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COUNTY BOARD

June 8, 2021

Commissioner Proceedings

June 8, 2021

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

Amended Motion 

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

OATH OF OFFICE – BOARD OF EQUALIZATION

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Contech Engineered Solutions LLC 76,711.12

Counties Providing Technology 4,335.00

Cps Technology Solutions 43,972.00

Davidson Ready Mix & Construction Inc 9,000.00

Dead on Arms,Inc 5,489.20

Extreme Duty Ironworks 4,828.14

Howard’s Oil Company 2,342.71

I-29 Trailer Sales, Inc. 84,710.00

Interstate Billing Service Inc 6,728.81

LOW Highway Dept 19,084.75

Mar-Kit Landfill 11,536.00

Marco Technologies LLC 20,333.42

Pb Distributing Inc 3,124.00

WIDSETH 8,450.00

Woody’s Service 2,155.04

61 Payments less than 2000                                            23,280.00

                                            Final Total: 326,080.19

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

Roth Option

Motion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Motion

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

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

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

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

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

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

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

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

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

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

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

Why or why not?  Vegetative cover will be restored.

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

Why or why not?  Boat launch/landing.  

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

YES (X)  NO (  )  N/A (  )

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

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

Why or why not? ______________________________________________________

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

Why or why not?  Remain residential.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Boat launch/boat landing.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Not needed.

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

Why or why not?  Not needed.

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

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

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

          June 8, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

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

Motion

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

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

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

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

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

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

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

Why or why not?  Resort area rentals.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Will meet MDH codes.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Access to MN 172.

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

Why or why not?  Rural residential.

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

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Septic system.

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

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

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

      June 8, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

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

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

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

Attest: June 22, 2021

_________________________________ _________________________________

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