COMMISSIONER PROCEEDINGS

September 10, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 10, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Wildlife Management Area Discussion, Truck Repairs.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $9,367.19; Commissioners Warrants $2,894.87; Commissioners Warrants $22,241.95.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $97,033.83; Road & Bridge $53,188.23.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/10/2024 For Payment 9/13/2024

Vendor Name Amount

Baudette Community Foundation 5,000.00

Clay County Sheriff 2,503.40

Farmers Union Oil company 2,095.98

Gamache/Micheal D             44,300.00

Hoffman, Philipp & Martell, PLLC 8,720.00

Larkin Hoffman Attorneys             14,720.00

Law Offices Of Patrick D. Moren 9,065.73

Mar-Kit Landfill             15,084.50

Northern Light Region               2,328.94

Quadient Finance USA Inc. 3,000.00

R & Q Trucking, Inc               5,669.39

SeaChange Print Innovations 3,479.89

WIDSETH SMITH NOLTING & ASSOC., INC.  5,650.00

54 Payments less than 2000 28,604.23

Final Total:  150,222.06

Further moved to authorize the payment of the following auditor warrants: September 4, 2024 for $21,191.71; September 4, 2024 for $66,818.31; September 5, 2024 for $262,827.40.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of August 27, 2024.

Proposed Levy 2024/2025

Resolution

Resolution Adopting

Proposed 2025 Budget and Tax Levy

Resolution   2024-09-01

The following Resolution was proposed and moved for adoption by Commissioner Jon Waibel:

WHEREAS, the Proposed County Budget for the year 2025 has been reviewed by the Lake of the Woods County Board of Commissioners; and 

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2025:

Revenue Fund $ 2,254,700

Road & Bridge Fund $    520,000

Social Services Fund         $    620,000

Economic Development Authority Fund   $      50,000

2025 Proposed Budget and Tax Levy        $ 3,444,700

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2025:

Twp Road & Bridge   $   526,470*

Twp Fire – Baudette   $     28,750

Twp Fire – Williams   $     20,921

Twp Fire – NW Angle   $       6,500

Total   $   582,641 

2025

* $526,470 for Township Road & Bridge, includes $5,000 Blue Blades and $12,765 Admin of Township Roads (508,705+5,000+12,765=526,470)  

A public meeting to discuss the 2025 Proposed Budget and Tax Levy will be held on Tuesday, December 17, 2024, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 

The motion was seconded by Commissioner Joe Grund, and the same being put to a vote, was unanimously carried. 

Appoint of Election Judge

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon waibel and carried unanimously to approve the following election judge for the 2024 General (November 5, 2024) Election:  Cassie Brune. 

Cigarette License Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the cigarette license application for Hugo’s Lake of the Woods Foods.

Donation Request-Williams Potato days

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the donation request in the amount of $1000.00 for the Williams Potato Day Committee for operational needs to be paid for out of Con-Con Funds.

Sheriff

FY2022 Operation Stonegarden Grant Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the 2022 Operation Stonegarden Grant in the amount of $118,503.00.

Public Works

Updates

County Engineer Anthony Pirkl gave an update about various Highway projects. There was also discussion about a possible amendment to the county highway policy regarding road restrictions. 

Final Payment SAP 039-598-072

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-598-072 for Olson Construction TRF of Thief River Falls, MN in the total amount of $155,095.00 and hereby authorize final payment of $32,963.00.

Final Payment CP 2024-06

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the final payment of CP 2024-06 for Asphalt Preservation Company, Inc. of Detroit Lakes, MN in the total amount of $218,097.00 and hereby authorize final payment of $218,097.00.

Town Road Vacation

Set Public Hearing Date

Resolution

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

Resolution to Create an Order Setting forth initial descriptions and setting public hearing date

Resolution No. 2024-09-02

WHEREAS, the Lake of the Woods County Board of Commissioner, acting as the Town Board for Walhalla Township (unorganized township) in Lake of the Woods County Minnesota was presented a petition and reviewed the same at its regular board meeting on the 10^th day of September, 2024, requesting the vacation of a public easement road.

WHEREAS, the petition contained a description of the road, the names of the owners over which the road passes, and the point of beginning, general course, and termination of the road proposed to be vacated.

WHEREAS, the portion of the public easement roadway to be vacated is described as: The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also,The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line:  Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W. As fully depicted on attached Exhibit A.

