Commissioner Proceedings

May 12, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 12 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, Emergency Management Director Jill Hasbargen-Olson, and County Attorney James Austad.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen 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 and summarized minutes of April 28, 2020 with changes.

Motion was made by Commissioner Buck Nordlof and Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of May 5, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $11,260.77, Commissioners Warrant’s $1,300.65, Commissioners Warrant’s $2,966.91.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $63,959.68; Road & Bridge $243,973.13; County Development $1,828.50; Solid Waste $3,297.73; EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/12/2020 For Payment 5/15/2020

Vendor Name Amount

American Solutions For Business 3,557.79

Bert’s Truck Equipment Of Moorhead, Inc 25,005.98

Counties Providing Technology 3,926.00

I-State Truck Center 62,539.00

Klein McCarthy & Co, Ltd, Architects 9,833.73

McCoy Construction & Forestry Inc 147,000.00

Mn Counties Computer Co-Op 35,314.33

Voyageurs Communications, Inc 2,307.50

Widseth Smith Nolting&Asst Inc 6,777.31

42 Payments less than 2000                                      16,841.96

             Final Total: 313,103.60

Further moved to authorize the payment of the following auditor warrants: April 29, 2020 for $63,084.52; May 6, 2020 for $173,481.38; May 7, 2020 for $186,076.86.

Reappoint Veteran Service Officer

The Commissioners requested to have an update from the Veteran Service Officer at the next regular board meeting.

Snowmobile/Trail Application:

The snowmobile and trail applications were reviewed and will be submitted by May 15, 2020.

Review Revenue and Expenditure Guidelines:

The Commissioners received the revenue and expenditure guidelines to review.

WELLNESS COMMITTEE

Angie Eason, representing the Wellness Committee, requested funding for memorials to be placed on county grounds for fellow employees, who passed away while employed at the County.  The Commissioners suggested employee fundraising to help cover the cost of the memorials.

LAND AND WATER PLANNING

Consideration of Conditional Use Permit

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for J&L Hennum, Inc. Applicant is requesting a Conditional Use Permit as required by Section 401-D of the Lake of the Woods County Zoning Ordinance, to operate a commercial planned unit development consisting of recreational vehicle camping park located in a Commercial Recreation Zoning District.  No comments were heard from the public.  Stromlund reviewed the Findings of Fact of the Planning Commission and informed the board that this application was approved by them with the flowing conditions: 1) Fence to be located off of property line an adequate distance to allow for maintenance activities, 2) Must meet density requirements, 3)Approved for year-round use, 4) Must meet MDH requirements and obtain approval, 5) All permanent and temporary structures must meet the required fifty (50) foot Right-of-Way setback.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact for J&L Hennum, Inc. to operate a commercial planned unit development consisting of recreational vehicle camping park located in a Commercial Recreation Zoning District with conditions:

1. Fence to be located off of property line an adequate distance to allow for maintenance activities.
2. Must meet density requirements.
3. Approved for year-round use.
4. Must meet MDH requirements and obtain approval.
5. All permanent and temporary structures must meet the required fifty (50) foot Right-of-Way setback.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  __J&L Hennum Inc_________________________ Date:  _May 12, 2020_____

Location/Legal Description: The Vacated Plat of Jesme’s Addition to Riverview Section Twenty-four (24), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#: 19.51.00.010; 19.51.00.070; 19.51.00.180

Project Proposal:   A Conditional Use Permit, as required by Section 401-D of the Lake of the Woods County Zoning Ordinance operate Commercial Planned Unit Development in a Commercial-Recreation 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?  In a commercial zoning district and within the Highway 172 Growth Corridor indicating this use is located in a Commercial Activity Center.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Public sewer and private water and based upon density calculation.

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?  Stormwater to be addressed on-site.

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?  Larger trees to remain and will not 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?  Not located in floodplain and/or floodway.

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?  Area to be developed is level.

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

Why or why not?  Access will be off of county road and other roads will be one way.

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

Why or why not?  Commercial/recreational area and located with the Highway 172 Growth Corridor indicating this use is located in a Commercial Activity Center.

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

YES (  )  NO (  )  N/A (X)

Why or why not?  Project area is not located within the shoreland area of the Rainy River.

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?  This project falls within the Wheeler’s Point Sanitary District and mandatory hook-up is required.

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? Will not be visible from public waters.

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

Why or why not?  Public water supply to meet requirements of the Minnesota Department of Health and sewer system is part of the Wheeler’s Point Sanitary District.

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?  Lake of the Woods is over 300,000 acres on the Minnesota portion.

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 (X)  NO (  )  N/A (  )

Why or why not?  An eight (8) foot high fence is to be constructed.

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 (X)  NO (  )  N/A (  )

Why or why not?  One lighted 4’x4’ sign is identified in the site plan.

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 (X)  NO (  )  N/A (  )

Why or why not?  Parking will be within the campsites and one-way traffic within the campground is identified.

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. Fence to be located off of property line an adequate distance to allow for maintenance activities
2. Must meet density requirements
3. Approved for year-round use
4. Must meet MDH requirements and obtain approval
5. All permanent and temporary structures must meet the required fifty (50) foot Right-of-Way setback

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

_______________ _____________________________________

Date Jon Waibel

        Chair, County Board

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

Consideration of Preliminary Plat

Land and Water Planning Director, Josh Stromlund, met with the board and presented a Consideration of Preliminary Plat of Hooper Creek:  A parcel of land located in Government Lots (One) 1, (Five) 5, and (Six) 6 all within Section Eighteen (18), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West. Applicant is requesting to create sixteen (16) tracts for a residential development.  No comments were heard from the public.

Recess – Commissioner Ed Arnesen requested to recess at 9:33 a.m., meeting resumed at 9:40 a.m. with Commissioner Ed Arnesen as acting Chair and Commissioner Jon Waibel was absent from the meeting.

Motion 

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried as follows, For: Buck Nordlof, Joe Grund, Ed Arnesen; Abstain: Cody Hasbargen; Absent: Jon Waibel, to approve the Consideration of Preliminary Plat of Hooper Creek:  A parcel of land located in Government Lots (One) 1, (Five) 5, and (Six) 6 all within Section Eighteen (18), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West. Applicant is requesting to create sixteen (16) tracts for a residential development.

Attendance: Chair Jon Waibel rejoined the meeting.

COUNTY HIGHWAY/LANDFILL

Highway Update

County Engineer, AJ Pirkl, provided the Highway Update.  Quotes came back for calcium chloride, EnviroTech was the low bidder. The Highway Department did reach out to the public to see if anyone was interested in private application of calcium chloride as well.  The CSAH 31 project will be starting late June.  The Highway Department is planning gravel road maintenance for the North West Angle in early June.  County road restrictions should be lifted by early next week, depending on the weather.

Summer Equipment Demo: Pirkl provided information on the GradeAll Excavator, to rent one with a 35-foot reach would cost $20,000 a month.  The department may have an opportunity to demo a GradeAll Excavator this summer. The department will rent a mini-excavator to assist with ditch cleaning this summer, at a cost of about $4,000 to $6,000.  

Landfill Update

The Rotochopper will be delivered this week, a week-long training will take place on this new equipment.

Motion 

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the Ditch Authority Meeting at 10:04 a.m.

Ditch Authority

County Engineer, AJ Pirkl, requested approval to get quotes for cleaning JD 26. The department is looking at cleaning 2,000 to 3,000 feet of JD 26 this year, at a cost of $5 to $6 a foot the total cost will be $15,000 to $18,000.  

The Commissioners would like to set a Ditch Authority meeting date in early June.  Pirkl will create a map of what needs cleaning, what is assessed and what is not. The meeting date will be on June 8^th at 6 p.m. in the Commissioners’ Room.  

It was the consensus of the Ditch Authority to approve getting quotes to clean JD 26.

Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to close the Ditch Authority meeting and open the regular meeting at 10:09 a.m.

Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve getting quotes to clean JD 26 at up to $24,000.

COVID-19 UPDATE

Update

Jill Hasbargen Olson, Emergency Management, provided an update.  There are still no confirmed cases in Lake of the Woods County, but Koochiching County has reported two new cases.  The COVID-19 quick tests should be available at CHI LakeWood Health at the end of this week or by early next week.  The National Guard will be flying over Wednesday, May 13^th to honor health care workers.  Hasbargen Olson requested that FEMA training certificates be turned in to her.

County Policy (reopening)

A preparedness plan policy for the County was presented.  The policy allows for updates by departments.

Motion 

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Lake of the Woods County COVID-19 Preparedness Plan Policy.

Other

• A decision or update on border crossing should be made on May 20.  
• There has been no new information from the Department of Corrections. 

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 10:30 a.m.

Attest: May 26, 2020

______________________________ _________________________________

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