Tuesday, September 24, 2024

TIME TAB

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

Approval of Agenda

Approve Minutes of September 10, 2024

9:05 a.m. #2 Social Services

Claims

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

Claims
Set Public Hearing-Lodging Tax Ordinance
Extension Agreement

9:15 a.m. #4 Land & Water

Timber Sales

9:20 a.m. #5 Public Works

Updates
Road Upgrade Policy-10 Ton Road

9:30 a.m. #6 Opioid Settlement Advisory Council

10:00 a.m. #7 Jeff Nelson

10:30 a.m. #8 Arrowhead Library-Mollie Stanford

10:45 a.m. #9 Audit Exit Review

11:15 a.m. #10 Closed Session

Resolution Open/Close
Union Negotiation-MN Statute 13D.03, Sub 1(b)
Motion Open/Close

11:30 a.m. #11 Adjourn

Correspondence: AMC

Old/New Business

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
Land Trade
Township Road Inventory
Law Enforcement Center
Unused Wells
County Life Flight/Ambulance

September 10, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 10, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Wildlife Management Area Discussion, Truck Repairs.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $9,367.19; Commissioners Warrants $2,894.87; Commissioners Warrants $22,241.95.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $97,033.83; Road & Bridge $53,188.23.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/10/2024 For Payment 9/13/2024

Vendor Name Amount

Baudette Community Foundation 5,000.00

Clay County Sheriff 2,503.40

Farmers Union Oil company 2,095.98

Gamache/Micheal D 44,300.00

Hoffman, Philipp & Martell, PLLC 8,720.00

Larkin Hoffman Attorneys 14,720.00

Law Offices Of Patrick D. Moren 9,065.73

Mar-Kit Landfill 15,084.50

Northern Light Region 2,328.94

Quadient Finance USA Inc. 3,000.00

R & Q Trucking, Inc 5,669.39

SeaChange Print Innovations 3,479.89

WIDSETH SMITH NOLTING & ASSOC., INC. 5,650.00

54 Payments less than 2000 28,604.23

Final Total: 150,222.06

Further moved to authorize the payment of the following auditor warrants: September 4, 2024 for $21,191.71; September 4, 2024 for $66,818.31; September 5, 2024 for $262,827.40.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of August 27, 2024.

Proposed Levy 2024/2025

Resolution

Resolution Adopting

Proposed 2025 Budget and Tax Levy

Resolution 2024-09-01

The following Resolution was proposed and moved for adoption by Commissioner Jon Waibel:

WHEREAS, the Proposed County Budget for the year 2025 has been reviewed by the Lake of the Woods County Board of Commissioners; and

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2025:

Revenue Fund $ 2,254,700

Road & Bridge Fund $ 520,000

Social Services Fund $ 620,000

Economic Development Authority Fund $ 50,000

2025 Proposed Budget and Tax Levy $ 3,444,700

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2025:

Twp Road & Bridge $ 526,470*

Twp Fire – Baudette $ 28,750

Twp Fire – Williams $ 20,921

Twp Fire – NW Angle $ 6,500

Total $ 582,641

2025

* $526,470 for Township Road & Bridge, includes $5,000 Blue Blades and $12,765 Admin of Township Roads (508,705+5,000+12,765=526,470)

A public meeting to discuss the 2025 Proposed Budget and Tax Levy will be held on Tuesday, December 17, 2024, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room.

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

Appoint of Election Judge

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon waibel and carried unanimously to approve the following election judge for the 2024 General (November 5, 2024) Election: Cassie Brune.

Cigarette License Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the cigarette license application for Hugo’s Lake of the Woods Foods.

Donation Request-Williams Potato days

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the donation request in the amount of $1000.00 for the Williams Potato Day Committee for operational needs to be paid for out of Con-Con Funds.

Sheriff

FY2022 Operation Stonegarden Grant Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the 2022 Operation Stonegarden Grant in the amount of $118,503.00.

Public Works

Updates

County Engineer Anthony Pirkl gave an update about various Highway projects. There was also discussion about a possible amendment to the county highway policy regarding road restrictions.

Final Payment SAP 039-598-072

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-598-072 for Olson Construction TRF of Thief River Falls, MN in the total amount of $155,095.00 and hereby authorize final payment of $32,963.00.

Final Payment CP 2024-06

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the final payment of CP 2024-06 for Asphalt Preservation Company, Inc. of Detroit Lakes, MN in the total amount of $218,097.00 and hereby authorize final payment of $218,097.00.

Town Road Vacation

Set Public Hearing Date

Resolution

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

Resolution to Create an Order Setting forth initial descriptions and setting public hearing date

Resolution No. 2024-09-02

WHEREAS, the Lake of the Woods County Board of Commissioner, acting as the Town Board for Walhalla Township (unorganized township) in Lake of the Woods County Minnesota was presented a petition and reviewed the same at its regular board meeting on the 10^th day of September, 2024, requesting the vacation of a public easement road.

WHEREAS, the petition contained a description of the road, the names of the owners over which the road passes, and the point of beginning, general course, and termination of the road proposed to be vacated.

WHEREAS, the portion of the public easement roadway to be vacated is described as: The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also,The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line: Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W. As fully depicted on attached Exhibit A.

WHEREAS, Minnesota Statutes §164.07, subd. 2, requires the Board to make an order describing as nearly as practicable the portion of the road to be vacated, describing the several tracts of land through which the road passes, and fixing a time and place when and where the Town Board will meet and act upon the motion;

NOW, THEREFORE, IT IS HEREBY ORDERED:

1.The portion of the road proposed to be vacated is described above. 2.The several tracts of land through which the road passes and their owners will be notified and proof of notification will be returned to the board.3. The Lake of the Woods County Board of Commissioners, acting on behalf of

unorganized Walhalla Township will conduct a Public Hearing on October 8, 2024, at 10:30 a.m. at the site of the town road proposed to be vacated, located in unorganized Walhalla Township, Lake of the Woods County, Minnesota to examine the road. The board will recess from the viewing of the road and reconvene the Public Hearing at the Board of Commissioners Room, Lake of the Woods County Courthouse, Baudette, Minnesota to receive public comment, consider the proposed action, and act on the motion/resolution.

Human Resources

Part-time E911 Corrections Officer to Permanent Part-time

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to change the Part-time E911 Corrections Officer Harley Poppitz to a Permanent Part-time position at the current grade and step effective next full pay period.

Land & Water

Truck Repairs

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request for truck repairs on a Land & Water vehicle in the amount of $1,389.00.

Consideration of Conditional Use Permit #24-03CU by Thomas Flaherty

Lot Six (6), Block One (1), Rivards River Acres, Section Eight (8), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid) – Parcel ID# 31.56.01.060. 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 of the Rainy River for river access. The Rainy River is an Agricultural River segment.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-03CU by Thomas Flaherty to move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for river access with the following conditions:

Erosion control methods must be installed and remain in place until the site is fully vegetated.
Fabric must be properly installed under the rock.
Adequate drainage must remain and not blocked.
Applicant is to obtain MNDNR permit, if required.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Thomas Flaherty Date: September 10, 2024

Location/Legal Description: Lot Six (6), Block One (1), Rivards River Acres Subdivision

Project Proposal: 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 of the Rainy River for the purpose of river access.

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

Why or why not? Residential water frontage.

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

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

Why or why not? ____________________________________________________________________

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? Decrease sedimentation.

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? No change to topography.

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? ____________________________________________________________________

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 ( )

Why or why not? Vegetative cover will be implemented and monitored.

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

Why or why not? ____________________________________________________________________

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? Rainy River.

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? ____________________________________________________________________

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? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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? ____________________________________________________________________

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? ____________________________________________________________________

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? ____________________________________________________________________

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? ____________________________________________________________________

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? ____________________________________________________________________

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

Erosion control methods must be installed and remain in place until the site is fully vegetated.
Fabric must be properly installed under the rock.
Adequate drainage must remain and not be blocked.
Applicant is to obtain MNDNR permit to work below the Ordinary High-Water Level of the Rainy River, if required.

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

September 10, 2024 _____________________________________

Date Cody Hasbargen

Chair, County Board

Consideration of Conditional Use Permit #24-06CU by Timothy & Kristi Bjerk

Lot Eight (8), Block One (1), Lake Shore Village, Section Six (6), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper) – Parcel ID# 16.59.01.080. 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 of Lake of the Woods for a rip rap repair project. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-06CU by Timothy & Kristi Bjerk to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for a rip rap repair project with the following conditions:

Project approval does not include placement of rock or other work on the jetty without approval or authorization from the Minnesota Department of Natural Resources (DNR).
Applicant is to follow the DNR Guidance document titled “Shoreline Alterations: Riprap”.
If Applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Timothy & Kristi Bjerk Date: September 10, 2024

Location/Legal Description: Lot Eight (8), Block One (1), Lakeshore Village Subdivision

Project Proposal: 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 of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap.

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

Why or why not? Shoreline repair.

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

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

Why or why not? ____________________________________________________________________

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

Why or why not? Eliminate shoreline erosion.

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

Why or why not? No change.

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? 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? Lake of the Woods.

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

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

Why or why not? ____________________________________________________________________

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

Why or why not? ___________________________________________________________________

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

Why or why not? ____________________________________________________________________

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

Project approval does not include placement of rock or other work on the jetty without approval or authorization from the Minnesota Department of Natural Resources (DNR).
Applicant is to follow DNR Guidance document titled “Shoreline Alterations: Riprap”.
If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

September 10, 2024 _____________________________________

Date Cody Hasbargen

Chair, County Board

Wildlife Management Areas-Discussion

Commissioner Joe Grund informed the board of information he received regarding WMA fish and wildlife service lands and the logging affecting timber sales in the area.

Fair Board

Updates

Members of the Fair Board gave an update on various events throughout the year as well as their plans for the upcoming year. They also discussed difficulties they face when acquiring a carnival that is willing to come up north at a reasonable price.

Adjourn

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 10:15 a.m.

Attest: September 24, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

September 10, 2024

AGENDA

Tuesday, September 10, 2024

TIME TAB

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

Approval of Agenda

Approve Minutes of August 27, 2024

9:05 a.m. #2 Social Services

Claims

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

Claims
Resolution-Proposed Levy 24/25
Appointment of Election Judge-Cassie Brune
Cigarette License-Hugo’s
Donation Request

9:20 a.m. #4 Sheriff

FY22 OPSG Contract

9:25 a.m. #5 Public Works

Updates
Final of 039-598-072
Final of CP 2024-06

9:35 a.m. #6 Town Road Vacation

Set Public Hearing Date

9:50 a.m. #7 Land & Water

CUP #24-03CU
CUP #24-06CU

10:05 a.m. #8 Human Resources

Part-time E911 Corrections Officer to Permanent Part-Time

10:10 a.m. #9 Fair Board

Updates

10:25 a.m. #10 Adjourn

10:30 a.m. #11 Work Session

Sheriff

Old/New Business

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
Land Trade
Township Road Inventory
Law Enforcement Center
Unused Wells
County Life Flight/Ambulance

Microsoft Teams meeting

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+1 929-336-2435,,309462229# United States, New York City

August 27, 2024

COMMISSIONER PROCEEDINGS

August 27, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 27, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Closed Session, Storm Shelter Funds Request, Retirement Resolution, Jail Contract, and Town Road Vacation. Remove: Audit Exit Review, Fair Board Updates.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of August 6, 2024.

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 $24,852.05; Commissioners Warrants $3,087.97; Commissioners Warrants $64,368.36.

Permission to Advertise, Interview, and Hire- Office Support Specialist

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the request to advertise, interview, and hire an office support specialist at Grade 9, Step 1, $20.64 per hour at 222 points.

Retirement Resolution

Resolution

The following resolution was offered by Commissioner Cody Hasbargen and moved for adoption:

RECOGNITION OF YEARS OF SERVICE

JO AERY

RESOLUTION No. 2024-08-03

WHEREAS Jo Aery has served the residents of Lake of the Woods County since December 8, 2006 as Lake of the Woods County Social Services Office Support Specialist/Transportation Coordinator;

WHEREAS Jo Aery has resigned from Lake of the Woods County service effective August 30, 2024 with 17 years and 8 months of service;

NOW THEREFORE, BE IT RESOLVED That Lake of the Woods County Board of Commissioners Extends its deepest appreciation to Jo Aery for her dedicated service and best wishes to her;

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

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $223,686.76; Road & Bridge $72,879.49; County Development $13,475.00; Joint Ditch $460.00; Solid Waste $49,725.23; EDA $1,893.74.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/27/2024 For Payment 8/30/2024

Vendor Name Amount

Bert’s Truck Equipment Of Moorhead Inc 2,768.70

Charm-Tex 16,383.50

Co-Op Services, Inc. 23,196.96

Concrete Canvas US, Inc. 9,976.00

Counties Providing Technology 4,407.00

Farmers Union Oil company 2,387.75

Freeberg & Grund, Inc 3,575.00

Gallow Technologies 8,446.96

Hoffman, Philipp & Martell, PLLC 7,705.00

Howard’s Oil Company 4,368.47

Integris LLC 2,055.64

John Campbell DBA Toy Box 5,072.60

Laine/Robert 2,200.00

Lake Area Construction Inc 11,587.50

Larkin Hoffman Attorneys 19,707.25

LOW Highway Dept 3,347.85

Mar-Kit Landfill 17,507.00

Mn State Dept-Correction 16,224.00

Msop-Mn Sex Offender Prgrm-462 2,921.90

NetCenter Technologies 12,689.50

North East Technical Service,Inc 6,425.50

Pennington County Sheriff Office 10,065.00

Powerplan 2,218.95

Quadient Finance USA Inc. 6,000.00

R & Q Trucking, Inc 6,264.00

Shannon’s Inc 42,717.56

Titan Machinery – Roseau 8,544.82

U.S. Bank Equipment Finance 6,268.50

Uline 6,510.37

University Of Mn 15,121.50

Walker Pipe & Supply 9,140.25

WIDSETH SMITH NOLTING & ASSOC., INC. 15,275.00

Wikstrom Telephone Co.,Inc 12,320.00

72 Payments less than 2000 38,720.19

Final Total: 362,120.22

Further moved to authorize the payment of the following auditor warrants: August 7, 2024 for $63,450.89; August 8, 2024 for $278,096.98; August 14, 2024 for $119,062.73; August 21, 2024 for $11,333.45.

Joint Powers Agreement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Joint Powers Agreement contract number 253368 between the State of Minnesota and Lake of the Woods County for election recount services.

Veterans Grant Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the veterans grant for transportation services in the amount of $7,500.00.

Storm Shelter Funds Request

Brenda Nelson and Nyla O’Connell came to the board to discuss funding options for an elevator replacement at Bethany Church in Williams. Bethany church is the designated storm shelter for that area and the elevator is broken and will need to be replaced. The board discussed requesting assistance from Emergency Management Director Jill Olson to review grant options that may be available. No action was taken at this time.

Airport Zoning Board

Resolution

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

AUTHORIZING THE CREATION OF A JOINT AIRPORT ZONING BOARD

Resolution No. 2024-08-04

WHEREAS, The City of Baudette, hereinafter referred to as the Municipality, owns and controls the Baudette International Airport; and

WHEREAS, Portions of the airport hazard area adjacent to the airport are located outside the territorial limits of said Municipality but within the territorial limits of this County; and

WHEREAS, The above Municipality has requested in writing that we join with them in the creation of a Joint Airport Zoning Board; and

WHEREAS, This County deems it necessary and expedient to create a Joint Airport Zoning Board in cooperation with the above Municipality pursuant to Minnesota Statutes Section 360.063, Subdivision 3, and other applicable laws for the purpose of establishing, administering, and enforcing zoning laws for the areas surrounding the airport and for the protection of the airport and the public; and

WHEREAS, The above statute provides that this County has the right to appoint two (2) persons to said board; and

WHEREAS, Subdivision 3 of Section 32 of the Appropriations Bill passed by the Minnesota Legislature effective July 1, 1973, provides that no moneys shall be expended by the Commissioner of Transportation of the State of Minnesota to improve and maintain an airport unless the governmental unit owning the airport has or is established a zoning authority for the airport.

NOW, THEREFORE, BE IT RESOLVED by the Lake of the Woods County Board as follows:

That there is hereby created in cooperation with the above Municipality a Joint Airport Zoning Board to be composed of representatives of Lake of the Woods County and representatives of the above Municipality pursuant to Minnesota Statutes Section 360.063, Subdivision 3.

That Lake of the Woods County hereby appoints Cody Hasbargen and Jon Waibel to be its representatives on said board with alternates Ed Arnesen, Buck Nordlof, and Joe Grund, said persons to serve for an indefinite term until they resign or are replaced by Lake of the Woods County.

Sheriff

Jail Contract-Purchase of Service Agreement Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Jail Purchase of Services Agreement between Lake of the Woods County and Pennington County for $65.00 per day for three beds and to have Chair Cody Hasbargen and Sheriff Gary Fish sign the same.

County TV

Kent Christianson gave an update on the maintenance and testing on the county tv equipment.

Land & Water

Consideration of Interim Use Permit #24-04IU by Christopher and Ashley Olson

Lot Three (3), Block One (1), Turgeon Estates in Section Twenty (20), Township One-hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) – Parcel ID# 24.60.01.030. Applicant is requesting an Interim Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1).

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-04IU by Christopher and Ashley Olson to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:

The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
The septic system is sized for the maximum occupancy identified in the application.
The maximum occupancy is limited to the identified number in the application.
The established quiet hours are as identified in the application.
A valid Certificate of Compliance for the septic system is required.
No on street parking is allowed.
If applicable, applicant must meet the Minnesota Department of Health Requirements.

Lake of the Woods County Board of Commissioners

Short-Term Vacation Rental Findings of Fact and Decision

Name of Applicant: Christopher and Ashley Olson Date: August 27, 2024

Location/Legal Description: Lot Three (3), Block One (1), Turgeon Estates Parcel Number: 24.60.01.030

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

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

Explain? Property is located in the growth corridor.

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

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

Explain? Applicant has met the criteria based upon the submitted application.

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

Explain? Residential.

Is the site in harmony with existing and proposed access to the property? YES (X) NO ( ) N/A ( )

Explain? Public road, Noble Drive.

Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X) NO ( ) N/A ( )

Explain? No change.

Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?

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

Explain? As per the submitted application.

Does the water test meet the Minnesota Department of Health drinking water standards? YES (X) NO ( ) N/A ( )

Explain? The water test results are part of the submitted application.

Has the applicant identified the maximum number of occupants? YES (X) NO ( ) N/A ( )

Explain? The application states a maximum of six (6) people.

Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X) NO ( ) N/A ( )

Explain? The septic system has a valid Certificate of Compliance and is sized for a 3-bedroom dwelling.

Has the applicant established quiet hours? YES (X) NO ( ) N/A ( )

Explain? The established quiet hours are from 10:00 p.m. to 7:00 a.m.

Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X) NO ( ) N/A ( )

Explain? See submitted application.

Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X) NO ( ) N/A ( )

Explain? See submitted application.

Has the applicant identified a local person and their contact information? YES (X) NO ( ) N/A ( )

Explain? See submitted application.

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

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

Explain? No signage has been requested.

Is fencing and/or screening needed to buffer the project proposal from adjacent properties?

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

Explain? No need for fencing and/or screening.

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
The maximum occupancy is limited to six (6) individuals.
The established quiet hours are from 10:00 pm to 7:00 am.
A valid Certificate of Compliance for the septic system is required.
No on-street parking is allowed.
If applicable, the applicant must meet the Minnesota Department of Health requirements.

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

August 27, 2024 _____________________________________

Date Cody Hasbargen

Chair, County Board

County Surveyor Update

County Surveyor Chad Conner gave an update on the remonumentation project and ADA requirements associated with making survey records available on the county website.

Public Works

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to add Solid Waste Regional Planning to the agenda.

Solid Waste Semi Truck Purchase Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of a semi-truck for the solid waste department up to $50,000.00.

Solid Waste Regional Planning Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to join the Northwest Region Solid Waste regional planning agreement.

Update

County Engineer Anthony Pirkl gave a brief update on various highway projects.

Town Road Vacation Petition

The board reviewed a petition application from Marty Mollberg for a town road vacation. It was noted that there was more information that would be needed for the application to be accepted. No action was taken at this time.

Recess

A brief recess took place at 10:10 a.m. and reconvened at 10:15 a.m.

Baudette Community Foundation-Fireworks Committee

Fireworks Funds Request

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to donate $5,000.00 out of Con-Con Funds to the Baudette Community Foundation for the fireworks fund.

Closed Session

Resolution

The following Resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the following:

Resolution Closing Board Meeting

Resolution No. 2024-08-05

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County, has received a copy of a Summons and Complaint dated January 3, 2024 signed by Plaintiffs William E. Fischer and Cathy Fischer, requesting, inter alia, that the court quiet title and declare that a disputed roadway be considered private property. Lake of the Woods County is named as one of the Defendants in the action; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the lawsuit; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the pending lawsuit where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy regarding the pending Quiet Title Action signed by Plaintiffs William E. Fischer and Cathy Fisher.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting at 10:35 a.m.

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for the Sheriff on September 10, 2024 following the regular board meeting.

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the meeting at 10:40 a.m.

Attest: September 10, 2024

______________________________ _________________________________Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

August 27, 2024

AGENDA

Tuesday, August 27, 2024

TIME TAB

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

Approval of Agenda

Approve Minutes of August 6, 2024

9:05 a.m. #2 Social Services

Claims
Permission to Advertise, Interview, Hire

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

Claims
Joint Powers Agreement
Vets Grant Approval

9:20 a.m. #4 Airport Zoning Board Resolution

9:30 a.m. #5 County TV

Update

9:40 a.m. #6 Land & Water

IUP 24-04IU

9:55 a.m. #7 County Surveyor

Update

10:15 a.m. #8 Public Works

Updates
Solid Waste Semi Truck Purchase

10:25 a.m. #9 Fair Board

Updates

10:35 a.m. #10 Fireworks Committee

10:50 a.m. #11 Audit Exit Review

11:10 a.m. #12 Adjourn

11:15 a.m. #13 Work Session

Budget Meeting

Old/New Business

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
Land Trade
Township Road Inventory
Law Enforcement Center
Unused Wells
County Life Flight/Ambulance

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August 6, 2024

COMMISSIONER PROCEEDINGS

August 6, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 6, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following additions: Closed Sessions, Final Payment of SAP, and Affidavit of Lost Warrant.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of July 23, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $9,566.00; Commissioners Warrants $1,939.39; Commissioners Warrants $14,762.12.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $86,538.33; Road & Bridge $56,144.03; County Development $200.00; Joint Ditch $3,465.00; Solid Waste $10,743.84.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/06/2024 For Payment 8/09/20

Vendor Name Amount

Arrowhead Library System 33,118.00

Computer Integration Technologies, Inc 3,500.00

Extreme Duty Ironworks 3,040.00

HDR Engineering Inc 3,465.00

Knife River Corporation 49,210.00

Law Offices Of Patrick D. Moren 9,065.73

Liberty Tire Recycling, LLC 5,018.00

LOW Soil & Water Cons. Dist. 29,118.50

ZOLL Medical Corporation GPO 2,076.00

45 Payments less than 2000 19,479.97

Final Total: 157,091.20

Further moved to authorize the payment of the following auditor warrants: July 24, 2024 for $2,327,905.10; July 31,2024 for $10,978.79.

Joint Powers Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Joint Powers Agreement contract number 253367 between the State of Minnesota and the Counties and Municipalities for election services.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the affidavit of lost warrant number 40967 in the amount of $868.17.

Public Works

Final Payment SAP 039-594-002

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-594-002 for Davidson Ready-Mix & Construction, Inc. of Newfolden, MN in the total amount of $1,393,566.85 and hereby authorize final payment of $75,639.59.

Recess

A brief recess took place at 9:25 a.m. and reconvened at 10:00 a.m.

Public Hearing-Proposed Interim Cannabis Ordinance Moratorium

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting and open the public hearing at 10:00 a.m.

Proposed Interim Cannabis Ordinance Moratorium

County Attorney Michelle Moren discussed the reason for the public hearing regarding an interim cannabis ordinance moratorium and asked for comments from the public.

Eric Nerland, Brittney Peterson, and Kyle Gruis from Lake of the Woods Cannabis Co. discussed the social equity application process and licensing for a cannabis business. They informed the board that they have applied for a social equity application and would like to be considered when they review applications.

Motion

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

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the interim cannabis ordinance moratorium.

Closed Session-Attorney Client Privilege

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-08-01

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County, has received a copy of a Summons and Complaint dated January 3, 2024 signed by Plaintiffs William E. Fischer and Cathy Fischer, requesting, inter alia, that the court quiet title and declare that a disputed roadway be considered private property. Lake of the Woods County is named as one of the Defendants in the action; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the lawsuit; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the pending lawsuit where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy regarding the pending Quiet Title Action signed by Plaintiffs William E. Fischer and Cathy Fisher, and received by the County from another named defendant.

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 6^th day of August, 2024.

Motion

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

Closed Session-Attorney Client Privilege

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-08-02

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County entered into a Settlement Agreement (“Agreement”) in the Matter of Hibbing Taconite Mine and Stockpile Progression and Williams Creek Project Specific Wetland Mitigation, which Agreement was dated October 6, 2015 (OAH Docket No. 11-2004-31655); and

WHEREAS, the Agreement resolved issues prior to litigation; and

WHEREAS, parties to the Agreement, are seeking to modify certain terms and conditions of the Agreement; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the modification of the agreement; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the requested modifications, where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Office of Administrative Hearings matter as set forth in the recital above and any settlement proposals regarding the modifications to the Agreement requested by Cliffs, which may be made by or responded to by the Lake of the Woods County Board.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting.

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the meeting at 11:15 a.m.

Attest: August 27, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

August 6, 2024

Tuesday, August 6, 2024

TIME TAB

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

Approval of Agenda

Approve Minutes of July 23, 2024

9:05 a.m. #2 Social Services

Claims

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

Claims
Joint Powers Agreement

9:20 a.m. #4 Public Works

Updates

10:00 a.m. #5 Public Hearing

10:30 a.m. #6 Adjourn

Old/New Business

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
Land Trade
Township Road Inventory
Law Enforcement Center
Unused Wells
County Life Flight/Ambulance

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July 23, 2024

COMMISSIONER PROCEEDINGS

July 23, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, July 23, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of July 9, 2024.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $96,008.28; Road & Bridge $334,057.34; County Development $4,135.00; Joint Ditch $1,840.00; Solid Waste $17,184.35; EDA $1,574.58.

WARRANTS FOR PUBLICATION

Warrants Approved On 7/23/2024 For Payment 7/26/2024

Vendor Name Amount

ARRO of the North, LLC 8,400.00

Clay County Sheriff 2,444.68

Co-Op Services, Inc. 14,281.31

Counties Providing Technology 4,327.00

E & A Services LLC 7,920.00

Election Systems & Software, Inc 2,543.60

Government Management Group, Inc 3,750.00

Houston Engineering Inc 3,838.00

I-29 Trailer Sales, Inc. 46,500.00

Integris LLC 2,161.00

Johnson Auto & Machine 2,438.76

Knife River Corporation 208,487.70

KRIS Engineering Inc 4,657.33

Larkin Hoffman Attorneys 11,475.00

LOW Highway Dept 7,028.75

Nw Angle Edgeriders 3,160.00

Off The Hook Welding & Fabrication LLC 2,175.56

Pictometry International,Corp. 38,020.00

Pomp’s Tire-Thief River Falls 6,903.04

Rainy Lake Oil, Inc 4,224.35

SeaChange Print Innovations 5,769.21

Strata Corp, Inc 15,298.18

Titan Machinery – Roseau 7,600.13

U.S. Bank Equipment Finance 6,268.50

Walker Pipe & Supply 6,730.00

46 Payments less than 2000 28,397.45

Final Total: 454,799.55

Further moved to authorize the payment of the following auditor warrants: July 10, 2024 for $55,887.26; July 17, 2024 for $20,516.40; July 17, 2024 for $853,724.78.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $7,185.84; Commissioners Warrants $2,192.66; Commissioners Warrants $2,553.60.

Auditor/Treasurer

Gambling Permit-Fraternal Order of Police Lodge #8

Resolution

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

RESOLUTION APPROVING

LAWFUL GAMBLING ACTIVITY APPLICATION

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 24-07-02

WHEREAS; the Fraternal Order of Police NW MN #8 has submitted a Minnesota Lawful Gambling LG220 Application for Exempt Permit Gambling to be conducted at the following establishment, which is located in Lake of the Woods County: Sportsman’s Lodge 2/24/2025

Sportsman’s Lodge 3244 Bur Oak Rd NW Baudette, MN 56623

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

Set Budget Meeting Dates

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to set the budget meeting dates for August 20^th 2024 at 8:30 a.m., August 21^st, 2024 at 12:00p.m., and August 27^th, 2024 following the regular board meeting.

