Lake of the Woods County (MN) Commissioner Proceedings, June 11, 2019

COMMISSIONER PROCEEDINGS
JUNE 11, 2019
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 11, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.
CALL TO ORDERChairman Cody Hasbargen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.
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 Additions:  Resolution – Family Homeless Prevention, Correspondence – MN DNR; and Deletions:   District Engineer Lou Tasa.
APPROVAL OF MINUTES Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of May 28, 2019.
APPROVAL OF MINUTES Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of June 3, 2019.
SOCIAL SERVICES Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $10,920.20, Commissioners Warrant’s $2,631.82, Commissioners Warrant’s $16,683.52.
AUDITOR/TREASURER-Claims  Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $54,537.95, Road & Bridge $166,600.21, County Development $1,450.00, Natural Enhancement $35.84, Solid Waste $18,597.08, EDA $305.81.
WARRANTS FOR PUBLICATION
Warrants Approved On 6/11/2019 For Payment 6/14/201
Vendor Name                 Amount
Counties Providing Technology         3,570.00
DLT Solutions, LLC             2,989.00
Evergreen Implement Company                     13,890.00
Freeberg & Grund, Inc                         22,550.00
Mar-Kit Landfill                             15,063.50
Mid-State Insulation Inc                         39,050.00
Nutrien Ag Solutions Inc                         22,456.38
Ranger GM                             31,989.00
Royal Tire Inc                 3,467.00
Widseth Smith Nolting&Asst Inc         2,752.50
Woody’s Service                 2,557.02
Ziegler, Inc                             53,193.17
61 Payments less than 2000                         27,999.32
Final Total:                           241,526.89
Further moved to authorize the payment of the following auditor warrants:  May 31, 2019 – $1,153,044.94; June 5, 2019 – $95,468.31; June 6, 2019 – $343.75.
Lost Warrant Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the application and affidavit for lost warrant for Law Offices of Patrick D Moren, dated April 24, 2019 for $877.10 without furnishing indemnifying bond.
Resolution
Family Homelessness Prevention and Assistance
The following resolution was offered by Commissioner Buck Nordlof and moved for adoption:
RESOLUTION AUTHORIZING APPLICATION FOR MINNESOTA HOUSING AND FINANCE AGENCY
FAMILY HOMELESS PREVENTION AND ASSISTANCE PROGRAM
RESOLUTION 2019-06-01
WHEREAS:  the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide funds for Family Homeless Prevention & Assistance Projects; and WHEREAS:  the need for homeless prevention and assistance exists in Lake of the Woods County and; WHEREAS:  Tri-Valley Opportunity Council, Inc. desires to administer the Minnesota Housing Finance Agency’s Family Homeless Prevention and Assistance Program in Lake of the Woods County in accordance with all applicable State and Federal regulations; and NOW, THEREFORE BE IT RESOLVED:  That Tri-Valley Opportunity Council, Inc. is hereby authorized as an entity to:  Submit a proposal to the Minnesota Housing Finance Agency for funds from the Family Homeless Prevention and Assistance Program to assist people in Lake of the Woods County; and Administer the Family Homeless Prevention and Assistance Program in Lake of the Woods County according to the program guidelines, contingent upon funding being granted. The resolution was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried.
LAKEWOOD PUBLIC HEALTH – T-21
CHI Public Health Nurse, Jodi Johnson met with the County Board and gave a presentation on T-21.  She explained their initiative is to raise the age to purchase tobacco products from 18 to 21.  She noted this would not change the age of who could actually use the product, just the age of purchasing.    Lake of the Woods County sets the Tobacco Ordinance for the entire County and she is hopeful the County will consider reviewing the Ordinance and make changes to include T-21.  Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to open up the Tobacco Ordinance, (per Minnesota Statute 461.12) for review and consideration of T-21.
RECESS The meeting was called to recess at 10:00 a.m. to drive to the site of the Cartway in Wheeler Township, and reconvened at 10:30 as follows:
CARTWAY-PUBLIC HEARING Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 10:30 a.m. and open the Public Hearing for the Cartway-Public Hearing. (Pursuant to MN Statute 164.08 to establish a Cartway.)
The following were present at the site:  Commissioners:  Ed Arnesen, Cody Hasbargen, Buck Nordlof, Joe Grund and Jon Waibel.  Other County Employees were:  County Auditor/Treasurer Lorene Hanson, County Surveyor Chad Conner, Land & Water Planning Director Josh Stromlund, and Assistant Engineer Boyd Johnson.  In addition attending the Public Hearing were:  Woody Fiala, Attorney Jeff Naglosky, Attorney Brian Varland, Patty Beckel, Tony Beckel, Carl Olson, Andrea Olson, Jill Martinson and Jared Martinson.
The County Board viewed the site and options available.  The County Board recessed from the viewing at 11:15 a.m. and reconvened the Public Hearing at 11:40 a.m. at the Government Center in the Commissioners Room as follows:
Attorney Jeff Naglosky representing Lake of the Woods County, explained the procedures of Establishing a Cartway.  A petition was received from Petitioners:  Jared and Jill Martinson (PID 19-2133-010) and Andrea M Olson (PID 19-2113-011), for a Cartway to Access Landlocked Property.  Attorney Jeff Naglosky acknowledged that the property is at least 5 acres and is landlocked.  Attorney Jeff Naglosky asked Attorney Brian Varland, representing the Petitioners, for the Affidavit of mailing for the affected land owners.  Attorney Brian Varland presented the affidavit of service and return of service, proof of postings as required.

Attorney Jeff Naglosky stated that the Petition seeks to establish a Cartway pursuant to Minnesota Statute 164.08.  The description of the proposed Cartway is:
Part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian, Lake of the Wood County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 (with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32.
The description of the individual tracts of land over which the proposed cartway would pass are:
Through that part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian,  Lake of the Woods County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 ( with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32, as shown in the road marked in red in the attached aerial photo map attached as Exhibit C.
The County Board reviewed the Cartway request and heard comments from parties involved.  Damages were discussed and a verbal request for making this Cartway a Private Cartway instead of a Public Cartway.  With further research required as to damages and written requests for the Private Cartway needed, the County Board decided to continue this Public Hearing on June 25, 2019 County Board meeting at 11:00 a.m.
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the Public Hearing at 12:30 pm and reconvene the regular county board meeting.
Motion was made by Commissioner Jon Waibel and seconded by Commissioner Buck Nordlof to establish a Cartway for Petitioners Jared A Martinson and Jill Martinson and Andrea M. Olson.  The motion was up for discussion and it was the consensus of the County Board to table the motion until the next regular board meeting, June 25, 2019 at 11:00 a.m. pending award of damages and status of the Cartway.
RECESS The meeting was called to recess at 12:45 p.m. and reconvened at 12:55 p.m. as follows:
LAW ENFORCEMENT COMMITTEE The Law Enforcement Committee with the County Board and gave an update on the progress of the proposed new law enforcement building.
MCIT- MCIT Risk Management Consultant Don Daraskevich met with the County Board to provide an update of the County’s Insurance with MCIT.
LAND AND WATER PLANNING
Conditional Use Permit – Vic and Jeri Beckel
Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Vic and Jeri Beckel to operate a fish house storage park consisting of fifteen (15) fish houses in a Rural-Residential District (R-2).  No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the following conditions, the specific conditions of approval are as follows:
The specific conditions of approval are as follows:
1)    A visual barrier must be established and maintained on three (3) sides (North, South and West) of the storage area with a live vegetative barrier not less than five (5) feet high and spaced no further apart than eight (8) feet. The vegetative barrier is to be established, at a minimum, in a double row and staggered to provide maximum visual screening. Establishment of said vegetative barrier is to be conducted no later than December 31, 2019.
2)    Storage area is to be located on the Easterly four-hundred (400) feet of the described property.
3)    Storage area is for said fish houses on the property.
4)    No more than fifteen (15) rental fish houses on the property.
5)    No client vehicles are to be parked on said property.
6)    Damage caused by business activities, and/or general maintenance of the private road, shall be the responsibility of the landowner.
7)    No occupation is allowed of said fish houses on site.
8)    Off-season storage of business related equipment must be stored out of sight, either inside a structure or within the fish house storage area.
9)    The Lake of the Woods County Board of Commissioner’s may review the conditions placed upon approval with one (1) year of the date of approval and may require the establishment and maintenance of a visual buffer, similar to above, be placed parallel to the westerly boundary of the described property to further enhance the visual screening.
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact for Vic and Jeri Beckel to operate a fish house storage park consisting of fifteen (15) fish houses in a Rural District (R1) with the following conditions:
01)    A visual barrier must be established and maintained on three (3) sides (North, South and West) of the storage area with a live vegetative barrier not less than five (5) feet high and spaced no further apart than eight (8) feet. The vegetative barrier is to be established, at a minimum, in a double row and staggered to provide maximum visual screening. Establishment of said vegetative barrier is to be conducted no later than December 31, 2019.
02)    Storage area is to be located on the Easterly four-hundred (400) feet of the described property.
03)    Storage area is for said fish houses on the property.
04)    No more than fifteen (15) rental fish houses on the property.
05)    No client vehicles are to be parked on said property.
06)    Damage caused by business activities, and/or general maintenance of the private road, shall be the responsibility of the landowner.
07)    No occupation is allowed of said fish houses on site.
08)    Off-season storage of business related equipment must be stored out of sight, either inside a structure or within the fish house storage area.
09)    The Lake of the Woods County Board of Commissioner’s may review the conditions placed upon approval with one (1) year of the date of approval and may require the establishment and maintenance of a visual buffer, similar to above, be placed parallel to the westerly boundary of the described property to further enhance the visual screening.
Conditional Use Permit – R&J Developments Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for R&J Developments to operate a plumbing and heating business with showroom in a Residential District (R-1). No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application as presented.
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Findings of Fact for R&J Developments to operate a plumbing and heating business with showroom in a Residential District (R-1) with the following condition –   Construction complete by 12/31/2020.
Conditional Use Permit – Jamie Gowdy
Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for R&J Developments to operate short-term vacation rentals on each lot in a Residential District (R-1).   Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the condition the covenants are changed to allow this project.
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to table the request to the June 25, 2019 board meeting and have Mr. Gowdy or a representative attend to discuss this request.
Board of Adjustment/Planning Commission Training Land & Water Planning Director, Josh Stromlund met with the County Board to discuss a training for the Board of Adjustment / Planning Commission.  It was the consensus of the County Board to have Josh arrange for this training.
IT DEPARTMENT IT Director, Pete Hovland met with the County Board to discuss an update for the NEC Telephone System with NetWork Center Communications for $16,294.00.
Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the upgrade for the NEC Telephone System with NetWork Center Communications for $16, 294.00.
PUBLIC WORKS  Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of three cell phones for the Highway Department for Boyd Johnson, Edward Spires and Wyatt Erickson and to contact the IT Department to complete the required forms.
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve an additional portable WiFi Unit for the Engineering Department and to work with the IT Department to complete the necessary forms.
Temporary Construction-NWA Parking Area Assistant Engineer, Boyd Johnson updated the County Board on the Kirk Hiner Temporary Construction Easement during the construction of the parking area at the Northwest Angle.
GPS Surveying Equipment
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of GPS Surveying Equipment in the amount of $33,410.55.
Wheeler’s Point Sanitary District  Assistant Engineer Boyd Johnson and Project Engineer for Wheelers Point Sanitary District – Freeberg & Grund, Inc, Brian Grund met with the County Board for approval on Change Order No 2, Change Order No 3 and Application for Payment #6, discussion on State Aid Road #23 (CSAH23) Project on First Ave NW in Baudette not to exceed basis of $35,720 (by ANI).
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Wheeler’s Point Sanitary District Change Order No 2, in the additional amount of $227,976.00, and to have the County Board Chair signing the same.
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Wheeler’s Point Sanitary District Change Order No 3, in the additional amount of $90,334.50, and to have the County Board Chair signing the same.
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Wheeler’s Point Sanitary District Application for Payment No 6 (County #3) in the amount of $26,246.60 and to have the County Board Chair signing the same.
County Municipal State Aid -Road #23 (CSAH 23) Project Assistant Engineer Boyd Johnson and Project Engineer Brian Grund discussed with the County Board the County Municipal State Aid Road #23 (CSAH 23) Project on 1st Ave NW in the City of Baudette and the proposal for the same.
NORTHERLY PARK Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to move the discussion of the Northerly Park – Proposal for Geotechnical Engineering Services – NWA Tower to the June 18, 2019 County Board meeting at the Northwest Angle.
PUBLIC WORKS Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to appoint Boyd Johnson as the Interim County Engineer effective June 1, 2019.
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to have Human Resource Director advertise and interview for the position of County Engineer.
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to appoint Commissioner Ed Arnesen as the Public Works liaison.
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to appoint Ted Furbish as the Interim SW Administrator effective June 1, 2019.
It was the consensus to have the Demo billing and SW Management reports to remain in the Public Works Office and the Budgets to fall under the Auditor/Treasurer.
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following stipends:  1) Interim County Engineer Boyd Johnson at $900 per month and 2) Interim Solid Waste Project Manager at $600.00 per month, both effective June 1, 2019.
CORRESPONDENCE from the MN Department of Natural Resources was read and acknowledged.
CLOSED SESSION Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting at 3:27 p.m.
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to open the closed meeting at 3:28 p.m. pursuant to MN Statute 13D.05, subd.3b (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Auditor /Treasurer, Lorene Hanson, County Attorney, James Austad and Human Resources Director Savanna Slick.
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 4:25 p.m.
RECESS With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 4:26 p.m.

Attest: June 25, 2019
County Auditor/Treasurer, Lorene Hanson
Chairman of the Board, Cody Hasbargen

Publish July 10, 2019

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