Absent: Council Member Dan Walker.

Motion was made by Kangas, seconded by Arthur to approve the agenda as presented. Motion carried.

Motion was made by Palecek, seconded by Arthur to approve the minutes of the last meeting as published by the Pioneer Review. Motion carried.

Motion was then made by Schofield, seconded by Kangas to approve payment of the bills from the appropriated funds. Motion carried.

Old Business:

Council Member Arthur updated the Council on the Municipal Building roof. He noted that the building committee still needs to meet with the contractor with regard to the chimney flashing and the leak on the south side of the roof.

The Finance Office is to contact the contractor and set up a meeting for Wednesday, July 11^th at 6:00 p.m.

Council reviewed correspondence from City Attorney, Gay Tollefson, in regard to the Veteran's Living Memorial's request to be classified as a park under the City's Park/Recreational Free Water Policy. According to Tollefson, the City is able to classify them as a park pursuant City Ordinance #3-101 defining "parks" as well as outlined in the City's "Free Water" policy and definition adopted in December 2000.

Council Member Kangas stated that the memorial would greatly appreciate the free water and they are currently soliciting maintenance funds for the memorial.

Following discussion, motion was made by Palecek, seconded by Schofield to classify the Veteran's Living Memorial as a park under the City's Park/Recreational Free Water Policy. Motion carried with all members present voting aye. Note:  Council Member Kangas abstained from the vote.

Council reviewed the following quote from New Deal Tire to remove the tires located at the City's Rubble Site:  $170 per ton (100 tires equal approx. one ton); $1.70 per passenger tire; $2.60 per light truck tire; $9.45 per truck tire; or $32.00 or below per tractor tire.

It was also noted that the City could possibly contract with them on "an as needed" basis to keep the tire pile at a manageable level at the Rubble Site to comply with our State Permit requirements.

Motion was then made by Arthur, seconded by Palecek to approve hiring New Deal Tire to remove the tires located at the City Rubble Site on a continuous basis as needed. Motion carried.

Council reviewed an estimate presented from SPN & Assoc. to design a new pool deck. The estimated cost for the design is $9700, which is an eligible cost that can be financed utilizing the Pool Restricted Cash Fund. It was noted that previously, local contractors have requested a design for the deck to allow for correct drainage.

Motion was made by Palecek, seconded by Arthur to authorize SPN & Assoc. to design a new pool deck at the estimated cost of $9700. Motion carried.

Joe Gittings, Centennial Committee Chairman, addressed the Mayor and Council with a recap from the Centennial Celebration. He expressed his sincere appreciation to the City for their help. It was noted that good comments have been received from Centennial goers. The estimated attendance count overall for the Celebration is over 2,500; with over 1,500 at the Bronc Ride, approx. 1,375 at the Fire Dept. BBQ luncheon, over 1,400 at the All School Reunion Banquet and approx. 186 parade entries.

Gittings stated that all in all, he was satisfied with the Celebration. The security personnel hired by the Chamber also complimented the Centennial goers. For the amount of people, there were very few problems.

Mayor, Council and those in attendance thanked Gittings and all of the Centennial Committees for their hard work in making it a successful celebration.

New Business:

Oaths of Office were taken by Council Members Monte Palecek and David Schofield. Dan Walker's oath of office was tabled due to his absence and will be done at the August meeting. Palecek and Walker filed uncontested nominating petitions and were duly elected to two-year-terms with the exception of Schofield who was appointed to a two-year-term, all representing their respective wards.

An election of Council Officers was held for President and Vice-President for July 2007 through June 2008.

Motion was made by Arthur, seconded by Chin that nominations cease and a unanimous ballot be cast for Monte Palecek as Council President. Motion carried with all members voting aye.

Motion was then made by Palecek, seconded by Kangas that nominations cease and a unanimous ballot be cast for Greg Arthur as Council Vice-President. Motion carried with all members voting aye.

Mayor Hart presented the 2007/2008 Council Committee Appointments as follows, noting that minor changes were made.

Street                           Police                           Water                           Building

Palecek                        Kangas                         Walker                         Arthur

Chin                             Palecek                        Chin                             Walker

Walker                         Walker                         Kangas                         Palecek

Budget                         Garbage                       Airport                         Rec./Health

Palecek                        Schofield                      Kangas                         Schofield

Kangas                         Arthur                          Schofield                      Arthur

Schofield                      Chin                             Arthur                          Chin

Council reviewed the following building permits as presented: Janie Kennedy - fence;      Dustin Lurz for Gerry Carley - bore new sewer line; First Lutheran Church - sidewalk; Brian Mills - move shed; Heath Morrison - replace sidewalk & 8' x 8' deck; Shelly Neilan - fence; and, Warren Walker - 14' x 32' carport.

Following review, motion was made by Arthur, seconded by Schofield to approve the above listed permits as presented. Motion carried.

At 7:15 p.m., as previously advertised, Mayor Hart announced that it was time to open bids for LP/Propane Gas and #01 Heating Fuel delivered for the year, retroactive to July 01, 2007 through June 30, 2008.

Mayor Hart called for any bids from the floor. With none forthcoming and none received prior to the meeting, motion was made by Palecek, seconded by Arthur to re-advertise for bids for opening at the August meeting. Motion carried.

Council reviewed a special events license application for the Konst/Lurz/Steakhouse Poker Run to be held July 28, 2007. It was noted that the alley closure will not impede on Barry Knutson's or 73 Bar's properties, it will affect Petersen's property in which written permission has been received.

Chief Graham reviewed the application and voiced no concerns as long as it goes as stated in the application.

Motion was made by Kangas, seconded by Schofield to approve the special events license application as presented for the Konst/Lurz/Steakhouse Poker Run on July 28, 2007. Motion carried with all members voting aye.

Department Reports:

At this time, FO Van Lint presented the Finance Office quarterly report. Year to date revenues, expenditures, certificates of deposit and the following depository disclosure were reviewed.

Van Lint went on to review the available funds from the Rubble Site Surcharge as well as the Garbage Fund Restricted cash that have both been designated to purchase additional land for expanding the City's Rubble Site. She stated that the Council will need to determine if they want to keep the surcharge in place or remove it. The cost to purchase additional land is unknown at this time, but will need to be pursued in the near future.

Council Members Arthur voiced his concern as to whether or not the City will be able to locate and purchase land close to the current rubble site. He noted that the City may be required to move the Rubble Site to a different location, which would be a huge investment with many additional regulations and requirements and mandates through the State permitting process.

The Rubble Site Surcharge will be reviewed during budget meetings.

The sales tax collections from January through June 2007 were reported at $175,851.11.

The 2008 budget meetings will begin on July 17^th, 2007. A schedule will be provided at a later date.

The quarterly Airport report was reviewed.

Mayor Hart reviewed the annual airport inspection report completed on June 20, 2007. One deficiency was noted as the grass needs trimmed around the cross-wind marker cones, which will be completed in the near future.

The monthly Police Dept. report was presented and reviewed with Chief Graham.

Chief Graham stated that overall, he was impressed with the Centennial Celebration with only a few problems being noted, i.e. the sale of beer in the open container glasses Saturday afternoon. He stated that any problems were corrected and the patrons understood. In his opinion, the extra security helped with preventing any major problems.

Council Member Palecek questioned if Graham would be in favor of allowing another event as the Centennial? Graham reiterated that it was he understanding that this was a one time deal, but would consider another similar event it if it was smaller.

The monthly Street Dept. report was reviewed.

The monthly Water Dept. report was reviewed.

Council reviewed correspondence from West River/Lyman Jones Rural Water Systems, Inc. (WR/LJ) manager, Jake Fitzgerald, relative to a water restrictions directive. The directive was received on Friday, June 29^th and approved for implementation on that day. Notices in the newspaper and website are being published and the restrictions, as follows, are in effect until otherwise notified by WR/LJ.

Those properties located east of Hwy 73 (aka Larimer Ave.) are allowed to water outside on Monday, Wednesday, Friday between the hours of 6 am-10 am &

6 pm-10 pm

Those properties located west of Hwy 73 (aka Larimer Ave.) are allowed to water on Tuesday, Thursday, Saturday between the hours of 6 am-10 am & 6 pm-10 pm

No outside watering is allowed on Sundays.

*Violations of these restrictions are subject to a $50 fine plus court costs.

At 7:30 p.m., Mayor Hart announced that it was time to open quotes for the Quarterly Pest Control Services as solicited.

Mayor Hart opened the following two quotes for services beginning in July 2007 and ending on July 31^st, 2009:

            Ingram's Pest Service, Inc. - $75.00 per quarter plus $4.90 per manhole

            Ecolab Pest Elimination Division - $159.00 per quarter plus manhole bait

                        as needed and at additional cost (price determined by type and quantity)

Following review, motion was made by Kangas, seconded by Palecek to accept the low quote from Ingram's Pest Service, Inc. for quarterly pest control services in the amount of $75.00 per quarter plus $4.90 per manhole beginning July 2007 and ending on July 31^st, 2009. Motion carried with all members voting aye.

Motion was made by Palecek, seconded by Arthur to approve the 1^st reading of Ordinance, #2007-02, Establishing Chapter #16, Flood Damage Prevention Ordinance. With this being a comprehensive regulation established by the Federal Emergency Management Agency (FEMA), publishing of the entirety of this ordinance is not required (SDCL 9-19-7). A copy of the Ordinance is on file in the Finance Office. Motion carried with all members voting aye.

Motion was made by Arthur, seconded by Palecek to approve the City of Philip's Floodplain Development Permit Application. This permit application will need to be completed prior to any building and/or excavation work being done within the designated flood plain area. A copy is on file in the Finance Office. Motion carried.

