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:

1. 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.
2. 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.

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  ) Why or why not?  Shoreline stabilization to prevent water pollution, sedimentation, and nutrient loading.
2. 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.

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?  This is the purpose of the project.

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?  There are no adverse effects to the site’s existing topography, drainage features, and vegetative cover.

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

Why or why not?  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.

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

Why or why not?  The purpose of the project is to repair the current erosion.

7. 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.

8. 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.
9. Does the project proposal have a reasonable need to be in a shoreland location? YES (X)  NO (  )  N/A (  ) Why or why not?  Shoreline of L.O.W.

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?  Not applicable to the request.

11. 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.

12. 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.

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

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

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?  Not applicable to the request. 

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

YES (  )  NO (  )  N/A (X)

Why or why not?  Not applicable to the request.

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?  No signage associated with this project.

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 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:

1. 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.

2. 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: 

1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
2. The septic system is sized for the maximum occupancy identified in the application.
3. The maximum occupancy is limited to the identified number in the application.
4. The established quiet hours are as identified in the application.
5. A valid Certified of Compliance for the septic system is required.
6. No on street parking is allowed.
7. 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).

1. 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:

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

2. 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.

3. 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).

4. 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).

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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: 

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

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

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

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

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

6. 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

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:

1. 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

2. 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 Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 11:05 a.m.

Attest: July 25, 2024

______________________________ _________________________________Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen