HomeMy WebLinkAbout2016_01_26 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
Vision Statement: "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 26, 2016
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 2016-0089 Action to approve the January 12 City Council Minutes.
1/12/2016 MinutesAttachments:
3.C.ID 2016-0085 Action to hold a City Council meeting on March 8, 2016.
3.D.RES 16-009 Action on Resolution 16-009, a Resolution declaring Parks & Forestry
equipment as surplus property.
ResolutionAttachments:
Page 1 City of Brookings
January 26, 2016City Council Meeting Agenda
3.E.ID 2016-0046 Action to authorize the City Clerk to proceed with a Vote Center Election
for the Joint City/School April 12, 2016 Election.
3.F.ID 2016-0073 Action on Abatement of property taxes for Parcel No.
40090-01300-019-00, Lot 19, Block 13, Camelot Square Addition,
Brookings.
Abatement FormAttachments:
3.G.ID 2016-0074 Action on Abatement of property taxes for Parcel No.
40960-11050-354-00, located on Outlot A, excluding Lot H2 & excluding
D & D Addition in the Southeast ¼, Section 35-T110N-R50W,
Brookings.
Abatement FormAttachments:
3.I.RES 16-005 Action on Resolution 16-005, a Resolution authorizing Change Order
No. 1 (Final) for 2015-07STI Asphalt Concrete Freight on Board Project;
Bowes Construction, Inc.
Resolution
spreadsheet
Attachments:
3.J.RES 16-006 Action on Resolution 16-006, a Resolution authorizing Change Order
No. 1 (Final) for 2015-04STI, 26th Street South and Main Avenue South
Traffic Signal Project; Action Electric.
ResolutionAttachments:
3.K.RES 16-012 Action on Resolution 16-012, a Resolution Fixing Time and Place for
Hearing Upon Assessment Roll for Sidewalk Assessment Project No.
2015-01SWR (2015 Sidewalk Repair Sites).
ResolutionAttachments:
3.L.RES 16-015 Action on Resolution 16-015, a Resolution setting fees for
Transportation Network Companies and drivers.
ResolutionAttachments:
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.
Page 2 City of Brookings
January 26, 2016City Council Meeting Agenda
5.C.ID 2016-0041 Presentation of annual Dr. Martin Luther King, Jr. Day Awards by the
Mayor and the Human Rights Commission.
Poster K-3 - 1st Place - Anika Hooda
Poster K-3 - 2nd Place - Brooklyn Ballis
Poster K-3 - 3rd Place - Ernest Ting
Poster K-3 - Honorable Mention - Brooklyn Lueders
Poster K-3 - Honorable Mention - Grace Mary Vostad
Poster K-3 - Honorable Mention - Sophie Schoeld
Poster 4-5 - 1st Place - Zoe Ritter
Poster 4-5 - 2nd Place - Ahmed Sarah
Poster 4-5 - 3rd Place - Nicole Sanchez
Poster 4-5 - Honorable Mention - Alora Good Shield
Poster 4-5 - Honorable Mention - Jeffrey Min
Poster 4-5 - Honorable Mention - Alisha Lam
Poster 4-5 - Honorable Mention - Lillianne Weber
Middle School Essay - 1st Place - Prasoon Kharel
Middle School Essay - 2nd Place - Aditya Tummala
Middle School Essay - 3rd Place - Isha Hooda
Middle School Essay - Honorable Mention - Tristina Ting
High School Essay - 1st Place - Marina Du
High School Essay - 2nd Place - Shannon VanderVliet
High School Essay - 3rd Place - Brianna Serrett
High School Essay - Honorable Mention - Jane Ardry
Attachments:
6. Contracts/Change Orders:
6.A.RES 16-007 Action on Resolution 16-007, a Resolution to purchase One (1) New
2016 Chevrolet Silverado 3500HD 4x4 Extended Cab Long Box for the
Parks, Recreation & Forestry Dept. (Parks)
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.B.RES 16-010 Action on Resolution 16-010, a Resolution to purchase one (1) John
Deere 324K Wheel Loader off of the National Joint Purchasing
Agreement for the Parks, Recreation & Forestry Dept. (Parks)
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
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.
Page 3 City of Brookings
January 26, 2016City Council Meeting Agenda
7.A.ORD 16-003 Introduction and First Reading on Ordinance 16-003, an Ordinance on a
Petition to Rezone Lot 2, Block 1, Foster Addition from an Industrial I-1R
District to an Industrial I-1 District. Public Hearing: February 9, 2016.
Ordinance
Notice
Planning Commission Minutes
Rezone Drawing
Site Plan Requirements
Plat Drawing
Attachments:
7.B.ORD 16-004 Introduction and First Reading on Ordinance 16-004, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining
to the creation of a Residence R-1D District for the purposes of
administration of the Zoning Ordinance. Public Hearing: February 9,
2016.
Ordinance
Notice
Planning Commission Minutes
R-1D Development Example: Pactola Cove
Attachments:
7.C.ORD 16-005 Introduction and First Reading on Ordinance 15-005, an Ordinance
establishing a Dedicated Public Art Fund of the City of Brookings.
Public Hearing: February 9, 2016.
OrdinanceAttachments:
7.D.ORD 16-006 Introduction and First Reading on Ordinance 16-006, an Ordinance
creating the Brookings Public Arts Commission for the City of Brookings.
Public Hearing: February 9, 2016.
Ordinance
Guidelines
Attachments:
8. Public Hearings and Second Readings:
8.A.ORD 16-001 Public Hearing and Action on Ordinance 16-001, an Ordinance creating
the Brookings Bicycle Advisory Committee for the City of Brookings,
South Dakota.
Ordinance
Charter
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
1/12/16 City Council read into the record
8.B.ORD 16-002 Public Hearing and Action on Ordinance 16-002, an Ordinance creating
Page 4 City of Brookings
January 26, 2016City Council Meeting Agenda
an Urban Chicken Demonstration/Pilot Project and temporarily
amending Chapter 14 of the Code of Ordinances of the City of
Brookings, South Dakota to include provisions pertaining to the keeping
of chickens pursuant to a Pilot Project of Limited Duration in the City of
Brookings.
Ordinance
Temporary Permit and Guidelines
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
1/12/16 City Council read into the record
8.C.RES 16-008 Public Hearing and Action on Resolution 16-008, a Resolution
amending the Major Street Plan of the City of Brookings.
Resolution
Notice
Planning Commission Minutes
Master Street Plan - revision Prairie Hills
Street Plan - Prairie Hills Swallow Ridge
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.RES 16-014 Action on Resolution 16-014, a Resolution authorizing the Retirement of
Brookings Municipal Utility Bonds issued in 1998, 1999, and 2000; in the
actions of the Brookings Municipal Utilities Board.
Resolution
Memo from Steve Meyer
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.ID 2016-0044 Action to Approve an Interfund Loan between the Solid Waste Fund and
the Swiftel Center Fund.
Trench Reserve BalanceAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.C.ID 2016-0008 Action to appoint a City Council Member, effective 2/10/2016 -
4/30/2016.
Edward J. Ballou
Arnold M. Brown
David M. Meyer
Douglas A. Smith
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10. City Council member introduction of topics for future discussion.
Page 5 City of Brookings
January 26, 2016City Council Meeting Agenda
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:
Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member
Council Members Patty Bacon, Dan Hansen, Scott Meyer, Ope Niemeyer, Jael Thorpe
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.
Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community
decision makers and other residents. Where these ideas overlap is the future of Brookings.
www.engagebrookings.org
Page 6 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 2016-0089,Version:1
Action to approve the January 12 City Council Minutes.
Attachments:
January 12 Minutes
City of Brookings Printed on 1/21/2016Page 1 of 1
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Brookings City Council
January 12, 2016 (unapproved)
The Brookings City Council held a meeting on Tuesday, January 12, 2016 at 6:00 p.m.,
at City Hall with the following members present: Mayor Tim Reed, Council Members
Keith Corbett, Dan Hansen, Ope Niemeyer, Patty Bacon, Jael Thorpe, and Scott Meyer.
City Attorney Steve Britzman, City Manager Jeffrey Weldon and City Clerk Shari
Thornes were also present.
Consent Agenda. Action to cancel the January 19th Study Session was added to the
agenda, and Item #5.C. Request from Dustin Kjelden, representative of Sterling
Technologies, was removed from the agenda. A motion was made by Council Member
Hansen, seconded by Council Member Meyer, to approve the Consent Agenda as
amended. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Meyer, Thorpe, and Bacon.
3.A. Action to approve the agenda, as amended.
3.B. Action to approve the December 8 and December 15 City Council Minutes.
3.C. Action on Resolution 16-002, a Resolution directing preparation of
Assessment Roll, dividing Assessments into Installments, and providing for the
collection thereof for Sidewalk Assessment Project 2015-01SWR (2015 Sidewalk
Repairs).
Resolution 16-002 - Resolution Directing Preparation of Assessment Roll, Dividing
Assessments into Installments, and Providing for the Collection Thereof for Sidewalk
Assessment Project 2015-01SWR (2015 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
15-074, Resolution Determining the Necessity of Repairing or Installing Sidewalks
for Sidewalk Assessment Project No. 2015-01SWR. 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. 2015-01SWR 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 $181,702.36; Engineering, inspection, fiscal, legal expense, publication
$525.04; for a Total Expense of $182,227.40.
4.The total cost of said improvement shall be paid as follows: City Repair Costs
$172,951.65, and Assessable Costs $8,750.71.
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
or 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 the special assessment is
ten percent (10%).
3.D. Action to appoint the following Affordable Housing Task Force members:
Patty Bacon, City Council, Jacob Mills (development), Kelan Bludorn (realtor), Mary Jo
Minor (development/rentals), Ryan Krogman (realtor), Connie Bridges (mortgage
lender), Mike Lockrem (sustainability council), Al Heuton (economic development), and
Angie Boersma (architect).
Mayoral Proclamation. Presentation of Mayor Proclamation declaring January as
National Mentor Month in the City of Brookings.
Resolution 16-004. A motion was made by Council Member Corbett, seconded by
Council Member Hansen, that Resolution 16-004, a Resolution authorizing the City
Manager to sign documents for Airport Consultant Selection for Airport Improvements
for 2016 through 2020, be approved. The motion carried by the following vote: Yes: 7 -
Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 16-004 - Resolution Authorizing the City Manager
to Sign Documents for Airport Consultant Selection for Airport Improvements
for 2016 through 2020
Whereas, the Brookings City Council desires South Dakota Department of
Transportation and Federal Aviation Administration assistance with the Brookings
Regional Airport Improvement Projects for 2016 through 2020; and
Whereas, the City of Brookings desires professional services with Helms and
Associates for the Brookings Regional Airport Improvement Projects for 2016 through
2020 including purchasing a braking meter, design of Runway 17/35 reconstruction,
reconstruct Runway 17/35, design of Parallel Taxiway to Runway 35 End and construct
Parallel Taxiway to Runway 35 End.
Now, Therefore Be It Resolved that the City Manager of the City of Brookings is
authorized to sign the Agreement and other related documents for Airport Consultant
Selection for Brookings Regional Airport Improvement Projects for 2016 through 2020.
Resolution 16-001. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that Resolution 16-001, a Resolution authorizing Change
Order No. 5 (Final) for 2014-02STA, Main Avenue South and 26th Street South
Assessment Project; Bowes Construction, Inc. be approved. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 16-001 - Resolution Authorizing Change Order No. 5 (Final)
for 2014-02STI, Main Avenue South and 26th Street South Assessment Project;
Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for
2014-02STI, Main Avenue South and 26th Street South Assessment Project:
Construction Change Order Number 5 (Final): Schedule A & B: Adjust from plan
quantities to as-constructed quantities and for additional work to construct a concrete
bike trail bridge, additional valley gutter, tree removal and ditch excavation for a total
increase of $126,086.45 to the contract to close out the project.
First Reading: Ordinance 16-001. Introduction and First Reading on Ordinance 16-
001, an Ordinance creating the Brookings Bicycle Advisory Committee for the City of
Brookings, South Dakota. Public Hearing: January 26, 2016.
First Reading: Ordinance 16-002. Introduction and First Reading on Ordinance 16-
002, an Ordinance creating an Urban Chicken Demonstration/Pilot Project and
temporarily amending Chapter 14 of the Code of Ordinances of the City of Brookings,
South Dakota to include provisions pertaining to the keeping of chickens pursuant to a
Pilot Project of Limited Duration in the City of Brookings. Public Hearing: January 26,
2016.
Ordinance 15-024. A public hearing was held on Ordinance 15-024, an Ordinance
amending Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota
to include the regulation of Transportation Network Companies in the City of
Brookings. A motion was made by Council Member Meyer, seconded by Council
Member Bacon, to approve Ordinance 15-024. The motion carried by the following vote:
Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Legal Description Change. A public hearing was held on a legal description change
for Liquor Operating Agreement Holder, Elks Lodge #1490, 516 4th Street, Brookings,
South Dakota, legal description: Lot 3, Block 2, First Addition; legal description addition:
Lots 3, 4, 5, 6 and 7, Block 2, First Addition. A motion was made by Council Member
Corbett, seconded by Council Member Hansen, that the legal description change be
approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Temporary Alcohol License. A public hearing was held on a Temporary Alcohol
License for the City to host a Reception for Outgoing Council Member Scott Meyer on
January 27, 2016 at 311 3rd Street (Homestead Co-working Space). A motion was
made by Council Member Niemeyer, seconded by Council Member Hansen, that the
temporary alcohol license be approved. The motion carried by the following vote: Yes: 7
- Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 16-003. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Resolution 16-003, a Resolution calling for opt-out public
vote to the property tax limitation for purposes of financing the proposed Brookings
Community Recreation Center, be approved. The motion carried by the following vote:
Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 16-003 - Resolution for Opt Out
The City Council of the CITY OF BROOKINGS, SOUTH DAKOTA does hereby state
that the City of Brookings is unable to operate under current state law property tax
limitation provisions. The City therefore OPTS OUT of such tax limitations in the amount
of $1,400,000 per annum, starting with calendar year 2016 taxes payable in calendar
year 2017. This opt out will remain in place for 20 years, covering taxes payable in
calendar years 2017 through 2036. This action has been taken by the City Council and
approved by at least a two-thirds vote of the City Council.
The purpose of the opt out is to provide a revenue source for the funding of a new
Recreational Center. The intent is to finance the new Recreational Center with the tax
proceeds of this Opt Out in an amount not to exceed $18,000,000.
This decision is hereby referred to a vote of the people to be held on April 12, 2016. If
approved by a majority vote of the people, this resolution authorizes the county auditor
to spread an excess levy to raise tax dollars in the above stated amount.
Comprehensive Master Plan Advisory Committee Charter. A motion was made by
Council Member Meyer, seconded by Council Member Thorpe, that Adoption of a
Charter authorizing the Comprehensive Master Plan Advisory Committee, be approved.
The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Thorpe, Meyer, and Bacon.
Charter - City of Brookings SD
Comprehensive Master Plan Advisory Committee
Purpose:
The City of Brookings seeks thoughtful growth and development supporting a long-term
vision of the future of Brookings. A comprehensive master plan would identify how the
physical growth and development of the Brookings community could align with future
goals and dreams of its citizens and leaders.
A thriving community is dependent on internal and external investments of both time
and money. Attracting these investments requires a more detailed road map to illustrate
how and where the City of Brookings will develop.
The purpose of the Comprehensive Master Plan Advisory Committee is to assist the
City in developing a new Comprehensive Master Plan. The Advisory Committee’s
Mission is to build consensus around a comprehensive strategy for Brookings’ future by
engaging community input and advise the process of developing the Plan. The
Committee will collaborate with the Planning Commission and city staff to complete the
plan.
Specific Objectives:
●Develop and direct the process to complete a new plan
oResearch and gather comparable plans and processes
oResearch use of a Consultant to aid in the development of the Plan
oDevelop a Budget
oPresent Budget to Council for Approval
oAdvise the City Manager in selection of Consultant
oWork with the Consultant to complete a new plan
oDevelop milestones and deliverable due dates
oExecute the process to deliver a draft plan for Planning Commission and
City Council approval.
oThe Advisory Committee shall formally report its activities to the Planning
Commission quarterly.
●Engage community members and stakeholders to provide input and comment
throughout the process of developing the plan. It is important that a broad cross
section of the community be represented.
●Seek out advice and council of community stakeholders including but not limited to;
oCounty Commission
oSchool District
oCity Sustainability Council
oBrooking Committee for those with Disabilities
oHistoric Preservation Commission
oAffordable Housing Task Force
oBrookings Economic Development Corporation
oBrookings Chamber and Convention and Visitor Bureau
●Identify Physical and Conceptual Scope of Comprehensive Master Plan
●Identify community priorities and values to be addressed through a Master Plan
Study. For Example:
oSafety, Health and Wellness
oDiversity, Creativity, Authenticity
oEconomic Development & Entrepreneurship Growth
oSustainability
oPlace-making & Community Character
oHistoric Preservation
oWork force and Affordable Housing Solutions
●Determine spatial priorities to be considered. For Example:
oVehicular, pedestrian(walkability), and bike transportation
oPublic Space
oPotential Adaptive Reuse
oGrowth and Redevelopment Strategies
oZones (Downtown, Commercial, Industrial, and Residential)
The Master Plan should be developed considering:
●Existing City Comprehensive Plan
●County Comprehensive Plan
●Community Vision, Forecasted Growth, Gateway Plan, Parks and Recreation
Master Plan, Master Transportation Plan, and other Community Planning
Documents.
●Visioning Charrettes
Membership
Voting Members appointed by Mayor with Council consent.
●9-11 members selected from the following;
oCity Council Member
oPlanning Commission Member(s)
oCitizens-at-large
oCitizens or Planning Commission Member with background in urban
planning or landscape architecture
oCitizens or Planning Commission Member with background in architecture
oThe Business Community
oUniversity Representative
oSchool District Representative
oHistoric Preservation Commission Member
oSustainability Council Member
The City Manager or representative will be a non-voting member of the Committee.
City staff per the direction of the City Manager will staff the committee.
Expectations of members:
●Adhere to the City’s Code of Ethics
●Adhere to City Meeting Policies
Discussion with City Council Applicants. Applicants Edward J. Ballou, Arnold M.
Brown, David M. Meyer and Douglas A. Smith provided information and responded to
questions.
Action to cancel meeting. A motion was made by Council Member Hansen, seconded
by Council Member Meyer, to cancel the January 19th Study Session. The motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe,
Meyer, and Bacon.
Adjourn. A motion was made by Council Member Corbett, seconded by Council
Member Meyer, to adjourn the meeting at 7:56 p.m. The motion carried by a unanimous
vote.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
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 2016-0085,Version:1
Action to hold a City Council meeting on March 8, 2016.
Summary:
State Law requires official Council action to schedule or cancel a meeting.
This meeting was originally cancelled due to the National League of Cities Conference; however, no
City Council members are attending.
City of Brookings Printed on 1/21/2016Page 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 #:RES 16-009,Version:1
Action on Resolution 16-009, a Resolution declaring Parks & Forestry equipment as surplus property.
Summary:
The City of Brookings is the owner of the following described equipment formerly used at the City of
Brookings Parks and Forestry Department:
§One (1) 1987 John Deere 84 Payloader, Serial Number T60084X000203
Background:
The City Parks, Recreation & Forestry Department will surplus their 1987 John Deere 84 Payloader,
which will be replaced with a new payloader budgeted in the 2016 CIP. The Parks, Recreation &
Forestry Department plans to sell the payloader on the Public Surplus website.
Fiscal Impact:
The City will receive the sale value of the payloader. Council action is required to declare these
items surplus.
This equipment is being declared surplus property according to SDCL Chapter 6-13.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 16-009
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment formerly
used at the City of Brookings Parks, Recreation & Forestry Department:
One (1) 1987 John Deere 84 Payloader
Serial Number T60084X000203
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as
surplus property; and
Whereas, the City Manager hereby authorized to sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6-13.
Passed and approved this 26th day of January, 2016.
CITY OF BROOKINGS
_________________________________
Tim Reed, 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 2016-0046,Version:1
Action to authorize the City Clerk to proceed with a Vote Center Election for the Joint City/School
April 12, 2016 Election.
Summary:
State Law requires council action to authorize the use of a Vote Center.
City, County and School election officials plan to operate the April 12, 2016 Joint City/School Election
as a Voting Center Election. Vote Centers replace precinct-based voting allowing residents to cast
ballots at any voting location within the City. There will be three vote centers within the city limits for
the April 12th joint election located at: Brookings Activity Center (320 5th Ave.), Bethel Baptist Church
(714 17th Ave. So.), and Holy Life Tabernacle Church (241 Mustang Pass.
Recommendation:
Staff recommends approval.
City of Brookings Printed on 1/21/2016Page 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 2016-0073,Version:1
Action on Abatement of property taxes for Parcel No. 40090-01300-019-00, Lot 19, Block 13,
Camelot Square Addition, Brookings.
Summary:
This motion will authorize Brookings County to abate the property taxes for Parcel No. 40090-01300-
019-00, Lot 19, Block 13, Camelot Square Addition, Brookings.
Background:
This City of Brookings accepted the conveyance of this property on February 10, 2015, which is
located in Camelot Square Addition. The previous property owner paid the City for their share of the
pro-rated taxes. The property taxes for 2015 are being abated now that the City owns the property.
Fiscal Impact:
The property tax revenue will be reduced by $1,157.08.
Recommendation:
Staff recommends approval.
Attachments:
Abatement Form
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Brookings City Clerk
Abatement and Refunds
South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be
abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said
application.
In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the
action of the municipality shall be certified to and filed with the county auditor of the county within thirty days
after an application for such concurrence shall have been filed with the clerk or the presiding officer of the
governing body of such municipality, and if not so filed with said county auditor within such time, the municipality
shall be deemed to have concurred in granting the application.
Application: City of Brookings
Year: 2015
Abatement Amount for 2015: $1,157.08
Address: N/A
Parcel Number: 40090-01300-019-00
Legal Description: Lot 19, Block 13, Camelot Square Addition
Background: This parcel was deeded to the City in 2015. The revised taxes are as follows:
2015 property taxes charged: $1,157.08
2015 revised property taxes: $0.00
Amount to be abated from 2015 taxes: $1,157.08
I hereby certify that on January 26th, 2016, the following attached application for abatement or refund of taxes has
been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota.
Such action is recorded in the official minutes of said municipality, dated January 26, 2016, and reads as follows:
“A motion was made by CM ??, seconded by CM ??, to approve an abatement request made by the City of
Brookings to abate the 2015 property taxes in the amount of $1,157.08 for Parcel No. 40090-01300-019-00,
located on Lot 19, Block 13, in Camelot Square Addition.”
“All present voted yes; motion carried.”
Signed by: ______________________________
Shari Thornes, City Clerk
City of Brookings, Brookings, SD
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 2016-0074,Version:1
Action on Abatement of property taxes for Parcel No. 40960-11050-354-00, located on Outlot A,
excluding Lot H2 & excluding D & D Addition in the Southeast ¼, Section 35-T110N-R50W,
Brookings.
Summary:
This motion will authorize Brookings County to abate property taxes for Parcel No. 40960-11050-354-
00 located on Outlot A, excluding Lot H2 & excluding D & D Addition in the Southeast ¼, Section 35-
T110N-R50W, Brookings.
Background:
The City of Brookings approved the purchase of this property from the Costello family on July 28,
2015 and it was transferred to the City in September, 2015. The property taxes for 2015 are being
prorated and this motion will abate the City’s share of the taxes.
Fiscal Impact:
The property tax revenue will be reduced by $1,367.04.
Recommendation:
Staff recommends approval.
Attachments:
Abatement form
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Brookings City Clerk
Abatement and Refunds
South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be
abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said
application.
In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the
action of the municipality shall be certified to and filed with the county auditor of the county within thirty days
after an application for such concurrence shall have been filed with the clerk or the presiding officer of the
governing body of such municipality, and if not so filed with said county auditor within such time, the municipality
shall be deemed to have concurred in granting the application.
Application: City of Brookings
Year: 2015
Abatement Amount for 2015: $1,367.04
Address: N/A
Parcel Number: 40960-11050-354-00
Legal Description: Outlot A, excluding Lot H2 & excluding D & D Addition in
the Southeast ¼ of Section 35-T110N-R50W
Background: This parcel was deeded to the City in 2015. The revised taxes are as follows:
2015 property taxes charged: $4,479.20
2015 revised property taxes: $3,112.16
Amount to be abated from 2015 taxes: $1,367.04
I hereby certify that on January 26th, 2016, the following attached application for abatement or refund of taxes has
been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota.
Such action is recorded in the official minutes of said municipality, dated January 26, 2016, and reads as follows:
“A motion was made by CM ??, seconded by CM ??, to approve an abatement request made by the City of
Brookings to abate the 2015 property taxes in the amount of $1,367.04 for Parcel No. 40960-11050-354-00,
located on Outlot A, excluding Lot H2 & excluding D & D Addition, Section 35-T110N-R50W.
“All present voted yes; motion carried.”
Signed by: ______________________________
Shari Thornes, City Clerk
City of Brookings, Brookings, SD
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 16-005,Version:1
Action on Resolution 16-005, a Resolution authorizing Change Order No. 1 (Final) for 2015-07STI
Asphalt Concrete Freight on Board Project; Bowes Construction, Inc.
Summary:
This resolution will approve Change Order No. 1 (Final) for 2015-07STI Asphalt Concrete Freight on
Board Project.
Background:
This project is the annual Street Maintenance Project that provides the asphalt patching material that
the Street Department picks up at the plant to repair patches throughout the City. This project has
been completed and is ready to be closed out. This resolution will adjust the plan quantities to as-
built quantities, for a decrease of $32,740.72 to the contract. The decrease is due to multiple
reasons which include: a large number of overlay projects in 2015, the Street Department’s time
involved in relocating to a temporary facility, and an increased amount of time spent assisting other
departments.
Fiscal Impact:
There will be a decrease of $32,740.72 to the contract.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Spreadsheet
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Resolution 16-005
A Resolution Authorizing Change Order No. I (Final),
for 2015-07STI Freight On Board Project; Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for 2015-
07STI Freight on Board Project:
Construction Change Order Number I Final
Adjust estimated bid quantities to “as-built” quantities for a total decrease of $32,740.72
to close out the project.
Passed and approved this 26th day of January, 2016.
CITY OF BROOKINGS
_________________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
2015-07STI ASPHALT CONCRETE FREIGHT ON BOARD (FOB)
BOWES CONSTRUCTION INC.: CHANGE ORDER NO. 1 FINAL
BOWES CHANGE
ITEM WORK OR MATERIAL UNITS PLAN CONSTRUCTION EXTENSION FINAL FINAL ORDER
NO.QUANTITY BID PRICES QUANTITIES COST COST
1 ASPHALT CONCRETE CLASS D, TYPE 1 TON 25.0 $20.00 $500.00 0.000 $0.00 -$500.00
2 ASPHALT CONCRETE CLASS E, TYPE 1 & E2 TON 700.0 $20.00 $14,000.00 97.065 $1,941.30 -$12,058.70
3 ASPHALT CONCRETE CLASS G, TYPE 1 TON 400.0 $24.00 $9,600.00 0.000 $0.00 -$9,600.00
4 ASPHALT CONCRETE CLASS G, TYPE 1 or 2 85% QUARTZ TON 50.0 $28.00 $1,400.00 4.625 $129.50 -$1,270.50
5 ASPHALT CONCRETE CLASS G, TYPE 2 TON 25.0 $28.00 $700.00 0.000 $0.00 -$700.00
6 ASPHALT CEMENT TON 80.0 $580.00 $46,400.00 48.300 $28,014.00 -$18,386.00
7 ASPHALT TACK COAT TON 20.0 $700.00 $14,000.00 7.150 $5,005.00 -$8,995.00
8 ASPHALT CLASS HR TON 0.0 $20.00 $0.00 369.045 $7,380.90 $7,380.90
9 ASPHALT CLASS Q3R TON 0.0 $28.00 $0.00 385.135 $10,783.78 $10,783.78
10 ASPHALT P401 TON 0.0 $24.00 $0.00 25.200 $604.80 $604.80
SUBTOTAL $86,600.00 $53,859.28 -$32,740.72
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 16-006,Version:1
Action on Resolution 16-006, a Resolution authorizing Change Order No. 1 (Final) for 2015-04STI,
26th Street South and Main Avenue South Traffic Signal Project; Action Electric.
Summary:
This resolution will approve Change Order No. 1, Final, for 2015-04STI 26th Street South and Main
Avenue South Traffic Signal Project.
Background:
This project involved the construction of new traffic signals at the intersection of 26 th Street South and
Main Avenue South. The project included LED traffic signals with mast arms, curb ramps, conduit,
emergency vehicle preemption, pedestrian push buttons and countdown timers. The project was
designed by HDR Engineering of Sioux Falls and was constructed by Action Electric Company.
The project has been completed and can be closed out. This change order will adjust contract
quantities to as-constructed quantities for a total decrease of $2,070.24 to close out the project. The
following is a summary:
Original Contract Price:$165,363.93
Change from Previously Approved Change Orders:$0.00
Contract Price Prior to this Change Order:$165,363.93
Decrease of this Change Order (No. 1 Final):$2,070.24
Contract Price incorporating this Change Order:$163,293.69
Fiscal Impact:
There will be a reduction of $2,070.24 to the contract.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 16-006
Resolution Authorizing Change Order No. 1, Final, for
2015-04STI 26th Street South and Main Avenue South Traffic Signal Project
Action Electric Company
Be It Resolved by the City Council that the following change order be allowed for 2015-
04STI, 26th Street South and Main Avenue South Traffic Signal Project:
Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed
quantities for a total decrease of $2,070.24 to close out the project.
Passed and approved this 26th day of January, 2016.
CITY OF BROOKINGS
________________________________
Tim Reed, 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 16-012,Version:1
Action on Resolution 16-012, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll
for Sidewalk Assessment Project No. 2015-01SWR (2015 Sidewalk Repair Sites).
Summary:
This resolution will set the date for the public hearing on the assessment roll for 2015-01SWR, 2014
Sidewalk Repairs.
Background:
This project was the annual concrete project and entailed construction of miscellaneous concrete
work including curb and gutter repair, fillets, valley gutters, curb ramps, pavement replacement on
Railroad Street and homeowner trip hazard sidewalks. The project was completed and the final
change order was approved. The City is proceeding with the assessment process to bill the property
owners for their sidewalk construction costs. Resolution No. 15-074 adopted on July 14, 2015
authorized the sidewalk assessment project for the trip hazard sidewalks. The assessment cost for
each landowner 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 9, 2016 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
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Resolution 16-012
Resolution Fixing Time and Place for Hearing Upon Assessment Roll for
Sidewalk Assessment Project No. 2015-01SWR, (2015 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. 2015-01SWR having
been filed in the office of the City Clerk on the 19th day of January, 2016, the City
Council shall meet in the Chambers at the City & County Government Center,
520 3rd Street, Brookings, SD on Tuesday, the 9th day of February, 2016, 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. 2015-01SWR, 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 26th day of January, 2016.
CITY OF BROOKINGS
________________________________
Tim Reed, 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 16-015,Version:1
Action on Resolution 16-015, a Resolution setting fees for Transportation Network Companies and
drivers.
Summary:
On January 12, 2016, the City Council adopted Ordinance 15-024, which provides for the licensing of
Transportation Network Services in the City of Brookings. The attached Resolution sets the annual
license fees for the Transportation Network Companies and drivers.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 16-015
Resolution establishing the Fees for Transportation Network Companies and
drivers in the City of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, approved Ordinance 15-024 of the City of Brookings provides for the
regulation of Transportation Network Companies and requires a license be obtained;
and
Whereas, the License Fee shall be set by Resolution from time to time by the City
Council.
Now, Therefore, Be It Resolved that the City of Brookings sets the license fee pertaining
to Transportation Network Companies at $250.00, and drivers at $25.00 for new
license, and $15.00 for renewal, per calendar year.
Passed and approved this 26th day of January, 2016.
CITY OF BROOKINGS:
Tim Reed, 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 2016-0041,Version:1
Presentation of annual Dr. Martin Luther King, Jr. Day Awards by the Mayor and the 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 “Only Love Can Drive Out Hatred.”The theme for the
essay contest was “Darkness Cannot Drive Out Darkness: Only Light Can Do That. Hate Cannot
Drive Out Hate: Only Love Can Do That.”
Mayor Tim Reed will present the winners with their awards. All poster entries will be on display at
various downtown storefronts January 16th through the 31st, and on the City of Brookings website.
Grade K-3 - Poster
Anika Hooda
1st Place $25.00
Medary Elementary - 2nd Grade
Teacher - Mrs. Shepardson
Parents - Davender & Ritu Hooda
Brooklyn Ballis
2nd Place $15.00
Hillcrest Elementary - 2nd Grade
Teacher - Mrs. Leite
Parents - Justin & Holly Ballis
Ernest Ting
3rd Place $10.00
Hillcrest Elementary - 3rd Grade
Teacher - Mrs. Nass
Parents - Francis & Angeline Ting
Brooklyn Lueders
Honorable Mention
Dakota Prairie Elementary - 3rd Grade
Teacher - Mrs. Hansen
Parents - Brian & Michelle Lueders
Grace Mary Vostad
Honorable Mention
nd
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File #:ID 2016-0041,Version:1
Hillcrest Elementary - 2nd Grade
Teacher - Mrs. Ballis
Parents - Jeff & Laura Vostad and Kelly & Stacey VanBeek
Sophie Schoeld
Honorable Mention
Hillcrest Elementary - 2nd Grade
Teacher - Mrs. Ballis
Parents - David & Nyla Schoeld
Grade 4-5 - Poster
Zoe Ritter
1st Place $25.00
Camelot Intermediate School - 5th Grade
Teacher - Mr. Hauge
Parents - Angela Ritter and Erik Ritter
Ahmed Sarah
2nd Place $15.00
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Stoltenberg
Parents - Nawras Sarah
Nicole Sanchez
3rd Place $10.00
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Stoltenberg
Parents - Joan Sanchez Duarte & Maria Ninostroza
Alora Good Shield
Honorable Mention
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Nelson
Parents - Randyn & Angeline Funderburg
Jeffrey Min
Honorable Mention
Camelot Intermediate School - 5th Grade
Teacher - Miss Gullickson
Parents - Manki Min & Mijeong Kim
Alisha Lam
Honorable Mention
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Stoltenberg
Parents - Sau Yin Cham & Jason Lam
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File #:ID 2016-0041,Version:1
Lillianne Weber
Honorable Mention
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Stoltenberg
Parents - Shawn & Jen Weber
Essay - Middle School
Prasoon Kharel
1st Place $100.00
Mickelson Middle School - 7th Grade
Teacher - Mr. Jacobsen
Parents - Parashu Kharel & Kala Sharma Kharel
Aditya Tummala
2nd Place $75.00
Mickelson Middle School - 6th Grade
Teacher - Mrs. Kleinjan
Parents - Hemachand Tummala & Vijaya Gaddipati
Isha Hooda
3rd Place $50.00
Mickelson Middle School - 7th Grade
Teacher - Mr. Schneider
Parents - Davender & Ritu Hooda
Tristina Ting
Honorable Mention
Mickelson Middle School - 6th Grade
Teacher - Mrs. Burggraff
Parents - Francis & Angeline Ting
Essay - High School
Marina Du
1st Place $100.00
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Jikai Du & Heather Li
Shannon VanderVliet
2nd Place $75.00
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Janson & Stefani VanderVliet
Brianna Serrett
3rd Place $50.00
Brookings High School - 9th Grade
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File #:ID 2016-0041,Version:1
Teacher - Mrs. Klinker
Parents - Marc Serrett
Jane Ardry
Honorable Mention
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Brian & Sohee Ardry
Attachments:
Grade K-3 Poster - 1st Place - Anika Hooda
Grade K-3 Poster - 2nd Place - Brooklyn Ballis
Grade K-3 Poster - 3rd Place - Ernest Ting
Grade K-3 Poster - Honorable Mention - Brooklyn Lueders
Grade K-3 Poster - Honorable Mention - Grace Mary Vostad
Grade K-3 Poster - Honorable Mention - Sophie Schoeld
Grade 4-5 Poster - 1st Place - Zoe Ritter
Grade 4-5 Poster - 2nd Place - Ahmed Sarah
Grade 4-5 Poster - 3rd Place - Nicole Sanchez
Grade 4-5 Poster - Honorable Mention - Alora Good Shield
Grade 4-5 Poster - Honorable Mention - Jeffrey Min
Grade 4-5 Poster - Honorable Mention - Alisha Lam
Grade 4-5 Poster - Honorable Mention - Lillianne Weber
Essay Middle School - 1st Place - Prasoon Kharel
Essay Middle School - 2nd Place - Aditya Tummala
Essay Middle School - 3rd Place - Isha Hooda
Essay Middle School - Honorable Mention - Tristina Ting
Essay High School - 1st Place - Marina Du
Essay High School - 2nd Place - Shannon VanderVliet
Essay High School - 3rd Place - Brianna Serrett
Essay High School - Honorable Mention - Jane Ardry
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Middle School Essay
1st Place
Prasoon Kharel
“Darkness Cannot Drive Out Darkness: Only Light Can Do That.
Hate Cannot Drive Out Hate: Only Love Can Do That.”
The empowering words Dr. Martin Luther King Jr. spoke leave a legacy after he was tragically
killed, in 1968. Those speeches he gave empowered the people of the black race to fight for
fairness. Not with guns or weapons, but rather with peace. This effort led to the struggle for
equal rights for blacks and all races, but it took time.
Dr. King fought to make sure that blacks didn’t use violence in their struggle. He believed that
violence would just increase hatred against the blacks. He knew that showing hate toward the
whites would be the wrong path to take for equal rights. Dr. King stated his beliefs in his
speeches, and told his followers, “Returning hate multiplies hate.” Martin Luther King Jr. made
sure that violence or hate wasn’t used in protests and with his effort, we have made it here
today where there is more equality. Racism is still here though, along with hate toward other
races.
Unfortunately, there is still hatred towards many races and religious groups today. One
example is of Sunando Sen, and Indian man, getting pushed into a train track in New York. The
killer was a women, who hated all Muslims even innocent ones because of the 9/11 attack. The
women mistakenly thought that Sunando was Muslim. The hate towards people of brown skin
and Muslims is very prominent. Today, small groups of terrorists are using extreme religious
slogans for their benefits killing innocent peoples making it seem like Muslims are evil, and that
is not true. Terrorists bomb their own people more than they bomb other places. There are
many examples of such instances. Every day we hear news about the war in Syria where we see
the hate among the people practicing the same religion. Hate is not the solution. Recently,
there was a video where there were a group of Syrian men tried to dig out a young child who
had been buried under rubble. Fortunately they succeeded, but many others aren’t as lucky.
To fight hate, we must use love. Antoine Leris is an example of someone who proves this.
Antoine lost his wife in the attack on Paris, and what he had to say was inspiring, “I will not give
you the gift of hating you, you have obviously sought it but responding to it with anger would
be to give in to the same ignorance that had made you into what you are. You want me to be
afraid? To cast a mistrustful eye on my fellow citizens? To sacrifice my freedom for my security?
You lost.” This statement proves that Dr. King’s statement is true. “Hate cannot drive out hate:
only love can do that.” Antoine certainly will not show love to the terrorists who took the life of
his wife, but he will also not show hate, or look at people differently from the same race. We
should look to people like him as an example. His quote proves Dr. King’s, and he is brave for
saying those things.
There are other people who believed and in some cases inspired Martin Luther King Jr. One
example is the well-known Mahatma Gandhi. Gandhi didn’t use weapons or warfare to drive
out the British; he made sure the British didn’t thrive out of the land that they captured from
the Indians. He used peace because he knew love was more powerful than any gun. He stated
“Where there is love there is life.” If our world was full of Civil wars and wars against other
people, nothing would be accomplished. Even though there are conflicts today, the quote holds
true. The places of war have become less populated. Refugees from the Middle East have fled
to a safer place. Gandhi used techniques of love and peace and Dr. King followed with that. 3
We can look at hate and love as fire and water, hate is fire and love is water. Can you extinguish
fire with fire? No you need water. You need love to fight the hate and violence in the world.
These various examples, these quotes, have a meaning, “Darkness cannot drive out darkness:
only light can do that. Hate cannot drive out hate: only love can do that.” Martin Luther King
Jr. left us with a legacy, and people like Antoine carry that legacy on, the legacy of showing love
to others even when times are unfavorable. Today, terrorist groups are obstacles to peace.
They want the world to hate each other and cause fear. We can’t let that happen. Martin
Luther King Jr. started the legacy, so it is our job as human beings to carry that legacy on.
Middle School Essay
2nd Place
Aditya Tummala
“FORGIVE” Me for Having Such a Poor Title for This Essay
On the day of January 15, 1929, a child was born. His name was Martin Luther King Jr., an
assiduous leader and catalyst for peace and change. He provided a peaceful anecdote to
promote the integration of the American society by ousting inequality that existed for people of
color. In order to fully fathom Dr. King’s legacy, one must understand his significance during the
American Civil Rights Movement. Dr. King was influenced by Mahatma Gandhi’s famous quote,
“If someone slaps one cheek, turn the other to him.” This lead to other quotes by Dr. King such
as “Darkness cannot defeat darkness, only light can do that, hatred cannot drive our hatred,
only love can do that.”
Dr. King knew that “united we could stand, but divided we would fall.” Dr. King’s solution
prevented a war between the mix of races, as well as, outside interference from other nations
willing to support any turmoil on America’s soil. Dr. King averted many violent acts that could
have caused a massive controversy. At the time, despite colored people were allowed to stay in
the same country, they were segregated to the fullest extent. Shamefully, this segregation
continued for many generations. They were boycotted in everything from bathrooms, to
schools, to privileged territories.
Mahatma Gandhi and Dr. King believed that love, forgiveness, and non-violence are the most
powerful substances in this world. A famous quote exclaims “To err is human, to forgive is
divine”. What makes forgiveness a divined act? The nature of humans is to get angry and feel
revengeful to people that have hurt us, or harmed us in any way possible. I agree that being a
human, it is not easy and simple to forget something bad a person has done to you and forgive
him. To do so, one must train their emotions until they automatically forgive the other who
harms one. The uttered words “I will forgive you, but I won’t forget what you did” does not
show the real meaning of forgiveness. Forgiveness also does not mean ignoring the conflict,
instead it means creating an opportunity for fresh start and new beginning. We must not try to
humiliate our enemies, but earn their friendship and understanding. Forgiveness is the best
possible way to defeat your enemies.
The definition of hate is a deep and emotional extreme dislike. It can be directed against
individuals, groups, entities, objects, behaviors, or ideas. Hatred is often associated with
feelings of anger, disgust and a disposition towards hostility. Returning hate for hate multiplies
hate in a descending spiral of destruction; adding deeper darkness to a night already devoid of
stars. Only light has the power to defeat darkness. Hate and revenge are both injurious to a
person. Like an unchecked cancer, hate corrodes the personality and eats away its vital unity.
Hate destroys a man's sense of values and his objectivity, mainly his judgment. It causes him to
confuse the truth with the false, and the false with the truth.
