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COUNTY BOARD

October 11, 2022

October 11,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 11, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: Final Pay Authorization for SAP 039-649-005, Permission to Advertise/Interview/Hire Technician for Highway, Jail Update and Health Insurance. 

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the minutes from September 27, 2022.

Social Services

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $13,589.68; Commissioners Warrants $2,145.17; Commissioners Warrants $13,595.76.

Sanford TRF for Adult Mental Health Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the renewal of the Sanford Thief River Falls for Adults Mental Health Contract and for Social Services Director Amy Ballard and Chair Buck Nordlof to sign the same.

Joining the Meeting

Commissioner Joe Grund joined the meeting at 9:15a.m.

Auditor/Treasurer

Claims

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $72,599.66; Road & Bridge $80,858.50; Social Services $41.49; County Development $200.00; Joint Ditch $2,058.75; Solid Waste $45,335.48.

 WARRANTS FOR PUBLICATION

Warrants Approved On 10/11/2022 For Payment 10/14/2022

Vendor Name Amount

Baudette/City Of 6,000.00

Cdw Government, Inc 3,447.56

Cenex Co-Op Services, Inc. 4,399.99

Clark Equipment Co Dba Bobcat 4,407.10

Contech Engineered Solutions LLC 20,475.80

Counties Providing Technology 4,086.00

Erickson Timber Products 9,360.00

Greenview Landscaping, Inc 5,200.00

Howard’s Oil Company 11,553.85

Liberty Tire Recycling, LLC 8,747.72

LOW Highway Dept 5,725.50

Mar-Kit Landfill 14,885.00

Pennington County Sheriff Office 7,244.59

Rainy Lake Oil, Inc 2,436.15

Roseau County Sheriff Office 13,357.98

SeaChange Print Innovations 3,388.83

Sjoberg’s Inc 2,668.00

Titan Energy Systems, Inc 3,001.50

TNVC 3,880.53

Traffic Marking Service, Inc. 24,020.04

University Of Mn 9,618.63

53 Payments less than 2000 33,189.11

Final Total: 201,093.88

Further moved to authorize the payment of the following auditor warrants: September 28, 2022 for $296,977.96; October 4, 2022 for $557,617.61; October 6, 2022 for $544,250.36. 

Set Meeting Date-DNR

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to set a meeting date with the DNR for December 12, 2022 at 9:00 a.m.

Operational Enhancement Grant

Resolution

The following Resolution was offered by Commissioner Jon Waibel seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following:

RESOLUTION OF LAKE OF THE WOODS COUNTY

Operational Enhancement Grant Program

Resolution No 22-10-01

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program. The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Statutes 197.608 and Minnesota Laws 2021, 1st Special Session, Chapter 12, Article 1, Section 37, Subdivision 2.  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County.  

WHEREUPON; the above resolution was adopted at the Lake of the Woods County Board of Commissioners Board meeting this 11th day of October, 2022.

Health Insurance Rates

The board was informed of a possible increase of five percent to the health benefits premium. It was the consensus of the board to add this to the next agenda for discussion.

Human Resources

Salary Increase

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following department head salary increases: Recorder Sue Ney Grade 19, Step 9, at $39.05 per hour effective next pay period, Auditor/Treasurer Lorene Hanson Grade 23, Step 8, at $47.81 per hour effective next pay period, Commissioner Salary Adjustment increase from $500.00 to $1000.00 effective 2023.

Permission to Advertise, Interview, & Hire E911 Corrections Officer

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the permission to advertise, interview, & hire request for an E911 Corrections Officer at Grade 10, step 1, 237 points at $20.59 per hour. 

Permission to Advertise, Interview, & Hire Technician I, II , or Senior Level

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the permission to advertise, interview, & hire request for a Technician I, II, or Senior level at Grades 10, 12, or 13 depending on experience. 

Permission to Hire Solid Waste Processor

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to hire Greg Gagne for the solid waste processor position at Grade 11, step 1, 265 points at $21.68 per hour effective October 10, 2022. 

Public Health Flu Shots

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve public health to administer flu shots to county employees on October 25, 2022 at the Lake of the Woods County Government Center.

