$1,000

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the terms of sale for the tax forfeited land as follows:

TERMS FOR THE PUBLIC SALE OF TAX FORFEITED LAND
IN LAKE OF THE WOODS COUNTY

PUBLIC SALES: All tax forfeited land is offered at public auction and sold to the highest bidder. The minimum bid acceptable is the basic sale price that is shown on the list of tax forfeited land. The basic sale price is equal to or lesser than the assessed/appraised value and may include additional charges for unpaid special assessments or timber values as appraised by the Minnesota Department of Natural Resources.

PARCELS NOT SOLD AT PUBLIC AUCTION: Parcels not sold at a public sale may be purchased after the public sale by paying the basic sale price of the parcel.  The basic sale price cannot be changed unless the parcel is re-appraised, republished, and again offered at a later public sale.

FEES: The following fees will be collected at the time of sale: State Assurance Surcharge, 3%; State Deed Fee, $25.00; Deed filing fee, $25.00; Deed Recording Fee, $46.00; Well Disclosure Certificate, $50.00 (if applicable); and State Deed Tax, equal to the greater of $1.65 or 0.33% of the basic sale price. 

PAYMENT TERMS: CASH—FULL PAYMENT AT TIME OF SALE.

Payment includes timber value and certified special assessments to county.

SPECIAL ASSESSMENTS: Any special assessments certified to the county, prior to or after forfeiture, are included and must be paid by the purchaser as part of the basic sale price. It is the responsibility of the prospective buyer to contact the appropriate city to determine any special assessments not certified to the county and that may be subject to further assessment thereof. 

CONDITIONS: Sales are subject to the following restrictions on the use of the properties: existing leases, building codes and zoning laws, and easements obtained by any government subdivision or agency thereof for a public purpose. The assessed/appraised value does not represent a basis for future taxes. 

All property is sold “as is” and may not conform to current local building and zoning ordinances. Lake of the Woods County makes no warranty that the land is “buildable”. All sales are final, and no refunds or exchanges are permitted. Lake of the Woods County is not responsible for location or determining property lines or boundaries.  Access to the property is the responsibility of the buyer. 

*Lake of the Woods County is unaware of any known hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time.

Lead Warning Statement: Every purchaser of any interest in residential real property on which residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. 

*Lake of the Woods County is unaware of any known hazards or risk assessments on or available for applicable sale properties. 

Radon Warning Statement: The MN Dept. of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy and recommends having the radon levels mitigated if elevated concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling.

*Lake of the Woods County is unaware of any radon testing, records, concentration levels, or mitigation systems on or available for applicable sale properties.

TITLE: PROOF OF OWNERSHIP: The buyer will receive a receipt at the time of the sale. The Department of Revenue will issue a State quitclaim deed after full payment is made. A State deed has the characteristics of a patent from the State of Minnesota.

SETTLEMENT IS FINAL: No warranties as to physical condition of the property have been made by Seller, its Employees or Agents; any warranties of physical condition of the property are void. The Seller, its Employees or Agents, have no further responsibility or liability with respect to the condition or management of the property. 

FOR ALL LAND NOT IN A PLATTED SUBDIVISION: There are restrictive covenants required for marginal lands and wetlands including lands in Auditor’s Subdivisions (see Minnesota Statutes Section 103F.535, Subd. 2; and Section 282.018, Subd. 2.)

FORMER OWNERS: Must pay the purchase price or the amount of delinquency, whichever is more, pursuant to Minnesota Statutes Section 282.01, Subd. 7; Section 282.012; and Section 282.241.

IN ORDER TO PROTECT YOUR LEGAL INTERESTS, WE RECOMMEND THAT YOU CONSULT WITH YOUR ATTORNEY ON LEGAL MATTERS.

Resolution
The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously.

TAX FORFEITED LAND SALE

RESOLUTION NO. 21-04-01

WHEREAS; the County Board of Commissioners of the County of Lake of the Woods, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for non-payment of taxes, and

WHEREAS; said parcels of land have been viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01.

WHEREAS; that the basic sale price of each parcel on the List of Tax-Forfeited Land has been reset by the County Board of Commissioners and are on file with the County Auditor/Treasurer;

NOW, THEREFORE, BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners hereby certify that the parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be approved and the authorization for a public sale of this land be granted, pursuant to Minnesota Statutes 282.01;

BE IT FURTHER RESOLVED; that the sale of said Tax-Forfeited Land will be held in the Lake of the Woods County Commissioners Room, at 1:00 p.m., Tuesday, June 8, 2021, by the Lake of the Woods County Auditor/Treasurer; for not less than the basic sale price and that all sales shall be in full payment at the time of the sale.

LAKE OF THE WOODS COUNTY FAIR BOARD
Grandstand Project
The Fair Board is looking to raise approximately $100,000 more for the grandstand project, to purchase and install a canopy over the grandstand. It was the consensus of the County Board to support the grandstand project at a minimum of $50,000.  The County Board will continue to research other funding resources with the help of the Economic Development Authority and would like to have a meeting with the City of Baudette to discuss the project.

EMERGENCY MANAGEMENT

2020 Emergency Management Performance Grant Agreement 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2020 Emergency Management Performance Grant at $13,817 and for Vice-Chair Buck Nordlof and Auditor/Treasurer Lorene Hanson to sign the same.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2020 Emergency Management Performance COVID-19 Supplemental Grant at $7,211 and for Vice Chair Buck Nordlof and Auditor/Treasurer Lorene Hanson to sign the same. 