Approval of Tri-Min Agreement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the amended Tri-Min contract.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various highway projects.

Human Resources

Permission to Advertise, Interview, & Hire-Part-time Deputy

Human Resources Director Savanna Slick informed the board that Part-time Deputy Jon Foss has resigned and requested permission to advertise, interview, & hire a part-time deputy.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to advertise, and interview for a part-time deputy at Grade 15, Step 1, $28.27 per hour at 323 points.

Fireworks Committee

Tessa Strohl and Todd Barnes gave an overview of the fireworks committee budget and requested funds to help support the fireworks event. No action was taken at this time.

Correspondence

The board reviewed correspondence from CHI Lakewood Health.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to adjourn the meeting at 9:30 a.m. with a work session to follow.

Attest: August 6, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

July 23, 2024

AGENDA

Tuesday, July 23, 2024

TIME TAB

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

Approval of Agenda

Approve Minutes of July 9, 2024

9:05 a.m. #2 Social Services

Claims

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

Claims
Gambling Permit Approval-Fraternal Order of Police Lodge #8
Set Budget Meeting Dates
Approval of Ratification and TriMin Agreement

9:20 a.m. #4 Public Works

Updates

9:25 a.m. 5 Human Resources

Permission to Advertise, Interview, & Hire Part-time Deputy

9:30 a.m. #5 Fireworks Committee

9:45 a.m. #6 Adjourn

9:50 a.m. #7 Work Session

Correspondence: Lakewood Health

Old/New Business

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
Land Trade
Township Road Inventory
Law Enforcement Center
Unused Wells
County Life Flight/Ambulance

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July 9, 2024

COMMISSIONER PROCEEDINGS

July 9, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, July 9, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Closed Session-Cliffs Agreement.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of June 17, 2024 Board of Equalization.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of June 18, 2024.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of June 25, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $16,280.29; Commissioners Warrants $3,649.12; Commissioners Warrants $18,379.21.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $97,114.63; Road & Bridge $42,161.46; Hwy $754.62; County Development $200.00; Solid Waste $26,818.54.

WARRANTS FOR PUBLICATION

Warrants Approved On 7/09/2024 For Payment 7/12/2024

Vendor Name Amount

Auto Value Baudette 3,110.16

Farmers Union Oil company 2,117.59

HDR Engineering Inc 17,960.00

Howard’s Oil Company 3,462.99

KC TECH LLC 2,925.00

Law Offices Of Patrick D. Moren 8,744.13

Mar-Kit Landfill 14,247.00

Msop-Mn Sex Offender Prgrm-462 2,921.90

Powerplan 4,736.13

R & Q Trucking, Inc 6,264.00

Shannon’s Inc 64,282.44

Ziegler, Inc 13,353.20

39 Payments less than 2000 22,924.71

Final Total: 167,049.25

Further moved to authorize the payment of the following auditor warrants: June 26, 2024 for $1,642.25; June 26, 2024 for $8,476.14; July 3, 2024 for $978,006.30.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the application of lost warrant number 101080.

Request for Funds-Edgeriders

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the reimbursement to Northwest Angle Edgeriders for payment to Edward Freiermuth Construction for gravel and labor surrounding the Northern Most Point Buoy at the Northwest Angle in the amount of $3,160.00 to be paid for out of Con-Con funds.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various highway projects.

Set Work Session

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for PLLS Restoration on July 23, 2024 following the regular board meeting.

Land & Water

Land & Water Director Josh Stromlund presented the following Conditional Use Permit and Interim Use Permit for approval.

Consideration of Conditional Use Permit #24-02CU by Jeremy and Connie Grindeland

Lot Four (4), Block One (1), Sandy Shores, Section Twenty-one (21), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)-Parcel ID#16.55.01.040. 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 of Lake of the Woods for the purpose of repair/replacement of a boat ramp and repair/replacement of existing rock rip rap.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-02CU by Jeremy and Connie Grindeland to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of a boat ramp and repair/replacement of existing rock rip rap with the following conditions:

Follow the MNDNR Guidelines for Shoreline Alterations: Riprap. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.
Follow the MNDNR Guidelines for Water Access: Installing a Boat Ramp. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Jeremy and Connie Grindeland Date: July 9, 2024

Location/Legal Description: Lot Four (4), Block One (1), Sandy Shores Subdivision

Project Proposal: 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 of Lake of the Woods for the purpose of repair/replacement of a boat ramp and repair/replacement of existing rock rip rap.

Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( ) Why or why not? Shoreline stabilization to prevent water pollution, sedimentation, and nutrient loading.
Is the project proposal consistent with maintaining the public health, safety, and welfare?

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

Why or why not? Excess nutrients can lead to water impairments and toxic algae blooms.

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? This is the purpose of the project.

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

Why or why not? There are no adverse effects to the site’s existing topography, drainage features, and vegetative cover.

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? The purpose of the project is to conduct maintenance to an existing rock rip rap project and repair a private boat ramp, both of which are located in the floodplain of Lake of the Woods.

