Lake of the Woods County Board Proceedings (0409)

Commissioner Proceeding

Special County Board Meeting

February 19, 2014

The Lake of the Woods County Board of Commissioners met in special session on Wednesday, February 19, 2014, in the Commissioners’ Room at the Lake of the Woods County Government Center.

Call to Order

Chair Beckel called the meeting to order at 11:00 a.m.  The following members were present:  Commissioners Ed Arnesen, Patty Beckel, Tom Hanson, Ken Moorman and Buck Nordlof.  Also present were: Interim County Attorney Michelle Moren, Para-Legal/Human Resource Assistant Dena Pieper, County Sheriff Gary Fish, County Recorder Sue Ney, Social Services Director Nancy Wendler, Child Support Officer Craig Severs, Public Works Director Tim Erickson, County Auditor/Treasure Mark Hall and Deputy Auditor Janet Rudd.

Interviews:

1st Applicant:

Interim County Attorney Michelle Moren introduced herself to Ms. Isenor. Introductions were made by all of those in attendance.   Michelle proceeded with the interviewing questions. 

Recess

The County Board recessed at 11:48 a.m. and reconvened at 1:10 p.m. as follows:

Interviews:

2nd Applicant:

Interim County Attorney Michelle Moren introduced herself to Mr. Austad Introductions were made by all of those in attendance.   Michelle proceeded with the interviewing questions. 

Job Applicants Review

Chair Beckel discussed the interviews with the Commissioners and Interview Committee. After evaluating the interviews the consensus of the interview team and Commissioners were to offer the County Attorneys position to Mr. James Austad.

Recess

There being no further business before the County Board, Chair Beckel called the meeting to recess at 2:45 p.m.

Attest:                                                                        Approved:  March 11, 2014

Janet Rudd, Deputy Auditor                          Board Chair, Patricia Beckel

Commissioner Proceedings

February 25, 2014

 

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, February 25, 2014, in the ITV room at the Lake of the Woods School.

 

Call to Order

Chair Beckel called the meeting to order at 10:21 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Thomas Hanson, Ed Arnesen and Ken Moorman. Absent, Commissioner Nordlof.  Also present was: Deputy Auditor Janet Rudd.

 

High School Social Studies teacher, Mr.  Don Krause

Mr. Don Krause thanked the Commissioners for meeting at the School so his students could attend and participate in the meeting.

 

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Travel for Stacy Novak, MRCC, County Attorney, and NWA Airport. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  

 

Approval of Consent Agenda

Motion

Motion was made by Commissioner Arnesen to approve the consent agenda as follows: Travel for Stacy Novak to St. Paul on March 5-6 for MCCC meeting in St. Paul. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

 

Approval of Minutes

Motion

Motion was made by Commissioner Hanson to approve the minutes of February 11, 2014, regular meeting with changes. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

 

Klein McCarthy Architects

County Sheriff, Gary Fish, Scott Fetting and Matthew Keenan, from Klein McCarthy Architects met with the board to review the estimate project costs summary for the Lake of the Woods County LEC Expansion and reviewed the Schematic Design of the building.

 

Holen Electric

County Sheriff, Gary Fish met with the board requesting authorization to purchase and to have Holen Electric install a service panel for a security system for the county garage driveway area.

Motion

Motion was made by Commissioner Moorman to authorize County Sheriff to hire Holen Electric to install a service panel for a security system for the county garage driveway area in the amount of $550.00 from the Emergency Management fund. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

 

FAIR GROUNDS

Alyse Walton met with the board requesting funding for a Pavilion/Stage area for the Fair Grounds. Elise explained that they tried for a grant last year and were not a recipient for the funding. The estimate cost of the project would be around $55,000. The board placed this on the next board agenda for further discussion.

 

Auditor/Treasurer

Brink Center Payment

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for payment for toilets at the Brink Center and also the freezer that was purchased and board authorized $3,500 and the bill came in at $3,529.

Motion

Motion was made by Commissioner Hanson to authorize County Auditor/Treasurer to pay the invoice for replacing toilets at the Brink center in the amount of $1,100 and additional $29.00 for the freezer that was purchased and was authorized for up to $3,500 with the funding from the Senior Nutrition account. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

 

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

 

                                          Revenue                              $    21,545.41            

                                                Road & Bridge                    $      4,575.15

                                                Co. Develop                        $      3,106.50

                                                Nat Resc Enhanc                 $      1,050.00

                                                Solid Waste                         $    15,563.26

                                                EDA                                    $      7,663.98

                                                                          53,504.30

                                   

WARRANTS FOR PUBLICATION

Warrants Approved On 2/25/2014 For Payment 2/28/2014

Vendor Name                                                                            Amount

Anchor Marketing, Inc                                                                         2,634.98

Cps Technology Solutions                                                                  2,299.00

LOW Sr Citizens                                                                                 4,629.00

Mar-Kit Landfill                                                                                  12,542.85

Mn Rural Counties Caucus                                                                2,100.00

Northwest Community Action, Inc                                                     2,984.00

Pemberton, Sorlie, Rufer & Kershner, PLL                                        4,766.28

Widseth Smith Nolting&Asst Inc                                                        3,873.17

55 Payments less than 2000   17,675.02

Final Total:  53,504.30

 

 

Further moved to authorize the payment of the following auditor warrants:

                       

February 11, 2104                   (24.86)

February 11, 2014           $106,817.60

February 14, 2014           $ 1 5,729.65

February 20, 2014           $    3,236.04

February 20, 2014           $  51,354.60                      

 

Social Services Director

Social Services Director, Nancy Wendler, met with the County Board requesting approval of claims. Motion

Motion was made by Commissioner Arnesen to approve the following claims against the county:

 

                                                Commissioners’ Warrants          $  8,971.58

                                                Commissioners’ Warrants         $27,767.16

 

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

 

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board to review the Lake of the Woods County Beaver Management Procedures. Jerry Anderson was in attendance with discussion of the current policy. Tim informed the board that the policy has been working well at this time.

Recess

The meeting was called to recess at 12:06 p.m. and reconvened at 12:38 p.m. as follows:

 

County Assessor

County Assessor, Mary Jo Otten met with the board requesting the board to set the Board of Equalization meeting for 2014. Mary Jo explained MN Statues, section 274.14 states that the board must meet after the second Friday in June and must be finished by June 30.

Motion

Motion was made by Commissioner Hanson to set the Board of Equalization Date for June18, 2014 at 6:00 p.m. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

 

LAND AND WATER PLANNING

Conditional Use

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit request from Curt Magnuson to conduct a commercial business consisting of transient short-term rental of an existing structure in a Residential District. Josh reviewed the findings and fact with the board and informed the board that the Planning Commission recommends to the County Board to approve the request as presented. No comments were heard from the floor and a letter of opposition was acknowledged.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Curt Magnuson                                                             Date:  February 25, 2014

Location/Legal Description:  Lot 2 and the South 20’ of Lot 1, Block 1, Wabanica Bay Plat in Section 12,

T. 161N, R. 32W. Parcel # 23.50.01.020

Project Proposal:  To allow the applicant to conduct a commercial business consisting of transient short-term rental of an existing structure in a Residential District.

 

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? No changes, staying as residential.

 

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

YES (X) NO (  ) N/A (  )

Why or why not? No change in use and conditions placed for septic system inspection.

 

3)    Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                                                                                 YES (   ) NO (  )  N/A (X)

Why or why not?  Nothing will change.

 

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? Nothing will change.

 

5)    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? Nothing will change, existing property not located in floodplain.

 

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? Nothing will change.

     

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

Why or why not? Nothing will change with existing roads.

 

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

Why or why not? Nothing will change, remains residential and conditions placed.

 

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

                                                                                                                        YES (  )  NO (  ) N/A (X)

Why or why not? Current location is shoreland.

 

10)    Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal?                                                                                                            YES (X)  NO (  )  N/A (  )

Why or why not? Nothing will change and septic inspection required as a condition.   

 

11)    Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?           YES (X)  NO (  )  N/A (  )

Why or why not? Nothing will change.

 

12)    Is the site adequate for water supply and on-site sewage treatment systems?

                                                                                                                          YES (X) NO (  ) N/A (  )

Why or why not? Nothing will change, newer well, and septic system inspection required as a condition.      

 

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 (X)  NO (  )  N/A (  )

Why or why not? Nothing will change.

 

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? Nothing will change.   

 

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 (X) NO (  ) N/A (  )

Why or why not? Ample parking for vehicles and trailers.

 

The specific conditions of approval are as follows:

 

1)    A rental agreement is to be submitted and kept on file with the Land & Water Planning Office which will address, but not limited to the following:

  1. Dogs and pets kept on leashes or restrained and noise
  2. Trespass issues on neighboring property
  3. ATV and snowmobile traffic
  4. Establishment of quite hours
  5. Local contact person(s) information

 

2)    Maximum occupancy is not to exceed eight (8) individuals.

 

3)    A septic system compliance inspection is to occur when conditions allow and if the system is found to be a failing system or an imminent threat to public health or safety, it shall be upgraded with the timeframes outlined in the Lake of the Woods County Zoning Ordinance.

 

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. 

 

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

                                                                                   

 

_____________________________________

                                                                                                            Patty Beckel

                                                                                                        Chair, County Board

 

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

Motion

Motion was made by Commissioner Hanson to approve the Conditional Use Permit request for Curt Magnuson to conduct a commercial business consisting of transient short-term rental of an existing structure in a Residential Distinct with the following specific conditions:

 

1)    A rental agreement is to be submitted and kept on file with the Land & Water Planning Office which will address, but not limited to the following:

  1. Dogs and pets kept on leashes or restrained and noise
  2. Trespass issues on neighboring property
  3. ATV and snowmobile traffic
  4. Establishment of quite hours
  5. Local contact person(s) information

 

2)     Maximum occupancy is not to exceed eight (8) individuals.

 

3)    A septic system compliance inspection is to occur when conditions allow and if the system is found to be a failing system or an imminent threat to public health or safely, it shall be upgraded with the timeframes outlined in the Lake of the Woods Zoning Ordinance.

 

4)    Item 4 of the Planning Commission’s recommendation was stricken from conditions.

 

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

 

ESRI

Land and Water Planning Director, Josh Stromlund met with the board requesting authorization to purchase ArcGIS Spatial Analyst for Desktop Single Use License.

Motion

Motion was made by Commissioner Arnesen to authorize Land and Water Planning Director, Josh Stromlund to purchase a Arc GIS Spatial Analyst for Desktop Single Use License up to $2,500 from the Land and Water Planning funds. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

 

SWCD

2013 Annual Report, 2014 Annual Plan, 2013 Feedlot Annual Report and 2014-2015 Feedlot Work Plan

Mike Hirst, Lake of the Woods Soil and Water Conservation District Resource Technician met with the board and reviewed the 2013 Annual Report, 2014 Annual Plan, 2013 Feedlot annual Report and the 2014-2015 Feedlot Work Plan. Mike introduced Molly Costin and Scott Schroeder from MPCA to the board and students and explained that they work with the feedlot programs throughout the state.

 

SPRING FISHING MEETING

Chair Beckel inquired if any of the Commissioners could attend the Spring Fishing Meeting that will be held on March 5, 2014 at Koochiching County Courthouse. Commissioner Hanson will follow up to see who will be able to attend.

 

COUNTY ATTORNEY

Chair Beckel informed the board that they need a motion to finalize the hiring of James Austad as the County Attorney.

Motion

Motion was made by Commissioner Hanson to hire James Austad as Lake of the Woods County Attorney, effective start date, May 1, 2014 at Grade 24, Step G, annual salary of $ 90,807.12 ($43.49 per hour). The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

 

HUMAN RESOURCE DIRECTOR

Chair Beckel discussed the Human Resource Director’s vacancy and how they would like to fill this position. The board decided that they would like to fill the vacancy by advertising for a Request for Proposals (RFP) and requested that County Attorney, Michelle Moren and Human Resource Assistant, Dena Piper draft a RFP and have it ready for the next board meeting for the board to approve.

 

MRCC

Chair Beckel requested the Commissioners review and handout from MRCC and to prioritize issues that that they feel is most important to our county. MRCC will then finalize the priority list and address these issues in the 2014 Legislative Session.

 

NWA AIRPORT

Commissioner Arnesen queried the board in regards to the NWA airport and about possible doing a soil boring tests to get additional information as to the site conditions for possible construction.

Motion

Motion was made by Commissioner Arnesen to authorize a soil boring test to be completed to get addition information as to the site conditions for construction of a potential airport. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

 

Recess

With no further business before the board, Chair Beckel called the meeting to recess at 2:45 p.m.

 

 

 

Attest:                                                                                     Approved: March 11, 2014

 

 

____________________________                                        _______________________________

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