Lake of The Woods County Board of Commissioners Proceedings

COMMISSIONER PROCEEDINGS
June 27, 2023

PURSUANT TO MN. STATUTE 331A.01, SUBD. 10

THE PUBLISHED MATERIAL IS ONLY A SUMMARY AND THE FULL TEXT IS AVAILABLE FOR PUBLIC INSPECTION

AT THE LAKE OF THE WOODS COUNTY AUDITOR/TREASURERS’ OFFICE

OR BY STANDARD MAIL OR ELECTRONIC MAIL OR LAKE OF THE WOODS COUNTY

WEBSITE -www.lake-of-the-woods.mn.us

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, June 27, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER 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, Cody Hasbargen and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. Absent was Commissioner Buck Nordlof.

APPROVAL OF AGENDA Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: Approval of Board of Equalization Minutes, and Private Property Owners Request: Rocky Point Speed Limit Sign.

APPROVAL OF MINUTES Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 6, 2023.

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 13, 2023.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official Board of Equalization minutes of June 12, 2023 and June 13, 2023.

SOCIAL SERVICES Claims Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $7,938.82; Commissioners Warrants $4,404.98; Commissioners Warrants $14,827.51.

Auditor/Treasurer Claims Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County with Commissioner Joe Grund abstaining as follows: Revenue $74,286.39; Road & Bridge $148,953.92; County Development $1,100.00; Solid Waste $68,402.84; EDA $1,215.05.

WARRANTS FOR PUBLICATION

Warrants Approved On 6/27/2023 For Payment 6/30/2023

Vendor Name Amount

ByteSpeed, LLC 3,433.00

Cenex Co-Op Services, Inc. 11,433.27

Counties Providing Technology 4,204.00

Extreme Duty Ironworks 2,876.50

Farmers Union Oil Co. 2,402.95

Farmers Union Oil company 2,709.93

Lady Lakers Volleyball Association 2,250.00

Larkin Hoffman Attorneys 33,100.00

Mar-Kit Landfill 15,974.50

Marco Technologies LLC 2,880.00

Midway Ford Company 33,591.80

Mn Counties Computer Co-Op 2,145.00

North East Technical Service,Inc 7,677.40

Nuss Truck & Equipment 2,573.23

R & Q Trucking, Inc 2,444.00

Schneider Geospatial, LLC 2,226.00

Strata Corp, Inc 42,820.04

T-C Lighting 30,307.01

Tillery/Dale 2,643.46

Titan Machinery - Roseau 51,992.00

U.S. Bank Equipment Finance 6,268.50

57 Payments less than 2000 28,005.61

Final Total: 293,958.20

Further moved to authorize the payment of the following auditor warrants: June 7, 2023 for $31,274.74; June 8, 2023 for $2,225.47; June 14, 2023 for $54,382.31; June 21, 2023 for $14,460.84.

Donation from The Family of Roger Birkeland The Lake of the Woods County board thanks the Roger Birkeland family for their generous donation to veteran transportation services.

Resolution
DONATION TO LAKE OF THE WOODS COUNTY

Pursuant MN Stat. § 465.03
Resolution No. 23-06-01

The following resolution was offered by Commissioner Joe Grund and moved for adoption: WHEREAS, Lake of the Woods County Commissioners pursuant MN Stat. § 465.03 (gifts to counties) hereby accepts a donation from the family of Roger Birkeland for Veterans Transportation in the amount of $735.00. NOW THEREFORE, BE IT RESOLVED, that in accordance with the terms set forth by the family of Roger Birkeland, the donors, the funds will be used to support veterans travel and transportation services. The resolution was seconded by Commissioner Jon Waibel and the same being put to a vote, was unanimously carried.

Land Lease Discussion Brian Powers informed the board that there is a discrepancy over the property lines for the approximately 13 acres of tillable land he will be leasing from Lake of the Woods County. County Surveyor Chad Conner informed the board of the costs involved to have the land surveyed for property lines.

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously with Commissioner Ed Arnesen abstaining to survey the leased land of approximately 13 acres to find property lines.

Liquor License Application- Ships Wheel Resort Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the liquor license application for Ships Wheel Resort.

Liquor License Application- Flag Island Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the liquor license application for Flag Island.

Human Resources Human Resources Director Savanna Slick informed the board that Environmental Specialist Megan Thompson had resigned.

Permission to Advertise, Interview, & Hire Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request to advertise, interview, & hire an Environmental Specialist at Grade 10, Step 1, $21.16 per hour, points 245.

CHI Lakewood Health Center- Jeffry Stampohar CHI Lakewood Health Center President Jeffry Stampohar gave an update on various topics that included: Guardian Flight, Ambulance Services, and division changes.

Solid Waste Abatement Discussion County Assessor Alisa Jacobsen and County Auditor/Treasurer Lorene Hanson discussed with the board a recent request for a solid waste abate up to 5 years for parcel numbers 16.06.22.010 and 16.06.22.110. The policy for assessment abatements is for the current year and prior two years. The board reviewed the request and information presented.

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the abatement request according to policy for only the current year and prior two years for parcel numbers 16.06.22.010 and 16.06.22.110.

Public Works Approval of Purchase Agreement for Johnson Property Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase agreement between Richard J. & Victoria A. Johnson and Lake of the Woods County in the amount of $75,000 for the purchase of the Johnson property and for County Chair Ed Arnesen, Auditor/Treasurer Lorene Hanson, and County Attorney James Austad to sign the same.

Updates County Engineer Anthony Pirkl gave an update on various highway department projects and FEMA funding.

Private Property Owners- Rocky Point Speed Limit Sign Commissioner Ed Arnesen discussed with the board a request he received from private property owners to have a speed limit sign that displays your speed as you approach placed on the road near rocky point. No action was taken at this time.

Borderland Treatment Court Memorandum of Understand

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Memorandum of Understanding between the State of Minnesota Ninth Judicial District, Borderland Treatment LKW Court, and Lake of the Woods County and for Chair Ed Arnesen to sign the same.

Public Hearing-Large Event Ordinance Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting and open the public hearing Large Event Ordinance meeting at 10:10 a.m.

Large Event Ordinance Emergency Management Director Jill Hasbargen-Olson discussed the Large Event Ordinance with the board that would require an application for permits at events that would attract 500 or more people.

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to close the public hearing and open the regular meeting

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Large Event Ordinance as it was presented.

Recess A brief recess took place at 10:15 a.m. and reconvened at 10:20 a.m.

Opioid Discussion Kay Schell, Doris Knutson, Sandy Peterson, and County Attorney James Austad gave an update to the board regarding opioid funds and the plan for the committee moving forward.

Land & Water Consideration of Conditional Use Permit Application #23-06 by Shane Meyer

A 4.25-acre tract of land in the NE1/4NE1/4 in Section Thirty-four (34), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel #19.34.11.010. 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 short-term vacation rental in a Rural Residential (R2) Zoning District.

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact CUP #23-06 by Shane Meyer to operate a short-term vacation rental in a Rural Residential (R2) Zoning District with the following conditions:

1. The Conditional Use Permit terminates upon sale or transfer of the property.

2. The maximum occupancy is limited to twelve (12) people.

3. The septic system in to be sized for 75 gallons per day based upon the maximum occupancy of 12 people.

4. The quiet hours as indicated in the application from 11:00 pm to 7:00 am apply.

5. Emergency contact numbers are to be posted in prominent locations within the dwelling.

6. A single 2’x 3’ non-illuminated sign may be placed near 28th Street NW.

7. If applicable, the applicant must follow Minnesota Department of Health guidelines.

Consideration of Conditional Use Permit Application #23-07 by Michael Hangsleben

Lots 11 and 12, Block 1, Schmidt-Waag Subdivision, Government Lot Two (2), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)- Parcel ID# 16.53.01.110. 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) yards of material within the shore impact zone of the Lake of the Woods for the purpose of constructing of an access to Lake of the Woods.

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact CUP #23-07 by Michael Hangsleben to move more than ten (10) yards of material within the shore impact zone of the Lake of the Woods for the purpose of construction of an access to Lake of the Woods with the following conditions:

1. Follow DNR guidelines for boat ramp.

2. Must be ten (10) feet from lot line.

3. Maintain erosion control measures during and after construction.

Consideration of Amendments to the Lake of the Woods County Zoning Ordinance Land & Water Director Josh Stromlund informed the board of changes to the zoning ordinance that would pertain to short-term rentals and resorts and asked the board to adopt these changes.

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to adopt the amendments to the zoning ordinance.

Consideration of Amendments to the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance Land & Water Director Josh Stromlund informed the board of minor changes to the SSTS ordinance that would correct the order of and simplify the information to have similar categories in the same section. Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to adopt the amendments to the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance.

Peatlands Discussion Resource Conservationist Mike Hirst and Land & Water Director Josh Stromlund discussed priority subwatersheds for hydrologic restoration and the DNR pilot project restoration plan for the rapid river. There would be updates with the board seeking project approval before moving forward.

Recess With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 12:03 p.m.

Attest: July 11, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen