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COUNTY BOARD

September 8, 2020

Commissioner Proceedings

September 8, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 8, 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 and Ed Arnesen. Absent was Commissioner Cody Hasbargen. Also present was: County Auditor/Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following changes: addition of a closed session for personnel, reschedule the economic tax abatement work session for September 9, 2020 during the 2021 Budget Work Session and move up the time of the Road Tour/Rotochopper Demonstration.

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 August 25, 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 $3,262.43, Commissioners Warrant’s $18,157.32, Commissioners Warrant’s $9,461.16.

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 $29,507.43; Road & Bridge $218,017.63; County Development $11,825.50; Solid Waste $20,027.25, EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/08/2020 For Payment 9/11/2020

Vendor Name Amount

Freeberg & Grund, Inc 2,235.00

KGM Contractors Inc 18,492.00

Mar-Kit Landfill 15,837.75

Plutko Plumbing & Heating 8,132.65

Powerplan 5,402.41

Titan Machinery – Roseau 17,400.00

Tritech Software Systems 2,299.50

True North Equipment Co 154,750.00

Widseth Smith Nolting&Asst Inc 21,741.15

Woody’s Service 4,888.17

   53 Payments less than 2000     28,243.74

Final Total:   279,422.37

Further moved to authorize the payment of the following auditor warrants: August 26, 2020 for $53,203.84 and September 2, 2020 for $46,383.48.

Vehicle for the Baudette International Airport

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the transfer of a county owned vehicle, a 2011 Chevrolet Caprice, to the Baudette International Airport.

Letter to Sanford

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve a letter to be sent to Sanford regarding the termination of the lease for space in Government Center North effective January 1, 2021.

LEGISLATORS

Senator Paul Utke and Representative Matt Grossell provided an update to the Board.

HUMAN RESOURCES

Permission to Hire: Full-time Permanent Custodian

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve changing the previous request for permission to advertise, interview and hire for a Temporary COVID-19 Cleaning Specialist, to permission to advertise, interview and hire for a Full-time Permanent Custodian II.

Social Services Income Maintenance/ CS Supervisor

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve a grade increase from grade 13, step 9 to grade 15, step 9 for Financial Assistance Supervisor Angie Eason effective the next full pay period.

Law Enforcement Compensation Requests

It was the consensus of the Board to continue this discussion during the closed personnel session.

SHERIFF

Stonegarden Contracts

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the 2018 Operation Stonegarden Grant Agreement for $120,000, the 2019 Operation Stonegarden Grant Agreement for $128,000 and for Commissioner Jon Waibel to sign the same.  

LAND AND WATER PLANNING

Consideration of Zone Change #20-01ZC by S & J Real Estate, LLC
Land and Water Planning Director, Josh Stromlund met with the board and presented a Consideration of Zone Change #20-01ZC by S & J Real Estate, LLC:  Lot 1, Block 1, Lukes Estates in Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.58.01.010. Applicant is requesting a Zone Change from Section 303 of the Lake of the Woods County Zoning Ordinance to change the current zoning from Residential District (R-1) to a Commercial-Recreation District. One letter of correspondence was received from the public.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact for S & J Real Estate, LLC. to change the current zoning from Residential District (R-1) to a Commercial-Recreation District, without conditions: 

Lake of the Woods County Rezoning Findings of Fact and Decision
Name of Applicant:S & J Real Estate, LLCDate:September 2, 2020
Location/Legal Description:Lot 1, Block 1, Lukes Estates of Section 24, Township 162N, Range 32W (Wheeler Township)
Current Zoning Classification:Residential Development (R1)Proposed:Commercial-Recreation
Parcel Number(s):19.58.01.010Application Number:20-01ZC

The Planning Commission shall consider all facts from all sources prior to submitting a recommendation to the County Board relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_x__ Yes___No

CommentsComments
Comments:Resort area, previously commercial, also within the growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

_x__ Yes___No

CommentsComments
Comments:No change from past years, previously residential
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes_x__ No

CommentsComments
Comments:No change
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes_x__ No

CommentsComments
Comments:None/no change
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___ Yes_x__No

CommentsComments
Comments:No change/none
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes_x__ No

CommentsComments
Comments:No change
  1. Has there been a change in the development in the general area of the property in questions?

___ Yes_x__No

CommentsComments
Comments:Same use

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes_x__ No

CommentsComments
Comments:Should improve values – replaced old trailer house with new rental cabin
CommentsComments
Conditions: None

The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners adopt the above findings and DENY / APPROVE the application for a zone change be WITH / WITHOUT conditions.

_____________________________________     September 2, 2020

Tom Mio Date

Chair, Planning Commission

The Lake of the Woods County Board of Commissioners hereby adopt the above findings of fact of the Lake of the Woods Planning Commission WITH / WITHOUT modification(s) and DENY / APPROVE the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ September 8, 2020

Jon Waibel Date

Chair, County Board of Commissioners


Consideration of Conditional Use Permit #20-06CU by Richard Schram

Land and Water Planning Director, Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #20-06CU by Richard Schram: A tract in Government Lot 2, Section Seven (7), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#19.65.00.080. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to allow the applicant to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repairing shoreline damage. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact for Richard Schram to allow the applicant to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repairing shoreline damage, as presented:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Richard and Lynn Schram____                      Date:  September 8, 2020

Location/Legal Description:  A tract in Gov. Lot 2, Section 7, Township 162 North, Range 32 West – Parcel ID #19.65.00.080.

Project Proposal:  Place more than 10 cubic yards of material in the shore impact zone of Lake of the Woods for the purpose of rip-rap. Lake of the Woods is a General Development Lake.

  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 protection____________________________________

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 ( x ) NO (  )  N/A (  )

Why or why not? ___Shoreline protection___________________________________

  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_____________________________________________

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

Why or why not? ___Shoreline____________________________________________

  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 ( x )  NO (  )  N/A (  )

Why or why not? ___Reason for project_____________________________________

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

Why or why not? ______________________________________________________

  1. 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? __Reason for project_______________________________________

  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:  ____________________________________________

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

September 8, 2020                                

    Date                                                 Jon Waibel

                          Chair, County Board

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

COUNTY HIGHWAY/LANDFILL

Highway Update

County Engineer, AJ Pirkl, provided a highway project update.

Landfill Update

County Engineer, AJ Pirkl, provided a landfill update.  A response was received from the MPCA and a meeting regarding permits has been set for September 24, 2020.

CLOSED SESSION

Motion

Motion was made by Commissioner Ed Arnesen to close the regular meeting at 11:00 a.m. pursuant to MN Stat. § 13D.05, subd 2 Personnel and open the closed session. The motion was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried. 

The following members were present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, and Ed Arnesen. Others in attendance were: County Attorney Jim Austad, County Sheriff Gary Fish, County Human Resources Director Savanna Slick and County Auditor/Treasurer Lorene Hanson. 

Motion

Motion was made by Commissioner Buck Nordlof to close the closed session and open the regular meeting at 11:45 a.m. The motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried. 

AGENDA ADDITION

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve adding to the agenda under Human Resources: Advertise, Interview and Hire: E-911 Dispatcher/Corrections Officer.

HUMAN RESOURCES

Advertise, Interview and Hire: E-911 Dispatcher/Corrections Officer

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Sheriff’s department to advertise, interview and hire a full-time, nightshift, E-911 Dispatcher/Corrections Officer at points 237, grade 10, step 1, $19.24 per hour.

Law Enforcement Compensation Requests

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve a $500 per month stipend for employees, Sandy Peterson and Tami Maurer.  The stipend will be retroactive to March 2020 through September 2020 and be reviewed monthly thereafter. 

AUDITOR/TREASURER

Letter of Intent to Department of Revenue

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve sending a letter of intent to the Department of Revenue.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 12:00 p.m. and the Board continued on with the road tour to the landfill for a Rotochopper demonstration.

Attest: September 22, 2020

______________________________ _________________________________

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