HomeMy WebLinkAbout2018_01_23 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, January 23, 2018
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion, unless a member of the
Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
3.A. Action to approve the agenda.
3.B.ID 2018-0035 Action to approve the January 9, 2018 City Council Minutes.
MinutesAttachments:
3.C.ID 2018-0033 Action to approve Volunteer 2018 Listing for Work Comp Coverage.
Volunteer ListAttachments:
3.D.RES 18-006 Action on Resolution 18-006, a Resolution Fixing Time and Place for
Hearing Upon Assessment Roll for Alley Assessment Project
Page 1 City of Brookings
January 23, 2018City Council Meeting Agenda
2017-05STA, Alley from 1st Street South to 2nd Street South between 5th
Avenue South and 6th Avenue South.
ResolutionAttachments:
3.E.RES 18-007 Action on Resolution 18-007, a Resolution Fixing Time and Place for
Hearing Upon Assessment Roll for Sidewalk Assessment Project No.
2017-01SWR, (2017 Sidewalk Repair Sites).
ResolutionAttachments:
3.F.RES 18-008 Action on Resolution 18-008, a Resolution to purchase two marked Police
Sedans off the South Dakota State Bid.
ResolutionAttachments:
3.G.ID 2018-0039 Action on Abatement of Property Taxes for Ayres Properties LLC, 821
Regency Court, in the amount of $402.00, legal description: S 10’ of Lot 1,
All Lot 2, Block 2, Roberts Second Addition.
Abatement ApplicationAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
5.B. SDSU Student Association Report.
5.C.ID 2018-0008 Presentation of annual Dr. Martin Luther King, Jr. Day Awards by the
Brookings Human Rights Commission.
Press ReleaseAttachments:
6. Contracts/Change Orders:
6.A.RES 18-005 Action on Resolution 18-005, a Resolution approving the First Lease
Amendment for Communications Tower with NCWPCS MPL 32-Year
Sites Tower Holdings, LLC.
Resolution
Amended Lease
Memo - 1st Lease Amendment
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Page 2 City of Brookings
January 23, 2018City Council Meeting Agenda
7. Ordinance First Readings:
No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read
and the date for the public hearing is announced.
7.A.ORD 18-001 Introduction and First Reading on Ordinance 18-001, an Ordinance
pertaining to a Conditional Use Permit to establish a mixed
business/residential use for an Ambulance Service in a Business B-2A
Office District on E150’ of W454.32’ of Lot 1, Excluding S164.3’, Block 4,
Maylands First Addition (along Yorkshire Drive). Public Hearing: February
13, 2018.
Ordinance
Planning Commission Minutes 1-2-2018
Notice
Site Plan
Area Map
Attachments:
7.B.ORD 18-002 Introduction and First Reading on Ordinance 18-002, an Ordinance
rezoning Lot 1, Block 1, Christie Springs Addition; Block 4, Christie Third
Addition; and a portion of the NW ¼ of Section 2-T109N-R50W excluding
all outlots and other platted areas thereof and excluding the S640’ of the
N1062’ of the E246’ in NW ¼ of Section 2-T109N-R50W from Residence
R-1C Single-Family, Residence R-3 Apartment, and Business B-2 District
to Residence R-1D Single-Family, Residence R-2 Two-Family, and
Residence R-3 Apartment District (Fox Run Addition). Public Hearing:
February 13, 2018.
Ordinance
Planning Commission Minutes 1-2-2018
Revised Notice 12-27-17
Notice
Revised Rezoning Map 12-27-2017
Rezoning Map
Parcel Exhibit
Current Zoning
Attachments:
8. Public Hearings and Second Readings:
9. Other Business:
9.A.ID 2018-0034 Discussion and possible action on a request from Brookings
Empowerment Project (BEP) for financial assistance for Transitional
Housing Pilot Project.
Page 3 City of Brookings
January 23, 2018City Council Meeting Agenda
Funding Request
FAQ
Transitional Housing Presentation 11.28.2017
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
11. Adjourn.
Brookings City Council: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member
Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City
Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats,
and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City
ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting.
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2018-0035,Version:1
Action to approve the January 9, 2018 City Council Minutes.
Attachments:
1/9/2018 Minutes
City of Brookings Printed on 1/18/2018Page 1 of 1
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Brookings City Council
January 9, 2018 (unapproved)
The Brookings City Council held a meeting on Tuesday, January 9, 2018 at 5:00 p.m.,
at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Patty Bacon, and Ope
Niemeyer. Council Member Nick Wendell was absent. City Manager Jeff Weldon, City
Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
6:00 PM Regular Meeting
Consent Agenda. A motion was made by Council Member Hansen, seconded by
Council Member Kidwiler, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne;
Absent: 1 – Wendell.
A. Action to approve the agenda.
B. Action to approve the December 12, 2017 City Council Minutes.
C. Action on the following Planning Commission appointments: Charles D. Siver
and Gregg Jorgenson (terms expire 12/31/2022).
D. Action on Resolution 18-004, a Resolution to declare Ballistic Vest as surplus
property (Police Dept.).
Resolution 18-004 - Resolution to declare Ballistic Vest
as surplus property (Police Dept.)
Whereas, the City of Brookings purchases Ballistic Vests as a capital expenditure, and
half the cost is reimbursed from the Federal Government; and
Whereas, Officer Laurie Smith has resigned her position with the Brookings Police
department effective January 7, 2018. She will begin working for the Deuel County
Sheriff’s office and has requested to keep her ballistic vest for use in her new position;
and
Whereas, Ballistic vests are made to fit the officer they are intended for and are
male/female specific. Officer Smith’s vest would most likely not fit anyone else properly
and would be best utilized if she were to retain possession.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that
this property be declared surplus property according to SDCL Chapter 6 -13.
E. Action on Resolution 18-002, a Resolution directing preparation of the
Assessment Roll, dividing Assessments into Installments, and providing for the
collection thereof for Alley Assessment Project 2017 -05STA, Alley from 1st Street
South and 2nd Street South between 5th Avenue South and 6th Avenue South.
Resolution 18-002 - Resolution Directing Preparation of Assessment Roll, Dividing
Assessments into Installments, and providing for the collection thereof for Alley
Assessment Project 2017-05STA, Alley from 1st Street South to 2nd Street South
between 5th Avenue South and 6th Avenue South
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed since the adoption and publication of
Resolution of Necessity 16-103 for Alley Assessment Project 2017-05STA. The
referendum has not been invoked, and no written protests against the making of said
improvement have been filed with the City Manager.
2. A contract for Alley Assessment Project 2017-05STA has been duly executed, and
the City Council is authorized to levy special assessments pursuant to the provisions of
chapter 9-43, SDCL 1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made
and filed in her off ice showing the total cost of said improvement as follows:
Final contract price: $33,317.05
Engineering, inspection, fiscal,
legal expense, publication $ 1,761.69
Total Expense $35,078.74
4. The total cost of said improvement shall be paid as follows:
Assessable costs $29,361.50
City costs: sidewalk & alley approach $ 3,955.55
5. There shall be made and filed in the office of the City Clerk an assessment roll for
said improvement. The costs for the alley shall be assessed against all abutting lots
and tracts of land on the basis of front foot upon each lot or tract of land contiguous to
the alley constituting said improvement.
6. The assessment for all assessable properties shall be divided into five (5) equal
annual installments and interest of ten (10) percent per annum shall accrue on the
unpaid balance of the assessment.
7. Unless paid to the City in advance of maturity, the assessments shall be collected by
the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL
1967, as amended.
F. Action on Resolution 18-003, a Resolution directing preparation of the
Assessment Roll, dividing Assessments into Installments, and providing for the
collection thereof for Sidewalk Assessment Project 2017-01SWR (2017 Sidewalk
Repairs).
Resolution 18-003 - Resolution Directing Preparation of Assessment Roll, Dividing
Assessments into Installments, and Providing for the Collection thereof for Sidewalk
Assessment, Project 2017-01SWR (2017 Sidewalk Repairs)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed since the adoption and publication of
Resolution 16-045 and Resolution 17-061, Resolution Determining the Necessity of
Repairing or Installing Sidewalks for Sidewalk Assessment Project No. 2017-01SWR.
The referendum has not been invoked, and no written protests against the making of
said improvement have been filed with the City Manager.
2. A contract for Sidewalk Assessment Project No. 2017-01SWR has been duly
executed, and the City Council is authorized to levy special assessments pursuant to
the provisions of chapter 9-43, SDCL 1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made
and filed in City Hall showing the total cost of said improvement as follows:
Contract price $207,585.91
Engineering, inspection, fiscal,
legal expense, publication $ 2,030.15
Total Expense $209,616.06
4. The total cost of said improvement shall be pa id as follows:
City Repair Costs $173,750.11
Assessable costs $ 33,835.80
5. There shall be made and filed in the office of the City Clerk an assessment roll for
said improvement. The assessments shall be on the basis of benefits upon each lot o r
tract of land contiguous to the sidewalk constituting said improvement.
6. The assessment shall be divided into five (5) equal annual installments for all
amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be
due.
7. Unless paid to the City in advance of maturity, the assessments shall be collected by
the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL
1967, as amended.
8. The interest rate to be borne by the unpaid installments of th e special assessment is
ten percent (10%).
G. Action to abate the 2016, 2017 and 2018 Drainage Fees and interest for Parcel
Number 40490-01400-000-00, otherwise known as railroad right-of-way in the
Fourteenth Railroad Addition in the City of Brookings, South Dakota (2016 in the
amount of $13.28, 2017 in the amount of $3.63, 2018 in the amount of $3.57, for a total
of $20.48).
H. Action on a Preliminary Plat of Lots 24-28, Block 7; Lots 6-32, Block 10; Lots 1-
5, Block 11; Lots 1-21, Block 12; Lots 1-12, Block 13; Lots 1-19, Block 14; Lots 1-
13, Block 15; Lots 1-29, Block 16; all of Timberline Addition.
I. Action on a Preliminary Plat for Lots 15-21, Block 11 of Bluegill Second
Addition.
Brookings Regional Humane Society. Bill Davidson, Brookings Regional Humane
Society (BRHS), gave a presentation on the financial status of the organization and
submitted the following requests: 1) Financial support for facility and operational costs
related to the increasing animals received from the city and county; 2) Engage in
developing a long-term partnership plan to create a more sustainable community
organization, 3) Acknowledgement of local government to BRHS as a key part of the
local community and commitment to this necessary public service. The BRHS sees the
next steps as forming a Task Force to develop and review options to accomplish
requests and come back to City and County with proposed options by May 2018. The
Task Force would be made up based on input from the city and county, with a proposed
board comprised of the Mayor or Appointee (as chair), Council Member, Commissioner,
BRHS Director, BRHS Board Member (with activity/research support from full board),
and Citizen Member (1 to 3).
A motion was by Mayor Corbett, seconded by Council Member Kidwiler, to establish a
task force to look at a sustainable strategic plan for the Brookings Regional Humane
Society and report back to the City Council no later than May 22, 2018. The motion
carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and
Tilton Byrne; Absent: 1 – Wendell.
On-Off Malt Alcohol License. A public hearing was held on a request for an On-Off
Malt Alcohol License for a Brewpub at 126 Main Avenue South, Sean Weber, owner,
legal description: Lots 1, 2, and 3, Block 4, Folsom Addition. A motion was made by
Council Member Niemeyer, seconded by Council Member Kidwiler to approve. The
motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler,
Bacon, and Tilton Byrne; Absent: 1 – Wendell.
Ordinance 17-026. A second public hearing was held on Ordinance 17 -026, an
Ordinance amending Section 94-398 of the Zoning Ordinance, pertaining to fences,
walls, and hedges. Public Comment: Josh Westwig and Nick Schmeichel (representing
Brian Sander). A motion was made by Council Member Bacon, seconded by Council
Member Kidwiler, that Ordinance 17-026 be approved. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne ;
Absent: 1 – Wendell.
Ordinance 17-031. A second reading was held on Ordinance 17-031, an Ordinance
Revising Article IV, Site Runoff and Sediment Control, of Chapter 72, Storm Drainage,
of the Code of Ordinances of the City of Brookings and Pertaining to Operation and
Maintenance of Best Management Practices in the City of Brookings, South Dakota. A
motion was made by Council Member Hansen, seconded by Council Member
Niemeyer, that Ordinance 17-031 be approved. The motion carried by the following
vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1
– Wendell.
Ordinance 17-032. A public hearing was held on Ordinance 17-032, an Ordinance
rezoning a portion of the West 1,029’ of the East 1,515’ of S½ of the NW¼ of Section
34-T110N-R50W from Residence R-1C Single Family District to Residence R-3
Apartment District; Residence R-1C to Residence R-2 Two-Family District; Residence
R-3 Apartment District to Residence R-1C Single Family District; and Residence R-2
Two-Family District to Residence R-1C Single Family District (Timberline Addition). A
motion was made by Council Member Hansen, seconded by Council Member Kidwiler,
that Ordinance 17-032 be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.
Ordinance 17-033. A public hearing was held on Ordinance 17-033, an Ordinance
rezoning a portion of Bluegill Second Addition; a portion of Bluegill Third Addition; and
the SE ¼ NE ¼ excluding W 44’ thereof and excluding N 30’ and excluding the E 300’
thereof and excluding platted areas, all in Section 1-T109N-R50W from an A,
Agricultural District to Residence R-1D Single Family District. A motion was made by
Council Member Hansen, seconded by Council Member Kidwiler, that Ordinance 17-
033 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer,
Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.
Ordinance 17-034. A second reading was held on Ordinance 17-034, an Ordinance
Amending the Landscaping Regulations. A motion was made by Council Member
Niemeyer, seconded by Council Member Hansen, that Ordinance 17-034 be approved.
The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler,
Bacon, and Tilton Byrne; Absent: 1 – Wendell.
Resolution 18-001. A public hearing was held on Resolution 18-001, a Resolution
authorizing a Real Estate Exchange Agreement between the City of Brookings and
John H. Mills and Prairie Hills LLC. A motion was made by Council Member Hansen,
seconded by Council Member Niemeyer, that Resolution 18-001 be approved. The
motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler,
Bacon, and Tilton Byrne; Absent: 1 – Wendell.
Resolution 18-001 - Resolution authorizing Real Estate Exchange Agreement between
the City of Brookings and John H. Mills and Prairie Hills LLC
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, for the purpose of acquisition of real property for the location of a sanitary
sewer lift station and to provide additional land for the recreational trail of the City of
Brookings (“City”), the City desires to acquire from John H. Mills and Prairie Hills LLC
(“Prairie Hills”), the following described property:
Tract 1.
Lots Fifty-three “A” (53A), Fifty-three “B” (53B) and Fifty-three “C” (53C) of
Sioux Village of Indian Hills Addition to the City of Brookings, County of
Brookings, State of South Dakota.
Tract 2.
Lot One “B” (1B) of Block 17 of Prairie Hills Addition to the City of Brookings,
County of Brookings, State of South Dakota, and
Whereas, the City of Brookings no longer requires the following described property
because an electric substation previously located upon this property has been relocated
and therefore proposes to exchange the following described property in exchange for
the above-described property:
Tract 3.
Lots Fifty (50), Fifty-one (51) and Fifty-one “A” (51A) of Sioux Village in Indian
Hills Addition, City of Brookings, County of Brookings, State of South Dakota;
and
Whereas, the City of Brookings has determined the exchange of the above-
described properties for the purposes set forth above is in the best interests of
the City of Brookings;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. That the City of Brookings acquire title to Tracts One (1) and Two (2) of
the above-described real property from John H. Mills and Prairie Hills LLC
for the purposes of obtaining a location for a sewer lift station and for
recreational trail purposes; and
B. That the City of Brookings pay the sum of $7,456.46 and to convey title to
Tract Three (3) to an entity designated by John H. Mills in exchange for
Tracts One (1) and Two (2); and
C. That the Mayor, City Clerk, City Manager and City Attorney are authorized
to execute a Real Estate Exchange Agreement and other required
documents in accordance with this Resolution.
Swiftel Center Remodeling. A motion was made by Council Member Kidwiler,
seconded by Mayor Corbett, that the scope of work and proposed project for remodeling
of the County Resource Center for the Swiftel Center, be approved. The motion carried
by the following vote: Yes: 4 - Corbett, Niemeyer, Kidwiler, and Bacon; No: 2 - Hansen,
and Tilton Byrne; Absent: 1 – Wendell.
National League of Cities Conference & Exposition Report. Council Members
presented information on their experience at the National League of Cities Conference
& Exposition held November 15-18, 2017 in Charlotte, NC.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, to adjourn the meeting at 7:49 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2018-0033,Version:1
Action to approve Volunteer 2018 Listing for Work Comp Coverage.
Summary:
Please review for approval the listing of Volunteers for City of Brookings for January 2018 and it is
the intent of the City Council to cover these volunteers for work comp purposes pursuant to SDCL 62-
1-5.1
Recommendation:
Staff recommends approval.
Attachments:
Volunteer List
City of Brookings Printed on 1/18/2018Page 1 of 1
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2018 CITY OF BROOKINGS VOLUNTEER LISTING
Brookings City Fire Dept. Volunteers
Volunteer Firefighters
Major Anderson
Kurt Athey
Tim Austin
Kevin Banken
Alex Berkness
Derek Brown
Dan Bruna
Bret Christianson
Tom Coughlin
Mandi Cramer
Roger DeBates
Gary DeBeer
Kory DeGroot
Tyler Frick
Monte Gummer
Scott Hallan
Bill Hardin
Bob Heitkamp
Troy Herrig
Kevin Hilmoe
Dalton Holm
Dave Koch
Jim Kriese
Mike Lambertus
Brett Lawrence
Brandon Long
Joshua Mann
Lori Mergen
Dave Miller
Nick Oines
Dave Owens
Keven Perry
Steven Rensink
Jared Runge
Pastor Tim Rynearson (Fire Chaplain)
Rob Schuneman
Jeremy Scott
Michael Scott
Tabithia Scott
Austin Sechser
Luke Speakman
Curt Teal
Nathan Vandersnick
Adam Vaux
Brookings City Fire Dept. Volunteers – (continued)
Fabian Ysker
Fire Dept. Auxiliary Members
Leanne Banken
Emily Berkness
Cathy Bolzer
Natalie Brown
Tammy Bruna
Jennifer Christanson
Barb DeBeer
Sheila Gummer
Sarita Hartmann
Nicole Herrig
Rachel Holm
Diane Kriese
Katie Lambertus
Wendy Long
Jaque Mann
Debbie Perry
Taylor Rensink
Deshawn Scott
Ashley Sumner
Amber Vandersnick
Camrin Vaux
Brookings City Library Volunteers
Youth
Lily Ball
Rebekah Bonnemann
Yelyzaveta Husyeva
Bidhi Kasu
Jadyn Perry
Karac Richardson
George Roy
Isla Roy
Luke Vanderzee
Adults
Sandra Ballou
Dora Harste
Ellen Herrboldt
Mary McCaa
Norma Nielsen
Cheryl Riley
Harriet Svec
Karen Sween
Mason Wheeler
Brookings City Police Dept. Reserve Unit
Mark Anawski
Justin Borns
Kevin Catlin
Rachel (Gacke) Holm
Matt Luebbert
Jaque Mann
Joshua Mann
Jim McDaniel
Cora Olson
Ben Quam
Mark Reif
Michael Scott
Brookings City Landfill
Youth
Ayisha Abdel-Kareem
Rowan Abdel-Kareem
Shalea Aker
Kaylyn Chapman
Asher Engelmann
Hannah Engelmann
Jonah Hallan
Madilynn Hallan
Shelby Hallan
Raihanna Hartley
Catherine Klein
Raymond Klein
Brinleigh Mack
Easton Overbo
Kyan Overbo
Emily Robbins
Liberty Thompson
Maddisyn Thompson
Preston Vanderwal
Adults
Beverly Chapman
Kim Ellingson
Selina Hallan
Nicole Klein
Kenneth Larson
Sonia Mack
Laura Overbo
Susan Robbins
Bailey Thompson
Kristie Thompson
Brookings City Dakota Nature Park Volunteers
Kent Jensen
Carissa Metzger
Emily Stratmoen
Brookings City Parks Volunteers
Joshua Homann
Craig Weber
Brookings City EdgeBrook Golf Course Volunteers
Sydney Bormann
Brianna Clemenson
Nathaniel Condelli
Raejean Gee
Greg Heiberger
Paige Meester
Brookings City Park & Recreation Volunteers
Mallory Malecek
Tori Stepp
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 18-006,Version:1
Action on Resolution 18-006, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll
for Alley Assessment Project 2017-05STA, Alley from 1st Street South to 2nd Street South between 5th
Avenue South and 6th Avenue South.
Summary:
This resolution will set the public hearing date for Tuesday, February 27, 2018 for the Alley
Assessment Project 2017-05STA, Alley from 1st Street South and 2nd Street South between 5th
Avenue South and 6th Avenue South.
Background:
The City received a petition to pave the alley from 1st Street South to 2nd Street South between 5th
Avenue South and 6th Avenue South. The City Council approved the Resolution of Necessity 16-103
on December 13, 2016, authorizing the City to proceed with bidding the project. The project included
excavation, gravel and asphalt pavement and the final change order has been approved.
The City is proceeding with the process to assess the property owners with their portion of the
construction and engineering costs. The assessment for all abutting properties shall be divided into
five (5) equal annual installments and interest of ten (10) percent per annum shall accrue on the
unpaid balance of the assessment. The City will mail each property owner a notice of the public
hearing and a copy of the assessment roll which outlines the cost to each property owner.
This resolution will set the public hearing date for Tuesday, February 27, 2018 for the Alley
Assessment Project 2017-05STA, Alley from 1st Street South and 2nd Street South between 5th
Avenue South and 6th Avenue South.
Fiscal Impact:
The assessment costs will be approved with the resolution to levy the project.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 1/18/2018Page 1 of 1
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Resolution 18-006
Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Alley
Assessment Project 2017-05STA, Alley from 1st Street South to 2nd Street South
between 5th Avenue South and 6th Avenue South
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The assessment roll for Street Assessment Project No. 2017-05STA having
been filed in the office of the City Clerk on the 22nd day of January, 2018, the City
Council shall meet in the Chambers at the City & County Government Center, 520 3rd
Street, Brookings, SD on Tuesday, the 27
th day of February, 2018 at 6:00 o'clock PM,
the said date being not less than twenty (20) days from the filing of said assessment roll
for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing,
in general terms Alley Assessment Project 2017-05STA, the date of filing the
assessment roll, the time and place of hearing thereon, stating that the assessment roll
will be open for public inspection at the office of the City Engineer and referring to the
assessment roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official
newspaper at least one (1) week prior to the date set for hearing and to mail a copy
thereof, by first class mail addressed to the owner or owners of any property to be
assessed at his, her or their last mailing address as shown by the records of the
Director of Equalization at least one (1) week prior to the date set for said hearing.
Passed and approved this 23rd day of January, 2018.
CITY OF BROOKINGS
____________________________
Keith W. Corbett, Mayor
ATTEST:
______________________________________
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 18-007,Version:1
Action on Resolution 18-007, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll
for Sidewalk Assessment Project No. 2017-01SWR, (2017 Sidewalk Repair Sites).
Summary:
This resolution will set the public hearing date for Tuesday, February 27, 2018 for the Sidewalk
Assessment Project No. 2017-01SWR, 2017 Sidewalk Repairs.
Background:
This project is the annual concrete project and entails construction of miscellaneous concrete work
including curb and gutter repair, fillets, valley gutters, curb ramps, and sidewalk along vacant
property. This project also includes homeowner trip hazards that weren’t repaired in the 2016
sidewalk area, which is east of Medary Avenue South and between 6th Street and Orchard Drive and
property owners in the 2017 sidewalk area who volunteered to be in the project, which is north of 6 th
Street and east of Medary Avenue.
Resolution 16-045 was adopted on June 14, 2016 and authorized the Sidewalk Assessment Project
for the trip hazard sidewalks and Resolution 17-061 was adopted June 13, 2017 which authorized the
Sidewalk Assessment Project for the new sidewalk locations. The assessment cost for each property
owner is calculated by using their specific sidewalk cost plus a 6% fee for engineering and
administration. The City will mail each property owner a notice of the public hearing and a copy of
the Assessment Roll which details the cost of the sidewalk repairs. This resolution will set the time
and place for the public hearing, which will be held on Tuesday, February 27, 2018 at the 6:00 PM
City Council Meeting.
Fiscal Impact:
The city will collect the sidewalk assessment costs for the trip hazard repairs.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 1/18/2018Page 1 of 1
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Resolution 18-007
Resolution Fixing Time and Place for Hearing Upon Assessment Roll for
Sidewalk Assessment Project No. 2017-01SWR, (2017 Sidewalk Repair Sites)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The Assessment Roll for Sidewalk Assessment Project No. 2017-01SWR
having been filed in the office of the City Clerk on the 22
nd day of January, 2018, and
the City Council shall meet in the Chambers at the City & County Government Center,
520 3rd Street, Brookings, SD on Tuesday, the 27
th day of February, 2018, at 6:00
o'clock PM, the said date being not less than twenty (20) days from the filing of said
Assessment Roll.
2. The City Engineer is authorized and directed to prepare a notice describing,
in general terms Sidewalk Assessment Project No. 2017-01SWR, the date of filing the
Assessment Roll, the time and place of hearing thereon, stating that the Assessment
Roll will be open for public inspection at the office of the City Engineer and referring to
the Assessment Roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official
newspaper at least one week prior to the date set for hearing and to mail a copy
thereof, by first class mail addressed to the owner or owners of any property to be
assessed at his, her or their last mailing address as shown by the records of the
Director of Equalization not less than ten nor more than twenty days prior to the
hearing.
Passed and approved this 23rd day of January, 2018.
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
_____________________________
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 18-008,Version:1
Action on Resolution 18-008, a Resolution to purchase two marked Police Sedans off the South
Dakota State Bid.
Summary:
Approval is requested to purchase two 2018 Ford Interceptor sedans off the South Dakota State Bid
for $27,319.00 each. These vehicles were budgeted for as part of the City’s 2018 Capital
Improvement plan.
Background:
These Ford sedans will replace two Dodge Charger police sedans that are still in the fleet and have
reached their term requirements for service.
Fiscal Impact:
The City recommends purchasing the 2018 Ford Interceptor Police Sedans from Einspahr Auto Plaza
for $27,319.00 each.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 1/18/2018Page 1 of 1
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Resolution 18-008
Purchase of Police Vehicles
Whereas, the City of Brookings purchases police vehicles to replace in to the
fleet of the Brookings Police Department; and
Whereas, the City of Brookings has approved the replacement and purchase of
two police vehicles for the fiscal year 2018; and
Whereas, the Brookings Police Department has requested the purchase of two
marked police vehicles for the replacement of two marked police vehicles; and
Whereas, the Brookings Police Department has received an offering according to
specifications set forth from Einspahr Auto Plaza of Brookings, South Dakota for
two Ford Interceptor Sedans.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings,
SD, shall approve the purchase of two Ford Interceptor Sedans from Einspahr
Auto Plaza of Brookings, South Dakota.
Passed and approved this 23rd day of January, 2018.
City of Brookings
__________________________
Keith W. Corbett, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2018-0039,Version:1
Action on Abatement of Property Taxes for Ayres Properties LLC, 821 Regency Court, in the amount
of $402.00, legal description: S 10’ of Lot 1, All Lot 2, Block 2, Roberts Second Addition.
Summary:
This motion will authorize Brookings County to abate $402.00 from the property taxes for Ayres
Properties LLC, 821 Regency Court, located on the S 10’ of Lot 1, All Lot 2, Block 2, Roberts Second
Addition, otherwise known as Parcel No. 40510-00200-002-00.
Background:
Structures were removed after the assessment date. The house was torn down on July 12, 2017.
The garage remains.
Fiscal Impact:
The property tax revenue will be reduced by $402.
Recommendation:
Staff recommends approval.
Attachments:
Abatement Application
City of Brookings Printed on 1/18/2018Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2018-0008,Version:1
Presentation of annual Dr. Martin Luther King, Jr. Day Awards by the Brookings Human Rights
Commission.
In celebration of Dr. King’s birthday, the Brookings Human Rights Commission sponsored a poster
contest for elementary and intermediate school students and an essay contest for middle school and
high school students to help students reflect on Dr. King’s ideas and their impact on the community.
This year’s theme for the poster contest was “We may all have come on different ships, but we’re in
the same boat now.”The theme for the essay contest was “True peace is not merely the absence of
tension; it is the presence of justice.”
Mayor Keith Corbett will present the winners with their awards. All poster entries will be on display at
various downtown storefronts January 13th through 27th, on the City of Brookings website, and the
City’s Government Channel (Mediacom and Swiftel Channel 9).
Grade K-1 - Poster
Sanhita Tummala
1st Place $25.00
Dakota Prairie Elementary - 1st Grade
Teacher - Mrs. Stadler
Parents - Hemachand Tummala & Vijaya Gaddipati
Jagat Perumal
2nd Place $15.00
Dakota Prairie Elementary - 1st Grade
Teacher - Mrs. Stadler
Parents - Om Perumal & Meena Perumal
Grade 2-3 - Poster
Kingston Schneider
1st Place $25.00
Dakota Prairie Elementary - 3rd Grade
Teacher - Ms. Johnson
Parents - Josh & Megan Schneider
Abigail Peck
2nd Place - TIE $15.00
Medary Elementary - 3rd Grade
Teacher - Mrs. Bolstad
Parents - Mike & Hilda Peck
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File #:ID 2018-0008,Version:1
Quinn Ulvestad
2nd Place - TIE $15.00
Medary Elementary - 3rd Grade
Teacher - Mrs. Moen
Parents - Jesse & Erin Ulvestad
Grade 4-5 - Poster
Anika Hooda
1st Place $25.00
Camelot Intermediate School - 4th Grade
Teacher - Ms. Croymans
Parents - Davender & Ritu Hooda
Olivia Hove
2nd Place $15.00
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Madsen
Parents - Jason & Laura Hove
Essay - Middle School
Grace Enz
1st Place - TIE $100.00
Mickelson Middle School - 8th Grade
Teacher - Miss Piearson
Parents - Greg & Molly Enz
Aditya Tummala
1st Place - TIE $100.00
Mickelson Middle School - 8th Grade
Teacher - Mr. Springman
Parents - Hemachand Tummala & Vijaya Gaddipati
Olivia Foster
2nd Place $50.00
Mickelson Middle School - 8th Grade
Teacher - Miss Klein
Parents - Michael & Hillari Foster
Nithin Perumal
3rd Place $25.00
Mickelson Middle School - 6th Grade
Teacher - Mrs. Burggraff
Parents - Meenakshi Moni & Omathanu Perumal
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File #:ID 2018-0008,Version:1
Essay - High School
Nathan Cole-Dai
1st Place $100.00
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - JiHong & Phyllis Cole Dai
Jenna Schmidt
2nd Place - TIE $50.00
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Brad & Andrea Schmidt
Abigail Schuldt
2nd Place - TIE $50.00
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Troy & Kristie Woods, Chad & Kerry Schuldt
Attachments:
Press Release
City of Brookings Printed on 1/18/2018Page 3 of 3
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Brookings Human Rights Commission
City of Brookings
520 3rd St., Suite 230 / PO Box 270
Brookings, SD 57006
phone (605) 692-6281
fax (605) 692-6907
January 3, 2018
FOR IMMEDIATE RELEASE For more information contact:
Shari Thornes, Brookings City Clerk, 692-6281
Dr. Martin Luther King, Jr. – Poster & Essay Contest Winners
In celebration of Dr. King’s birthday, the Brookings Human Rights Commission sponsored a
poster contest for Brooking Elementary and Intermediate School students and an essay contest
for Brookings Middle School and High School students to help students reflect on Dr. King’s
ideas and their impact on the community. This year’s theme for the poster contest was “We
may all have come on different ships, but we’re in the same boat now.” The theme for the
essay contest was “True peace is not merely the absence of tension; it is the presence of
justice.”
Mayor Keith W. Corbett will present the winners with their awards at the City Council meeting
on Tuesday, January 23, 2018, at 6:00 p.m. All poster entries will be on display at various
downtown storefronts January 13th through January 27th, on the City of Brookings website
(www.cityofbrookings.org), and the City’s Government Channel (Mediacom and Swiftel Channel
9).
Grade K-1 - Poster
Sanhita Tummala
1st Place $25.00
Dakota Prairie Elementary – 1st Grade
Teacher – Mrs. Stadler
Parents – Hemachand Tummala & Vijaya Gaddipati
Jagat Perumal
2nd Place $15.00
Dakota Prairie Elementary – 1st Grade
Teacher – Mrs. Stadler
Parents – Om Perumal & Meena Perumal
Grade 2-3 - Poster
Kingston Schneider
1st Place $25.00
Dakota Prairie Elementary – 3rd Grade
Teacher – Ms. Johnson
Parents – Josh & Megan Schneider
Abigail Peck
2nd Place - TIE $15.00
Medary Elementary – 3rd Grade
Teacher – Mrs. Bolstad
Parents – Mike & Hilda Peck
Quinn Ulvestad
2nd Place - TIE $15.00
Medary Elementary – 3rd Grade
Teacher – Mrs. Moen
Parents – Jesse & Erin Ulvestad
Grade 4-5 - Poster
Anika Hooda
1st Place $25.00
Camelot Intermediate School – 4th Grade
Teacher – Ms. Croymans
Parents – Davender & Ritu Hooda
Olivia Hove
2nd Place $15.00
Camelot Intermediate School – 4th Grade
Teacher – Mrs. Madsen
Parents – Jason & Laura Hove
Essay – Middle School
Grace Enz
1st Place - TIE $100.00
Mickelson Middle School – 8th Grade
Teacher – Miss Piearson
Parents – Greg & Molly Enz
Aditya Tummala
1st Place - TIE $100.00
Mickelson Middle School – 8th Grade
Teacher – Mr. Springman
Parents – Hemachand Tummala & Vijaya Gaddipati
Olivia Foster
2nd Place $50.00
Mickelson Middle School – 8th Grade
Teacher – Miss Klein
Parents – Michael & Hillari Foster
Nithin Perumal
3rd Place $25.00
Mickelson Middle School – 6th Grade
Teacher – Mrs. Burggraff
Parents – Meenakshi Moni & Omathanu Perumal
Essay – High School
Nathan Cole-Dai
1st Place $100.00
Brookings High School – 9th Grade
Teacher – Mrs. Klinker
Parents – JiHong & Phyllis Cole Dai
Jenna Schmidt
2nd Place - TIE $50.00
Brookings High School – 9th Grade
Teacher – Mrs. Klinker
Parents – Brad & Andrea Schmidt
Abigail Schuldt
2nd Place - TIE $50.00
Brookings High School – 9th Grade
Teacher – Mrs. Klinker
Parents – Troy & Kristie Woods, Chad & Kerry Schuldt
Middle School Essay
1st Place - TIE
Grace Enz
Taking a Stand for Peace
Martin Luther King Jr.'s quote, "Peace is not merely the absence of tension; it is the presence of
justice," reflects inequality and injustice between races, religions, and genders. Some assume
that these problems no longer exist because we are all human. However, this belief makes it all
too easy to ignore inequalities and presents difficulties for progress toward change. Only those
who see injustice and stand up for equality solve problems and create peace.
Dr. Martin Luther King Jr. is the face and voice of the American Civil Rights Movement. In his
own life and the lives of other African Americans in the southern United States, he witnessed
inequality and strove to stand against it by peacefully protesting. Dr. King exposed himself t o
danger by publicly opposing unjust laws such as segregation of blacks in public places. He went
to jail for speaking out against Jim Crow Laws which he considered unjust. In his "Letter from
Birmingham Jail," he clarifies the difference between just and unjust laws: "A just law is a man-
made code that squares with the moral law, or the law of God. An unjust law is a code that is
out of harmony with the moral law." I think when Dr. King said "Peace is not merely the
absence of tension; it is the presence of justice," he meant that although the University of
Alabama campus was calm, peace is more than nonviolence. Peace means taking a stand
through words and actions, such as when Dr. King proclaimed his "I Have a Dream" speech in
Washington D.C.
Like Martin Luther King Jr., Malala Yousafzai saw injustice in her home country of Pakistan and
strived to tackle it. She pursued an education even when girls were not allowed to go to school,
continually facing threats and eventually being shot in the face by the Taliban on a bus coming
home from school. She was so committed to receiving an education and standing up for justice
that she risked death. Malala didn't only stand up to the Taliban for herself, but she fought and
will continue to fight for the sixty-five million girls around the world who are not in school.
Malala's Yousafzai expresses how important education is as opposed to war and violence: "One
child, one teacher, one book, one pen can change the world." Like Dr. King, Malala protests
peacefully through her words, courage, and belief in positive change despite facing danger. This
is the reason why she and Dr. King were awarded the Nobel Peace Prize in 2014 and 1964.
Black Lives Matter is a social movement whose members are fighting against anti-Black racism
and police brutality towards African American residents of the United States. After the wrongful
death of seventeen-year old Trayvon Martin, due to George Zimmerman shooting him while
walking home from a convenience store, Black Lives Matter was created. The organization
protests about police violence against Black women, racism in schools, and racial injustice in
general. Members of the social movement recognize prejudice and are working together to
promote justice for those who have previously been marginalized. People call Black Lives
Matter the Twenty-First Century Civil Rights Movement. Like Dr. Martin Luther King's Civil
Rights Movement of the 1960s, Black Lives Matter is working towards a brighter future that has
racial equality.
Dr. King spent his life working towards equality for African Americans. I think his quote "True
peace is not merely the absence of tension; it is the presence of justice" describes his goal for
the future. In the twenty-first century, Malala Yousafzai and Black Lives Matter both stand up
for their beliefs no matter the risk. Justice can only be fulfilled if people recognize inequality
and stand against it: even if that means risking death.
Middle School Essay
1st Place - TIE
Aditya Tummala
Peace, Peace, Peace. Everyone talks about peace all the time. What does it really mean? Is it
the lack of violence? Is it simply tranquility? “Peace is not merely the absence of tension but the
presence of justice.” This astounding quote was expressed by Dr. Martin Luther King Jr., a great
assiduous leader and an American Civil Rights Movement activist who served as a catalyst for
peace, love, and justice. Dr. King was heavily influenced by Mahatma Gandhi’s philosophy of
fighting for justice using non-violent means. One of my teachers always says: everything begins
with a dream and a desire to accomplish that dream. Mahatma Gandhi had a dream that a
nation could gain freedom without violence. He eventually made his dream a reality, and
through that reality, he created a trail for others to pursue. Similar to him, Dr. King had a dream
that one day, his children would be judged on their character, not their race or color which
would pave a path for a peaceful world.
Under unique circumstances, Dr. King clarified us on the meaning of peac e. In the earlier days,
the United States heavily discriminated towards people of other races and colors. It is
extremely disappointing and shameful that the United States, the country I live in and love,
once showed notorious violence towards a person simply based on their mere physical
appearance. This racial inequality was shown not only to African Americans but was also
portrayed towards Native Americans. These means of discrimination were evident when Miss
Arthurine Lucy attempted to become the first African American to attend the University of
Alabama. Within three days of her attending, she was brutally attacked by the rest of her peers.
Her car was pelted with eggs and bricks. Many crosses were also burned on the campus. The
response is chilling. Instead of calming this riot, the University banned this racial barrier -breaker
from entering the University’s premises. This action was then justified by a false presumption
that such actions would keep her and the other students safe. Is it justifiable to attain peace in
such manner?
Love and peace have been one of humanities highest values. The true meaning of peace is still
vague in many people’s minds. Dr. King’s understanding of peace and its relation to justice
helped pave the path for racial equality in the U.S. today. As Dr. King said, peace isn’t the sheer
absence of violence. For example, under a fearsome dictator, there will not be any violence or a
voice to raise. However, in a true democracy, there is always a space for different opinions and
voices which sometimes may lead to minor aggressions. Recently, we have witnessed such
disturbances in Gainesville, Virginia in the form of rallies carried out by small groups of Neo-
Nazis and White Supremacists. Because of the hate conveyed by these groups, it compelled
many to think of a question: Does hate speech come under freedom of speech? Maybe it does.
This topic is debatable. However, I strongly believe that it is the responsibility of a decent man
to unite together and condemn such hate speech. The absence of such condemnation is
detrimental to the foundation of democracy. We have a choice. I would rather choose
democracy with some turbulence than a dictatorship with no immunity to think differently.
In this world of social media, it is our obligation to spread love instead of hate. A new term I
recently learned while researching for this essay is “collective consciousness.” It is defined as
“the set of shared beliefs, ideas and moral attitudes which operate as a unifying force within
society.” Let me provide an anecdote to further explain the concept of collective consciousness
and how we could utilize it. Let’s imagine someone sends me a video of a little girl giving her ice
cream money to an old, poor and hungry man on the street. I would immediately be filled with
compassion and empathy. I would then share the same video with others who would feel the
same way. When going to school that day, if I see an old, poor man on the street, I would be
empathetic towards him and I would lend a hand. On the other hand, if I saw multiple videos,
true or fabricated, of a Muslim man burning an American flag, I would be filled with anger and
hatred. When I would share the same video, others would feel the same way. Later that day,
when I see another old and poor man, I may see him through different glasses. These glasses
are tinted with the blinding effect of hatred. Instead of seeing this man empathetically as a
person in dire need, I might notice his attire and may connect him to be a Muslim man. This is a
simple and common example of why spreading hatred does nothing but spiral humanity down
into the chaotic abyss of hatred. Again, we have a choice. What would YOU spread? Without
hesitation, I choose to spread love.
The significance of this quote is not only expressed in the Civil Rights Movement era but also
applies in the current world. In Saudi Arabia, women are still currently heavily segregated based
on their gender. Although the nation is currently peaceful, it still is not ethical to do so. A
dictatorship or monarchy is usually more tranquil than a democracy. Although this is true, a
common man under a monarchy or dictator has no rights or say in public affairs. A democracy,
although usually includes more disturbances, gives a platform to convey different opinions and
beliefs. Which would you choose? I would rather choose the democracy and encounter a little
violence than choosing tranquility and denied the ability to convey a different opinion. We are
now at crossroads. What would YOU choose?
I affirm in the statement by Dr. King: “if a Negro accepted his/her place, accepts exploitation
and injustice, there will be peace. But it would be a peace boiled down to stagnant
complacency, deadening passivity, and if peace means this, I don’t want peace.” It is evident
that this applies to all races, not just African Americans. This quote goes back to the topic of this
essay: Peace is not merely the absence of tension, but the presence of justice. If peace is simply
tranquility and harmony without justice for all, I don’t want peace! “With liberty and justice for
all.” These are the final words I utter in the Pledge of Allegiance every day in school. The actions
were taken by the University and the local newspaper showed a prominence of a racistic
ideology resonating throughout the city.
As the younger generation, we have a higher obligation of altering the current collective
conscience to love and contribute to the world positively. Dr. Martin Luther King once said,
“Faith is taking the first step even when you don’t see the whole staircase.” If we all unite
together as one and take part in this change, I am certain this staircase will lead to achieving
true peace, not simply tranquility or the lack of tension. We must not condone what happened
to Miss Lucy nor what happened in Gainesville. I strongly urge my generation to be more
prudent towards this change and to use collective consciousness as a weapon to spread love
and empathy, not hate. We as humans should change our ways of controlling and resisting a
dominance of mobocracy. If we all spread love and eliminate all hate at every opportunity, I am
certain we can bring TRUE peace to the world.
Middle School Essay
2nd Place
Olivia Foster
The True Meaning of Peace
Over sixty years ago, a young woman by the name of Autherine Lucy was the first African
American, male or female, to attend the University of Alabama. After a long struggle, Ms. Lucy
was expelled “for her safety” and the “safety of the university.” A local paper announced there
was at last peace on the campus, to which the great Martin Luther King Jr. responded, “[P]eace
is not merely the absence [of] tension, but the presence of justice.”
King’s point was valid - is a country after a great civil war truly at peace? Will two feuding
families forgive each other over the marriage of two of their children? Throughout history, we
have seen the answer again and again. That answer is no. Peace, true peace, cannot and will
not be reached without both sacrifices and compromise. In Ms. Lucy’s situation, all that can be
seen is that the now morally unjust opinions and actions of her schoolmates forced the hand of
the board of trustees to expel her. Force is not compromise. Violence is not sacrifice. Dr. King
said, “Yes, things are quiet in Tuscaloosa. Yes, there was peace on the campus, but it was peace
at a great price.” This price he was talking about? It was another inch backwards in the
direction that this country - this world - is still struggling to walk in.
One can clearly see that Dr. King was not satisfied with the local newspaper’s declaration of
peace. “It was peace that had been purchased at the price of allowing mobocracy to reign
supreme over democracy.” A mobocracy is “a rule or domination by the masses.” Dr. King was
not the only one who could clearly see that justness was not included with the so-called
“peace” brought about by Ms. Lucy’s expelling. Since the majority of the students at the
University of Alabama were against the enrollment of Autherine Lucy, many took action upon
what they thought to be right. Note the word “majority.” One can only ignore a large sum of
people for so long. The expelling of Autherine Lucy was perhaps inevitable, lest she come to
harm.
But despite the possible “danger” Ms. Lucy could’ve been in, the university really only used her
safety as a scapegoat. The fact that the university had permitted the attendance of a female
black student wouldn’t be great for a public appearance. Not to mention, the racists on campus
would have acted out not on just Ms. Lucy, but the university as well. Was Ms. Lucy ever asked
if she felt safe? Was she ever even given a chance to feel safe? To be accepted to a college in
those times, she would have had to have been a hard worker and high achiever. The odds of
her being used to the racist and ignorant treatment of the chauvinist people of this world are
high.
The newspaper’s use of “peace” is completely inaccurate. In a case like this, “peace” is most
definitely not the word to be used. Other words and phrases would have been much better
suited to the truth. “Reduced tension ,” or something along those lines, would have a more
accurate representation. “Peace” is when there is no argument to be had, no reason to fight.
Even today, we are not at peace. People of all races - whether they be black, white, Hispanic, or
any other categorization you can think of - are prejudiced and continuously hate on one
another. Even with a growing LGBTQ+ community, acceptance of one’s sexuality is still not
common among all parties. Even respect in terms of gender equality is still hard to find among
the eyes of “men” some days, even though there’s hardly any difference between us. Our world
is not equal. It will be at least a century until we can step into a country, any country, and not
have to hope to find acceptance among the Earth’s peoples.
There are some like Dr. King who have an understanding of the true meaning of words we use
too commonly like peace and equality. They share their opinions, and choose to do so
positively. “This is the type of peace that all men of goodwill hate,” proclaimed Dr. King in his
sermon following the expelling of Autherine Lucy. How does one know if they are a “[Man] of
goodwill?” The answer is they don’t. They cannot decide for themselves what their actions
already say for them. The minute we can set aside our differences and fight for one another
with words and not guns is when we can say that America, or any country for that matter, is the
home of an inclusive society, the type of world that people like Dr. King would have wished for
us to live in.
This world will not be an easy one to reach, but those who are smart enough to take a stand
realize this. Dr. King realized this. Autherine Lucy realized this. But the minute that a step back
is taken, the moment someone chooses not to stand upright in the face of a mob of hatred, the
second somebody turns the other way and chooses to ignore the injustices of the world, is the
moment that the race towards equality is lost. The understanding of peace and righteousness
that leaders like Dr. King had is what will guide us towards a better tomorrow.
Middle School Essay
3rd Place
Nithin Perumal
“True peace is not merely an absence of tension; it is the presence of justice.” These were the
words of Dr. Martin Luther King. What did he mean when he said this? He was responding to a
newspaper article which was about Arthurine Lucy. Arthurine Lucy was the first black student at
the University of Alabama. Right off the bat, she was met with violence which was caused by
students who were furious over the school not being segregated. Her car was covered with
dents from head to toe. People threw eggs and bricks at her car, and it was disgusting and
damaged. There was lots of violence on campus so, the Board of Trustees expelled Arthurine
for her own safety. Dr. King stated, “Yes things are quiet in Tuscaloosa. Yes, there is peace in on
campus, but it was peace that had been purchased at a great price…. It was peace that had
been purchased at the price of allowing mobocracy over democracy.” There might have been
peace on campus, but there was no justice, for the only person who was punished was
Arthurine. The white students who were causing the violence didn’t even get punished! This is
the meaning behind Dr. King’s quote.
Dr. King was dissatisfied with the newspaper’s assumption that peace had returned to Alabama,
because it wasn’t true. All the people who harassed Arthurine still disliked African Americans.
They disliked African Americans because they were different and the white people assumed
that different is bad. They could still harass other African Americans and they will continue to
harass them until they were stopped. They didn’t get in trouble the first time so they think what
they are doing is not wrong. The University of Alabama was not going to have true peace, until
justice was served.
Dr. King’s words are still relevant to today. Collin Kaepernick, who is a former quarterback for
the San Francisco 49ers, was involved in a huge controversy recently. On September 1, 2016
Colin Kaepernick took a knee during the national anthem to protest police brutality and racial
inequality. Kaepernick isn’t the only one either. The WNBA (Women’s National Basketball
Association) has also been leading the efforts against police brutality. In the summer of 2016,
four members of the Minnesota Lynx, wore warm-up shirts that said “change starts with us,
justice and accountability.” Both of these acts caused a campaign causing a number of athletes
and celebrities to stand in solitary with the fight against p olice brutality and racial inequality.
This relates to Dr. King’s statement because when police shoot down African Americans without
reason, the only people who pay a price is the African Americans. Whereas the police just
apologize and return to work the next day. Racial inequality is still a problem today just as it
was in the 1950’s.
We need to use Dr. King’s understanding of peace to ensure an inclusive and just society for all
by rejecting derogatory comments and violence that are targeted towards African Americans.
Even our own city of Brookings is not immune to such acts. A few months ago, a racial slur was
written on the garage of an African American family in Brookings. The person who wrote those
disgusting words was not identified. We need to make sure people who use racial slurs and
derogatory comments towards people of color, realize that what they are doing is not right. We
all have the power to stop racial inequality, to stop people from putting down people of color
and divide our nation. Together we can erase racial inequality and achieve true peace. In
conclusion in the words of Mahatma Gandhi, who was Martin Luther king’s inspiration, “Be the
change you wish to see in the world”. The change is us and let’s be the change for ensuring
justice for all races and all people.
High School Essay
1st Place
Nathan Cole-Dai
A Symbiotic Relationship in Society
Most of Americans, when they hear the word “racism,” think of the harsh conditions enforced
by slave owners and prejudiced government officials that African-American people had to
endure over the years. While this is certainly a strong example, citizens of the United States
need to keep two things in mind. First, prejudice and discrimination, which include racist
thoughts and actions, are not limited to just African-Americans; in fact, it can affect any group
of people, from nationalities to religious groups to genders. Second, the boundary for the
absence of racism is much further away than most of us think. During a church sermon, the
famous civil rights activist Dr. Martin Luther King, Jr., addressed a recent issue in Tuscaloosa,
Alabama. An African-American student had just been dismissed from the University of Alabama
because the harsh treatment she was receiving from those surrounding her was causing turmoil
throughout the college. Dr. King disagreed with a statement in Tuscaloosa’s newspaper, “There
is peace on the campus of the University of Alabama,” and spoke up about it. “Peace is not
merely the absence [of] tension,” he declared, “but the presence of justice.” What significance
does this claim have when we think about certain racist points in world history? And what
would have happened in Brookings, South Dakota if more residents had learned this quote and
lived by it?
To answer these questions, we must first look back to the very roots of racism. Such
disrespectful treatment of other nationalities probably dates back to seven or eight centuries
ago, when Jews were accused for practicing witchcraft. The first instance of racism between
white and African people occurred during the “triangle trade” among Europe, Africa and the
Americas. A principle from the book of Genesis led Europeans to believe that Africans deserved
inferior treatment because they were heathens. Ever since, that idea has stuck among society,
and as a result, African-Americans were, and still are, a target of great discrimination and
prejudice in the United States. They are definitely not the only nationality that Americans have
racist attitude towards, though. In fact, no single race is ever safe from prejudice. In America
and all throughout the world, every race has its own stereotypes and false beliefs, from Africans
to Asians to Americans to Australians. This is partly why we tend to discriminate against them.
How could this have been prevented if someone like Dr. Martin Luther King, Jr., had spoken up
with the aforementioned quote?
Racism has been mostly under control in my hometown of Brookings, South Dakota. However,
humanity cannot always prevent from escalating into crises, and within the last decade, two
such catastrophes have occurred. On September 19, 2012, a Lakota student discovered a
message inscribed on one of South Dakota State University’s dorm bathroom stalls. The
message told two Native American students to return to the reservation and called them a
demeaning racial slur. Although the students and many of the people surrounding them were
appalled, the statement was soon covered up with spray paint. Just over five years later,
another resident of Brookings was hit with a cruel racist message; instead of a Native American,
the unfortunate target was an African-American. During the weekend of November 4-5, 2017,
Stephanie Aure discovered that two words had been scrawled on her garage door: “Dead [N -
word].” Though the message was short, it nonetheless had a great impact on Aure and caused
her to speak up about it. “It just doesn’t make sense,” she said in a local interview before going
on to state her opinion that “... something gives whoever did this power.” How exactly does
Martin Luther King, Jr.’s famous quote, “Peace is not merely the absence [of] tension, but the
presence of justice,” apply to these two devastating events in Brookings, and how could it apply
to the very roots of racism as well?
The message that Dr. Martin Luther King, Jr., was trying to convey is that any type of racist
event, from Rosa Parks’s bus arrest to an Asian being called “yellow” to the cruel words
directed at the Lakota student in Brookings, is not resolved until the mindsets of those involved
change. We tend to believe that these incidents are resolved when there is no visible external
conflict, but this is not the case. Dr. King’s belief was that every conflict, external and internal,
needs to be resolved. In the Native American student’s case at South Dakota State University,
people seemed to act according to Dr. King’s statement. After the scholar discovered the
hurtful graffiti directed at him, the staff of the campus were perfectly willing to “go over shared
concerns” with the students and “keep the dialogue open.” From personal experience, I have
always felt better after troubling events when I talked to school counselors about them; their
advice and kind words helped me overcome my conflicts. Therefore, I believe that these
services offered to the campus students were an excellent idea, as they had the ability to
destroy any of the last hard feelings inside the targeted people. From talking to others, they
would be more likely to reach true peace, when everyone, no matter what nationality, has
overcome and learned from the traumatic event.
Meanwhile, the response of some Brookings locals to Stephanie Aure’s ordeal was to open a
GoFundMe account for her, donating money likely for the purpose of cheering her up. While it
was certainly a kind action, think about the relationship between losing money and being hurt
mentally by cruel words. Money can be difficult to get back, but through hard work an average
person can eventually succeed in doing so. Harmful racial slurs, however, can leave a mark on a
victim that may seem all but impossible to erase. People like Stephanie can even lose self -
respect from similar incidents. To achieve complete peace in Brookings after such a terrible
deed is done to someone of a particular race, both sides will need to talk it over until the victim
regains hope and everyone is reminded of the importance of respecting others. The event that
caused Dr. Martin Luther King, Jr., to speak of the true meaning of peace was not resolved
properly, either. Though there were no conflicts in Tuscaloosa’s University of Alabama after the
African-American student’s dismissal, the student likely felt traumatized by her harsh
treatment, and white people on the campus never learned from their behavior. Therefore, it is
understandable why Dr. King never felt like actual peace had returned to the town.
One last idea needs to be noted. If someone had come up with Dr. King’s statement much
earlier in human history and spoken up about it, multiple racial crises could have been avoided.
Let’s look back again to how exactly racism began in the first place. What if someone had
noticed how unfairly inequal the treatment of Africans was compared to Europeans? If
someone had acted against the violence that the Africans were receiving in the same manner as
Dr. King, people today would likely not be as racist. Less African-Americans would be called the
N-word, less Asians would be called “yellow,” less Natives would be called “redskins,” and so
forth. True, it would be harder to get every single member of a nationality to talk about their
problems with others and resolve their internal conflicts, but at the very least, not as many
people would feel vulnerable after experiencing discrimination. Finally, and most importantly, if
more people had distinguished between resolved internal conflicts and external conflicts, we
would be seeing much more of one necessity to keep our planet running: true peace.
High School Essay
2nd Place - TIE
Jenna Schmidt
Dr. Martin Luther King, Jr. Essay
Dr. Martin Luther King, Jr. is well-known as a renowned pastor, civil rights activist, and winner
of the Nobel Peace Prize. However, he is also recognized for many famous quotes. The
following is one such quote: ... [P]eace is not merely the absence [of] tension, but the presence
of justice." Although this was said about the case of Autherine Lucy, the first African American
student at the University of Alabama, these words are still extremely relevant today.
These powerful words have an equally powerful meaning. In today's world and in Dr. King's
time, it is and was very clear that peace is not simply the absence of tension. It is frankly
impossible to remove all arguments and biased feelings from every person's mind; however,
peace can be achieved through justice- making sure everyone has what they deserve and doing
whatever is needed to ensure that. In the case of Autherine Lucy, she was expelled from the
University of Alabama for no just reason. Even though other students on campus were causing
trouble- pelting Lucy's car with eggs and bricks and even burning crosses, it was they who
should have been punished. All Lucy had done was attend university, but she was so
discriminated against that she had to be expelled. If her fellow students had received the
proper punishment instead of her, she might have gotten to continue attending school as she
deserved and peace would have been achieved.
Dr. King was dissatisfied with the local newspaper's headline for good reason. It decidedly did
not fit his definition of peace. The newspaper stated that there was " ... peace on the campus of
the University of Alabama." Yes, the school did indeed dispel some of the tension. However,
justice was definitely not served to those who truly deserved it. Lucy was the one punished for
no good reason. The students who forced this to happen to her should have taken her place.
Dr. King's idea of peace is extremely relevant to recent events in our nation. There has lately
been a lot of tension in our world, our country, and even our own community of Brookings.
Some of the main disagreements that are being fought over every day include racism, gender
equality and identity, religion, and political views. Unfortunately, one cannot hope to
permanently remove such issues. However, more could be done to enforce justice on those
who have committed enough wrong to deserve it in order to protect innocent people.
