Lake of the Woods County Board Commissioners Meeting Proceedings

October 28, 2024

COMMISSIONER PROCEEDINGS

October 8, 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
website -www.lake-of-the-woods.mn.us

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 8, 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 Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Abatement Approval, Assessor Re-appointment, Certified Wetland Determination, Gambling Permit, and Closed Session.

APPROVAL OF MINUTES Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of September 24, 2024 with changes.

SOCIAL SERVICES Claims Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $10,313.07; Commissioners Warrants $3,259.50; Commissioners Warrants $43,340.49.

Residential Treatment Screening Contract Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Residential Treatment Screening contract between Lake of the Woods County and Beyond Breaking Barriers, LLC. and for Chair Cody Hasbargen and Social Services Director Amy Ballard to sign the same.

Children’s Mental Health Contract Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Children’s Mental Health contract between the State of Minnesota Human Services, Behavioral Health Administration and Lake of the Woods County.

Auditor/Treasurer Claims Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $55,526.49; Road & Bridge $905,677.57; County Development $200.00; Natl Resc Enhanc $881.00; Joint Ditch $2,830.00; Solid Waste $28,773.66.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/08/2024 For Payment 10/11/2024

Vendor Name Amount

Howard's Oil Company 4,779.56

Integris LLC 6,835.06

KC TECH LLC 2,925.00

Lake Superior College 4,075.00

Lavalla Sand & Gravel Inc 856,500.00

Law Offices Of Patrick D. Moren 9,065.73

LOW Highway Dept 5,291.65

Mar-Kit Landfill 14,043.50

Pomp's Tire-Thief River Falls 6,415.28

Powerplan 9,336.65

Quadient Finance USA Inc. 2,000.00

R & Q Trucking, Inc 5,568.00

SeaChange Print Innovations 7,174.27

Sir Lines-A-Lot, LLC 18,480.72

Summit Fire Protection 2,175.00

Wikstrom Telephone Co.,Inc 6,570.90

47 Payments less than 2000 32,652.40

Final Total: 993,888.72

Further moved to authorize the payment of the following auditor warrants: September 25, 2024 for $11,226.49; October 2, 2024 for $61,296.60; October 3, 2025 for $258,597.41.

Revenue & Expense Guidelines

County Auditor-Treasurer Lorene Hanson gave the board a copy of the January-September 2024 Revenue and Expense guidelines for their review.

Gambling Permit-Youth Hockey Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the gambling permit application from Lake of the Woods Youth Hockey.

Assessors Local Option Disaster Abatement and Credit Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the application for local option disaster abatement of payable 2024 taxes and a credit for payable 2025 taxes for parcel number 31.07.11.010.

Re-appointment of County Assessor Resolution

The following Resolution was offered by Commissioner Ed Arnesen and moved for adoption:

A RESOLUTION APPOINTMENT OF COUNTY ASSESSOR

Resolution No. 2024-10-01

WHEREAS, the County Assessor position is appointed and/or reappointed every four (4) years pursuant MN Statute 273.061, Subd 2; BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners does hereby approve the appointment of Alisa Jacobsen for the term of January 01, 2025 through December 31, 2028;

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners recommends that the Commissioner of the Minnesota Department of Revenue (DOR) confirm this reappointment. The resolution was seconded by Commissioner Jon Waibel, and the same being put to a vote, was unanimously carried.

Human Resources Permission to Hire Office Support Specialist Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to hire Office Support Specialist Val Canfield at Grade 9, Step 1, $20.64 per hour at 222 points effective October 21, 2024.

Flu Shot Approval Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve public health to administer flu shots in the Government Center Courtroom on October 8, 2024 from 12:30p.m.-2:30p.m.

Emergency Management LEAST Services Contract Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the LEAST services contract between Lake of the Woods County and LEAST Services/Counseling LLC for the year 2025 and to be paid for out of the social services fund.

Land & Water Consideration of Interim Use Permit #24-05-IU by Brian Erickson

Lot five (5) Boyd Addition, Sections One (1) and Six (6), Township One hundred Sixty-one (161) North, Range Thirty-two (32) and Thirty-one (31) West, respectively- Parcel ID#23.54.00.000. Applicant is requesting an Interim Use Permit as required by Section 1106 of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1). The Rainy River is an Agricultural River Segment.

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-05IU by Brian Erickson to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:

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

2.) The maximum occupancy is limited to four (4) individuals.

3.) The established quiet hours are from 10:00 p.m. to 8:00 a.m.

4.) A valid Certificate of Compliance for the septic system is required.

5.) No on-street parking is allowed.

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

7.) Local contact person and emergency numbers must be posted in the dwelling.

Consideration of Conditional Use Permit #24-04CU by Lyle and Pauline Longtin

That part of Government Lot Three (3), Section Five (5), Township One hundred Sixty-three (163) North, Range Thirty-four (34) West- Parcel ID#14.05.31.040. 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 existing rock rip rap. Lake of the Woods is a General Development Lake.

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 #24-04CU by Lyle and Pauline Longtin to move more than ten (10) cubic yards of material withing the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap with the following conditions.

1.) Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.

2.) If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

Consideration of Conditional Use Permit #24-05CU by Rocky Point Cabin, LLC

That part of Government lot Three (3), Section Five (5), Township one hundred and Sixty-three (163) North, Range Thirty-four (34) West- Parcel ID#14.05.31.030. 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. Lake of the Woods is a General Development Lake.

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 #24-05CU by Rocky Point Cabin, LLC 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 with the following conditions:

1.) Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.

2.) If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

Consideration of Conditional Use Permit #24-07CU By Wolverton Creek Outfitters, LLC

A tract in Government Lot 5, Section Thirty-four (34), Township One hundred Sixty-eight (168) North, Range Thirty-three (33) West-Parcel ID#03.34.32.015. 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 constructing a rock rip rap project. Lake of the Woods is a General Development Lake.

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-07CU by Wolverton Creek Outfitters, LLC to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of constructing a rock rip rap project with the following conditions:

1.) Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.

2.) If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

Public Works Updates

County Engineer Anthony Pirkl gave an update on various projects.

Hooper Creek Road Acceptance Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously with Commissioner Jon Waibel abstaining to accept Hooper Creek Loop within Section 18, T-161 N, R-31 Was Unorganized Township Road No. 217, and acknowledge that said road has been constructed to minimum unorganized township road standards. The road is approximately 3,194 feet in length (0.60 miles) and shall be classified at maintenance level “A”.

Wetland Determination Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the certified wetland determination of three agricultural parcels and for Chair Cody Hasbargen to sign the same.

Closed Session Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-10-02

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

“The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on September 24th, 2024 at 11:30 AM to consider strategy for labor negotiations. The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and BE IT RESOLVED by the Lake of the Woods County Board of Commissioners as follows:

1.) The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.

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

Recess

A brief recess took place at 10:15 a.m. and reconvened at 10:30 a.m. at the site of the public hearing.

Public Hearing-Public Road Easement Vacation Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the public hearing at the site of the public road easement. Present at the meeting: Commissioners: Cody Hasbargen, Joe Grund, Ed Arnesen, Jon Waibel and Buck Nordlof. Also present was: Auditor-Treasurer Lorene Hanson, County Engineer Anthony Pirkl, Marty Mollberg, and Woody Fiala.

Public Road Easement Vacation The board reviewed documentation provided by Marty Mollberg and viewed the public road easement requested for vacation.

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the public hearing and open the regular board meeting.

Resolution to Approve the Public Road Easement Vacation Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and the same being put to a vote was unanimously carried and moved for adoption:

RESOLUTION VACATING A PUBLIC ROAD EASEMENT

WALHALLA TOWNSHIP (UNORGANIZED)

LAKE OF THE WOODS COUNTY

Resolution No. 24-10-03

WHEREAS, the Lake of the Woods County Board, acting as the Town Board of unorganized Walhalla Township, Lake of the Woods County, Minnesota received a petition calling for the vacation of the following described public road easement pursuant to Minn. Stat. § 164.07:

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 WHEREAS, said petition was signed by not less than eight voters of the town who own real estate, or occupy real estate under the homestead or preemption laws or under contract with the state, within three miles of the road; WHEREAS, the road passes over the following described tract of land in Lake of the Woods County, Minnesota, owned by the following named owner: Marty Mollberg, Parcel ID# 29.1044.000; SE1/4 SE1/4, Section 10, Township 160, Range 32

WHEREAS, the County Board conducted a public hearing on the petition on the 8th day of October, 2024, after personal and posted notice provided by the petitioners pursuant to Minn. Stat. § 164.07, subd. 2, and published notice provided by the County Board; WHEREAS, the petitioners presented the Board with affidavits at the hearing as proof that the required notice was given;WHEREAS, the County Board examined the public road easement, heard the interested parties, and considered the matter; WHEREAS, the County Board determined that the petitioned for action is consistent with the public interest; WHEREAS, the County Board has examined the ditches lateral to the road and determined that said ditches are essential for surface drainage of adjacent lands or highways in support of the general health and welfare of the public; WHEREAS, the Owner listed in Appendix A has released in writing all claims for damages from such vacation; NOW, THEREFORE, BE IT RESOLVED, that the County Board, acting as the Town Board of unorganized Walhalla Township, Lake of the Woods County, Minnesota hereby vacates a town public road easement legally described as follows:

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 BE IT FURTHER RESOLVED, that the Board does hereby preserve all rights and interests in the ditches lateral to the road as provided in Minn. Stat. § 164.07, subd. 3a and retains the rights to access the adjacent properties as needed to maintain said ditches;

BE IT FURTHER RESOLVED, that the Board Chair and Auditor/Treasurer are hereby authorized and directed to execute and record a town road order vacating said town public road easement and to record the same with the County Recorder of Lake of the Woods County; BE IT FINALLY RESOLVED, that the Auditor/Treasurer is authorized and directed to provide a copy of this resolution to each of the affected owners listed above.

Adjourn Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at the site of the public hearing at 10:40 a.m.

Attest: October 22, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen