July 20

The Groton City Council met on the above date at 7pm at City Hall for their regular second monthly meeting with the following members present: Hendrickson, Nyberg, Brotherton, Hamilton, Heitmann, Anderson, and Mayor Olson presiding.

Moved by Brotherton and seconded by Anderson to approve the minutes as read. All members present voted aye.

Moved by Hamilton and seconded by Nyberg to approve the following resolution. All members present voted aye.

RESOLUTION NO. 2009-720

A RESOLUTION TO AUTHORIZE THE FILING OF AN APPLICATION FOR A GRANT UNDER SECTION 5311 OF THE SURFACE TRANSPORTATION ASSISTANCE ACT.

WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration (FTA) to support capital and operating assistance projects for nonurbanized public transportation systems Section 5311 of the Surface Transportation Assistance Act, and

WHEREAS, the South Dakota Department of Transportation, Division of Finance and Management, Office of Local Transportation Programs has been designated by the Governor to administer Section 5311; and

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including provision by it of the local share of project costs;

NOW, THEREFORE, BE IT RESOLVED BY the City of Groton

That Arlis Doeden is authorized to execute and file an application on behalf of Groton Community Transit, Inc. with the South Dakota Department of Transportation to aid in the financing of capital and/or operating assistance projects pursuant to Section 5311 of the Surface Transportation Assistance Act.

That Arlis Doeden, is authorized to furnish such additional information as SDDOT may require in connection with the application or the project.

Moved by Heitmann and seconded by Hamilton to approve the following resolution. All members present voted aye.

RESOLUTION 2009-720-2

A RESOLUTION OF FINANCIAL COMMITMENT, RESPONSIBILITY FOR ROAD MAINTENANCE, AND SUPPORT FOR PROJECT

WHEREAS, the City of Groton is applying for a Community Access Grant through the South Dakota Department of Transportation (SDDOT) for the City of Groton, and

WHEREAS, the SDDOT requires a 40 percent local match for the construction costs of a project up to a specified amount; and

WHEREAS, the SDDOT required the local government agency to be responsible for the maintenance of improved road; and

WHEREAS, the City of Groton is in full support of this project and grant application;

THEREFORE, BE IT RESOLVED that the City of Groton will provide the local match needed to supplement the SDDOT grant. This match will be 40 percent of the construction costs as shown in the grant application.

THEREFORE, BE IT ALSO RESOLVED that the City of Groton will be responsible for maintenance of the improved road; and

THEREFORE, BE IT ALSO RESOLVED that the City of Groton expresses their full support and cooperation to the road improvement project and the SDDOT CAG application.

Moved by Hendrickson and seconded by Brotherton to approve the following resolution and set the sewer bond election for Sept 1, 2009. All members present voted aye.

RESOLUTION NO. 2009-720-1

A RESOLUTION DECLARING NECESSITY AND EXPEDIENCY FOR ISSUANCE OF UTILITY REVENUE BONDS, CALLING AN ELECTION THEREFORE AND HIRING PROFESSIONALS IN CONNECTION THEREWITH

WHEREAS, City of Groton (the “City”) by and through the Common Council hereby finds it necessary to repair and reconstruct sanitary sewer mains and a lift station (the “Project”), if so approved by the voters; and

WHEREAS, the City is authorized to issue bonds pursuant to SDCL 9-40 and Article XIII Section 4 to pay for the construction of the Project , if so approved by a majority of the voters, and copies of said preliminary plans on file with the City Finance Officer; and

WHEREAS, pursuant to Article XIII Section 4 no bonds may be issued unless authorized by a majority vote of the people.

BE IT RESOLVED by the Common Council of City of Groton, South Dakota, as follows:

1. Declaration of Necessity. It is hereby found, determined and declared that it is necessary and expedient for this City to borrow money by issuing its Utility Revenue bonds in an amount not exceeding $420,000 payable from 1 and not to exceed 40 years from date of issuance, bearing interest payable at such times and at such rate or rates as may be determined by the Common Council, for the purpose of repairing and reconstructing sanitary sewer mains and a lift station, if so approved by the voters.

2. Election. The question of authorizing the issuance of such bonds shall be submitted to the qualified electors of the City at a bond election which is to be held on the September 1, 2009, between the hours of 7:00 o’clock a.m. and 7:00 o’clock p.m. The question shall be in substantially the following form:

SHALL THE CITY OF GROTON, SOUTH DAKOTA, ISSUE ITS NEGOTIABLE UTILITY REVENUE BONDS IN AN AMOUNT NOT EXCEEDING $420,000, PAYABLE SOLELY FROM THE REVENUES OF THE UTILITY AND CONSTITUTING CONSTITUTIONAL DEBT UNDER ARTICLE XIII SECTION 4, BEARING INTEREST AT SUCH RATES AS MAY BE DETERMINED BY THE COMMON COUNCIL, PAYABLE AND MATURING FROM 1 AND NOT TO EXCEED 40 YEARS AFTER THE DATE OF ISSUANCE, FOR THE PURPOSE OF REPAIRING & RECONSTRUCTING SANITARY SEWER MAINS AND A LIFT STATION.

SHALL THE ABOVE PROPOSITION BE APPROVED AND THE BONDS ISSUED?

3. Polling places and Judges. Polling places and judges and clerks for said election shall be selected according to South Dakota Law.

4. Voter Registration Deadline. The City Finance Officer is hereby authorized and directed to give notice of voter registration and deadline therefore, as required by law. The deadline for voter registration shall not be less than fifteen (15) days prior to the election. The City Finance Officer shall give notice of the availability of registration officials and state when registration will be terminated and the effect of a failure to have registered. Such notice shall be published in official newspapers of the City at least once each week for (2) two consecutive weeks, the last publication to be not less than (10) ten nor more than (15) fifteen days before the deadline for registration.

5. Notice of Election. The City Finance Officer is hereby authorized and directed to give notice of bond election, said notice to be published in the official newspaper for the County, once each week for two (2) successive weeks before said date of election. The second notice shall be published not less than four (4) nor more than ten (10) days before the election.

6. Ballots. The City Finance Officer is authorized and directed to cause printed ballots to be prepared for use at said election in substantially the form on file with the City Finance Officer and to publish said form once at least ten (10) days prior to the election.

7. Canvass. Said election shall be held and conducted and the votes cast thereat shall be counted, certified and canvassed according to law, and this Common Council shall meet at the regular meeting room in City of Groton, South Dakota, in the City for the purpose of canvassing the results thereof no later than six (6) calendar days after said election.

8. Hiring of Professionals. Meierhenry Sargent LLP of Sioux Falls, South Dakota are hereby designated as bond counsel for this issue. The Mayor and City Finance Officer are authorized to execute such documents as are necessary to carry out the intent of this paragraph.

Moved by Anderson and seconded by Nyberg to approve the following resolution. All members present voted aye.

RESOLUTION NO. 2009-720-4

RESOLUTION OF INTENT TO LEASE SWIMMING POOL IN

CONNECTION WITH LEASE FINANCING

BE IT RESOLVED that the City intends to lease the swimming pool property in connection with the lease financing approved in Resolution 2008-1117 adopted November 17, 2008. Prior to execution, a hearing is required pursuant to SDCL 9-12-5.2. The Finance Officer is Directed publish notice of the hearing not less than 10 days prior to the hearing.

Discussion was held on renting the swimming pool for private parties. Moved by Hendrickson and seconded by Hamilton to rent the pool only to a responsible adult, for 2 hour periods at arranged times other than normally scheduled hours and not after 11pm, with the swimming pool manager coordinating standard lifeguard protection for $100.00 plus the costs for the lifeguards. There is no alcohol and no smoking on the premises at any time. All members present voted aye.

Newspaper quotations were opened.

Dakota Press - $.255/legal line; $3/col inch display; $3.00/20 words classified ad

Groton Independent - $.25/legal line; $3/col inch display; $3.50/30 words classified ad

Moved by Hendrickson and seconded by Heitmann to accept low quotation of $.25/legal line; $3/col inch display and $3.00/20 words classified ad and offer these rates to both papers to be official newspapers. All members present voted aye. Both publishers were present and accepted these terms. Dakota Press and Groton Independent are official newspapers.

Moved by Nyberg and seconded by Hamilton to name Wells Fargo, Groton; 1st State Bank of Groton; SD Public Funds Investment Trust; and Dacotah Bank, Aberdeen, as official depositories. All members present voted aye.

Moved by Brotherton and seconded by Hendrickson to raise the rate of pay to $7.25/hr for all recreation workers currently under that amount to coincide with raise of the minimum wage on July 25, 2009. All members present voted aye.

August 9, 2009 was set for the grand opening of the swimming pool. A watermelon feed at 3pm for the children at the pool will be held. A program and ribbon cutting and the give away for the John C Green painting will be at 5pm. A pork sandwich supper will be provided at 5:30pm-7pm. Council members were encouraged to attend and assist with serving.

Mayor Olson congratulated the PeeWee Baseball team for winning the state championship and the Legion and Jr. Teener baseball teams for wins to advance to the state tournaments.

A request for a stop sign on N 3rd St at E 7th Ave was granted on a motion by Heitmann and seconded by Hamilton. All members present voted aye.

Dusty streets were discussed. Moved by Hamilton and seconded by Heitmann to authorize up to 15 blocks of chloride treatment application. All members present voted aye.

Moved by Anderson and seconded by Nyberg to adjourn into executive session at 7:54pm to discuss personnel and legal matters. All members present voted aye. Council reconvened into regular session at 8:21pm.