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COUNTY BOARD

May 11, 2021

Commissioner Proceedings

May 11, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 11, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following additions: Sheriff/ MN DNR Federal Boating Grant and Lake of the Woods Trap Team Donation.

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

AUDITOR/TREASURER

Claims

Motion

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

American Solutions For Business 3,360.85

CARRIFF Engineered Fabrics Corporation 2,316.87

Cenex Co-Op Services, Inc. 5,755.97

Counties Providing Technology 3,985.00

LOW County Auditor-Treasurer 19,287.04

LOW Highway Dept 4,922.50

Mar-Kit Landfill 13,007.50

Mesabi Bituminous, Inc. 2,144.85

Roseau County Sheriff 4,665.65

Short Elliott Hendrickson, Inc 2,511.07

Sjoberg’s Inc 2,668.00

Swanston Equipment Corp 51,348.98

WIDSETH 3,646.00

Woody’s Service 2,680.57

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

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

Revenue/Expenditure/Investment Review

The County Commissioners were provided with information to review.

Cigarette/Tobacco License – ICEHOLE Tavern

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

County Owned Land Sale, Date and Terms of Sale

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LAND AND WATER PLANNING

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

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-07CU by Tillman Infrastructure, LLC, on behalf of Richard and Teresa Humeniuk: The SE¼SW¼, Section Twelve (12), Township One Hundred Sixty (160) North, Range Thirty (30) West, Parcel ID#- 31.12.31.080. Applicant is requesting a Conditional Use Permit as required by Section 401-C of the Lake of the Woods County Zoning Ordinance, to operate a commercial communications tower in a Rural Residential District (R2).

Motion

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

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

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

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

Date: May 11, 2021

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

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

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

Why or why not?  Communication and safety network.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Will increase safety.

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

Why or why not? ______________________________________________________

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

Why or why not?  Will not change.

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Adjacent to a County Road.

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

Why or why not?  Rural Residential.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows: 

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

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

May 11, 2021_ _____________________________________

Date Joseph Grund, Chair County Board

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

Consideration of Conditional Use Permit #21-08CU by T & A Rentals, LLC

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

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

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

Why or why not?  Located in one of the Commercial Activity Centers identified within Growth Corridor.

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

      YES (X)  NO (  )  N/A (  )

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

  YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Adjacent to Pickeral Trail.

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

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

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

  YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  The property is within the Wheeler’s Point Sanitary District.

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not?  Parking in front of unit.

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

The specific conditions of approval are as follows:

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

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

______May 11, 2021_ _____________________________________

Date Joseph Grund

        Chair, County Board

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

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

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

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

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

Attest: May 25, 2021

_________________________________ _________________________________

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