WHEREAS, Minnesota Statutes §164.07, subd. 2, requires the Board to make an order describing as nearly as practicable the portion of the road to be vacated, describing the several tracts of land through which the road passes, and fixing a time and place when and where the Town Board will meet and act upon the motion; 

NOW, THEREFORE, IT IS HEREBY ORDERED: 

1.The portion of the road proposed to be vacated is described above. 2.The several tracts of land through which the road passes and their owners will be notified and proof of notification will be returned to the board.3. The Lake of the Woods County Board of Commissioners, acting on behalf of

unorganized Walhalla Township will conduct a Public Hearing on October 8, 2024, at 10:30 a.m. at the site of the town road proposed to be vacated, located in unorganized Walhalla Township, Lake of the Woods County, Minnesota to examine the road. The board will recess from the viewing of the road and reconvene the Public Hearing at the Board of Commissioners Room, Lake of the Woods County Courthouse, Baudette, Minnesota to receive public comment, consider the proposed action, and act on the motion/resolution. 

Human Resources

Part-time E911 Corrections Officer to Permanent Part-time

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to change the Part-time E911 Corrections Officer Harley Poppitz to a Permanent Part-time position at the current grade and step effective next full pay period. 

Land & Water

Truck Repairs

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request for truck repairs on a Land & Water vehicle in the amount of $1,389.00.

Consideration of Conditional Use Permit #24-03CU by Thomas Flaherty 

Lot Six (6), Block One (1), Rivards River Acres, Section Eight (8), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid) – Parcel ID# 31.56.01.060. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for river access. The Rainy River is an Agricultural River segment.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-03CU by Thomas Flaherty to move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for river access with the following conditions:

1. Erosion control methods must be installed and remain in place until the site is fully vegetated.
2. Fabric must be properly installed under the rock.
3. Adequate drainage must remain and not blocked.
4. Applicant is to obtain MNDNR permit, if required.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Thomas Flaherty Date:  September 10, 2024

Location/Legal Description:  Lot Six (6), Block One (1), Rivards River Acres Subdivision

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for the purpose of river access.

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?  Residential water frontage.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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?  Decrease sedimentation.

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?  No change to topography.

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 (  )

Why or why not?  Vegetative cover will be implemented and monitored.

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

Why or why not? ____________________________________________________________________

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

Why or why not? ____________________________________________________________________

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

YES (X)  NO (  )  N/A (  )

Why or why not?  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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

1. Erosion control methods must be installed and remain in place until the site is fully vegetated.
2. Fabric must be properly installed under the rock.
3. Adequate drainage must remain and not be blocked.
4. Applicant is to obtain MNDNR permit to work below the Ordinary High-Water Level of the Rainy River, if required.

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

        September 10, 2024 _____________________________________

Date Cody Hasbargen

        Chair, County Board

Consideration of Conditional Use Permit #24-06CU by Timothy & Kristi Bjerk

Lot Eight (8), Block One (1), Lake Shore Village, Section Six (6), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper) – Parcel ID# 16.59.01.080. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for a rip rap repair project. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-06CU by Timothy & Kristi Bjerk to move  more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for a rip rap repair project with the following conditions:

1. Project approval does not include placement of rock or other work on the jetty without approval or authorization from the Minnesota Department of Natural Resources (DNR).
2. Applicant is to follow the DNR Guidance document titled “Shoreline Alterations: Riprap”.
3. If Applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Timothy & Kristi Bjerk Date:  September 10, 2024

Location/Legal Description:  Lot Eight (8), Block One (1), Lakeshore Village Subdivision

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap.

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? Shoreline repair. 

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

YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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? Eliminate shoreline erosion.

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? No 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? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? 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? Lake of the Woods.

10. 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? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

1. Project approval does not include placement of rock or other work on the jetty without approval or authorization from the Minnesota Department of Natural Resources (DNR).
2. Applicant is to follow DNR Guidance document titled “Shoreline Alterations:  Riprap”.
3. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

September 10, 2024 _____________________________________

Date Cody Hasbargen

Chair, County Board

Wildlife Management Areas-Discussion

Commissioner Joe Grund informed the board of information he received regarding WMA fish and wildlife service lands and the logging affecting timber sales in the area. 

Fair Board

Updates

Members of the Fair Board gave an update on various events throughout the year as well as their plans for the upcoming year. They also discussed difficulties they face when acquiring a carnival that is willing to come up north at a reasonable price. 

Adjourn

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 10:15 a.m. 

Attest: September 24, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen