Lake of the Woods County (MN) Commissioner Proceedings

COMMISSIONER PROCEEDINGS
JULY 23, 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, July 23, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.
CALL TO ORDER
Chairman 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 Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following Additions:  Calcium Chloride, Freeberg & Grund Amendment and NWA Park.
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 July 9, 2019.
SOCIAL SERVICES- Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $5,685.61, Commissioners Warrant’s $2,658.15, Commissioners Warrant’s $46,363.90.
AUDITOR/TREASURER-Claims-Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $68,025.31, Road & Bridge $159,229.70, Co Devlp $200.00, Joint Ditch $3,017.50, Solid Waste $26,792.09 and EDA $3,080.00.
WARRANTS FOR PUBLICATION
Warrants Approved On 7/23/2019 for Payment 7/26/2019
Vendor Name             Amount
Arrowhead Library System                      33,118.00
Cenex Co-Op Services, Inc.                      10,570.76
Chapman/Mark             3,080.00
Counties Providing Technology                 13,650.00
Envirotech Services Inc                    100,674.54
Evergreen Implement Company               12,100.00
Farmers Union Oil Co.         3,234.43
Fort Distributors Ltd                      31,652.00
John Deere Financial         3,793.40
Liberty Tire Recycling, LLC         2,666.40
LOW Highway Dept         9,010.00
North East Technical Service,Inc     3,043.50
R & Q Trucking, Inc         5,294.79
Swanston Equipment Corp         3,074.52
TOTALFUNDS             2,000.00
Zuercher Technologies, LLC         2,190.00
47 Payments less than2000                     21,192.26
Final Total:                                      260,344.60
Further moved to authorize the payment of the following auditor warrants:  July 10, 2019 – $7,124.54, July 11, 2019 – $189,421.57; July 17, 2019 – $16,444.39.
Calcium Chloride-Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Calcium Chloride invoice from the County Highway for the County State Aid Highway 19 in the amount of $6,494.58 out of the County Parks account.
Budget Dates-Budget dates were discussed and due to scheduling conflicts, it was the consensus to change the original dates scheduled for August 8th and 9th to the dates of August 14th and 15th.
Tax Forfeited Land Classifications-Resolution The following resolution was offered by Commissioners Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously the following:
TAX FORFEITED LAND SALE
RESOLUTION NO. 19-07-01
WHEREAS; the County Board of Commissioners of the County of Lake of the Woods, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for non-payment of taxes, and WHEREAS, said parcels of land have been viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01. NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby certify that the parcels of land listed below, have been viewed and comply with the provisions of Minnesota Statutes 85.012; 92.461; 282.01, subd. 8; and 282.018; and other statutes that require the withholding of tax-forfeited lands from the sale.  (Parcels:  17-0744-040, 19-2614-011, 21-1233-030, 21-1312-040, 21-1312-041, 21-1321-010, 22-1732-000, 23-2533-020, 30-3111-000) BE IT FURTHER RESOLVED; that the Lake of the Woods County Board of Commissioners hereby request approval from the Minnesota Department of Natural Resources for the sale of said lands.
County Park Funding-Resolution The following resolution was offered by Commissioners Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously the following:
RESOLUTION AUTHORIZING COUNTY PARK FUNDING
RESOLUTION NO. 19-07-02
WHEREAS:  Minnesota Statutes 282.08 allows for a County Board to annually set aside up to 20% of the receipts from the sale of rental of county administered tax-forfeited land or from the sale of any products therefrom, after the payment of all allowable expenses, to be used for the acquisition and maintenance of county parks, as defined in Minnesota Statutes 398.31, Et. Seq. THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes and directs the County  Auditor/Treasurer to appropriate 20% of the allowable receipts of the forfeited tax fund of Lake of the Woods County for 2019 to be used for acquisition and maintenance of County Parks.
Clementson Park-Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to pay for the additional charges of $585.81 on the picnic tables for the Clementson Park from the County Park account.  Original motion approved on July 1, 2019 was to approve up to $2,000 from the County Park account.
LAND AND WATER PLANNING Conditional Use Permit – Thomas & Erin Olson-Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Thomas and Erin Olson to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential District (R2).  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:
1. The Conditional Use Permit expires on sale or transfer of the property.
2. Meet Minnesota Department of Health requirements.
3. Lodging tax for Lake of the Woods County must be paid.
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact for Thomas and Erin Olson to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential District (R2) with the specific conditions follows: 1) The Conditional Use Permit expires on sale or transfer of the property. 2) Meet Minnesota Department of Health requirements. 3) Lodging tax for Lake of the Woods County must be paid.
LAND AND WATER PLANNING Conditional Use Permit – Elizabeth Carlson-Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Elizabeth Carlson to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District. 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:
1) Meet Minnesota Department of Health requirements.
2) Meet Minnesota Department of Natural Resources requirements.
3) Minimum site size of at least 3,000 square feet
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact for Elizabeth Carlson to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District with the specific conditions as follows:  Meet Minnesota Department of Health requirements. Meet Minnesota Department of Natural Resources requirements. Minimum site size of at least 3,000 square feet.
LAND AND WATER PLANNING
Conditional Use Permit – Gregg Hennum-Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Gregg Hennum to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District.  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. An eight (8) foot high fence extending to the ground on the east, south, and west sides of the property.
2. Approved to current density standards.
3. Must meet Minnesota Department of Health regulations.
4. Must meet at least 3,000 square foot lot size.
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact for Gregg Hennum to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District, with the specific conditions as follows: 1) An eight (8) foot high fence extending to the ground on the east, south, and west sides of the property, 2) Approved to current density standards. 3)Must meet Minnesota Department of Health regulations. 4) Must meet at least 3,000 square foot lot size.
RECESS The meeting was called to recess at 10:00 a.m. and reconvened at 10:05 a.m. as follows:
HIGHWAY-Update-Interim Engineer Boyd Johnson and Construction Project Engineer Ross Eberle updated the County Board on the progress of the construction projects going on throughout the county.
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Amendment to Interstate Engineering Services for SAP 39-649-003 CSAH 49 Aggregate Surfacing Project; and SAP 39-603-24 and SAP 39-606-18 CSAH 3 & 6 Milling, Full Depth Reclamation, & Bituminous Surfacing.
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Amendment to Freeberg & Grund, Inc for Bur Oak Reconstruction.
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve a county issued credit card to Boyd Johnson with a limit of $1,500.
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve a county issued credit card to Jane Larson with a limit of $1,500.
Motion was made by Commissioner Buck Nordlof seconded by Commissioner Joe Grund and carried unanimously to approve a county issued credit card to Robert Peterson with a limit of $1,500.
NWA NORTHERLY PARK Joe Laurin of the NWA Edgeriders met with the County Board to give an update on the NWA Northerly Park.  The park application would have to be revised due to wetland impacts.  Mr. Laurin was looking for assistance in completing the application and it was the consensus to ask for a proposal from Whitt Environmental Services.   Further discussion was had regarding culverts to be installed to enable Terracon to get in for soil boring samples.  Mr. Laurin would report back to the board when he had further updates.
AMEND AGENDA-Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to add to the agenda the following:   District Engineer, Lou Tasa for an update and to add a Closed Session pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)
District Engineer, Lou Tasa District Engineer, Lou Tasa attended the meeting via phone conference.  The County Board had questions regarding applicants for the County Engineer position.  A committee of Commissioners Ed Arnesen and Cody Hasbargen, Human Resource Director Savanna Slick and County Attorney James Austad were going to meet to discuss the applicants and an offer for the position.
CLOSED SESSION- LITIGATION
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session at 11:25 a.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 Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 11:50 a.m.
RECESS The meeting was called to recess at 11:50 a.m. and reconvened at 2:00 p.m. as follows:
AMEND AGENDA-Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to add to the agenda the approval of Agreement with Braun Intertec for Geotechnical Services and Widseth, Smith, Nolting for Surveying both for the proposed Law Enforcement Center.
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Agreement with Braun Intertec Corporation for providing geotechnical services for the proposed Law Enforcement Center.
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Agreement with Widseth Smith Nolting & Associates for surveying services for the proposed Law Enforcement Center.
RECESS-With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 2:05 p.m.
Attest: August 13, 2019

County Auditor/Treasurer, Lorene Hanson
Chairman of the Board, Cody Hasbargen

Publish August 28, 2019

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