HUMAN RESOURCES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve to hire for the Environmental Specialist Position at grade 9, step 7, points 232, $21.24 per hour.

PUBLIC WORKS
Highway
Approval of SAP 039-633-003
County Engineer, AJ Pirkl, indicated that this request will be brought to the next Board meeting on May 11, 2021.

Update
County Engineer, AJ Pirkl, provided an update on the ditch petition from Daniel Pieper, the petition has been satisfied.  Pirkl is looking at additional work on Judicial Ditch 24 and will provide a cost estimate at the next Board meeting.

Solid Waste/Landfill
Update
County Engineer, AJ Pirkl, provided an update regarding conversations with the MPCA regarding the use of a clay or synthetic cap for the landfill.  Pirkl feels the clay cap will be a better option, as it can be installed and maintained by county staff.

Pirkl requested to set a public input session for Monday, June 21 at 6 p.m. in the Government Center Court Room to discuss solid waste policy for sleeper ice fishing houses and the Legislative-Citizen Commission on Minnesota Resources grant proposal regarding human generated sludge on the lake.

PUBLIC HEALTH
CHI LakeWood Health Public Health Manager, Kay M. Schell and CHI LakeWood Health VP of Operations, Jeffry Stampohar provided an update to the Board regarding COVID-19 cases, vaccines, and testing in Lake of the Woods County.

MIS
Telephone Services

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve Wiktel as the telephone service provider for Lake of the Woods County, at a cost of $1,051 per month.

WETLANDS

Commissioner Jon Waibel requested a work session on wetlands, to discuss ways to be more accommodating regarding wetland information to those interested in building in Lake of the Woods County. No work session date was set at the time.

RECESS
With no further business before the Board, Vice-Chair Buck Nordlof called the meeting to recess at 12:25 p.m.

Attest: May 11, 2021

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

April 27, 2021

AGENDA

Tuesday, April 27, 2021

TIME TAB

9:00 a.m.

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

9:05 a.m. #2 Social Services 

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

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

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

9:30 a.m. #4 Emergency Management

  • 2020 Emergency Management Performance Grant Agreement

9:35 a.m. #5 Human Resources

  • Environmental Specialist Position

9:40 a.m. #6 Public Works

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

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

  • Grandstand Project

Old/New Business

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

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

April 13, 2021

April 13, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 13, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Chair Joe Grund called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Cody Hasbargen and Buck Nordlof.  Commissioner Ed Arnesen arrived to the meeting at 9:05 a.m. Also present: Jaime Boretski-LaValla.

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of March 16, 2021.

Motion

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

SOCIAL SERVICES

Claims

Motion

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

AUDITOR/TREASURER

Claims

Motion

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

ByteSpeed, LLC 3,940.00

Cenex Co-Op Services, Inc. 6,756.62

Deputy Registrar No.75 2,609.50

Freeberg & Grund, Inc 21,510.05

Headwaters Regional Development Commiss 6,250.00

Interstate Billing Service Inc 2,725.70

JMD Manufacturing Inc 2,496.00

Lakewood Health Center 5,256.00

LOW Highway Dept 10,573.75

Mar-Kit Landfill 16,120.50

Powerplan 5,192.60

Quadient Finance USA Inc. 4,000.00

R & Q Trucking, Inc 5,150.00

University Of Mn 9,407.00

Voyageurs Comtronics, Inc 2,995.20

WIDSETH 5,250.50

74 Payments less than 2000   36,490.90

Final Total: 146,724.32

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

Tower Space User Agreement Amendment

Motion

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

LAKE OF THE WOODS TOURISM

Motion

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

LAKE OF THE WOODS SENIOR CLASS TRIP

Motion

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

SHERIFF

Sentencing to Service Joint Powers Agreement

Motion

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

Approval to purchase cameras

Motion

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

HUMAN RESOURCES

Jail/TAC Administrator Position

Motion

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

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

Motion

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

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

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

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

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

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

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

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

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

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

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

Why or why not?  Control erosion.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Erosion control.

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

Why or why not?  Will not adversely affect these.

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Reason for project.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Reason for project.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:  None

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

April 13, 2021 _____________________________________

Date Joseph Grund, Chair, County Board

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

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

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

Why or why not?  Existing aggregate mining.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Aggregate mining proposal.

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not?  No change.

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

Why or why not?  Same access as before expansion.

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

Why or why not?  No change.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

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

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

April 13, 2021 _____________________________________

Date Joseph Grund, Chair, County Board

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

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

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

Why or why not?  Aggregate mining.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

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

Why or why not? ______________________________________________________

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

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Existing road.

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

Why or why not?  Existing pit.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Not needed – vegetative cover in place.

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

Why or why not? ______________________________________________________

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

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

Why or why not?  Via 38th Ave NW.

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

The specific conditions of approval are as follows:

  1. The Conditional Use Permit terminates upon completion of the Lake of the Woods County CSAH #6 road project.
  2. A dust control plan is to be submitted to and approved by the Lake of the Woods Public Works Director.

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

April 13, 2021 _____________________________________

Date Joseph Grund, Chair, County Board

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

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

Attest: April 27, 2021

_________________________________ _________________________________

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

April 13, 2021

AGENDA

Tuesday, April 13, 2021

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

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims
  • Tower Space User Agreement Amendment

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

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

9:40 a.m. #6 Human Resources

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

9:50 a.m. #7 Public Works

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

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

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

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

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

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