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? The purpose of the project is to repair the current erosion.

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

Why or why not? The property is located off Sandy Shores Dr. NW.

Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( ) Why or why not? Many, if not all, of the properties associated with the Sandy Shores Subdivision have rock rip rap on the shoreline and many have private boat ramps.
Does the project proposal have a reasonable need to be in a shoreland location? YES (X) NO ( ) N/A ( ) Why or why not? Shoreline of L.O.W.

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? Not applicable to the request.

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

Why or why not? The rock rip rap and boat ramp will be visible as viewed from public waters; however, there will be no intensive vegetation removal.

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

Why or why not? While not applicable to the request, the site is adequate for water supply and on-site sewage treatment systems.

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

Why or why not? Lake of the Woods has approximately 300,000 acres in Minnesota.

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? Not applicable to the request.

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

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

Why or why not? Not applicable to the request.

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? No signage associated with this project.

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? The project will not generate additional traffic.

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

Follow the MNDNR Guidelines for Shoreline Alterations: Riprap. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.

Follow the MNDNR Guidelines for Water Access: Installing a Boat Ramp. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.

Consideration of Interim Use Permit #24-03IU by Steve and Amy Olson

The West Half (1/2) of the Northeast Quarter (1/4) of Section Seven (7), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)-Parcel ID#16.07.12.000. Applicant is requesting an Interim Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential Development Zoning District (R2).

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-03IU by Steve and Amy Olson to operate a short-term vacation rental in a Rural Residential Development Zoning District (R2) with the following conditions:

The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
The septic system is sized for the maximum occupancy identified in the application.
The maximum occupancy is limited to the identified number in the application.
The established quiet hours are as identified in the application.
A valid Certified of Compliance for the septic system is required.
No on street parking is allowed.
If applicable, applicant must meet the Minnesota Department of Health requirements.

Lake of the Woods County Board of Commissioners

Short-Term Vacation Rental Findings of Fact and Decision

Name of Applicant: Steve and Amy Olson Date: July 9, 2024

Location/Legal Description: The West Half (1/2) of the Northeast Quarter (1/4) of Section Seven (7), Township One-hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper).

Parcel Number: 16.07.12.000 Application Number: 24-03IU

Project Proposal: Applicant is requesting an Interim Use Permit, as required by Section 401.C of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Rural Residential Zoning District (R2).

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

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

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

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

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

Explain? The public health, safety, and welfare is maintained by having a compliant septic system, a

drinking supply that meets water quality standards.

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

Explain? Adjacent land uses consist of a mixture of Rural Residential (R2) and Residential (R1).

Is the site in harmony with existing and proposed access to the property? YES (X) NO ( ) N/A ( )

Explain? The property is adjacent to County Road 52 (68^th Street NW).

Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X) NO ( ) N/A ( )

Explain? Adequate onsite parking is available.

Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?

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

Explain? An adequate map was provided with the application.

Does the water test meet the Minnesota Department of Health drinking water standards? YES (X) NO ( ) N/A ( )

Explain? The water test was included with the application.

Has the applicant identified the maximum number of occupants? YES (X) NO ( ) N/A ( )

Explain? The application identifies the maximum number of occupants as six (6) people.

Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X) NO ( ) N/A ( )

Explain? The septic system is sized for 450 gallons/day (3 bedroom/6 people) and the Certificate of Compliance was issued on June 23, 2020.

Has the applicant established quiet hours? YES (X) NO ( ) N/A ( )

Explain? The established quiet hours, as per the application, are from 10:00 p.m. to 7:00 a.m.

Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X) NO ( ) N/A ( )

Explain? A floor plan is included with the application.

Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X) NO ( ) N/A ( )

Explain? See application.

Has the applicant identified a local person and their contact information? YES (X) NO ( ) N/A ( )

Explain? The application identifies a local contact person and their contact information.

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)

Explain? Applicant indicates no signage will be requested.

Is fencing and/or screening needed to buffer the project proposal from adjacent properties?

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

Explain? Not needed as screening from adjacent properties exist.

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.

The maximum occupancy is limited to six (6) individuals as per the submitted application.

The established quiet hours are from 10:00 p.m. to 7:00 a.m. as per the submitted application.

A valid Certificate of Compliance for the existing septic system is to be maintained.

Parking along County Road 52 (68^th Street NW) is prohibited.

If applicable, the applicant must meet the Minnesota Department of Health requirements.

Water Level Discussion

Karl Jansen, Elizabeth Jamieson, and William Kettle from the Lake of the Woods Control board, and Resource Conservationist Mike Hirst gave an update on conditions and forecasts for Lake of the Woods water levels.

Interim Ordinance-Cannabis Discussion

The board had a brief discussion about the interim ordinance regarding cannabis. County Attorney Michelle Moren and Land & Water Director Josh Stromlund gave an update on law changes.

Set Public Hearing

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to set a public hearing for consideration of the adoption of the Interim Ordinance Moratorium on August 6,2024 at 10:00 a.m.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-07-01