Dr. King's definition of peace could be part of the key to developing a fair, inclusive, and safe
society for all Americans. Instead of oppressing people with different opinions or views, our
leaders could focus more on protecting those who have not harmed others or committed
serious offenses. We currently live in a world full of tension and chaos. However, if we choose
to focus more on such things as justice and equality, Dr. King's vision of peace would be
achieved.
High School Essay
2nd Place - TIE
Abigail Schuldt
Using Dr. Martin Luther King Junior’s Words to Address Modern Issues
“Peace is not merely the absence of tension, but the presence of justice (Dr. Martin Luther King,
Jr.).” Dr. Martin Luther King, Jr., known as MLK for short, once said these words addressing a
local newspaper headline. The headline pertained to the unfair circumstance of an African -
American woman being extracted from The University of Alabama due to white students’
outrage at the lack of segregation. It read: “Things are quiet in Tuscaloosa today. There is peace
on the campus of the University of Alabama.” What sort of peace is truly attained when all t hat
has happened is a majority win and no real compromise has been created?
Taking an issue and pushing it to the back of the closet solves absolutely nothing, it just puts it
on hold. To achieve peace, the problem needs to be faced head-on and a solution that benefits
all affected must be made. Currently, our nation, the whole world even, is facing many
predicaments. One, for example, is the struggle for acceptance that the LGBTQ+ community is
going through. Many believe that if all of the sexualities and genders that don’t fit an “original”
cookie-cut standard are eliminated, then the world will go back to “normal” and “peace” will be
restored. On the other side, many of those who agree with the LGBTQ+ community’s fight for
acceptance will berate those who do not and will wish for them to dissipate.
So how can this rift in society be fixed? Definitely not by excluding either of the parties, this
would result in the opposite of unification. It would be most advantageous to follow MLK’s
words and use the presence of justice to solve issues rather than only taking out the tension.
According to the Merriam-Webster Dictionary, the word justice means “the maintenance or
administration of what is just especially by the impartial adjustment of conflicting claims . . .”
This means that the only way a nation can create peace is to do what is just, or fair, and
isolating a specific group of people who’ve done nothing wrong, is extremely unfair. Regardless,
it seems, this is all that’s being done.
It’s unrealistic to think of a perfect, equal society when every individual will always have their
own opinions and thoughts. However, this goal ideal can be almost completely obtained if
empathy is gained and everybody wants to manage a happy equilibrium. Peace is
contentedness from all sides of the spectrum and by using MLK’s example, that same peace can
be achieved if everyone finds a way to work together to answer these unsolved problems.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 18-005,Version:1
Action on Resolution 18-005, a Resolution approving the First Lease Amendment for
Communications Tower with NCWPCS MPL 32-Year Sites Tower Holdings, LLC.
Summary:
The City of Brookings entered into Option Lease Agreements to accommodate several cell
tower/communication facilities within the city limits in 2006. The owner is requesting a lease
extension for one site, which is mutually beneficial to both parties.
Background:
The City of Brookings entered into an Option Lease Agreement with Crown Castle International
Corporation (dba Sites Tower Holdings LLC) on November 28, 2006 for a term of 25 years. Crown
Castle International Corporation contacted the City to extend the lease for an additional 25 years
beyond the expiration date of the current term, which is set to expire in 2032. This extension would
set the new expiration date at year 2057.
This tower is located on the Dwiggins-Medary Park (Bob Shelden Field). There are two (2)
communication towers on that site; this tower is located to the west. The City originally proposed a
condition, which allowed us to place lighting on both cell towers to serve the Dwiggins-Medary fields.
This condition remains in the amended lease. The most significant portion of the amendment is the
lease expiration date.
The City was able to renegotiate financial terms of the lease. Crown Castle International Corporation
proposed a 20% revenue share of all new tenants they sign on to the tower. The City will receive a
signing bonus for $7,500 upon approval of the supporting resolution. Lastly, Crown Castle
International Corporation has agreed to accelerate the rent model to reflect $15,000 for year 2018, as
opposed to the $13,687.70 that the City would have received. The lease will continue with a three-
percent (3%) escalation model each year until year 2057.
Financially, the City will receive a signing bonus of $7,500 this year along with a $15,000 rent
payment. The total difference in rent from the current lease and the proposed amended lease is
$142,114.14 over a 39-year term. The current lease does not have a revenue share clause for new
tenants. Crown Castle is expecting the City to gain approximately $1,200 per month from entering
into the new agreement. With 39 years left on the lease if the amendment is signed, the City could
expect to receive an additional $561,600 over the term of the lease. Total difference until 2057 is
$701,714. Crown Castle International Corporation stated this site has a low margin for their company.
They would like to build that margin and the way for them to do it will be to bring other tenants on.
This will be a benefit for both Crown Castle International Corporation and the City. At 20% revenue
share, the City could be looking at $400-$500 per tenant that Crown Castle International Corporation
brings on and that amount may escalate annually.
Fiscal Impact:
City of Brookings Printed on 1/18/2018Page 1 of 2
powered by Legistar™
File #:RES 18-005,Version:1
The City will receive a signing bonus of $7,500 and an accelerated rent model starting this year at
$15,000 with a 3% increase each year thereafter. All revenue received is directed to the General
Fund (101).
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Amended Lease
Memo - 1st Lease Amendment
City of Brookings Printed on 1/18/2018Page 2 of 2
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Resolution 18-005
Resolution Approving the First Lease Amendment
for Communications Tower with NCWPCS MPL 32-Year
Sites Tower Holdings LLC
__________________
Be It Resolved by the Governing Body of the City of Brookings, South Dakota, that the
City of Brookings approves a Lease Amendment for the current site of a
Communications Tower near Bob Sheldon Field with NCWPCS MPL 32-Year Sites
Tower Holdings LLC, Lessee, for five (5) additional five (5) year periods, commencing
upon the first day following the expiration of the current Lease, and pertaining to the
following described property:
A parcel of land located in a portion of Lot A of the Subdivision of Park
View & Lots One (1) to Five (5) of Park View Second Addition, a part of
the Southwest Quarter of the Southwest Quarter (SW¼SW¼) & the West
One-half of the West One-half (W½W½) of the Southeast Quarter of the
Southwest Quarter (SE¼SW¼), all in Section Twenty-five (25), Township
One Hundred Ten (110) North, Range Fifty (50) West of the 5th Principal
Meridian, City of Brookings, County of Brookings, South Dakota.
Dated this 23rd day of January, 2018.
CITY OF BROOKING, SD
Keith W. Corbett, Mayor
ATTEST:
Shari Thornes, City Clerk
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 1
FIRST AMENDMENT TO
OPTION AGREEMENT WITH LEASE AGREEMENT
THIS FIRST AMENDMENT TO OPTION AGREEMENT WITH LEASE
AGREEMENT (this “First Amendment”) is entered into this ____ day of ______________,
20___, by and between the CITY OF BROOKINGS, SOUTH DAKOTA, with a mailing address
of P.O. Box 270 Brookings, South Dakota 57006 (“Landlord”) and NCWPCS MPL 32 - YEAR
SITES TOWER HOLDINGS LLC, a Delaware limited liability company, by and through its
attorney in fact, CCATT LLC, a Delaware limited liability company, with a mailing address of
2000 Corporate Drive, Canonsburg, Pennsylvania 15317 (collectively referred to as “Tenant”).
RECITALS
WHEREAS, Landlord and WWC License LLC (“Original Tenant”) entered into an
Option Agreement with Lease Agreement dated November 28, 2006 (the “Lease Agreement”)
whereby Original Tenant leased certain real property, together with access and utility easements,
located in Brookings County, South Dakota from Landlord (the “Premises”), all located within
certain real property owned by Landlord (the “Property”); and
WHEREAS, NCWPCS MPL 32 - Year Sites Tower Holdings LLC is currently the tenant
under the Lease Agreement as successor in interest to the Original Tenant; and
WHEREAS, the Premises may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto; and
WHEREAS, the Lease Agreement had an initial term that commenced on January 14,
2007, and expired on January 13, 2012. The Lease Agreement provides for four (4) extensions
of five (5) years each (each a “Renewal Term”), the first and second of which were exercised by
Tenant. According to the Lease Agreement, the final Renewal Term expires on January 13,
2032; and
WHEREAS, Landlord and Tenant desire to amend the Lease Agreement on the terms and
conditions contained herein.
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 2
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, Landlord and Tenant agree as follows:
1.Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing
recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in
the Lease Agreement.
2.Term. Subsection 5(a) of the Lease Agreement is hereby deleted in its entirety
and the following is inserted in its place:
(b) The initial term of this Lease Agreement shall be for five (5) years (the “Initial
Term”), commencing on the January 14, 2007 (the “Commencement Date”). The
rental shall be prorated for any partial month at the commencement, expiration or
earlier termination of this Lease Agreement, based upon the number of days in
that month. Upon expiration of the Initial Term, this Lease Agreement may be
renewed for nine (9) additional terms of five (5) years each (each a “Renewal
Term”), unless Tenant provides Landlord notice of intention not to renew not less
than sixty (60) days prior to the expiration of the then-current Initial Term or
Renewal Term.
Landlord and Tenant hereby acknowledge that Tenant has exercised the first and second
Renewal Terms, leaving a balance of seven (7) Renewal Terms, with the final Renewal Term
expiring on January 13, 2057.
3.Additional Extensions. Section 6 of the Lease Agreement is hereby deleted in its
entirety and the following is inserted in its place:
At the end of the ninth (9th) five (5) year Renewal Term, this Lease Agreement
shall continue in force upon the same covenants, terms and conditions for a
further term of five (5) years and for additional five (5) year terms thereafter
unless terminated by either Party by giving to the other written notice of its
intention to so terminate at least six (6) months prior to the end of the ninth (9th)
five (5) year Renewal Term or at least six (6) months prior to the end of any
subsequent five (5) year term.
4.Rent. On January 1, 2018, the annual Rent shall increase to Fifteen Thousand and
No/100 Dollars ($15,000.00). Following such increase, the monthly Rent shall continue to adjust
pursuant to the terms of the Lease Agreement. This Rent increase replaces and is in lieu of the
regular Rent increase scheduled to occur pursuant to the Lease Agreement in January 2018.
5.Conditional Signing Bonus. Tenant will pay to Landlord a one-time amount of
Seven Thousand Five Hundred and No/100 Dollars ($7,500.00) for the full execution of this First
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 3
Amendment (and any applicable memorandum of amendment) (“Conditional Signing Bonus”),
within sixty (60) days of the full execution of this First Amendment. In the event that this First
Amendment (and any applicable memorandum of amendment) is not fully executed by both
Landlord and Tenant for any reason, Tenant shall have no obligation to pay the Conditional
Signing Bonus to Landlord.
6.Right of First Refusal. If Landlord receives an offer from any person or entity
that owns towers or other wireless telecommunications facilities (or is in the business of
acquiring Landlord’s interest in the Lease Agreement) to purchase fee title, an easement, a lease,
a license, or any other interest in the Premises, or Landlord’s interest in the Lease Agreement, or
an option for any of the foregoing, Landlord shall provide written notice to Tenant of said offer,
and Tenant shall have a right of first refusal to acquire such interest on the same terms and
conditions in the offer, excluding any terms or conditions that are (a) not imposed in good faith;
or (b) directly or indirectly designed to defeat or undermine Tenant’s possessory or economic
interest in the Premises. Landlord’s notice shall include the prospective buyer’s name, the
purchase price and/or other consideration being offered, the other terms and conditions of the
offer, the due diligence period, the proposed closing date and, if a portion of Landlord’s parent
parcel is to be sold, leased or otherwise conveyed, a description of said portion. If the Landlord’s
notice shall provide for a due diligence period of less than sixty (60) days, then the due diligence
period shall be extended to be sixty (60) days from exercise of the right of first refusal and
closing shall occur no earlier than fifteen (15) days thereafter. If Tenant does not exercise its
right of first refusal by written notice to Landlord given within thirty (30) days, Landlord may
convey the premises as described in the Landlord’s notice. If Tenant declines to exercise its right
of first refusal, then the Lease Agreement shall continue in full force and effect and Tenant’s
right of first refusal shall survive any such conveyance. Tenant shall have the right, at its sole
discretion, to assign the right of first refusal to any person or entity, either separate from an
assignment of the Lease Agreement or as part of an assignment of the Lease Agreement. Such
assignment may occur either prior to or after Tenant’s receipt of Landlord’s notice and the
assignment shall be effective upon written notice to Landlord. The “premises” as used in this
Right of First Refusal is the same as the “Legal Description of Lease Site” as set forth in the
Option Agreement with Lease Agreement dated November 28, 2006, and does not include other
property within the parent parcel.
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 4
7.Revenue Share. In addition to the rent currently paid by Tenant to Landlord
pursuant to the Lease Agreement, as further consideration for the right to exclusively use and
lease the Premises, if, after full execution of this First Amendment, Tenant subleases, licenses or
grants a similar right of use or occupancy in the Premises to an unaffiliated third party not
already a subtenant on the Premises (each a “Future Subtenant”), Tenant agrees to pay to
Landlord twenty percent (20%) of the rental, license or similar payments actually received by
Tenant from such Future Subtenant (excluding any reimbursement of taxes, construction costs,
installation costs, or revenue share reimbursement) (the “Additional Rent”) within thirty (30)
days after receipt of said payments by Tenant. Tenant shall have no obligation for payment to
Landlord of such share of rental, license or similar payments if not actually received by Tenant.
Non-payment of such rental, license or other similar payment by a Future Subtenant shall not be
an event of default under the Lease Agreement. Tenant shall have sole discretion as to whether,
and on what terms, to sublease, license or otherwise allow occupancy of the Premises and there
shall be no express or implied obligation for Tenant to do so. Landlord acknowledges that
Landlord shall have no recourse against Tenant as a result of the failure of payment or other
obligation by a Future Subtenant. Notwithstanding anything in this paragraph to the contrary, the
parties agree and acknowledge that the term “Future Subtenant,” as used in this paragraph, shall
not include any sublease, license or use by the Tenant, CCATT LLC, affiliates of Tenant and/or
CCATT LLC, or their respective successors and assigns (collectively, “Affiliated Parties”), and
that revenue derived from Affiliated Parties shall be expressly excluded from Additional Rent
and Landlord shall have no right to receive any portion of such revenue.
8.Condemnation. Section 25 of the Lease Agreement is hereby deleted in its
entirety, and the following is inserted in its place:
If Landlord receives written or other notice of a proposed taking by eminent
domain of any part of the parcel of land upon which the Premises is situated,
Landlord will notify Tenant of the proposed taking within five (5) days of
receiving said notice and Tenant will have the option to: (i) declare the Lease
Agreement null and void and thereafter neither party will have any liability or
obligation hereunder; or (ii) remain in possession of that portion of the Premises
that will not be taken, in which event there shall be an equitable adjustment in
Rent on account of the portion of the Premises so taken. With either option,
Tenant shall have the right to contest the taking and directly pursue an award.
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 5
9.Landlord’s Cooperation. If requested by Tenant, Landlord will execute, at
Tenant’s sole cost and expense, all documents required by any governmental authority in
connection with any development of, or construction on, the Premises, including documents
necessary to petition the appropriate public bodies for certificates, permits, licenses and other
approvals deemed necessary by Tenant in Tenant’s absolute discretion to utilize the Premises for
the purpose of constructing, maintaining and operating communications facilities, including
without limitation, tower structures, antenna support structures, cabinets, meter boards,
buildings, antennas, cables, equipment and uses incidental thereto. Landlord agrees to be named
applicant if requested by Tenant. In furtherance of the foregoing, Landlord hereby appoints
Tenant as Landlord’s attorney in fact to execute all land use applications, permits, licenses and
other approvals on Landlord’s behalf. Landlord shall be entitled to no further consideration with
respect to any of the foregoing matters.
10.Ratification.
a)Landlord and Tenant agree that Tenant is the current tenant under the Lease
Agreement, the Lease Agreement is in full force and effect, as amended herein, and the Lease
Agreement contains the entire agreement between Landlord and Tenant with respect to the
Premises.
b)Landlord agrees that any and all actions or inactions that have occurred or should
have occurred prior to the date of this First Amendment are approved and ratified and that no
breaches or defaults exist as of the date of this First Amendment.
c)Landlord represents and warrants that Landlord is duly authorized and has the full
power, right and authority to enter into this First Amendment and to perform all of its obligations
under the Lease Agreement as amended.
d)Landlord acknowledges that the Premises, as defined, shall include any portion of
the Property on which communications facilities or other Tenant improvements exist on the date
of this First Amendment.
11.Notices. Tenant’s notice address as stated in Section 33 of the Lease Agreement is
amended as follows:
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 6
If to Tenant:NCWPCS MPL 32 - Year Sites Tower Holdings LLC
Attn: Network Legal
208 S. Akard Street
Dallas, TX 75202
With a copy to: CCATT LLC
Attn: Legal Dept.
2000 Corporate Drive
Canonsburg, PA 15317
12.IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form
W-9, or its equivalent, upon execution of this First Amendment and at such other times as may
be reasonably requested by Tenant. In the event the Premises is transferred, the succeeding
landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS
Form W-9, or its equivalent, and other related paper work to effect a transfer in the Rent to the
new landlord. Landlord’s failure to provide the IRS Form W-9 within thirty (30) days after
Tenant’s request shall be considered a default and Tenant may take any reasonable action
necessary to comply with IRS regulations including, but not limited to, withholding applicable
taxes from Rent payments.
13.Survey. Tenant reserves the right, at its discretion and at its sole cost, to obtain a
survey (“Survey”) specifically describing the Premises and any access and utility easements
associated therewith. Tenant shall be permitted to attach the Survey as an exhibit to this First
Amendment and any related memorandum for recording, which shall update and replace the
existing description, at any time prior to or after closing of this First Amendment.
14.Letter Agreement.This First Amendment supersedes that certain Letter
Agreement by and between Landlord and Tenant dated November 30, 2017, and in case of any
conflict or inconsistency between the terms and conditions contained in the Letter Agreement
and the terms and conditions contained in this First Amendment, the terms and conditions in this
First Amendment shall control.
15.Remainder of Lease Agreement Unaffected. The parties hereto acknowledge that
except as expressly modified hereby, the Lease Agreement remains unmodified and in full force
and effect. In the event of any conflict or inconsistency between the terms of this First
Amendment and the Lease Agreement, the terms of this First Amendment shall control. The
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 7
terms, covenants and provisions of this First Amendment shall extend to and be binding upon the
respective executors, administrators, heirs, successors and assigns of Landlord and Tenant. This
First Amendment may be executed simultaneously or in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same agreement.
[Execution Pages Follow]
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 8
16.This First Amendment is executed by Landlord as of the date first written above.
LANDLORD:
CITY OF BROOKINGS, SOUTH DAKOTA
By:
Print Name:
Title:
[Tenant Execution Page Follows]
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 9
This First Amendment is executed by Tenant as of the date first written above.
TENANT:
NCWPCS MPL 32 - YEAR SITES TOWER
HOLDINGS LLC,
a Delaware limited liability company
By: CCATT LLC,
a Delaware limited liability company
Its: Attorney in Fact
By:
Print Name:
Title:
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 1
WHEN RECORDED RETURN TO:
Prepared by:
Parker Legal Group, PC
600 West Broadway, Suite 700
San Diego, California 92101
Space above this line for Recorder’s Use
A.P.N. 404400000000300 Prior Recorded Documents in Brookings County, South Dakota:
Recorded on February 2, 2007, at Book 177, Page 267
Recorded on May 5, 2008, at Book 178, Page 1188
MEMORANDUM OF FIRST AMENDMENT TO
OPTION AGREEMENT WITH LEASE AGREEMENT
This Memorandum of First Amendment to Option Agreement with Lease Agreement is
made effective this _____ day of ___________, 20__, by and between the CITY OF
BROOKINGS, SOUTH DAKOTA, with a mailing address of P.O. Box 270 Brookings, South
Dakota 57006 (“Landlord”) and NCWPCS MPL 32 - YEAR SITES TOWER HOLDINGS LLC,
a Delaware limited liability company, by and through its attorney in fact, CCATT LLC, a Delaware
limited liability company, with a mailing address of 2000 Corporate Drive, Canonsburg,
Pennsylvania 15317 (collectively referred to as “Tenant”).
1.Landlord and WWC License LLC (“Original Tenant”) entered into an Option
Agreement with Lease Agreement dated November 28, 2006 (the “Lease Agreement”) whereby
Original Tenant leased certain real property, together with access and utility easements, located in
Brookings County, South Dakota from Landlord (the “Premises”), all located within certain real
property owned by Landlord (the “Property”). The Property, of which the Premises is a part, is
more particularly described on Exhibit A attached hereto.
2.NCWPCS MPL 32 - Year Sites Tower Holdings LLC is currently the tenant under
the Lease Agreement as successor in interest to the Original Tenant.
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 2
3.The Premises may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto.
4.The Lease Agreement had an initial term that commenced on January 14, 2007, and
expired on January 13, 2012. The Lease Agreement provides for four (4) extensions of five (5)
years each (each a “Renewal Term”), the first and second of which were exercised by Tenant.
According to the Lease Agreement, the final Renewal Term expires on January 13, 2032.
5.Landlord and Tenant have entered into a First Amendment to Option Agreement
and Lease Agreement (the “First Amendment”), of which this is a Memorandum, providing for
five (5) additional Renewal Terms of five (5) years each. Pursuant to the First Amendment, the
final Renewal Term expires on January 13, 2057.
6.By the First Amendment, Landlord granted to Tenant the right of first refusal to
purchase all, or a portion, of the Property, the details of which are set forth in the FirstAmendment.
7.If requested by Tenant, Landlord will execute, at Tenant’s sole cost and expense,
all documents required by any governmental authority in connection with any development of, or
construction on, the Premises, including documents necessary to petition the appropriate public
bodies for certificates, permits, licenses and other approvals deemed necessary by Tenant in
Tenant’s absolute discretion to utilize the Premises for the purpose of constructing, maintaining
and operating communications facilities, including without limitation, tower structures, antenna
support structures, cabinets, meter boards, buildings, antennas, cables, equipment and uses
incidental thereto. Landlord agrees to be named applicant if requested by Tenant. In furtherance
of the foregoing, Landlord hereby appoints Tenant as Landlord’s attorney in fact to execute all
land use applications, permits, licenses and other approvals on Landlord’s behalf. Landlord shall
be entitled to no further consideration with respect to any of the foregoing matters.
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 3
8.In the event of any inconsistency between this Memorandum and the First
Amendment, the First Amendment shall control.
9.The terms, covenants and provisions of the First Amendment shall extend to and
be binding upon the respective executors, administrators, heirs, successors and assigns of Landlord
and Tenant.
10.This Memorandum does not contain the social security number of any person.
11.A copy of the First Amendment is on file with Landlord and Tenant.
[Execution Pages Follow]
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 4
IN WITNESS WHEREOF, hereunto and to duplicates hereof, Landlord and Tenant
have caused this Memorandum to be duly executed on the day and year first written above.
LANDLORD:
CITY OF BROOKINGS, SOUTH DAKOTA
By:
Print Name:
Title:
ALL PURPOSE ACKNOWLEDGMENT
STATE OF }
}
COUNTY OF }
On this ____ day of _________________, 20___ before me ________________________ (notary
public), personally appeared (print name),who
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (notary public)
(NOTARY SEAL)
________________________________________________________________________
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it
could prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW.
Title of Document Type: Memorandum of First Amendment to Option Agreement with Lease
Agreement
Number of Pages ______ Date of Document ___________
Site Name: ZOD_ALLTEL_SD08 BROOKINGSS
Business Unit #: 857992 5
TENANT:
NCWPCS MPL 32 - YEAR SITES TOWER
HOLDINGS LLC,
a Delaware limited liability company
By: CCATT LLC,
a Delaware limited liability company
Its: Attorney in Fact
By:
Print Name:
Title:
State of Texas
County of ___________
Before me, __________________________, a Notary Public, on this day personally appeared
____________________________________, ________________________ of CCATT LLC, a
Delaware limited liability company, as Attorney in Fact for NCWPCS MPL 32 - YEAR SITES
TOWER HOLDINGS LLC, a Delaware limited liability company, known to me (or proved to
me on the oath of ____________ or through driver’s license, state id card, resident id card, military
id card, or passport) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she/he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this _____________ day of ___________, 20___.
______________________________
(Personalized Seal)Notary Public’s Signature
Site Name: ZOD_ALLTEL_SD08
BROOKINGSS Exhibit A
Business Unit #: 857992
6
EXHIBIT A
(Legal Description of the Property)
A PARCEL OF LAND LOCATED IN THE STATE OF SOUTH DAKOTA, COUNTY OF
BROOKINGS, WITH A SITUS ADDRESS OF 621 MEDARY AVE, BROOKINGS, SD 57006
CURRENTLY OWNED BY BROOKINGS CITY HAVING A TAX ASSESSOR NUMBER OF
404400000000300 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED AS
PARKVIEW/PARKVIEW SECOND ADDITION, LOTS 2-3.
ALSO DESCRIBED AS:
LOT A OF THE SUBDIVISION OF PARK VIEW AND LOTS 1 TO 5 OF PARK VIEW
SECOND ADDITION, A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER AND THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER, ALL IN SECTION 25, TOWNSHIP 110 NORTH, RANGE
50 WEST OF THE 5TH PRINCIPAL MERIDIAN, BROOKINGS, SOUTH DAKOTA
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 18-001,Version:1
Introduction and First Reading on Ordinance 18-001, an Ordinance pertaining to a Conditional Use
Permit to establish a mixed business/residential use for an Ambulance Service in a Business B-2A
Office District on E150’ of W454.32’ of Lot 1, Excluding S164.3’, Block 4, Maylands First Addition
(along Yorkshire Drive). Public Hearing: February 13, 2018.
Summary:
Brookings Health System is seeking a Conditional Use Permit to establish a mixed
business/residential use for an Ambulance Service in a B-2A District.
Background:
The property is currently used as a parking lot and is located along Yorkshire Drive in close proximity
to the Brookings Health System building. The general area includes a mix of medical clinics and
residential development. The Ambulance Service Center will be similar to other Emergency
Response Centers such as a Fire Station. There will be several bays containing ambulance vehicles
and also an area for first responders to reside while providing 24-hour emergency service.
The B-2A District is primarily intended for a mix of offices and other compatible uses. The
architectural firm has prepared a site plan to show the building and overall site design. If the
Conditional Use Permit is approved, staff will complete a full review of the site plan prior to a building
permit being issued.
A Conditional Use is defined as a use which, because of its unique or varying characteristics, cannot
be properly classified as a permitted use in a particular district. After due consideration, as provided
in this chapter, of the impacts of such use upon neighboring land and of the public need for the
particular use at a particular location, such conditional use may or may not be granted.
Planning Commission Recommendation:
The Planning Commission voted 6-0 to recommend approval of the conditional use.
Attachments:
Ordinance
Planning Commission Minutes 1-2-2018
Notice
Site Plan
Area Map
City of Brookings Printed on 1/18/2018Page 1 of 1
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Ordinance 18-001
An ordinance pertaining to an application for a Conditional Use to establish a
mixed business/residential use for an ambulance service in a Business B-2A
Office District.
Be It Ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a mixed business / residential use for an
Ambulance Service on E150’ of W454.32’ of Lot 1, excluding S164.3’, Block 4,
Maylands First Addition (along Yorkshire Drive) with the following conditions:
1. Such business uses shall be only those uses permitted in the respective
zoning district. Provisions set forth in section 94-41 shall govern all residential
uses.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading:January 22, 2018
Second Reading:February 13, 2018
Published:February 16, 2018
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
________________________________
Shari Thornes, City Clerk
Planning Commission
Brookings, South Dakota
January 2, 2018
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning Commission
to order on Tuesday, January 2, 2018, at 5:30 PM in the Chambers Room #310 on the
third floor of the City & County Government Center. Members present were James
Drew, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Fargen.
Absent was Tanner Aiken. Also present were City Planner Staci Bungard, Community
Development Director Mike Struck, City Manager Jeff Weldon, Tyler Harnish, designArc
Group, and others.
Item #5a –Brookings Health Systems has submitted an application for a Conditional
Use on the E150’ of W454.32’ of Lot 1, Excluding S164.3’, Block 4, Maylands First
Addition to establish a mixed business/residential use for an ambulance service in a
Business B-2A Office District.
(Pierce/Tornquist)) Motion to approve the Conditional Use. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #5a –The applicant is seeking a conditional use permit for a mixed service
residential/ambulance use in a B-2A Office District. The B-2 District is typically used for
a mix of offices and other compatible uses. This building would be located along
Yorkshire Drive across the street from the hospital Emergency Room. Tornquist asked
if there was a signal light on 22nd Avenue and Yorkshire Drive. Tornquist is concerned if
there isn’t a signal and that the ambulance will struggle with getting out onto 22nd
Avenue. Bungard doesn’t believe there is a signal light there. Tornquist also asked
what the lot is currently used for. Architect, Tyler Harnish, explained that the lot is
currently used for overflow parking. Johnson wondered if city staff had received any
concerns from neighbors. Bungard explained that they haven’t heard from anyone.
Johnson wondered if the Ambulance staff could maybe incorporate a different policy
that required them to wait to turn sirens on. Harnish explained that he and hospital staff
could look into some sort of policy or policy change for the sirens.
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON APPLICATION FOR CONDITIONAL USE
NOTICE IS HEREBY GIVEN THAT BROOKINGS HEALTH SYSTEM submitted an
application for a Conditional Use on the following described real estate:
E150’ of W454.32’ of Lot 1, Excluding S164.3’, Block 4, Maylands First Addition
(along Yorkshire Drive)
The request is to establish a mixed business/residential use for ambulance service in a
Business B-2A Office District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, January 2, 2018, in the Chambers Room on the
third floor of the Brookings City and County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 22nd day of December, 2017.
____________________________
Staci Bungard
City Planner
155'-0"148'-0"25'-0"105'-0"25'-0"
155'-0"148'-0"64'-0"66'-0"118'-0"5'-0"25'-0"25'-0"
8'-0"AMBULANCE GARAGE25'-0" FRONT YARD SETBACK25'-0" REAR YARD SETBACK25'-0" SIDE YARD SETBACK 40'-0" MAX56'-0"30'-0" MAXSCALE: 1" = 20'-0"SITE OPTION 21
SCALE: 1" = 20'-0"EXISTING SITE1
B rook ings County, SD
Area Map
207 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
City Zoning
A
AP
B-1
B-2
B-2A
B-3
B-4
B-5
I-1
I-1R
I-2
JJ-A
JJ-B3
JJ-I1
JJ-I1R
JJ-R1A
JJ-R1B
JJ-R3A
PDD
R-1
R-1A
R-1B
R-1C
R-2
R-3
R-3A
RB-4
RMH
T ow nship Boundar y
Sections
Parcels
Roa ds
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 18-002,Version:1
Introduction and First Reading on Ordinance 18-002, an Ordinance rezoning Lot 1, Block 1, Christie
Springs Addition; Block 4, Christie Third Addition; and a portion of the NW ¼ of Section 2-T109N-
R50W excluding all outlots and other platted areas thereof and excluding the S640’ of the N1062’ of
the E246’ in NW ¼ of Section 2-T109N-R50W from Residence R-1C Single-Family, Residence R-3
Apartment, and Business B-2 District to Residence R-1D Single-Family, Residence R-2 Two-Family,
and Residence R-3 Apartment District (Fox Run Addition). Public Hearing: February 13, 2018.
Summary:
The applicant is seeking approval of a residential rezoning request for a portion of land on the west
side of Main Avenue South between 20th Street South and 26th Street South.
Background:
The property is located between 20th Street South and 26th Street South on the west side of Main
Avenue South. The land is currently vacant and the general area has residential development to the
north and west with Dakota Prairie Elementary and the Brookings South Main Fire Station to the
south. In addition, there is planned residential and commercial development to the east in Prairie
Hills Addition.
The land was rezoned along with a Preliminary Plat in 2015; however, the property needs to be
rezoned to match the new subdivision design. The applicant is requesting R-1D, R-2, and R-3, which
is similar to the current zoning. The owners are not intending to have any commercial lots in Fox
Run Addition at this time. The R-1D zoning is proposed on the west side of the land adjacent to the
existing single-family development and then the zoning transitions to R-2 and R-3 closer to Main
Avenue South.
Findings of Fact:
1.The Future Land Use Map in the Comprehensive Plan shows this area as residential.
2.The area is a logical extension of residential land use and the rezoning request fits the current
development pattern.
3.City utilities are available and can be extended to the property.
Planning Commission Recommendation:
The Planning Commission voted 5-0 to recommend approval of the rezoning request.
Attachments:
Ordinance
Planning Commission Minutes 1-2-2018
Revised Notice 12-27-2018
Notice
Revised Rezoning Map 12-27-2018
City of Brookings Printed on 1/18/2018Page 1 of 2
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File #:ORD 18-002,Version:1
Rezoning Map
Parcel Exhibit
Current Zoning Map
City of Brookings Printed on 1/18/2018Page 2 of 2
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Ordinance 18-002
An Ordinance to change the Zoning within the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State
of South Dakota, described as follows, to-wit:
Lot 1, Block 1, Christie Springs Addition; Block 4, Christie Third Addition; and a
portion of the NW ¼ of Section 2-T109N-R50W excluding all outlots and other
platted areas thereof and excluding the S640’ of the N1062’ of the E246’ in NW
¼ of Section 2-T109N-R50W from Residence R-1C Single-Family, Residence R-
3 Apartment, and Business B-2 District to Residence R-1D Single-Family,
Residence R-2 Two-Family, and Residence R-3 Apartment District (Fox Run
Addition).
In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of Ordinances
of Brookings, South Dakota, as said districts are more fully set forth and described in
Articles III and IV, Chapter 94 of Ordinance No. 17-13 of the City of Brookings, South
Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance 17-13 of
the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: January 22, 2018
Second Reading and Adoption:February 13, 2018
Published:February 16, 2018
CITY OF BROOKINGS
________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
Planning Commission
Brookings, South Dakota
January 2, 2018
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning Commission
to order on Tuesday, January 2, 2018, at 5:30 PM in the Chambers Room #310 on the
third floor of the City & County Government Center. Members present were James
Drew, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Fargen.
Absent was Tanner Aiken. Also present were City Planner Staci Bungard, Community
Development Director Mike Struck, City Manager Jeff Weldon, Tyler Harnish, designArc
Group, and others.
Drew recused himself.
Item #6a –VK Properties LLC and Advantage Investment Group LLC submitted a
petition to rezone Lot 1, Block 1, Christie Springs Addition; Block 4, Christie Third
Addition; and a portion of the NW1/4 of Section 2-T109N-R50W excluding all outlots
and other platted areas thereof and excluding the S640’ of the N1062’ of the E246’ in
NW1/4 of Section 2-T109N-R50W from Residence R-1C Single-Family, Residence R-3
Apartment, and Business B-2 District to Residence R-1D Single-Family, Residence R-2
Two-Family, and Residence R-3 Apartment District (Fox Run Addition).
(Pierce/Johnson) Motion to approve the rezone request. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #6a –This is a rezone request for a portion of land on the west side of Main
Avenue South between 20th Street South and 26th Street South. The land is currently
vacant and the general area has residential development to the north and west. The
Dakota Prairie Elementary School and the Brookings South Main Fire Station are
located to the south. This land was rezoned along with a preliminary plat in 2015,
however the property needs to be rezoned to match the new subdivision design. The
applicant is requesting R-1D, R-2, and R-3 which is similar to the current zoning. Drew,
representing Advantage Investment Group LLC, explained that they would like to start
developing this land next year. He feels that the zoning transitions well with the areas
around it. They plan to have R-3 (higher density) zoning along Main Avenue South and
20th Street South. Johnson is concerned about the two Ag lots not having an egress
out. Drew explained that this is just the rezoning process that is being acted on tonight,
but on the plat, they will have accesses included for these lots. Pierce commented that
the upcoming Comprehensive Plan is going to recommend fewer cul-de-sacs because
of the connectivity issue with neighborhoods. Drew understands this, but consumers
are actually in favor of cul-de-sacs, because the traffic isn’t through traffic. Adam
Varenhorst, 2105 Morning Glory Dr, which is west of this area, is concerned that in the
current rezoning map, there is no sign of water retention. Currently they have water
issues in their backyard and this development is going to cause additional drainage
issues for him and his neighbors. Bungard explained that an approved drainage report
will be required before this area is final platted. Bungard recommended to Varenhorst
that he continue to follow the progress of this development as the platting stage will be
coming in the future. Tornquist wondered if this rezone request is consistent to the land
use that the new comprehensive master plan has tentatively planned for this area of
town? Struck stated that it is fairly consistent, however a decision cannot be made on
that plan since it is not officially adopted. Tornquist does understand the benefits and
attractiveness of a cul-de-sac, but also understands the thought of the Comprehensive
Plan Committee of reducing the number of cul-de-sacs.
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN That VK Properties LLC and Advantage Investment
Group LLC submitted a petition to rezone the following described real estate in the City of
Brookings and Brookings County, South Dakota:
Lot 1, Block 1, Christie Springs Addition; Block 4, Christie Third Addition;
and a portion of the NW ¼ of Section 2-T109N-R50W excluding all outlots and
other platted areas thereof and excluding the S640’ of the N1062’ of the E246’
in NW ¼ of Section 2-T109N-R50W from Residence R-1C Single-Family,
Residence R-3 Apartment, and Business B-2 District to Residence R-1D
Single-Family, Residence R-2 Two-Family, and Residence R-3 Apartment
District (Fox Run Addition).
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, January 2, 2018, in the Chambers Room
on the third floor of the Brookings City & County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 22
th day of December, 2017.
____________________________
Staci Bungard, City Planner
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN That Sioux Empire Development Corporation
submitted a petition to rezone the following described real estate in the City of Brookings
and Brookings County, South Dakota:
Lot 1, Block 1, Christie Springs Addition; Block 4, Christie Third Addition;
and a portion of the NW ¼ of Section 2-T109N-R50W excluding all outlots and
other platted areas thereof and excluding the S640’ of the N1062’ of the E246’
in NW ¼ of Section 2-T109N-R50W from Residence R-1C Single-Family,
Residence R-3 Apartment, and Business B-2 District to Residence R-1D
Single-Family, Residence R-2 Two-Family, and Residence R-3 Apartment
District (Fox Run Addition).
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, January 2, 2018, in the Chambers Room
on the third floor of the Brookings City & County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 22
th day of December, 2017.
____________________________
Staci Bungard, City Planner
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FOX RUN ADDITION
BROOKINGS, SD
3 OF 4LEGENDMONUMENT (FOUND)EXISTING PROPERTY LINEPROPOSED PROPERTY LINEPROPOSED ZONING BOUNDARY200'100'050'100'HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 09BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETGRID BEARINGR-1D ZONER-2 ZONER-3 ZONEREZONING MAPLOTS 1 THROUGH 20 OF BLOCK 1, LOTS 1 THROUGH 12 OF BLOCK 2, LOTS 1 THROUGH 26 OF BLOCK 3, LOTS 1THROUGH 33 OF BLOCK 4, LOTS 1 THROUGH 11 OF BLOCK 5, TRACT 1, AND TRACT 2, ALL IN FOX RUN ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTAZONING REGULATIONS:SINGLE-FAMILYDWELLINGTWO DWELLING UNITS6,00050 FEET20 FEET7 FEET25 FEET35 FEETPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-3 APARTMENT DISTRICT1,815**8,40065 FEET20 FEET7 FEET25 FEET35 FEETSINGLE FAMILY ATTACHED0 FEET SIDE YARD2 UNITS9,60075 FEET20 FEET0 FEET OR 7 FEETON NON-PARTYWALL25 FEET35 FEET3 UNITS12,00090 FEET20 FEET25 FEET35 FEET4 UNITS14,000105 FEET20 FEET25 FEET35 FEETAPTS, CONDO'S, TOWNHOUSES*(3 OR MORE UNITS)10,00075 FEET20 FEET7 FEET***25 FEET45 FEETOTHER ALLOWABLE USES6,00050 FEET20 FEET7 FEET***25 FEET45 FEET0 FEET OR 7 FEETON NON-PARTYWALL0 FEET OR 7 FEETON NON-PARTYWALL* THREE HUNDRED SQUARE FEET OF LANDSCAPED AREA SHALL BE PROVIDED FOR EACH DWELLING UNIT EXCLUSIVE OF REQUIREDBUILDING SETBACK AREAS, ACCESS DRIVES AND PARKING LOTS. TWO-THIRDS OF THE LANDSCAPED AREA SHALL BE LOCATED IN ACONTINUOUS, SINGLE TRACT WHICH CONTAINS NO PORTIONS THEREOF WHICH ARE NOT CONTIGUOUS, ADJACENT AND ABUTTING TOEITHER THE ENTIRE WIDTH OR ENTIRE LENGTH OF SAID TRACT. FIFTY PERCENT OF THE REQUIRED LANDSCAPED AREA MAY BE USEDFOR PARKING SPACES IN EXCESS OF THE MINIMUM REQUIREMENT. PARKING LOTS SHALL BE SCREENED FROM SINGLE-FAMILY ANDTWO-FAMILY RESIDENTIAL USES ACCORDING TO SECTION 94-401.** A MAXIMUM OF 24 DWELLING UNITS PER ACRE SHALL BE ALLOWED.*** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREE OR MORE STORIES IN HEIGHT.ZONING REGULATIONS:SINGLE-FAMILYSINGLE-FAMILY,0 FT SIDE YARD - 2 UNITS6,0006,00050 FEET20 FEET6 FEET20 FEET35 FEETPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-1D SINGLE FAMILY6,00012,00080 FEET20 FEET0 FEET*20 FEET35 FEETOTHER ALLOWABLE USES10,00075 FEET20 FEET6 FEET20 FEET35 FEETOTHER ALLOWABLE USES9,00075 FEET20 FEET6 FEET20 FEET35 FEET4,500* OR 6' ON NON-PARTY WALLDENSITY PER FAMILY REQUIREMENTS DO NOT APPLY TO DORMATORIES, FRATERNITIES, SORORITIES, NURSING HOMESOR OTHER SIMILAR GROUP QUARTERS WHERE NO COOKING FACILITIES ARE PROVIDED IN INDIVIDUAL ROOMS.ZONING REGULATIONS:SINGLE-FAMILYDWELLINGSINGLE-FAMILY 0 FEET SIDEYARD 2 UNITSSINGLE-FAMILY 0 FEET SIDEYARD 3 UNITSSINGLE-FAMILY 0 FEET SIDEYARD 4 UNITSTWO-FAMILY DWELLINGSCONDOMINIUMSTOWNHOUSES2 UNITS3 UNITS4 UNITSAPTS., CONDOMINIUMSTOWNHOUSES* 5 OR MORE UNITSOTHER ALLOWABLE USES7,5006,0005,0004,5004,9504,1003,6752,420**7,50012,00015,00018,0009,90012,30014,70016,0007,50050 FEET80 FEET100 FEET120 FEET65 FEET80 FEET95 FEET100 FEET50 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET0 FEET OR 7 FEET ONNONPARTY WALL7 FEET0 FEET OR 7 FEET ONNONPARTY WALL0 FEET OR 7 FEET ONNONPARTY WALL7 FEET7 FEET7 FEET7 FEET***7 FEET***25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET35 FEET35 FEET35 FEET35 FEET35 FEET35 FEET35 FEET35 FEET35 FEETPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-2 TWO-FAMILY DISTRICT* THREE HUNDRED SQUARE FEET OF LANDSCAPED AREA SHALL BE PROVIDED FOR EACH DWELLINGUNIT EXCLUSIVE OF REQUIRED BUILDING SETBACK AREAS, ACCESS DRIVES AND PARKING LOTS.TWO-THIRDS OF THE LANDSCAPED AREA SHALL BE LOCATED IN A CONTINUOUS, SINGLE TRACTWHICH CONTAINS NO PORTIONS THEREOF WHICH ARE NOT CONTIGUOUS, ADJACENT AND ABUTTINGTO EITHER THE ENTIRE WIDTH OR ENTIRE LENGTH OF SAID TRACT. PARKING LOTS SHALL BESCREENED FROM SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL USES ACCORDING TO SECTION94-401.** A MAXIMUM OF 18 DWELLING UNITS PER ACRE SHALL BE ALLOWED.*** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREEOR MORE STORIES IN HEIGHT.
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S640' OF THE N1062'OF THE E246'NW1/4 2-109-50MAIN AVE. SOUTHCHRISTIETHIRDADDITION O.L.DO.L.CO.L.AO.L.BO.L.1ATRACT1CHRISTIEADDITION141516171110987615BLOCK 3CHRISTIE THIRD ADDITIONOWNER:ARLYCE R.THORNEOWNER:ARLYCE R.THORNEF:\22686-00\Design Phase\Acad\Fox Run Preliminary Plat.dwg;12/20/2017 2:15 PM
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FOX RUN ADDITION
BROOKINGS, SD
3 OF 4LEGENDMONUMENT (FOUND)EXISTING PROPERTY LINEPROPOSED PROPERTY LINEPROPOSED ZONING BOUNDARY200'100'050'100'HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 09BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETGRID BEARINGR-1D ZONER-2 ZONER-3 ZONEREZONING MAPLOTS 1 THROUGH 20 OF BLOCK 1, LOTS 1 THROUGH 12 OF BLOCK 2, LOTS 1 THROUGH 26 OF BLOCK 3, LOTS 1THROUGH 33 OF BLOCK 4, LOTS 1 THROUGH 11 OF BLOCK 5, TRACT 1, AND TRACT 2, ALL IN FOX RUN ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTAZONING REGULATIONS:SINGLE-FAMILYDWELLINGTWO DWELLING UNITS6,00050 FEET20 FEET7 FEET25 FEET35 FEETPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-3 APARTMENT DISTRICT1,815**8,40065 FEET20 FEET7 FEET25 FEET35 FEETSINGLE FAMILY ATTACHED0 FEET SIDE YARD2 UNITS9,60075 FEET20 FEET0 FEET OR 7 FEETON NON-PARTYWALL25 FEET35 FEET3 UNITS12,00090 FEET20 FEET25 FEET35 FEET4 UNITS14,000105 FEET20 FEET25 FEET35 FEETAPTS, CONDO'S, TOWNHOUSES*(3 OR MORE UNITS)10,00075 FEET20 FEET7 FEET***25 FEET45 FEETOTHER ALLOWABLE USES6,00050 FEET20 FEET7 FEET***25 FEET45 FEET0 FEET OR 7 FEETON NON-PARTYWALL0 FEET OR 7 FEETON NON-PARTYWALL* THREE HUNDRED SQUARE FEET OF LANDSCAPED AREA SHALL BE PROVIDED FOR EACH DWELLING UNIT EXCLUSIVE OF REQUIREDBUILDING SETBACK AREAS, ACCESS DRIVES AND PARKING LOTS. TWO-THIRDS OF THE LANDSCAPED AREA SHALL BE LOCATED IN ACONTINUOUS, SINGLE TRACT WHICH CONTAINS NO PORTIONS THEREOF WHICH ARE NOT CONTIGUOUS, ADJACENT AND ABUTTING TOEITHER THE ENTIRE WIDTH OR ENTIRE LENGTH OF SAID TRACT. FIFTY PERCENT OF THE REQUIRED LANDSCAPED AREA MAY BE USEDFOR PARKING SPACES IN EXCESS OF THE MINIMUM REQUIREMENT. PARKING LOTS SHALL BE SCREENED FROM SINGLE-FAMILY ANDTWO-FAMILY RESIDENTIAL USES ACCORDING TO SECTION 94-401.** A MAXIMUM OF 24 DWELLING UNITS PER ACRE SHALL BE ALLOWED.*** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREE OR MORE STORIES IN HEIGHT.ZONING REGULATIONS:SINGLE-FAMILYSINGLE-FAMILY,0 FT SIDE YARD - 2 UNITS6,0006,00050 FEET20 FEET6 FEET20 FEET35 FEETPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-1D SINGLE FAMILY6,00012,00080 FEET20 FEET0 FEET*20 FEET35 FEETOTHER ALLOWABLE USES10,00075 FEET20 FEET6 FEET20 FEET35 FEETOTHER ALLOWABLE USES9,00075 FEET20 FEET6 FEET20 FEET35 FEET4,500* OR 6' ON NON-PARTY WALLDENSITY PER FAMILY REQUIREMENTS DO NOT APPLY TO DORMATORIES, FRATERNITIES, SORORITIES, NURSING HOMESOR OTHER SIMILAR GROUP QUARTERS WHERE NO COOKING FACILITIES ARE PROVIDED IN INDIVIDUAL ROOMS.ZONING REGULATIONS:SINGLE-FAMILYDWELLINGSINGLE-FAMILY 0 FEET SIDEYARD 2 UNITSSINGLE-FAMILY 0 FEET SIDEYARD 3 UNITSSINGLE-FAMILY 0 FEET SIDEYARD 4 UNITSTWO-FAMILY DWELLINGSCONDOMINIUMSTOWNHOUSES2 UNITS3 UNITS4 UNITSAPTS., CONDOMINIUMSTOWNHOUSES* 5 OR MORE UNITSOTHER ALLOWABLE USES7,5006,0005,0004,5004,9504,1003,6752,420**7,50012,00015,00018,0009,90012,30014,70016,0007,50050 FEET80 FEET100 FEET120 FEET65 FEET80 FEET95 FEET100 FEET50 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET0 FEET OR 7 FEET ONNONPARTY WALL7 FEET0 FEET OR 7 FEET ONNONPARTY WALL0 FEET OR 7 FEET ONNONPARTY WALL7 FEET7 FEET7 FEET7 FEET***7 FEET***25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET25 FEET35 FEET35 FEET35 FEET35 FEET35 FEET35 FEET35 FEET35 FEET35 FEETPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-2 TWO-FAMILY DISTRICT* THREE HUNDRED SQUARE FEET OF LANDSCAPED AREA SHALL BE PROVIDED FOR EACH DWELLINGUNIT EXCLUSIVE OF REQUIRED BUILDING SETBACK AREAS, ACCESS DRIVES AND PARKING LOTS.TWO-THIRDS OF THE LANDSCAPED AREA SHALL BE LOCATED IN A CONTINUOUS, SINGLE TRACTWHICH CONTAINS NO PORTIONS THEREOF WHICH ARE NOT CONTIGUOUS, ADJACENT AND ABUTTINGTO EITHER THE ENTIRE WIDTH OR ENTIRE LENGTH OF SAID TRACT. PARKING LOTS SHALL BESCREENED FROM SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL USES ACCORDING TO SECTION94-401.** A MAXIMUM OF 18 DWELLING UNITS PER ACRE SHALL BE ALLOWED.*** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREEOR MORE STORIES IN HEIGHT.
ST600141619.29MH-STMST601201620.65MH-STMSTSTSTSTST
SOWNER: RYAN& ELIZABETHMCMILLANOWNER: ADAMVARENHORSTOWNER: TRAVIS &AMIE ENGEBRETSONOWNER: RICKLONGVILLEOWNER: VKPROPERTIES LLC.OWNER: NEIL &JESSICA ANDALOWNER: MARK &STEPHANIE KREIEOWNER: M LLC.OWNER: BROOKINGSSCHOOL DISTRICT 5-1OWNER: DEAN &HELEN CHRISTIEOWNER: DARELL OLSONOWNER: JOHN &JOY MILLSOWNER: JOHN &JOY MILLSMORNING GLORY DRIVE BLUE BELL DRIVEMORNING GLORY DRIVE
S640' OF THE N1062'OF THE E246'NW1/4 2-109-50MAIN AVE. SOUTHCHRISTIETHIRDADDITION O.L.DO.L.CO.L.AO.L.BO.L.1ATRACT1CHRISTIEADDITION141516171110987615BLOCK 3CHRISTIE THIRD ADDITIONOWNER:ARLYCE R.THORNEOWNER:ARLYCE R.THORNEF:\22686-00\Design Phase\Acad\Fox Run Preliminary Plat.dwg;12/20/2017 2:15 PM
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REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.63421"1/2"0SCALE REDUCTION BARJDBPJCJDBJANUARY 201822686.00EXISTING PARCEL MAP
FOX RUN ADDITION
BROOKINGS, SD
2 OF 4200'100'050'100'HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 09BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETGRID BEARINGEXISTING PARCEL MAPLEGENDMONUMENT (FOUND)EXISTING CONTOURS1600EXISTING PROPERTY LINEOWNER INFORMATIONADVANTAGE INVESTMENT GROUP LLC120 MAIN AVE. S.BROOKINGS, SD 57006VK PROPERTIES LLC326 6TH ST. W.BROOKINGS, SD 57006S706.3' OF THE N1094.2' OF THE E281.9'EXC. S640' OF THE N1062' OF THE E246'THEREOF;AND EXC. N422' E223'NW1/4 2-109-50OWNER:ADVANTAGE INVESTMENT GROUP LLCS706.3' OF THE N1094.2'OF THE E281.9' EXC. S640' OFTHE N1062' OF THE E246'THEREOF; AND EXC. N422'E223'NW1/4 2-109-50OWNER: ADVANTAGE INVESTMENT GROUP LLCS455.8' OF THE N1550.0' OF THEE670.5' EXC. BLK 4 CHRISTIETHIRD ADDITIONNW1/4 2-109-50OWNER:ADVANTAGE INVESTMENT GROUP LLCLOT 1 BLOCK 1CHRISTIE SPRINGS ADDITIONOWNER: VK PROPERTIES LLCE620.5' OF BLK 4 CHRISTIETHIRD ADDITIONOWNER:ADVANTAGE INVESTMENT GROUP LLCBLOCK 4CHRISTIE THIRD ADDITIONOWNER:ADVANTAGE INVESTMENT GROUP LLC
B rook ings County, SD
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2018-0034,Version:1
Discussion and possible action on a request from Brookings Empowerment Project (BEP) for
financial assistance for Transitional Housing Pilot Project.
Summary:
The Brookings Empowerment Project (BEP) previously introduced a proposal for a Transitional
Housing Pilot Project at the November 28, 2017 City Council Meeting. BEP said they would return
with a financial request. That request is attached and is in the amount of $7,000. BEP is reserving
the right to request more funding in the event other sources do not materialize.
Fiscal Impact:
If the request is approved, the impact would be $7,000 from a fund cash balance.
Attachments:
Funding Request
FAQ
Presentation from 11-28-2017 Council Mtg.
City of Brookings Printed on 1/18/2018Page 1 of 1
powered by Legistar™
Question Attachment to BEP Funding Request of the City
The following is a listing of frequently asked question of BEP when discussing our Transitional or
Supportive Housing Project:
What is the status of the MOU for the various care providers? Avera? ECBH? Yankton? Community
orgs.? Do you have any of them committed?
East Central Board President, Avera, and the Human Services Center in Yankton have agreed in principle with
the idea of transitional or supportive housing and its benefits. We are currently working on the details with these
organizations. We have engaged an attorney to help us with this process. The rework of East Central by their
board may have an impact on their ability (capacity) to support even if they agree with the approach. Their
timing is the current gate keeper to our process.
If this is a group home, does it need to be licensed and inspected by State Dept. of Health or Human
Services?
This is not a group home It is only a place where rooms with roommates are being rented. BEP will act as the
landlord. Leasing from the original owner and sub-leasing or renting to the individuals that get referred to us by
HSC, and Avera.
How are food, meal prep, cleaning, laundry, utility costs addressed?
The residents are responsible for their own meal preparation, laundry (laundry at residence), and cleaning.
Utility costs are included in their rent because the utility cost are include in the BEP proposed lease with the
original owner.
Without any paid staff, is there any round-the-clock supervision to assist? I assume they need some
type of daily assistance is this is transitional.
Current concept is for East Central to provide Case Management services to the residents. Included in Case
Management would be guidance to other service providers based on the residents need. Around the clock
supervision is not provided. Numbers to call if there are problems will be provided. We are also exploring
alternative sources for Case Management.
We empower, with resources and support, caregivers
and individuals with persistent mental illness.
Educate Advocate Act
Why Housing ?
•Housing is expensive in Brookings
•Low Availability of Subsidized Housing in
Brookings
•Waiting List for Housing Vouchers in Brookings
•Zero Transitional Housing, Supportive Housing,
or Temporary Housing for Mental Health Clients
in Brookings
Housing Continuum
for Mental Health Care Clients
Home
Ownership
Market
Rate
Rental
Affordable
Housing
(Rental)
Supportive
Housing
And
Special
Needs
Housing
Emergency
Housing
Halfway/
Residential/
Transitional
Facilities
Institutional
Self-
Sufficiency
Low Cost to
State
Dependent
Care
High Cost to
State
Service
Enriched
Options
X
BEP
House
http://www.namiflorida.org/storage/Housing_Continuum.pdf
Why Temporary Housing?
•Easier to setup with lower cost
•Temporary Housing gives clients
support while they transition back into
independence
•Highest potential client need
•Not duplicating existing local resources
and services
•Teaching BEP and the Community about
How to do Housing. (This is a pilot )
Housing Project Expenses 2018
Deposit $1,500.00
Lease $18,000/yr $13,500.00
Furniture $4,000.00
Household Supplies, Replacements $2,000.00
Emergency Fund $2,500.00
Insurance (House Liability)$275.00
Rental Assistance Scholarships $3,000.00
Maintenance $1,000.00
Total $27,775
BEP Business Plan for 2018
Planned Expense 2018
Salaries / Benefits $0
Insurance / Legal Fees $2,500
BEP Ops $1,411
Education $2,074
Crisis Mgmt $500
Housing Project $27,775
Total $34,260 Our Need
The BEP
Vision
BEP House
Candidate
Referrals
Client
Normal
ECBH
Therapy
Services
VoRehab,
ICAP,
BHA,
Social
Services
ILC
NAMI,
Churches,
Other
Details of MU
•Referrals from Avera Behavioral and Human Services Center in Yankton
•Memorandum of Understanding
•Adult Female
•High likelihood of success/ willingness to do this type of living / No history of violence etc
•Monthly rent 40% of Monthly Income up to Fair Market Rent
•Lease
•Direct Deposit
•6-12 month stay / Dorm Style Housing / Roommates
•Case Manager (ECBH) manages duration of stay and discharge plan
•Memorandum of Understanding
•Case Manager In place prior to admission
•Supportive Services from existing community organizations
•Memorandum of Understanding
BEP House
Help Build the Dream
Opening Spring of 2018 with your help