Motion was made by Kangas, seconded by Palecek to approve Resolution #2007-03, Authorizing Use of General Fund Restricted Cash for the Purchase of a New Police Vehicle. Motion carried with all members voting aye.

RESOLUTION #2007-03

AUTHORIZING USE OF GENERAL FUND

RESTRICTED CASH

FOR THE PURCHASE OF A NEW POLICE VEHICLE

BE IT RESOLVED by the City Council of the City of Philip, South Dakota, that the Finance Officer is hereby authorized and directed to utilize $21,000.00 of the $24,125.00 accumulated restricted cash in the General Fund reserved for Police Equipment and authorized in the 2007 Annual Appropriations Budget (Ord. #2006-19) for the purpose of purchasing a new vehicle for the Police Department.

Dated this 2^nd day of July 2007.

                                                                                    /s/John F. Hart, Mayor

ATTEST:

/s/Monna Van Lint, Finance Officer

(Publish:  July 12, 2007)

Council reviewed the following resolution, noting that this is required prior to the City applying for SD Land and Water Conservation grant funds for the pool deck.

Motion was made by Arthur, seconded by Chin to approve Resolution #2007-04, Authorizing Application for US of America and State of S.D. Land & Water Conservation Fund Grant. Motion carried with all members voting aye.

RESOLUTION #2007-04

AUTHORIZING APPLICATION FOR US OF AMERICA AND

STATE OF SOUTH DAKOTA LAND AND WATER CONSERVATION FUND

GRANT

WHEREAS, the United States of America and the State of South Dakota have authorized the making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to aid in financing the acquisition of and/or construction of specific public outdoor recreation projects;

NOW, THEREFORE BE IT RESOLVED:

• 1. That John F. Hart, Mayor, is hereby authorized to execute and file an application on behalf of the City of Philip, South Dakota with the National Park Service, U.S. Department of the Interior, through the State of South Dakota, Department of Game, Fish and Parks, Division of Parks and Recreation, for a LWCF grant and in financing the City of Philip Municipal Swimming Pool renovations for the City of Philip, South Dakota and its Environs.

• 2. That John F. Hart, Mayor, is hereby authorized and directed to furnish such information as the above mentioned federal and/or state agencies may reasonably request in connection with the application, which is hereby authorized to be filed.

• 3. That the City of Philip, South Dakota shall provide 50% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of construction, for the reasonable life expectancy of the facility.

• 4. That the City of Philip, South Dakota shall continue to dedicate for park and recreation purposes, in perpetuity, or for the length of the lease if land is leased, the real property identified in the authorized application.

Approved this 2^nd day of July 2007.

                                                                                    /s/ John F. Hart, Mayor

ATTEST:

/s/Monna Van Lint, Finance Officer

(Published:  July 12, 2007)

Motion was made by Palecek, seconded by Kangas to approve the 2008 budget request from SD Central Enhancement District in the amount of $850. Motion carried.

Public Comments:

FO Van Lint, on behalf of herself and Jerry Kroetch as the Community Sign Project Coordinators, expressed their sincere appreciation to everyone who assisted in any way to complete the Community Sign Project.

She stated that all of the signs are unique and there is one located at each entrance into Philip. The west entrance sign is landscaped and lighted. The south and north entrance signs were completed by the local National Mutual Benefit Branch and the local Future Farmers of America group.

She further stated that there are some donated funds remaining and would like to consider lighting the east entrance sign. She stated that installation of the lighting would be paid for with the funds remaining in the Community Sign Projects account, but asked the Council to consider paying the monthly electric charge of approx. $12.48.

No action was taken.

Other Business:

The SD DOT will be hosting a public hearing on the five (5) year Statewide Transportation Improv. Program at 7:00 p.m. on July 24^th at the Kings Inn in Pierre and July 26^th at the Civic Center in Rapid City. Everyone is encouraged to attend to support the Hwy 73 project for 2008. (This project would include the bridge south of Midwest Cooperatives and Dakota Mill & Grain, south to the interstate.) 

Mayor, Council and those in attendance gave a big round of applause to the community for a successful Centennial Celebration and to Walker Refuse for supplying all of the dumpsters during the events.

Motion was made by Arthur, seconded Kangas to terminate the electric service from the pump house on the Lake Waggoner dam grade to the old water plant building. Motion carried.

City offices will be closed on Wednesday, July 4^th, in honor of the 4^th of July holiday.

The next Regular Council Meeting is Monday, August 6^th at 7:00 p.m. in the Community Room.

With no further business to come before the Council, a motion was made by Kangas to declare the meeting adjourned at 7:52 p.m.

                                                           /s/John F. Hart, Mayor

ATTEST:

/s/Brittany Smith, Deputy Finance Officer

(Publish:  July 12^th, 2007)