Lake of the Woods County Board Commissioners Meeting Proceedings

July 29, 2024

COMMISSIONER PROCEEDINGS

July 9, 2024

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

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, July 9, 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 was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Closed Session-Cliffs Agreement.

APPROVAL OF MINUTES Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of June 17, 2024 Board of Equalization.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of June 18, 2024.

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of June 25, 2024.

SOCIAL SERVICES Claims Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $16,280.29; Commissioners Warrants $3,649.12; Commissioners Warrants $18,379.21.

Auditor/Treasurer Claims Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $97,114.63; Road & Bridge $42,161.46; Hwy $754.62; County Development $200.00; Solid Waste $26,818.54.

WARRANTS FOR PUBLICATION

Warrants Approved On 7/09/2024 For Payment 7/12/2024

Vendor Name Amount

Auto Value Baudette 3,110.16

Farmers Union Oil company 2,117.59

HDR Engineering Inc 17,960.00

Howard's Oil Company 3,462.99

KC TECH LLC 2,925.00

Law Offices Of Patrick D. Moren 8,744.13

Mar-Kit Landfill 14,247.00

Msop-Mn Sex Offender Prgrm-462 2,921.90

Powerplan 4,736.13

R & Q Trucking, Inc 6,264.00

Shannon's Inc 64,282.44

Ziegler, Inc 13,353.20

39 Payments less than 2000 22,924.71

Final Total: 167,049.25

Further moved to authorize the payment of the following auditor warrants: June 26, 2024 for $1,642.25; June 26, 2024 for $8,476.14; July 3, 2024 for $978,006.30.

Affidavit of Lost Warrant Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the application of lost warrant number 101080.

Request for Funds-Edgeriders Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the reimbursement to Northwest Angle Edgeriders for payment to Edward Freiermuth Construction for gravel and labor surrounding the Northern Most Point Buoy at the Northwest Angle in the amount of $3,160.00 to be paid for out of Con-Con funds.

Public Works Updates County Engineer Anthony Pirkl gave an update on various highway projects.

Set Work Session Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for PLLS Restoration on July 23, 2024 following the regular board meeting.

Land & Water

Land & Water Director Josh Stromlund presented the following Conditional Use Permit and Interim Use Permit for approval.

Consideration of Conditional Use Permit #24-02CU by Jeremy and Connie Grindeland

Lot Four (4), Block One (1), Sandy Shores, Section Twenty-one (21), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)-Parcel ID#16.55.01.040. 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 a boat ramp and repair/replacement of existing rock rip rap.

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 #24-02CU by Jeremy and Connie Grindeland 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 a boat ramp and repair/replacement of existing rock rip rap with the following conditions:

1.) Follow the MNDNR Guidelines for Shoreline Alterations: Riprap. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.

2.) Follow the MNDNR Guidelines for Water Access: Installing a Boat Ramp. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.

Consideration of Interim Use Permit #24-03IU by Steve and Amy Olson

The West Half (1/2) of the Northeast Quarter (1/4) of Section Seven (7), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)-Parcel ID#16.07.12.000. Applicant is requesting an Interim 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 Development Zoning District (R2).

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-03IU by Steve and Amy Olson to operate a short-term vacation rental in a Rural Residential Development Zoning District (R2) with the following conditions:

1.) The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.

2.) The septic system is sized for the maximum occupancy identified in the application.

3.) The maximum occupancy is limited to the identified number in the application.

4.) The established quiet hours are as identified in the application.

5.) A valid Certified of Compliance for the septic system is required.

6.) No on street parking is allowed.

7.) If applicable, applicant must meet the Minnesota Department of Health requirements.

Water Level Discussion Karl Jansen, Elizabeth Jamieson, and William Kettle from the Lake of the Woods Control board, and Resource Conservationist Mike Hirst gave an update on conditions and forecasts for Lake of the Woods water levels.

Interim Ordinance-Cannabis Discussion The board had a brief discussion about the interim ordinance regarding cannabis. County Attorney Michelle Moren and Land & Water Director Josh Stromlund gave an update on law changes.

Set Public Hearing Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to set a public hearing for consideration of the adoption of the Interim Ordinance Moratorium on August 6,2024 at 10:00 a.m.

Closed Session Resolution

The following Resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following:

Resolution Closing Board Meeting

Resolution No. 2024-07-01

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County entered into a Settlement Agreement (“Agreement”) in the Matter of Hibbing Taconite Mine and Stockpile Progression and Williams Creek Project Specific Wetland Mitigation, which Agreement was dated October 6, 2015 (OAH Docket No. 11-2004-31655); and

WHEREAS, the Agreement resolved issues prior to litigation; and

WHEREAS, parties to the Agreement, are seeking to modify certain terms and conditions of the Agreement; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the modification of the agreement; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the requested modifications, where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Office of Administrative Hearings matter as set forth in the recital above and any settlement proposals regarding the modifications to the Agreement requested by Cliffs, which may be made by or responded to by the Lake of the Woods County Board.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting.

Adjourn Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 11:05 a.m.

Attest: July 25, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen