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Lake of the Woods (MN) County Proceedings

COMMISSIONER PROCEEDINGS JUNE 19, 2018 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 session on Tuesday, June 19, 2018 at Angle Outpost Resort at the Northwest Angle. CALL TO ORDER-Chairman Arnesen called the meeting to order at 10:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Cody Hasbargen, Ed Arnesen and Ken Moorman. Absent: Commissioner Nordlof and Waibel. Also present were: County Auditor/Treasurer Lorene Hanson, Public Works Director, Tim Erickson, Deputy Auditor/Treasurer, Janet Rudd, County Attorney, James Austad and County Sheriff, Gary Fish. APPROVAL OF AGENDA- Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to approve the agenda with the following additions: Access County Road 333. APPROVE MINUTES-Motion was made by Commissioner Hasbargen, seconded by Commissioner Moorman and carried unanimously to approve the Board of Equalization minutes of June 12, 2018. NWA AIRPORT UPDATE-Chairman Arnesen discussed the NWA Airport and informed the residents that the NWA Airport has been tabled due to securing Land and Zoning issues until other options or changes occur. PUBLIC WORKS-Public Works Director, Tim Erickson introduced Mike Graves, newly hired NWA Maintenance. Tim also updated on the NWA road and discussed the Demo Box of what should be placed in the box. He informed the residents that if garbage continues to be placed in the Demo box that their fees will increase do to the cost of the sorting demo and garbage mixture. DEPUTY ACCOUNTANT-Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to approve the hiring of Public Works Deputy Accountant, Jane Larson at $19.93 per hour effective June 18, 2018. SALE OF SURPLUS STATE LAND-Chairman Arnesen announced that the Private Sale of surplus State land at the NWA was approved by the Minnesota Department of Natural Resources. Resolution The following Resolution was offered by Commissioner Arnesen, seconded by Commissioner Hasbargen and carried unanimously to approve the following Resolution: RESOLUTION NO. 18-06-02 PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER IN LAKE OF THE WOODS COUNTY; WHEREAS; the Commissioner of Natural Resources may sell by private sale the surplus land bordering public water pursuant to Minnesota Statute, section 92.45,94.09 and 94.10; WHEREAS; the Commissioner may sell the land to a local unit of government for less than the value of the land as determined by the commissioner, but the conveyance must provide that the land described be used for the public and reverts to the state if the local unit of government fails to provide for public use or abandons the public use of the land. The conveyance is subject to existing rights of a county road easement, water and land crossing utility licenses, a grant-in-aid trail permit, and a lease to the county for an immigration videophone site. The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy; WHEREAS; the land described as the Southwest Quarter, Section 28, Township 168 North, Range 34 West, containing 160 acres, more or less is adjacent to the Northwest Angle Inlet of Lake of the Woods. The Department of Natural Resources has determined that the land is not needed for natural resource purposes and the state’s land management interests would best be served if the land were conveyed to a local unit of government (Lake of the Woods County) for a public park and other public use; NOW THEREFORE, BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners approves this transfer of land to the county with associated closing costs. NWA EDGE RIDERS-Bonnie Edin informed the board that the club is still in line for the dollars needed for the park and are working on the Master Plan for the proposed Northerly Park at the NWA. NORTHWEST ANGLE 33 FIRST NATION-Northwest Angle 33 First Nation Chief Kimberley Sandy-Kasprick met with the board to discuss the access on County Road 333. Chief Kimberly informed the board that she has been in contact with Red Lake Band and there were promises by Red Lake that they would always have access to get to their Reserve. She explained that they now have a school and that twelve more families have moved back to their community and are in the process of getting their own access. She asked that the County Board consider leaving CR 333 open for parking. Public Works Director, Tim Erickson informed the board that his department could put in a 150-foot culvert for parking purposes as previously discussed at the April 24, 2018 meeting and that they could possible have this done by mid-July. AUDITOR/TREASURER-The following Resolution was offered by Commissioner Moorman, seconded by Commissioner Hasbargen, and the same being put to a voted was unanimously carried: A Resolution Approving a Lease for Lawful Gambling Activity and Premises permit Application Resolution No.18-06-03 WHEREAS, the Baudette Area Arena of Baudette has submitted a lease for lawful gambling activity and a premises permit application for Minnesota Lawful Gambling to be conducted at the following establishments, which are all located in Lake of the Woods County: Rainy River Resort, 2811 Riverview DR NW unorganized township of Wheeler ; NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said applications for submission to the Minnesota Gambling Control Board. NWA SCHOOL-Brian McKeever informed the board that the School District 690 met with the NWA residents on June 18 and informed them that they have $600,000 to put towards renovation of the NWA School. One concern Brian has is that they do not have any designated tornado shelters at the NWA. County Sheriff, Gary Fish told him to check with Emergency Management Director, Jill Olson. ISLAND LAND OWNERS-Don McClanathan discussed the Island Land owners concerns over the water levels and how they fluctuate from year to year. Chairman Arnesen asked Don to gather information and meet with Land and Water Planning Director, Josh Stromlund. PUBLIC ACCESS-Wes Frank inquired why there is not a Public Access at the NorthWest Angle. Chairman Arnesen stated that they would need to request a Public Access to the Department of Natural Resources. Don McClanathan commented that they have tried for years and it has not gone anywhere. RECESS-With no further business before the board, Chairman Arnesen called the meeting to recess at 11:15 a.m. APPROVED: June 26, 2018 County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Edward Arnesen Publish November 14, 2018

 

COMMISSIONER PROCEEDINGS OCTOBER 9, 2018 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 9, 2018 at Lake of the Woods County Government Center in the Commissioners’ Room. CALL TO ORDER-Chairman Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Ed Arnesen, Buck Nordlof, Jon Waibel and Ken Moorman. Also, present were: County Auditor/Treasurer, Lorene Hanson and Deputy Auditor/Treasurer Janet Rudd. APPROVAL OF AGENDA-Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the agenda. APPROVAL OF MINUTES- Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the official minutes and summarized minutes of September 25, 2018. SOCIAL SERVICES-Motion was made by Commissioner Nordlof seconded by Commissioner Waibel and carried unanimously to approve the following claims: Commissioners Warrants $12,845.11, Commissioners Warrants $ 2,078.89, Commissioners Warrants $20,731.78. NORTHWOODS CAREGIVERS-Northwoods Caregivers, RN Home Health Manger, Christina Knecht met with the board and introduced the Northwoods Caregivers has been and the resources that they provide, such as Respite Care, Homemaking, Caregiving Support, Aging Life Care and First City Visitation Services. Christina informed the board that Northwoods Caregivers has been a Nonprofit organization for nearly 20 years and that the organization is willing to give services in Lake of the Woods County and surrounding area but needs financial assistance for the startup cost. Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to contribute $10,000 from the Social Services fund for startup cost for Northwoods Caregivers Services for Lake of the Woods County and surrounding area. LAKE OF THE WOODS TOURISM BUREAU-Lake of the Woods Tourism Bureau Director, Joe Henry and Assistant Director, Alyse Berggren met with the board and informed the board of the activities that the bureau has done and discussed the upcoming Ploughing Contest that will be held here on August 30 thru September 1, 2019. RECESS-The meeting was called to recess at 9:55 a.m. and reconvened at 10:05 a.m. as follows: KELLY CREEK ROAD VACATION-County Surveyor, Donn Rasmussen met with the Board and informed the board that the Kelly Creek Road Vacation has been reviewed by hired Attorney Michelle Moran’s Law firm and that all legal descriptions and access easements are correct and recommended to the board for approval. Resolution-The following resolution was offered by Commissioner Nordlof, seconded by Commissioner Hasbargen and carried unanimously to approve the following Road Vacation as follows: RESOLUTION NO. 18-09-01 KELLY CREEK ROAD VACATION CROSS ACCESS EASEMENT AGREEMENT, This Cross Access Easement Agreement (“Easement Agreement”) is entered into as of this 9TH day of October, 2018, by and among City of Baudette, a Minnesota Municipal Corporation (Baudette), 106 West Main Street, Baudette, Minnesota 56623; Lake of the Woods County, a municipal subdivision of the State of Minnesota, (County), 206 8th Avenue Southeast, Baudette, Minnesota 56623; Roger Erickson and Carol Erickson, husband and wife (Ericksons) 519 Kelly Creek Drive NW, Baudette, Minnesota 56623; Erlin Olson and Cinderella Olson, husband and wife, (Olsons) 547 Kelly Creek Drive NW, Baudette, Minnesota 56623; Timothy R. Erickson, a single person, (Erickson) 553 Kelly Creek Drive NW, Baudette, Minnesota 56623; and Robert V. Anderson and Debra C. Anderson, husband and wife, (Andersons) 579 Kelly Creek Drive NW, Baudette, Minnesota 56623. WHEREAS, City and County are the owners of real property located in Lake of the Woods County, Minnesota, legally described as: See attached Exhibit “A”. WHEREAS, Ericksons are the owners of real property located in Lake of the Woods County, Minnesota, legally described as: See attached Exhibit “B”. WHEREAS, Olsons are the owners of real property located in Lake of the Woods County, Minnesota, legally described as: See attached Exhibit “C”. WHEREAS, Erickson is the owner of real property located in Lake of the Woods County, Minnesota, legally described as: See attached Exhibit “D”. WHEREAS, Andersons are the owners of real property located in Lake of the Woods County, Minnesota, legally described as: See attached Exhibit “E”. WHEREAS, City is the owner of real property located in Lake of the Woods County, Minnesota, legally described as: See attached Exhibit “F”. WHEREAS, all parties to this agreement desire to grant exclusive non-public cross access easements to each other and each parties’ heirs and assigns in regard to the above described real property, all according to the terms and conditions as set forth in this Agreement. NOW, THEREFORE, in consideration of the agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: “That the City of Baudette, and County of Lake of the Woods for the benefit of Roger Erickson and Carol Erickson, Erlin Olson and Cinderella Olson, Timothy R. Erickson, and Robert V. Anderson and Debra C. Anderson, and their successors, assigns and transferees, hereby grants to said parties with respect to the property described above, an exclusive, non-public cross access easement for ingress and egress for pedestrians, automobiles, other motor vehicles, and self-propelled vehicles (“Easement A”), as described and depicted herein and on attached Exhibit “A-1”, which easement is located on the real property described on the attached Exhibit A, which is on file in Lake of the Woods County Auditor/Treasurers office and recorded into record in Lake of the Woods County Recorder’s office.” EMERGENCY MANAGEMENT PERFORMANCE GRANT-Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the 2018 Emergency Management Performance Grant, Grant number A-EMPG-2018-LOTWCO-040, in the amount of $13,875.00 with matching funds of $13,875.00. COUNTY AUDITOR/TREASURER-Motion was made by Commissioner Hasbargen, seconded by Commissioner Nordlof and carried unanimously to approve the claims against the county as follows: Revenue-$75,944.04; Road & Bridge-$69,988.53- Co Development- $290.00-Joint Ditch-$60,074.25-Solid Waste-$11,834.14-EDA-$877.01-Taxes & Penalties-$45.00. WARRANTS FOR PUBLICATION Warrants Approved On 10/09/2018 For Payment 10/12/2018 Vendor Name Amount Bob Barker Company Inc 2,077.49 Border Ridge Trucking Inc 2,355.96 CenTec Cast Metal Products 5,971.00 Counties Providing Technology 13,432.00 Federal Highway Administration 2,287.00 Howard’s Oil Company 3,648.20 Johnson Auto & Machine 2,422.65 Lake Area Construction Inc 14,695.00 Lavalla Sand & Gravel Inc 47,600.00 LOW Highway Dept 6,044.13 Nuss Truck & Equipment 52,225.07 Powerplan 2,844.36 R & Q Trucking, Inc 4,635.00 RUDYSTYX, LLC 10,050.00 SeaChange Print Innovations 3,287.80 University Of Mn 9,024.00 Voyageurs Comtronics, Inc 3,126.20 Woody’s Service 4,211.75 66 Payments less than 2000 29,115.36 Final Total: 219,052.97 Further moved to authorize the payment of the following Auditor warrants: September 26, 2018-$12,203.65, October 3, 2018 $12,649.88, October 4, 2018 (156.08)-October 10, 2018- $186,397.52. Tourism Bureau-Chamber of Commerce-County Auditor/Treasurer, Lorene Hanson informed the board that a message was received from City of Baudette Clerk, Tina Rennemo in regards to the Tourism/ Chamber building and the costs to maintain the building. The council felt it was best to have a joint meeting of all that is involved to discuss this situation. The County board discussed this matter and placed this on the EDA agenda to discuss this further with all involved. WHEELERS POINT SEWER APPOINTMENTS-Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to amend the following motion dated December 12, 2017 to appoint Brian Ney and Kent Spears to the Wheeler’s Point Sanitary District Board for a three-year term beginning January 2, 2018 thru January 2, 2020. Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to appoint Alan Thompson and Marshall Monk to the Wheeler’s Point Sanitary District Board for a three-year term beginning January 2, 2018 thru January 2, 2020. Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to appoint Justin Ferguson to the Wheelers Point Sanitary District board effective October 9, 2018 thru January 1, 2019 to replace Michael Meyers. Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to appoint Justin Ferguson to the Wheelers Point Sanitary District Board for a three-year term beginning January 2, 2019 thru January 2, 2022. RE-APPOINTMENT OF TERMS OF THE ECONOMIC DEVELOPMENT AUTHORITY The following resolution was offered by Commissioner Nordlof, seconded by Commissioner Hasbargen and carried unanimously to adopt the following resolution: RE-APPOINTMENT OF TERMS OF THE ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NUMBER 18-10- 02 Whereas; Lake of the Woods County Board, pursuant to MN Statute §469.093, Subd.1 has provided a public notice and conducted a public hearing on September 14, 2010 to consider the creation of an Economic Development Authority and adopted the Enabling Resolution creating the same; and Whereas; the County Board of Commissioners of the County of Lake of the Woods adopted the following: The EDA shall consist of a governing body of nine (9) members, as per the adopted Enabling Resolution, of which: Five (5) Sitting Commissioners, Lake of the Woods County Board of Commissioners Four (4) Members shall be nominated by the following organizations and appointed by the County Board: Industrial Development Corporation (IDC) to recommend appointment,From either Chambers of Commerce to recommend appointment, Lake of the Woods Tourism to recommend appointment, City of Baudette to recommend appointment, The Board Members and terms are established as follows: Term Length Board Member Term Expires Representing 6 Year Brock Stebakken 12/31/2023 City of Baudette 6 Year James “Buck”Nordlof 12/31/2023 County Board District 1 6 Year Jeff Bauers 12/31/2018 IDC 3 Year Mike Kinsella 12/31/2018 Tourism Board *replaced previous member 6 Year Ed Arnesen 12/31/2019 County Board District 5 6 Year Jon Waibel 12/31/2019 County Board District 4 6 Year Stuart Noble 12/31/2020 Chamber/Commerce 5 Year Cody Hasbargen 12/31/2021 County Board District 2*replaced previous member 6 Year Ken Moorman 12/31/2022 County Board District 3 Whereas; two board member term expiring on December 31, 2018; Now Therefore, Be It Resolved; that the County Board of Commissioners of the County of Lake of the Woods hereby appoints the following two board members for a term a 6-year term and 3-year term- fulling existing term; Term Length Board Member Term Expires Representing 6 Year Jeff Bauers 12/31/2024 IDC 6 Year Mike Kinsella 12/31/2024 Tourism Board *returned to 6-year term JOINT DITCH MEETING -County Auditor/Treasurer, Lorene Hanson informed the board that there will be a Joint Ditch Meeting with Roseau on October 25, 2018 to discuss Joint Ditch 22&26, which will be held at 6:00 p.m. at Rock Harbor Lodge. COMPUTERS PROVIDING TECHNOLOGY- JOINT POWERS AGREEMENT County Auditor/Treasurer, Lorene Hanson informed the board that she received the Joint Powers agreement with the Governmental Units which is an organization that formed a Joint Powers Agreement to provide technology assistance for the tax system, which Lake of the Woods County could join. No board action was taken. AMERICAN LEGION CLUB-Steve Levasseur, Glenn Lawrence and Rick Rone met with the board to discuss the Lake of the Woods Veterans Memorial and informed the board after seven (7) years of planning that the committee has a final plan and presented it to the board. Steve informed the board that the projected cost of the Memorial is estimated to be $200,000; fundraisers are in place with one of them being the “Brick Paver Program” which individuals can purchase a block in honor to the men and women who have served in the five branches of the armed forces at the cost of $200 each. Steve requested the board to consider donating to this memorial. LAND AND WATER PLANNING- Gary Grove Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional use Permit, to allow the applicant, Gary Grove to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential District (R2). Josh reviewed the findings of facts with the board and informed the board that the Planning Commission recommends approval with the following conditions that when upon change of ownership from Gary Grove, the conditional use permit will expire. Motion- Motion was made by Commissioner Hasbargen, seconded by Commissioner Moorman and carried unanimously to approve the following Conditional Use permit , as required by Section 401-C of the Lake of the Woods County Zoning Ordinance, to allow the applicant to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential District (R2), A 2-acre tract located in the NW ¼ NW ¼, Section Twenty-Nine (29), Township One Hundred Sixty-three (163) North, Range Thirty-four (34) West, parcel ID# 14.29.22.010¬¬¬¬¬¬¬¬¬¬ with the following restrictions: Conditional use permit expires upon change of ownership from Gary Grove and signage no larger than 4×8:This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance. Nels Holte Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit, to allow the applicant Nels Holte to create a Commercial Planned Unit Development consisting of a seasonal camping/RV park with five full hook-ups. Josh reviewed the findings of facts with the board and informed the board that the Planning Commission recommends approval with the following conditions that he has 3000 sq. ft required per lot and must meet Minnesota Department of Health standards. Motion- Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to to approve the following Conditional Use permit for a Conditional Use Permit, as required by Section 401-D of the Lake of the Woods County Zoning Ordinance, to create a Commercial Planned Unit Development consisting of a seasonal camping/RV park with five full hook-ups for Lot 7, Block 6, Morris Point Estates, Section Twenty (20), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, parcel ID# 19.69.06.070 with the following restrictions: follows: 3000 sq. ft required per lot and must meet Minnesota Department of Health standards HOFFMAN/PHILLIP&KNUTSON PLLC-Colleen Hoffman, from Hoffman/Phillip/Knutson met with the board and reviewed the 2017 year-end audit with the board. KEEP IT CLEAN COMMITTEE-Mike Hirst met with the board and informed the board that the Keep it Clean Committee is in its seventh year educating and maintaining trash control and clean up in the spring for the lake. Unfortunately, the committee will no longer be able to maintain the dumpster program for they are struggling with theft by service and the costs have now doubled from $5,000 to $6,000 per year to $12,000 per year for dumping fees. The board discussed concerns of garbage on the lake. RECESS-The meeting was called to recess at 12:20 p.m. and reconvened at 1:22 p.m. NWA EDGERIDERS-Joe Laurin, Project Manager for the NWA Edgeriders proposed park project met with the board and reviewed the plans for the proposed park. He informed the board that the project cost could approach $500,000 per their last estimate, but would be shared with Greater Minnesota Regional Parks and Trails Commission, which was ranked “high”. With this ranking, the next step is for Joe to develop a qualified Master Plan in order to move on to the next step. Joe informed the board that the grant requires a 5 to 25% matching funds, but has been approved without a match. COUNTY ATTORNEY-County Attorney, James Austad met with the board and updated them on the issues with Co. Rd 14. RECESS-With no further business before the board, Chairman Arnesen called the meeting to recess at 2:45 p.m. Attest: October 23, 2018 County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Edward Arnesen Publish November 14, 2018

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