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COUNTY BOARD

June 9th, 2020

Commissioner Proceedings

June 9, 2020

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

RECORDER

Oath for Board of Equalization

County Recorder, Susan Ney, provided the oath and swore in all six members of the Board of Equalization for the upcoming Board of Appeal and Equalization meeting to be held on Monday, June 15, 2020 at 6:00 p.m. at Lake of the Woods County Government Center in the Commissioners’ Room. 

Document Recording Process

Motion

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

SHERIFF

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

A RESOLUTION AUTHORIZING THE ANNUAL:

BOAT & WATER SAFETY GRANT

Resolution No. 2020-06-01

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

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

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

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

LAKE OF THE WOODS COUNTY FAIR BOARD

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

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $24,752.82; Road & Bridge $25,881.11; County Development $2,400; Solid Waste $21,610.66; EDA $44.56.

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Cenex Co-Op Services, Inc. 3,604.47

Compass Minerals America 2,509.85

Deputy Registrar No.75 4,127.04

Freeberg & Grund, Inc 2,751.25

Hometown Hardware 2,573.74

LOW Highway Dept 3,687.50

Mar-Kit Landfill 13,409.00

NetCenter Technologies 5,641.25

Pete’s Body Shop Dba 4,339.36

Strata Corp, Inc 2,230.28

Widseth Smith Nolting&Asst Inc 2,324.02

52 Payments less than 2000 27,491.39

Final Total: 74,689.15

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

Rainy River Resort Liquor License

Motion

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

COUNTY HIGHWAY/LANDFILL

Highway Update

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

1st Avenue Project Approval

Motion

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

Spray Attachment for Tractor

Motion

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

CSAH 31 Construction Update

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

Soil Boring Approval

Motion

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

Landfill Update

No update at this time.

U.S. CENSUS REPRESENTATIVE 

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

CLEMENTSON WAYSIDE PARK

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

Motion

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

Motion

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

ARMSTRONGLOW, LLC aka WIGWAM RESORT DECK/STRUCTURES 

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

LAKE ACCESS

Zippel Bay Jetty

Motion

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

LAND AND WATER PLANNING

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

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

Motion:

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

Project Proposal:  Operate a small engine repair and maintenance shop in a Rural-Residential (R-2) District.

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

Why or why not? _Further business________________________________________

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

YES (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________

  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? __County Rd #6_________________________________________

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

Why or why not? ___Agricultural_________________________________________

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

YES (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? _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 ( x )  NO (  )  N/A (  )

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

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

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

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

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

The specific conditions of approval are as follows:  Conditional Use Permit terminates upon sale or transfer of the property.

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

      June 9, 2020 _____________________________________

Date Jon Waibel

        Chair, County Board

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

RECESS

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

MIS

Extend Contract: Eagleview

Motion

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


Permission to Hire

Motion

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

County Website

Motion

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

NWA/SANDY SHORES CONCERNS

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

SPRAYING CONCERN

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

COVID-19

Update

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

RECESS

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

Attest: June 23, 2020

______________________________ _________________________________

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