Land & Water

Consideration of Conditional Use Permit #22-11CU by Milo Ravndalen

The SE¼SE¼ of Section Twenty (20); the NE¼NE¼ of Section Twenty-nine (29); the NW¼NW¼ of Section Twenty-eight (28); the SW¼SW¼ of Section Twenty-one (21) all within Township One hundred Sixty-two (162) North, Range Thirty-four (34) West – Parcel ID#’s 17.20.41.000; 17.29.11.000; 17.28.22.000; 17.21.33.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow extractive and commercial use of the property consisting of aggregate mining, washing, and bituminous material, in a Rural Residential Zoning District (R2).

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve Conditional Use Permit #22-11CU/Findings of Fact by Milo Ravndalen to allow extractive and commercial use of the property consisting of aggregate mining, washing, and bituminous material, in a Rural Residential Zoning District (R2) with the following conditions:

  1. Must maintain dust control
  2. Hours limited to daylight hours.
  3. Must follow proper blasting procedures including notification of residents.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Milo Ravndalen Date:  October 11, 2022

Location/Legal Description:  The SE¼SE¼ Section 20, NE¼NE¼ of Section 29, NW¼NW ¼ of Section 28, and the SW¼SW¼ of Section 21, all within Township 162N, Range 34W (Chilgren)

Project Proposal:  Applicant is requesting to allow extractive and commercial use of the property consisting of aggregate mining, washing, crushing, and bituminous material, 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 (  )

Why or why not? Aggregate development.

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 (X)  N/A (  )

Why or why not? It will affect topography through mining.

  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 Road 56.

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

Why or why not? Existing adjacent pit.

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 (X)  N/A (  )

Why or why not? Will be required if installed.

  1. 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? Natural vegetation.

  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? Via County Road 56.

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. Must maintain dust control.
  2. Hours of operation are limited to daylight hours.
  3. Must follow proper blasting procedures including notification of residents.

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

October 11, 2022 _____________________________________

Date James Nordlof

Chair, County Board

Consideration of Conditional Use Permit #22-12CU by Brandon and Alycia Fish

Lot 8, Block 1 of Lukes Estates in Section Twenty-four (24), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID # 19.58.01.080. 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.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve Conditional Use Permit #22-12CU/Findings of Fact by Brandon and Alycia Fish to operate a short-term transient rental in a Residential Development (R1) Zoning District with the following conditions:

  1. Parking on site only, no parking on Burr Oak Road
  2. The Conditional Use Permit terminates upon sale or transfer of property
  3. Hours of operation are as listed on application.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Brandon and Alycia Fish Date:  October 11, 2022

Location/Legal Description:  Lot 8, Block 1, Lukes Estates in Section 24, T. 162N, R. 32W

Project Proposal:  Applicant is requesting to allow the operation of a short-term transient rental in a Residential Development Zoning District (R1).

  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? Housing in 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? Meets county’s new application/requirements.

3. 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? _______________________________________________________________________

4. 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? _______________________________________________________________________

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? _______________________________________________________________________

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? _______________________________________________________________________

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

Why or why not? Access on Burr Oak Road.

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

Why or why not?  Residential and commercial area.

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? On sanitary sewer district.

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? _______________________________________________________________________

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

Why or why not? Sewer district and private well.

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? _______________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________________________

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? _______________________________________________________________________

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 on site only.

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. Parking on site only, no parking on Burr Oak Road.
  2. The Conditional Use Permit terminates upon sale or transfer of property.
  3. Hours of operation are as listed on application.

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

October 11, 2022 _____________________________________

Date James Nordlof

Chair, County Board

Public Works

County Engineer Anthony Pirkl gave the board an update on various projects including Highway, Northwest Angle, Solid Waste, and discussion around a contract with Ford Motor Company for new Pick-up Trucks. 

Final Payment Authorization for SAP 039-649-005

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to accept the Public Works Director’s Certificate of Performance of SAP 039-649-005 for Lake of the Woods County (Force Account) in the total amount of $40,650.00, and hereby authorize final payment to Accurate HD, LTD.

Koochiching County Jail Agreement

Commissioners Cody Hasbargen and Jon Waibel gave a brief update from the recent meeting with Koochiching county about a possible agreement for the use of their jail.

Integrity Benefits

Integrity Benefits representative Bill Dehmer gave a presentation to the board discussing additional benefits that could be available to employees through their company. No action was taken at this time.

Correspondence

Correspondence was acknowledged from Williams Seniors and Friends Against Abuse.

RECESS

With no further business before the Board, Vice- Chair Ed Arnesen called the meeting to recess at 10:45 a.m.

Attest: October 25, 2022

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Vice-Chair Ed Arnesen