Mayor Jeff Pelowski called the meeting to order and the Pledge of Allegiance was said.

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1 REGULAR ROSEAU CITY COUNCIL MEETING MONDAY NOVEMBER 5th, 5:00 P.M. ROSEAU CITY CENTER COUNCIL CHAMBERS 121 Center Street East Suite 201 Roseau, MN The Regular monthly meeting of the Roseau City Council was held on the above date, time and place. Members present were, Mayor Jeff Pelowski, Council members Gerry Schiltz, Curt Ireland, Pat Novacek, and Linda Vatnsdal. Others present were Liquor Store Manager Brad Wiberg, City Attorney Pat Moren, Assistant City Attorney Michelle Moren, City Clerk Janet Lundbohm, Roseau County Commissioner Jack Swanson- WILD 102 Radio, Lyle Grindy, Bill & Sara O Connell. Mayor Jeff Pelowski called the meeting to order and the Pledge of Allegiance was said. The following correction (s) addition (s) were noted in the October 1 st, 2012 minutes. Page 3 Community Development Coordinator Todd Peterson reported that the Roseau County Affordable Housing committee met on September 20, 2012 and Mary Bujold gave a presentation of the Comprehensive Housing Study for Roseau County, Minnesota and it was recommended to have a follow up meeting and invite the major employers, Hospital, Schools, and to also include the City of Roseau, Roseau County and other politicians to discuss some plans of action to address the affordable housing needs. Council member Gerry Schiltz motioned, Council member Linda Vatnsdal seconded and it was carried by unanimous vote to approve the October 1st, 2012 minutes with corrections. Council member Linda Vatnsdal motioned, Council member Pat Novacek seconded and it was carried by unanimous vote to approve the October 24 th, 2012 minutes as presented. Council member Pat Novacek motioned, Council member Curt Ireland seconded and it was carried by unanimous vote to approve the October 29 th, 2012 minutes as presented. Council member Linda Vatnsdal motioned, Council member Curt Ireland seconded and it was carried by unanimous vote to approve the following Consent Agenda items: a. Accounts payable claims from October 1st, 2012 through October 31st, 2012 as presented, with a batch number of AP and is filed in edit books in the City Clerk s Office. b. Daily Batch checks written from October 1st, 2012 through October 31st, 2012 were audited, approved and are filed in edit books in the City Clerk s Office. c. Receipt entries September 1st, 2012 through September 30th, 2012 were audited, approved and are filed in edit books in the City Clerk s Office. d. Journal entries August 1 st, 2012 through August 31st, 2012 were audited, approved and are filed in edit books in the City Clerk s Office. e. A review of August 2012 General Ledger checks written compared with check images on the bank statements found no irregularities. f. Upcoming meetings a. November 9th, 7:30 a.m. Council to meet as Canvassing Board for the General Election. b. December 3 rd, 2012 Regular meeting at 5:00 p.m. g. Approve the use of alcohol in the Community Center - a. January 21, 2013 C & C Annual Meeting. b. February 2, 2013 Nelson wedding dance. h. LMC Cities Bulletin: October 17, 2012 i. Letter from Ronald M. Johnke, CPA President of Brady, Martz & Associates, P.C. in regards to System Review Report. j. Notice of 2013 MBA Scholarship Program. 1

2 k. R RESOLUTION WHEREAS, in accordance with the Minnesota Statutes (Minnesota Uniform Disposition of Unclaimed Property Act) requirement that cities must remit unclaimed property to the State of Minnesota. NOW, THEREFORE, BE IT RESOLVED, that Roseau City Clerk Janet Lundbohm be and is hereby authorized to remit three (3) unclaimed warrants to the State of Minnesota Department of Commerce Unclaimed Property Division totaling $ Ck No. Date Amount Payee # $ 1.63 Phil Novak # $ Robert Dunn # $ Karen Froseth Approved this 5 th day of November, s/s: Jeff Pelowski Jeff Pelowski, Mayor ATTEST: s/s: Janet Lundbohm Janet Lundbohm, City Clerk l. R RESOLUTION ACCEPTING DONATION WHEREAS, the Roseau VFW Post 8663 has presented to the City of Roseau a donation of $ and has designated that these donations be deposited in the City of Roseau General Fund to be used for Roseau Volunteer Fire Department equipment; and efforts, WHEREAS, the City Council is appreciative of the donation and commends the Roseau VFW Post 8663 for their civic NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Roseau, Minnesota; 1. that the donation is accepted and acknowledged with gratitude. 2. that the donation will be appropriated to the Roseau Volunteer Fire Department to be used for fire equipment. Adopted this 5th day of November, 2012 Attest: s/s: Janet Lundbohm City Clerk By: s/s: Mayor Jeff Pelowski m Christmas Lighting Contest (to be the same categories as 2010 with prizes awarded in Roseau Dough). n. Approve 2013 (December 1, 2012 November 30, 2013) Liquor Licenses contingent upon all paperwork is obtained by the Clerk s office. American Legion Club + Sunday Oakcrest Golf Club + Sunday VFW Club Brickhouse Bar & Grille + Sunday Gene s Bar & Grill RJ s Place Roseau Diner Sparetime Bowl (Legends) + Sunday o. Approve 2013 (January 1, 2013 December 31, 2013) 3.2 Beer Licenses contingent upon all paperwork is obtained by the Clerk s Office. RJ s Place Off Sale Holiday Off Sale p. Thank you from the Minnesota Rural Water Association for the use of the Community Center on October 3, 2012 for a MRWA Wastewater training session. 2

3 q. Investment-Roseau EDA Hi Fi as of 10/30/2012 is $248, r. Cash in bank-dnr Escrow as of 10/30/2012 is $832, s. Cash in bank-regular checking as of 10/30/2012 is $2,127, t. Investment-Regular Hi Fi as of 10/30/2012 is $1,407, u. Investment of Certificate of Deposit as of 10/30/2012 is $759, v. Investment of Certificate of Deposit as of 10/30/2012 is $762, w. Investment of Certificate of Deposit as of 10/30/2012 is $765, x Investment of Certificate of Deposit as of 10/30/2012 is $772, y. Cash in bank - Airport Fuel Sales Credit Card as of 10/30/2012 is $4, z. Investment - Roseau EDA Money Market as of 10/30/2012 is $188, aa. Cash in bank - Pine to Prairie Birding Trail as of 10/30/2012 is $3, bb. Cash in bank - Scandinavian Festival as of 10/30/2012 is $3, cc. Cash in bank Welcome to Roseau as of 10/30/2012 is $1, dd. Cash in bank - Roseau EDA as of 10/30/2012 is $ ee. October 2012 Year to Date City Revenues & Expenditures. Adam Munstenteiger notified Janet Lundbohm prior to the meeting that he would not be in attendance at the November 5 th, 2012 City Council meeting. After review and discussion of Bill & Sara O Connell s request to defer assessments on lot 7, Block 8 of the Oakcrest West Subdivision for the purpose of constructing a new speculative home contingent upon obtaining approval from the City Council to continue to defer assessments on the lot until such time as O Connell s sell the home, Council member Curt Ireland made a motion to approve the deferral of the assessment on Lot 7, Block 8 of Oakcrest West Subdivision upon completion of construction of the speculative home, seconded by Gerry Schiltz. After discussion Council member Curt Ireland withdrew his motion and Council member Gerry Schiltz withdrew his second. After discussion Council member Curt Ireland made a motion to approve Bill & Sara O Connell s request to defer assessments on Lot 7, Block 8 of the Oakcrest West Subdivision for the purpose of constructing a new speculative home until the house is sold, seconded by Council member Gerry Schiltz and upon vote being taken, the following vote in favor thereof: Pelowski, Ireland, Schiltz and the following voted against the same: and the following abstained: and the following were absent: Novacek Vatnsdal none Whereupon said motion was declared duly passed and adopted. Roseau Promotions Director Lyle Grindy reported on the following: Lyle attended the Heartland Board of Directors Meeting in East Grand Forks and Lyle received the following information in regards to the tourism impact on Roseau County: o Gross Sales: $16,559,537 o Sales Tax: $ 1,094,883 o Employment: 382 jobs in the Leisure and Hospitality Industries The Civic and Commerce Summer Farmers Market was said to be a success and the Civic and Commerce would like to do it again next summer. The Civic and Commerce started their Holiday Fantasy Promotion by sending letters of support this week. There will be four drawings this year before Christmas totaling $4,000 in Roseau Dough! The Holdiay Craft Show starts Friday Nov. 23 rd, 2012 along with the Tree Lighting, Hot Apple Cider and singing of Christmas Carols and Sleigh Rides. Diva Days was very successful, both parking lots full all day. 3

4 Roseau County Commissioner Jack Swanson reported on the following: The DNR will be having a land sale and Roseau County will be having a tax forfeited land sale on November 9 th, 2012 at the Roseau County Board Room. Community Development Coordinator Todd Peterson reported that the City has taken over operations at the Airport and it will be a learn as we go process. City Council member Linda Vatnsdal reported that the Beautification committee needs a chairman and more volunteers. Community Development Coordinator Todd Peterson informed the City Council that the Notice of Public Hearing for the 2012 Frontage Road Storm Sewer Assessment Job had been published in the paper with an incorrect date on it. After discussion Council member Pat Novacek made a motion to reschedule the Public Hearing for the 2012 Frontage Road Storm Sewer Assessment Job to December 3 rd, 2012 at 5:30 pm and resend the Notice to the property owners, seconded by Council member Curt Ireland and carried by unanimous vote. Therefore, the Public Hearing for 2012 Frontage Road Storm Sewer Assesment Job that was scheduled for November 5 th, 2012 at 5:30 pm was not held. After review and discussion Council member Curt Ireland motioned, Council member Linda Vatnsdal seconded and it was carried by unanimous vote to approve Duane Erickson s (#4-2012) Variance request to put a roof on the front deck addition with a front yard setback of 21 in lieu of the 30 front yard setback required, a 9 front yard setback Variance as recommended by the Planning Commission. The front yard setback of 21 is in conformity with the neighboring properties. After review and discussion Council member Pat Novacek motioned, Council member Curt Ireland seconded and it was carried by unanimous vote to approve Ryan Lovold s (#5-2012) Variance request to build an unattached garage with an overall height of up to 25 in lieu of the overall height of 15 allowed, a 10 overall height Variance as recommended by the Planning Commission. The pitch of the unattached garage will match the pitch of the existing house and the garage size is within the allowed size. Community Development Coordinator Todd Peterson reported that the EDA met and discussed the following: Approved the lease with Frito Lay. Liquor Store Manager Brad Wiberg presented the City Council the following: Liquor Store Monthly Sales Recap October 2012 Liquor Store Sales 2012 After review and discussion Council member Linda Vatnsdal made a motion to allow the Fire Department to use the DNR (fire reimbursement) funds for the purchase of home monitors for the firemen, seconded by Gerry Schiltz and upon vote being taken, the following members voted in favor thereof: Pelowski, Vatnsdal, Schiltz and Ireland. and the following voted against the same: and the following abstained: and the following were absent: None Novacek None whereupon, said motion was declared duly passed and adopted. The City Council discussed the write-in process for the vacated city council position. City Attorney Pat Moren informed the City Council that, in accordance with a Minnesota Attorney General s opinion, if the person receiving the greatest number of write-in votes for a vacated city council position declines to accept 4

5 the office, the person receiving the second greatest number of write-in votes is not elected to the office and has no right to the same by having received the second greatest number of write-in votes. The City Council would then appoint a qualified person to fill the vacated city council position. Assistant City Attorney Michelle Moren updated the City Council on revised data policy requirements for municipalities provided recommendations for modifications to the existing city data practices policy. Based upon the recommendations, the city council approved the following resolution: CITY OF ROSEAU COUNTY OF ROSEAU STATE OF MINNESOTA RESOLUTION NO. R A RESOLUTION FOR THE MINNESOTA DATA PRACTICES ACT THE CITY COUNCIL OF THE CITY OF ROSEAU, MINNESOTA, DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, at the regular meeting of the City Council of the City of Roseau, Minnesota, held on Monday, November 5, 2012, a Motion was made by Mayor Jeff Pelowski for passage of the following resolution: WHEREAS, the Minnesota Data Practices Act (Minnesota Statutes, Chapter 13) requires government entities to maintain a policy regarding dissemination of government data; and WHEREAS, the Minnesota Data Practices Act further requires the government entity to appoint a responsible authority and data practices compliance official to implement and follow the requirement of the data practices act; and WHEREAS, the City Council of the City of Roseau, wishes to adopt a data practices policy consistent with the recommendations of the Minnesota Department of Administration Information Policy Analysis Division; and WHEREAS, this matter was fully discussed by the City Council of the City of Roseau. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROSEAU, MINNESOTA: THAT Todd Peterson 121 Center Street East Roseau, MN Phone: Fax: tpetersn@mncable.net be appointed as the Responsible Authority pursuant to the Data Practices Act. THAT Janet Lundbohm 121 Center Street East Roseau, MN Phone:

6 Fax: be appointed as the Responsible Authority s data practices designee. THAT Janet Lundbohm 121 Center Street East Roseau, MN Phone: Fax: jlundbohm@mncable.net be appointed as the Data Practices Compliance Official. BE IT FURTHER RESOLVED, that the City of Roseau shall adopt the recommendations of the Minnesota Department of Administration Information Policy Analysis Division regarding written data practices policies. THIS MOTION FOR RESOLUTION was seconded by Councilperson Linda Vatnsdal and upon a vote being taken, the following voted in favor: Ireland Novacek Pelowski Schiltz Vatnsdal The following voted against the same: None The following were absent: None Adopted by the Council this 5th day of November, EFFECTIVE DATE: November 5, 2012 Signed: Jeff Pelowski, Mayor Attest: Janet Lundbohm, Clerk Community Development Coordinator Todd Peterson updated the city council that it was difficult for the contractor that will be operating the AURI gassifier to find an insurance company that will insure him for liability insurance. After discussion Council member Curt Ireland made a motion to approve the removal of the liability insurance requirement and add an indemnity clause in the one year contract, seconded by Council member Gerry Schiltz and carried by unanimous vote. After review and discussion Council member Linda Vatnsdal motioned and Council member Gerry Schiltz seconded and it was carried by unanimous vote to accept the Roseau Court Townhomes 2012 Audit Report and the Roseau Court Townhomes 2013 Budget. 6

7 Community Development Coordinator Todd Peterson reported on the following: The East Diversion Project. John Wynne has completed a small cities grant pre-application for 25 rental units with the possibility of rehabbing old buildings. Community Development Coordinator Todd Peterson asked the City Council if the County approves to convey the tax forfeited lots back to the city, how would the city council proceed to sell the lots. After discussion, council consensus was to revisit the policy that was used for the sale of the flood lots. Community Development Corodinator Todd Peterson reported that the Medica insurance renewal rates will have an overall increase of 24% in 2013 due to three factors: the large number of employees moving from one age band to another in 2012, Medica moving the city to the highest risk factor (1.25) for 2013, and the overall small group plan increase proposed by Medica for Mike Reishus with Thune Insurance Network said that he will look at Health partners and Blue Cross/ Blue Shield to see if there are rates that would be better but he thought it was doubtful. After review and discussion Council member Gerry Schiltz motioned, Council member Curt Ireland seconded to authorize Community Development Coordinator Todd Peterson to sign the renewal with Medica (unless another group comes in at a better rate), with the existing employee contract and upon vote being taken, the following voted in favor thereof: Pelowski, Schiltz, Ireland, Vatnsdal and the following voted against the same: and the following abstained: and the following were absent: None None Novacek whereupon, said motion was declared duly passed and adopted. Mayor Jeff Pelowski reminded the City Council that the truth and taxation meeting is December 3 rd, 2012 at 6:00 pm and he recommended that we hold a special meeting sometime in December, 2012 to finalize the 2013 levy and budget. The City Council discussed its mortgage on the Eagles building. City Attorney Pat Moren reported that the city s mortgage on the Eagles Building is still outstanding and enforceable and that the balance thereon is still due and owing. Council member Linda Vatnsdal motioned, Council member Curt Ireland seconded, and it was carried by unanimous vote that there was no further business, therefore the meeting be adjourned. ATTEST: City Clerk Mayor 7

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