To be revengeful is human but to forgive is divine. Now, let’s take the example of a terrorist
who kills hundreds of innocent people. Does he deserve forgiveness? Such sort of criminals kill
common people in the name of religion and think it as a way to please or reach their God.
Heinous acts like these do not deserve mercy and forgiveness. Though there may be seldom
people who would still believe that forgiveness is humanity, yet to discourage and prevent any
future acts of terrorism, such people who kills must be severely punished, if not death. This
does not include segregation for separate race and label them as terrorists, because they are
innocents who have no part in the act of terrorism. By its very nature, hate and revenge destroy
and tear down; by its very nature, love and forgiveness creates and builds up. Love transforms
with redemptive power.
Love creates compassion, whereas compassion generates love. If started, love will become
contagious and spread in an endless cycle. For example, if a drop of food coloring is dropped in
water, then all the water will become colored. This goes the same for love. Love spreads when
shared.
As with most things in life, you have almost no control over the other person’s emotions. Once
you realize this fact, the quote in discussion becomes an exercise of strengthening yourself, and
of overcoming your own hatred, anger, and vengeance. How much better would your life be if
you could accomplish that? How much better would the world be if we all could accomplish
that? I affirm in this quote by an unknown person, “I believe the journey, however poorly we
manage it, is a worthy effort.” Even if it only reduces the hate on the planet by one person, that
alone could start a chain reaction. As I end my essay, I want you to think that you can be part of
a chain reaction of love and forgiveness.
Middle School Essay
3rd Place
Isha Hooda
Darkness Cannot Drive Out Darkness: Only light Can Do That.
Hate Cannot Drive Out Hate: Only love Can Do That.
Think about how fortunate we are to have great leaders from the past who have worked so
hard to make the world a better place and try to build a world without segregation, violence,
hate and intolerance but these problems still exists. We are surrounded by many issues like
discrimination, religious intolerance, and lack of education, hunger and poverty in the world.
We all are human beings who want to love deeply, learn across boundaries, and have high
hopes and dreams. There is no doubt that people from different race, origin and diverse
cultures can live and work together. We all want to live in a world where people have equal
rights, freedom and choices. Dr. Martin Luther King Jr., Mahatma Gandhi, Frederick Douglas,
and many others have worked hard to make sure that everyone in the world has equal rights.
We all want everyone to get along with each other and not segregate or bully others.
I am citing some recent examples here. Paris, France just got attacked by ISIS for their jihad
against other cultures and people from other faiths. They injured three hundred fifty people
and killed one hundred fifty. Do we want the world to keep fighting like this? We did not
completely come out of August 9, 2014 incident in Ferguson, Missouri, that Chicago just had
another fatal incident on Nov 24, 2015 that caused protests across the country. In Chicago a
police officer named Van Dyke shot and killed an innocent black teenager while he was walking
in the middle of the street. 2015 has recorded maximum number of shootings in schools which
presents the future risk we are facing from hate in the society. Look at the schools and you will
see many kids trying to bully other kids just because they are from different race, culture, and
color. Student also make fun of what people wear and how they look. In schools many students
hurt others feelings by calling them names, saving spots, and showing violent behavior.
"Darkness cannot drive out darkness; only light can do that hate cannot drive out hate, only
love can do that", said Martin Luther King Junior. Look at the world today, we are putting
darkness in the world through religious intolerance, fighting among other countries, and not
respecting cultural diversity. "Do the right thing" says my principal Mr. Stephenson meaning be
nice to one another and not showing racism at schools. We all need to set a good example to
make a big difference in the world.
We can take small steps by integrating the society and cultures, by volunteering to educate
others who cannot afford to go to school. Humans can make better decisions once they are
educated. "One teacher, one book and one pen can change the world" said Malala Yousafzai.
Malala's fund is used to educate girls for twelve years of successful learning so they can achieve
their goals and be change makers for their families and communities.
Global efforts of economic development can help engage and educate people all over the world
so that everybody is prosperous. Hunger and poverty takes generations to warpath, prosperity
will spread the message of love and eliminate hate from the world. Sports can spread the
message of healthy competition with love and will give an opportunity to disintegrated
societies in understanding and respecting each other. All of us know that every penny saved
and donated to charities can help others.
All of us need to get up and work together to have a world where everyone lives in peace and
harmony and there is no room for segregation. We all should have a goal to be a responsible
citizen of the world, and we can spread the message of love to outcast hate. Think about what
Martin Luther King Jr said "I have decided to stick to love ... Hate is too great a burden to bear."
We all need to fulfill the dream of our leaders. Their dream is not complete when there is still
racial discrimination in the world. We all can work together where everyone has a freedom of
thought, better education and respect for other religions.
Middle School Essay
Honorable Mention
Tristina Ting
Light and Darkness, Love and Hate
“Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only
love can do that.” What Dr. Martin Luther King Jr. said is right. If you try to brighten up a pitch-
black room by opening a window at night, you’ll never brighten up the room. Only switching on
the light can do that. If you try to stop hate using hate, you will only produce more animosity.
Love should be used to combat hatred. For example, if a brother steals from his sister, the sister
will most likely confront her brother for taking her possession(s) and the brother will argue with
her, and soon it will result in a chaotic fight. When the brother stole his sister’s possession(s),
the sister will want to get back at her brother in some way such as hitting kicking, and punching.
The brother will then want revenge for the sister’s actions. Soon, the sister and the brother will
be fighting each other until something or someone stops them, like their parents. However, if
the sister were to politely ask for her missing item(s) back, then the whole fight or argument
could be avoided, without any hard feelings at the end. Instead of meeting hatred with hatred,
using love would solve innumerable problems.
When Dr. King said, “Darkness cannot drive out darkness: only light can do that. Hate cannot
drive out hate: only love can do that,” he was trying to point out that you will need something
that is positive, like light and love, to stop the darkness and hate. A real life example could
involve you and one other person who doesn’t like you. If that person doesn’t like you and
thinks negatively about you, and you also think negatively towards them, then the relationship
between you and the other person would only get worse. On the other hand, if you were to
think positively about him or her, then the other person would realize that you are not actually
the mean person that he or she thought you were. Dr. King’s quote suggested that showing
love toward a person of hate could resolve your conflicts, or prevent them from becoming
humongous problems that are very near to impossible to solve.
Today, many problems worldwide could be solved, if people would use love instead of hate to
address issues. About a year ago when the Malaysian Airline Flight 370 disappeared, families
were desperate and angry that their friends and relatives could not be found. Instead of
attacking government officials (hate), these families could have calmly accepted that their
friends and relatives were missing and comforted each other (love). Another problem that
could have been and can be solved using love is racism.
In Ferguson, Missouri, protesters could have used love to show their frustration. Instead of
attacking and violently protesting at police officers because a white officer named Darren
Wilson was not indicted for shooting Michael Brown, an unarmed, black teenager (hate),
protesters could have looked into why the incident happened and learned from that lesson. If
the protesters still wanted to show how they felt, they could have protested without attacking
other police officers (love). Racism is a very big problem in the modern world, but it can be
solved using love. Racism has been around since before Dr. King’s time and will continue until
we confront it. Love can be used to solve these problems. It is a remedy against hate.
Light and darkness. Hate and love. These contrasting words show us the positive ways to battle
difficult issues. A child’s fear of darkness can be defeated with light. An extremely gruesome
war over two different religions could be ended with a compromise between the warring
parties. There are many problems in today’s world, whether they are big or small. The next time
you face a problem, think about it, and try to solve it using love.
High School Essay
1st Place
Marina Du
A Glimmer of Love
When I was in first grade, I hated going to bed at night. Why, you may ask? I thought whenever
the lights turned off and it became dark, the monsters hiding underneath my bed would come
out and attack me; even a little night lamp being lit in my room made me feel safer. The
smallest glimmer of light drove out the evil monster in my six year old mind. “Darkness cannot
drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.”
Said Martin Luther King Jr. In our society today, our mindsets are so focused on protecting our
pride that we combat the monster of hatred with hate. Sometimes, all it takes is a glimmer of
love to solve that hatred.
When I was in second grade, I moved to Beijing, China. This was my first time living in and
visiting China since I was born in the US. All I had in hand was my Sunday-school knowledge of
Chinese and a very shy personality. When I first started going to school, I was absolutely
miserable. I thought I would have nothing to talk about with my classmates if I found the
courage and knowledge suddenly to actually talk to them. I was constantly sleepwalking
through life, because the world just felt like it was just always so dark outside. One day during
recess, a little, energetic girl asked me to play jump rope with them. I gladly joined her and her
friends. We talked afterwards, and I discovered that we had more in common than I thought,
including our mutually love for books, through a lot of translation help from the English
teacher. She became my best friend and my ray of sunshine over the next two years I spent in
China. Whenever I was sad, she made me laugh out loud. Whenever I was frustrated, she
became my personal therapist. I couldn’t be more thankful that she helped me discover my
talent at jump roping and of course, being my torch of light that lead me out of the dark cave of
loneliness. As Martin Luther King said: “Darkness cannot drive out darkness; only light can do
that…”
We see on the news every single day, violence caused by hatred combated with violence that
just builds up after generations. During the summer of 2014, the shooting of Michael Brown, an
unarmed black teenager, by a white policeman caused weeks of violent uproar in Ferguson,
Mississippi. Clashes between the police and the wave of protestors lasted weeks and ended in
bloodshed; two police officers were shot and injured during a protest, and a protestor was
critically injured during a gunfire exchange with police. This spark of hatred at the beginning
turned into a fire of hatred that almost burned down the entire city. Combating hatred with
hate only causes more hatred as violent, racial-rights protests still run rogue in the streets of
America today. Love, peace, and communicating with each other could have replaced the
violent hatred and gotten justice for the African-American community. This could have saved so
many innocent protestors and policeman from being injured or killed. The Civil Rights
Movement lead by Martin Luther King Jr. is a prime example that a change for justice doesn’t
have to come with bloodshed as he gained rights for African-Americans using peaceful rallies
and inspirational speeches in the Civil Rights Movement.
Martin Luther King Jr’s words changed history and affect us every day as he said: “Darkness
cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do
that.” This quote reminds us every day that a lot of hurt and heartache could be saved if we just
spread a little glimmer of love when we come face to face with hate. Don’t let the evil monster
of hatred turn your life into darkness; be that glimmer of love that lights up the room.
High School Essay
2nd Place
Shannon VanderVliet
Only Love and Light can Drive out Darkness and Hatred
The Yellow Trout Lily is an American native wildflower that blooms in the spring. This plant has
rather a very distinctive unattractiveness of its foliage, but when this plant blooms, it creates a
magnificent, bright, yellow flower that stands tall from the ugly leaves beneath it; perhaps a
way to hide its true ugliness, or maybe to show its true beauty that it holds within itself.
Darkness and hatred can represent the foliage well while light and love can represent the
flower immensely.
Just like the foliage of the Yellow Trout Lily, darkness is sickly and rather sinister looking.
Darkness is not just a place where the eye cannot see anything within, but is something evil or
unpleasant that can corrupt the innocent and cause chaos and destruction. Just as any
wildflower can do, darkness can spread like a wildfire. It can do this by the innocent letting
darkness come into them, instead of stopping the wildfire. If someone or something were to try
to defeat darkness with darkness, such as an insult for an insult, it would be like spreading the
ugly plant's seeds all over an already infested area of the plant. Therefore, darkness cannot
drive out darkness.
Hatred is a horrible feeling that people feel towards something they strongly dislike, but worse
than the feeling of dislike which is when someone feels a weak unpleasantness toward
something undesired. This feeling of hatred is also used way too freely by most people. An
example of this is would be someone saying that they hate broccoli but actually they dislike
rather than hate. Hatred is found in many places such as people which can cause wrong choices
to be made. Because wrong choices are made, this can lead to a destruction of the human soul
and many others if this hatred is spread. If hatred is attempted to be defeated by hatred, such
as racism against racism, it would be surely end with chaos and more hatred. Therefore, hatred
cannot defeat hatred.
When the Yellow Trout Lilly blooms in the spring, a beautiful and bright, yellow flower grows
tall above the ugly foliage of the plant. Similar to the flower is light. Light is not just something
bright that aluminates darkness but is something that removes the awful darkness that is within
the infected people. This light can be the realization of the darkness they have is not right and is
causing harm to themselves and others. The only way to remove darkness is light. Therefore,
darkness cannot drive out darkness, only light can.
Love is the compassion that we feel towards each other and other things. Without love we
wouldn't be considered human because love is what makes everyone human and what makes
life enjoyable. If we didn't have love, the world would be full of hatred because hatred cannot
drive out hatred, only love can.
The Yellow Trout Lilly, like every other flower, cannot produced a flower without its foliage to
help it grow and develop. Just like this, love and light cannot just grow out in the midair. They
need something to help them grow and get their growth started. This stimulant would be
darkness and hatred. Without these two, people would not have the experience of how to grow
love and light inside them. This experience is when a mistake has been made, such as insulting
another person, and can cause light to be stimulated by the person realizing that insulting the
other person was a wrong doing that caused there self and the insulted other to be harmed.
This experience is used to create love and light in the future. All in all, darkness cannot drive out
darkness, only light can do that and hate cannot drive out hate, only love can do that, but to
create love and light, darkness and hatred cannot be excluded.
High School Essay
3rd Place
Brianna Serrett
The Forgotten Rule
In a world with such diverse opinions and beliefs, it’s easy to become engaged in a passionate
debate about something, and sometimes it can be even easier to let your own sense of right
deem someone as less than you. It’s an age old problem of pride and stubbornness that causes
things like prejudice and hate to come about. You know what you’ve been taught essentially,
and although some people can see the errors in what they’d learned when they grow older and
more educated, fear can play a role in keeping somebody in line.
You grow up and someone tells you that black people are unclean and not whole human beings
and they might tell you that gay people go to hell or god hates the sinner and not the sin, and
you’re probably going to inherit those prejudices unless you grow your own point of view. Hate
is natural in all of us I think, we’ve got to hate on someone to make ourselves feel superior, but
everything from sexism to racism is taught and they are not natural evils in us. At birth, you
don’t care what color someone’s skin is or what sexuality you have, all you care about is if
they’re going to feed you and change you or not. You don’t see toddlers cringing away from
someone with a café complexion; it’s when the toddler’s parents tell them about how the
darker skinned people have sinister intents that the child will start to hate. Hate is passed on
like a chain, you can corrupt love with it and it’s hard to cure.
When Martin Luther King Junior was leading peaceful protests through the streets, the hot
button issues were segregation and racism. He managed to make brilliant strokes of flowery
colors across the painting of disapproving men and women. Mr. King was a revolutionary who
showed us that you don’t have to literally fight for the right; you can campaign for it with words
of wisdom and love. Nowadays, I’m not entirely sure that we’ve learned the lesson he tried to
present to us. It’s easy to say love thy neighbor and preach about treating others the way you
want to be treated, but everyone can be a hypocrite. How can you truly believe in the
understanding taught to us by Martin Luther when you’re using words like faggot and gay as
casual slang? You can’t accept that someone may not like the same things as you or be the
same way as you and so you go back on something they’ve been teaching in school for years.
There’s no longer any teacher around to scold you and remind you of the golden rule, so
somehow you haven’t remembered it. Do you think that people cannot hear you whispering
derogatory behind their backs as if they have something to be ashamed of? How is it your
business that they are how they are? I don’t care that you’re heterosexual, and you only care
about sexuality because the majority told you it was wrong. You’ve forgotten what all kids know
so well, and what you once knew so well. The golden rule; treat others how you want to be
treated.
Personally, I try to live my life with the weight of other people’s stares off my shoulders, and I
give them the same curtesy of not staring that I would love to be granted. It’s sort of sad that
some people in the modern age have given up on trying to help others give up their hate, at this
point some people think that the prejudices and corrupt beliefs are too deeply rooted to pull
out. Being someone who can drive out hate with a positive attitude and an open mind is
something remarkable, because it’s easier to hate something than to realize you’ve got
problems that you need to fix. It’s hard work to dispose of the corruption in your veins that
some misguided adult put there. There’s a reason that people put kids in foreign language
classes when they’re younger, it’s because kids pick up new things and learn quicker than an
adult does, and when a kid is taught wrong.. It’s not a mistake that’s easily erased. Once you hit
30 you’re likely to stick with the same things you’ve always known. It’s difficult to throw your
entire core belief systems down the drain and to swallow your pride and admit that you were
wrong. It’s hard enough for me to admit defeat in a dispute over if thin crust or regular crust is
better, I can imagine that it’d be so much worse for a sudden realization to come barreling over
you and for you to have to go back on what you’d said. The thing is though, is that you kind of
need to brush aside your ego, otherwise you’ll just throw more fuel into the flame of hate and
we’ll continue to have an unjust society.
In the end, I think what all prejudices have in common, whether it’s racism, homophobia,
sexism, or anything else, is that they’re all ways that people a long time ago made to boost
themselves to a higher rank without regard for human life. Through the generations children’s
squeaky clean hearts and minds have gotten polluted with what their guardians believed while
not being told that thinking for yourself was an option. At the same time, kids get told to treat
others the same as they’d like themselves to be, but with both contradicting rules the majority
seemed to side with the one that would make them feel like more of a person than someone
else. The only thing that could fix that problem was the people themselves finding it in their
conscience to let love in to combat the hate that they’d been force fed all their lives, but alas,
it’s a lot easier said than done.
High School Essay
Honorable Mention
Jane Ardry
Driving Out the Darkness
Martin Luther King Jr. once said, “Love is the only force capable of transforming an enemy into
a friend.” He lived by this statement that he made. Never once did he show his mind in a violent
or threatening way; King was a very amiable and wise leader. He demonstrated this when he
led the boycott on the Montgomery buys system, when he made his “I Have a Dream Speech,”
and numerous other times. There are only a few of people who can be said to have been such
an inspirational figure of peace such as Martin Luther King Jr.
On the night when Rosa Parks was arrested because refused to give up her seat on the bus,
King was elected to lead a citywide boycott on the bus system. The bus boycott lasted 382 days.
For over a year the African-Americans had to commute to work by foot, undergo constant
harassment, and endure much suffering. It couldn’t have been easy standing up for what they
believed in, but nonetheless they a clear statement: equal rights should be for all. They stood
together through all of the pain and would not give up, continuing to boycott in a peaceful
manner. The result? The U.S. Supreme Court ruled that Montgomery had to allow both blacks
and whites equally to use their bus system. Finally, the African-Americans were allowed to
stand side by side with white Americans.
It would take a few years, but a decade later Martin Luther King Jr. would see his people
allowed to have voting rights. It was then that African-Americans were truly accepted as
citizens of the United States. The racism against them would never go away, but then again,
there will always be segregation against some people: whether it be because of the way the
look or where they come from, it is simply a part of a few poor individuals’ mindset that if
people aren’t like them they aren’t good enough.
King made his opinion seen and generally accepted in a calm way. His famous “I Have a Dream
Speech” is arguably one of the most well-known protests against discrimination in the history of
the United States. In this speech, he went off script of what he had planned to say and spoke
from his heart. He told everyone who was listening what he wanted to happen – what he truly
thought was the right way to live. How civil rights should be offered to everybody. How black
and white children should be able to drink from the same water fountain and go to school
together. How the color of your skin should not affect your life in any way. And he was right:
why should the looks you were born with impair you, in any way? If anything your identity of
who you are should make you stronger.
These examples are only a miniscule glimpse of the fight against darkness. By following Martin
Luther King Jr.’s example, we too can use love to drive out hate. We can dissolve the barrier of
darkness if we shine a little brighter. By standing together and living in a loving way, the
shadows will have nowhere to go but away to their annihilation.
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 16-007,Version:1
Action on Resolution 16-007, a Resolution to purchase One (1) New 2016 Chevrolet Silverado
3500HD 4x4 Extended Cab Long Box for the Parks, Recreation & Forestry Dept. (Parks)
Summary:
Council approval is requested for the purchase of an extended cab 4x4 pickup is in the 2016 CIP.
Multiple bids were solicited through the state contracting service including local dealers and the low
bid was received from Billion Auto.
Fiscal Impact:
Purchase price of the vehicle is $27,572.00. Budgeted CIP amount was $35,000.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 1/21/2016Page 1 of 1
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Resolution 16-007
Resolution to Purchase One New 2016 Chevrolet Silverado 3500HD 4x4 Extended
Cab Long Box for the
Parks, Recreation & Forestry Dept. (Parks)
Whereas, the City of Brookings has sought and received the following quote for one
new 2016 Chevrolet Silverado 3500HD 4x4 extended cab long box from the Billion Auto
State Bid Contract #16866 item 24.
Company State Bid Amount
Billion Auto $27,572.00
Now Therefore, Be It Resolved that the contract from Billion Auto in the amount of
$27,572.00 be accepted.
The capital budget for this expenditure is $35,000.00.
Passed and approved this 26th day of January 26, 2016.
CITY OF BROOKINGS
________________________________
Tim Reed, 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 16-010,Version:1
Action on Resolution 16-010, a Resolution to purchase one (1) John Deere 324K Wheel Loader off of
the National Joint Purchasing Agreement for the Parks, Recreation & Forestry Dept. (Parks)
Summary:
Council approval is requested for the purchase of one (1) John Deere 324K Wheel Loader off of the
National Joint Purchasing Agreement. The purchase of a payloader is in the CIP for 2016.
Fiscal Impact:
Purchase price of the payloader is $89,339.52. Budgeted CIP amount was $100,000.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 1/21/2016Page 1 of 1
powered by Legistar™
Resolution 16-010
Resolution to Purchase One John Deere 324K Wheel Loader off of the National
Joint Purchase Agreement for the Parks, Recreation & Forestry Dept. (Parks)
Whereas, the City of Brookings has sought and received the following quote for one
John Deere 324K Wheel Loader from the National Joint Purchase Agreement:
Company State Bid Amount
John Deere
• John Deere 324K Wheel Loader $89,339.52
Now Therefore, Be It Resolved that the contract from John Deere in the amount of
$89,339.52 be accepted.
The capital budget for this expenditure is $100,000.00.
Passed and approved this 26th day of January, 2016.
CITY OF BROOKINGS
________________________________
Tim Reed, 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 #:ORD 16-003,Version:1
Introduction and First Reading on Ordinance 16-003, an Ordinance on a Petition to Rezone Lot 2,
Block 1, Foster Addition from an Industrial I-1R District to an Industrial I-1 District. Public Hearing:
February 9, 2016.
Summary:
Proposal: Change the zoning on a lot to a less restrictive industrial district.
Background: The Foster Addition was rezoned in 2011. Thirty-Second Avenue became the
boundary between the I-1 District on the east and the I-1R District on the west. The primary
difference in the two industrial districts is that development in the I-1R requires the submission of an I
-1R site plan that must be approved by the Planning Commission and City Council. The I-1R site
plan regulations have an aesthetic element that was designed to improve the appearance of an
industrial site through perimeter tree plantings and landscape areas. The I-1R District has been the
industrial zone of choice next to I-29 for several decades in order to enhance the view corridor.
These requirements are attached to this staff report for your review.
Block 1 was platted into 4 lots in 2011 and 2013. Lot 1 was sold by the city to a manufacturing
company. This lot is still under development under an approved I-1R site plan. The city will always
own lot 4 in this block since it will be used for stormwater detention/retention. The lot borders I-29 on
the west and lots 2 and 3 on the east. This lot could be enhanced with tree plantings in order to
continue the goal of providing an aesthetic view corridor along I-29. Lot 4 could buffer future land
uses on lots 2 and 3 that were developed according to the standard landscape regulations.
Another major difference is in the required setbacks of buildings. The I-1 requires a 20 foot setback
from all property lines while the I-1R requires 60’, 50’, and 50’ for the front, sides, and rear yards,
respectively. These larger setbacks provide areas where additional landscaping can be installed to
screen buildings, parking lots, etc. If there was a desire to further subdivide lots 2 and 3 in the future,
the I-1R district setbacks would be a major obstacle.
Specifics: A rezoning to the I-1 District would still require all projects to meet the basic development
standards in the zoning ordinance. However, no additional oversight would be required to obtain a
building permit. An I-1 District would allow a developer to establish smaller lots and utilize more area
on a lot for buildings and parking. Permitted land uses are generally the same in both districts.
Recommendation:
The Planning Commission voted 8 yes and 1 no to recommend approval of the rezoning.
Attachments:
Ordinance
Notice
Planning Commission Minutes
City of Brookings Printed on 1/20/2016Page 1 of 2
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File #:ORD 16-003,Version:1
Rezone Drawing
Site Plan Requirements
Plat Drawing
City of Brookings Printed on 1/20/2016Page 2 of 2
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Ordinance 16-003
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 2, Block 1, Foster Addition
be and the same is hereby rezoned and reclassified from an Industrial I-1R District to an
Industrial I-1 District
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 No. 17-
13 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading January 26, 2016
Second Reading and Adoption
Published
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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 the City of Brookings has submitted a petition to
rezone the following described real estate in the City of Brookings, in Brookings County,
South Dakota:
Lot 2, Block 1, Foster Addition
from an Industrial I-1R District to an Industrial I-1 District
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, January 5, 2016, 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 23rd day of December, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
Planning Commission Minutes
The City of Brookings has submitted a petition to rezone Lot 2, Block 1, Foster Addition
from an Industrial I-1R District to an Industrial I-1 District.
(Pierce/Gregg) Motion to approve the rezoning. All present voted aye, except Tornquist
voted no. MOTION CARRIED.
Summary
Struck stated that the Industrial I-1R regulations were generally designed for large
parcels. There was a proposal to subdivide lot 2 into 4 or 5 lots. The I-1R regulations
would be an obstacle for a small lot due to the required setbacks of 60’, 50’, and 50’ for
the front, side, and rear yards, respectively. He added that lot 4, located between the
interstate and lot 2, would remain under city ownership and could be developed with
landscaping to provide an aesthetic area that would screen future uses on lot 2.
Heuton supported the rezoning. Aiken also supported the rezoning provided the city
would create a vegetative buffer on lot 4. Tornquist felt the landscape regulations
should be maintained along I-29 and felt a rezoning to I-1 could set a precedent.
SECTION 94-161
INDUSTRIAL I-1R DISTRICT
Site Plan Requirements
(k) Site Plan Requirements.
(1) All proposed uses within the I-1R industrial district shall be accompanied by a
site plan. The plan must conform to the following regulations and be
approved by the Planning Commission and City Council before a building
permit is issued. The following data is required:
a. The size and location of all buildings, structures, walls or other
architectural features.
b. The location and number of on-premise parking spaces and all internal
access drives and vehicular circulation routes.
c. The location and width of all ingress and egress points.
d. The location of all off-street loading docks.
e. The character, type and extent of landscape development.
f. The location and size of unenclosed, screened areas for storage of raw
materials and finished goods.
g. The location, height and facing of all signs.
h. The location of public sidewalks.
(2) Additional site plan regulations are as follows:
a. All parking areas, access drives, vehicular circulation routes, loading and
unloading areas shall be hard surfaced.
b. Freight loading and unloading shall face a side or rear yard.
c. Outdoor storage of raw materials and finished goods shall be screened
with approved fencing or landscaping so that it cannot be viewed from
adjacent properties or any right-of-way.
d. Landscaped areas shall be developed in the front fifty feet (50') of a front
yard and twenty-five feet (25') of a side or rear yard. Landscaped areas
shall include shrubbery or trees. A minimum of ten (10) trees per acre
shall be required based on the total acreage of the site. The requirements
of Section 94-399 are also applicable and constitute additional site plan
requirements.
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 16-004,Version:1
Introduction and First Reading on Ordinance 16-004, an Ordinance amending the Zoning Ordinance
of the City of Brookings and pertaining to the creation of a Residence R-1D District for the purposes
of administration of the Zoning Ordinance. Public Hearing: February 9, 2016.
Summary:
Proposal: Create a district that permits a slightly higher density (units per acre) of single-family
homes.
Background:The number of zoning districts has been expanded several times since the original
comprehensive zoning ordinance was adopted in 1966. There were 5 residential districts out of a
total of 15 in that ordinance. Today, there are 23 districts overall and the number of residential
districts has increased to 8. Three residential districts that were added over the years include the R-
1 rural estate (1994); RMH manufactured housing (1995); and R-1C single-family (2010). The
ordinance currently permits a density range of 1 unit per three acres up to 24 units per acre for
residential developments.
Specifics: The density proposed in the R-1D single-family district would follow closely with the
density allowed in the R-3 and R-3A Districts for a single-family dwelling. The major difference is that
there is no other residential use allowed by right in the R-1D. As you know, the R-3 and R-3A
districts allow for two-family dwellings and apartments by right also.
The R-1D proposes a minimum of 6,000 square foot lot areas with building setbacks of 20’, 6’, and
20’ for front, side, and rear yards, respectively. These setbacks would allow for a larger buildable
footprint. I have attached an aerial view of the Pactola Cove neighborhood that was developed west
of Camelot Intermediate School a few years ago. These single-family homes were designed on
6,000 square foot lots in the Residence R-3 District.
Recommendation:
The Planning Commission voted 9 yes and 0 no to recommend approval of the zoning amendments.
Attachments:
Ordinance
Notice
Planning Commission Minutes
R-1D Development Example: Pactola Cove
City of Brookings Printed on 1/21/2016Page 1 of 1
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Ordinance 16-004
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to the creation of a Residence R-1D District for the purposes of
administration of the Zoning Ordinance
Be It Ordained by the City Council of the City of Brookings, State of South Dakota, that
Chapter 94, Zoning shall be amended as follows:
Section 1.
ARTICLE III. – ZONING DISTRICTS ESTABLISHED; ZONING MAP
ARTICLE IV. – DISTRICT REGULATIONS
DIVISION 1. – GENERALLY
Sec. 94-125.7 RESIDENCE R-1D SINGLE-FAMILY
(a) Intent. This district is intended to provide for areas of residential use with a gross
density of approximately seven dwelling units per acre or less. The district permits single-
family detached dwellings, single-family attached dwellings, and supportive community
facilities such as parks, playgrounds, schools, and churches.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere
in this title, when referred to in this section, are the district regulations of the Residence R-
1D Single-Family District.
(c) Permitted Uses. Single-family dwelling including accessory uses incidental thereto
such as private garages, parking areas, etc.
(d) Permitted Special Uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
1. All permitted special uses and conditions as stated in Section 94-124(d) (R-
1A).
2. Single-family zero feet side yard dwelling
a. A maximum of two attached dwelling units are permitted
3. Private school of general instruction.
a. One of the frontages of the premises shall abut upon an arterial or collector
street.
3. Family day care.
a. Restricted to 12 or less children at any one time.
(e) Conditional Uses.
1. Retirement or nursing home
2. Two family dwelling
3. Group home
4. Major home occupation
5. Public recreation facility
(f) Density, Area, Yard and Height Regulations.
The R-1D District regulations shall be as follows:
Per Min Min Min Min Min Max
Unit Lot Lot Front Side Rear Hgt
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family 6,000 6,000 50' 20' 6' 20' 35'
Single-Family, 0 feet 6,000 12,000 80’ 20’ 6’ 20’ 35’
side yard – 2 units
Two-Family 4,500 9,000 75' 20' 6' 20' 35'
Other Allowable Uses 10,000 75' 20' 6' 20' 35'
Density per family requirements shall not apply to dormitories, fraternities, sororities,
nursing homes or other similar group quarters where no cooking facilities are provided in
individual rooms
(g) Accessory Uses. Accessory uses and building permitted in the R-1D District are
buildings and uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-1D District shall be
in conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-1D District shall be in conformance with the
regulations set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-1D District shall be in conformance
with the regulations set forth in article II of this chapter
Section 2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: January 26, 2016
Second Reading:
Published:
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
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 A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments
to Chapter 94, Zoning, pertaining to the creation of a Residence R-1D District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, January 5, 2016, 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 23rd day of December, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
Planning Commission Minutes
The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to
the creation of a Residence R-1D District.
(Pierce/Heuton) Motion to approve the amendments.
(Heuton/Fargen) Amendment to the motion to add a single-family zero feet side yard
dwelling (2 units maximum) with a minimum lot area of 12,000 square feet as a
permitted use in the district. All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
Summary
The proposed Residence R-1D District was designed to be a restrictive use district with
6,000 square foot lot minimums. This lot area was equivalent to what was currently
allowed in the Residence R-3 and R-3A Districts. The major difference was that a two-
family dwelling or an apartment use would not be permitted in the R-1D. Setbacks
proposed in the district would also be minimal in order to allow for a larger buildable
area. Hanson provided an aerial example of a small, single-family housing
neighborhood that had been developed with 6,000 square foot lots.
Heuton recommended that a twinhome on a minimum lot area of 12,000 square feet
should be added as a permitted use. The commission concurred with Heuton.
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 16-005,Version:1
Introduction and First Reading on Ordinance 15-005, an Ordinance establishing a Dedicated Public
Art Fund of the City of Brookings. Public Hearing: February 9, 2016.
Summary:
Ordinance 16-005 establishes a dedicated Public Art Fund for the purposes of financing the design,
purchase, installation, acquisition, and maintenance of public art for the City of Brookings.
Background:
A Public Arts Task Force comprised of Lynn Verschoor, Director of the SD Art Museum; Jamison
Lamp, President of the Brookings Arts Council (BAC); Ryan Murphy, Architect at JLG Architects;
Scott Meyer, City Council member; and Tim Steele, Director of SDSU School of Design was
appointed by Council on December 15, 2015, for the purpose of recommending policies and
guidelines for the advancement of public art in the City of Brookings. The Task Force has developed
the following policies for City Council consideration: a public art fund ordinance, public arts
commission ordinance, and draft public arts guidelines.
Ordinance 16-005 would establish a dedicated Public Art Fund for the purposes of financing the
design, purchase, installation, acquisition, and maintenance of public art for the City of Brookings.
The fund would receive an annual appropriation of one percent (1%) of capital expenditures from
each revenue fund that finances capital expenditures. The fund could also be supplemented with
donations and shall retain unencumbered cash from one budget year to the next.
As part of the annual budget preparation process, the City Manager would be directed to provide for
such appropriation commensurate with the budgeted capital expenditures; and could recommend
certain expenditures be exempt from the one percent calculation for justifiable reasons. Capital
expenditures would include equipment, infrastructure, construction projects, and real estate that are
either new acquisition or replacement / enhancement of existing capital items.
This fund would become effective January 1, 2017.
Public hearing is scheduled for February 9, 2016
Attachments:
Ordinance
City of Brookings Printed on 1/21/2016Page 1 of 1
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Ordinance 16-005
An Ordinance Establishing a Dedicated Public Art Fund
of the City of Brookings, SD
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
Sec. 1. – Establishment of a Dedicated Public Art Fund.
There is hereby established a Dedicated Public Art Fund within and for the City of
Brookings. A Resolution providing for the Advancement of a Comprehensive Public Art
Appreciation and Public Displays Program was adopted by the City Council on
December 15, 2015. This ordinance incorporates the objectives of that Resolution
and establishes, pursuant to that Resolution, a Dedicated Public Art Fund, with
procedures for the creation of the Dedicated Public Art Fund set forth herein.
Sec. 2. – Findings.
The City Council finds that public art and design enhances the environment of the City
of Brookings, enriches the lives of its citizens and improves the value of the City’s
public spaces and buildings. In addition, the presence of public art encourages the
careers of local professional artists and provides possible opportunities for their
employment and career advancement. Moreover, it is the vision of the City Council to
support the Creative Class because a creative workforce is important for economic
growth and a vibrant community. The Council further finds that art can be more fully
appreciated if it is publicly displayed as opposed to merely confined to the internal
premises of galleries and museums. Finally, a dedicated funding source for an
established program of public art enhances the reputation of the City and serves as a
vehicle for attracting new businesses and talent to all sectors of the community.
Sec. 3. – Purpose of the Dedicated Public Art Fund.
The purpose of the Dedicated Public Art Fund is to provide funding for the design,
purchase, acquisition, installation and maintenance of public art for the City of
Brookings.
Sec. 4. – Funding Procedures.
The Dedicated Public Art Fund shall receive an annual appropriation of one percent
(1%) of annual capital expenditures from each revenue fund which is within the City
Council’s budgetary authority and which has an appropriation for capital
expenditures. As part of the annual budget preparation process, the City Manager
shall provide for such appropriation commensurate with the budgeted capital
expenditures, and may recommend that certain expenditures be exempt from the one
percent calculation for justifiable reasons. Capital expenditures used for purposes of
establishing the annual appropriation shall include equipment, infrastructure,
construction projects and real estate that are either new acquisitions or replacements or
enhancements of existing capital assets.
Sec. 5. – Administration of the Fund.
In accordance with Government Accounting Standards Board Statement No. 54
(“GASD 54”), the Dedicated Public Art Fund shall be reported as part of the General
Fund for financial reporting purposes, but shall be maintained individually for
accounting purposes and budgetary comparisons. A Brookings Public Arts
Commission, which is charged with the duty to recommend policies and guidelines for
the advancement of public art throughout the community, shall also recommend to the
City Council proposed expenditures of the Dedicated Public Art Fund. The City
Council shall have final approval of all such policies, guidelines and proposed
expenditures of the Dedicated Public Art Fund.
Sec. 6 – Effective Date.
The Public Art Fund shall be effective as of January 1, 2017.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: January 26, 2016
Second Reading:
Published:
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
Tim Reed, Mayor
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 16-006,Version:1
Introduction and First Reading on Ordinance 16-006, an Ordinance creating the Brookings Public
Arts Commission for the City of Brookings. Public Hearing: February 9, 2016.
Summary:
Ordinance 16-006 provides for the creation of a Public Arts Commission that will be responsible for
developing a unified public art strategy for the City of Brookings.
Background:
A Public Arts Task Force comprised of Lynn Verschoor, Director of the SD Art Museum; Jamison
Lamp, President of the Brookings Arts Council (BAC); Ryan Murphy, Architect at JLG Architects;
Scott Meyer, City Council member; and Tim Steele, Director of SDSU School of Design was
appointed by Council on December 15, 2015 for the purpose of recommending policies and
guidelines for the advancement of public art in the City of Brookings. The Task Force has developed
the following policies for City Council consideration: a public art fund ordinance, public arts
commission ordinance, and draft public arts guidelines. The guidelines will be adopted at a later
date.
The role of the Brookings Public Arts Commission is to:
·develop a unified public art strategy for the City of Brookings;
·advise the City Council and other community groups or agencies initiating a public art project
on issues concerning the site, selection of a professional artist and commission of a public
artwork;
·oversee the public art fund;
·guide and monitor design development process through reviews at various stages to ensure
artistic and design quality, integration with the site and relevance to the community; and
·approve the final design prior to fabrication; and approve the final artwork, installation
procedures, and maintenance plan prior to installation.
Members of the Brookings Public Arts Commission (BPAC) will be appointed by the Mayor, with the
advice and consent of the City Council, for three-year terms. Initial terms of office shall be staggered
in 1, 2 and 3 year increments.
The BPAC membership would include specific professional expertise in public art or the visual arts
such as contemporary arts curator, museum director, or professor of art or art history and design
professionals such as architects, landscape architects, or urban planners. The BPAC would be 8-10
members with at least three art or design professionals.
Public hearing is scheduled for February 9, 2016
Attachments:
City of Brookings Printed on 1/21/2016Page 1 of 2
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File #:ORD 16-006,Version:1
Ordinance
Guidelines
City of Brookings Printed on 1/21/2016Page 2 of 2
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Ordinance 16-006
An Ordinance Creating the Brookings Public Arts Commission
for the City of Brookings, South Dakota
Be It Ordained and Enacted by the City Council of the City of Brookings, State of
South Dakota, as follows:
I.
Sec. 1. – Creation/Name.
There is hereby created the Brookings Public Arts Commission (BPAC) for the City
of Brookings.
Sec. 2. – Purpose/Role of the Brookings Public Arts Commission.
Public art enhances the built environment of a city and enriches the lives of its
citizens. A dedicated funding source for an established program of public art
enhances the reputation of a city and serves as a vehicle for attracting new
businesses and citizens. A public art program encourages a community’s artists
and citizens to engage in creative activities and artistic development. A public arts
commission can develop and implement a unified public art strategy for a
community.
The role of the Brookings Public Arts Commission is as follows:
1. To develop a unified public art strategy for the City of Brookings; to advise
the City Council and other community groups and agencies who are
initiating a public art project concerning the proposed site, selection of a
professional artist and commissioning of a public artwork;
2. To guide and monitor design development process through reviews at
various stages to ensure artistic and design quality, integration with the
site and relevance to the community;
3. To approve the final design prior to fabrication; and
4. To approve the final artwork, installation procedures, and maintenance
plan prior to installation.
Sec. 3. – Manner of Appointment, Composition, Terms, Compensation.
a. Members of the Brookings Public Arts Commission (BPAC) will be appointed
by the Mayor, with the advice and consent of the City Council, for three-year
terms that commence in January. Members may be appointed for additional
three-year terms. The initial terms of office shall be staggered in 1, 2 and 3
year increments. Any members whose term expires may be reappointed.
b. The Brookings Public Arts Commission (BPAC) shall include specific
professional expertise in public art or the visual arts, such as contemporary
arts curator, museum director, professor of art or art history, and design
professionals such as architects, landscape architects, or urban planners. The
BPAC shall consist of at least three art or design professionals. The
Commission shall be comprised of eight (8) to ten (10) members who are
representative of the following:
1. Brookings Arts Council
2. SDSU School of Design
3. South Dakota Art Museum
4. Chamber of Commerce and/or Convention Visitor’s Bureau Board
5. Art professional, design professional, landscape architect/urban planner
6. Representative from the Historical Preservation Subcommittee
7. Citizen-at-large
8. Citizen-at-large
c. Non-voting liaisons shall include, but are not limited to, Community
DevelopmentDirector, City Park and Recreation Director, and City Clerk.
d. All members of the Brookings Public Arts Commission (BPAC) shall serve
without compensation.
Sec. 4. – Qualification of Members.
A majority of the members of the Brookings Public Arts Commission (BPAC) shall
be residents of the city.
Sec. 5. – Vacancies.
If a vacancy on the Brookings Public Arts Commission (BPAC) occurs prior to the
expiration of a term, the vacancy may be filled by appointment for a term not
exceeding three years. If a member is absent from three consecutive regular
meetings without authorization from the Chairperson, the member's seat may be
considered vacant, and a new member may be appointed.
Sec. 6. – Officers.
The Brookings Public Arts Commission (BPAC) will designate from among its
membership a chairperson, vice-chairperson and such other officers and
subcommittees as it deems appropriate and necessary.
Sec. 7. – Meetings.
The Brookings Public Arts Commission (BPAC) will meet at such times and places
as may be determined by the Commission. A majority of members of the
Brookings Public Arts Commission (BPAC) shall constitute a quorum. BPAC
meetings shall be open to the public and shall comply with City open meetings
policies.
Sec. 8. – Powers and Authority of the Brookings Public Arts Commission.
The powers and authority of the Brookings Public Arts Commission (BPAC) shall
include, but are not limited to:
a. The Commission shall develop Brookings Public Art Guidelines, which shall
include criteria for accepting donations or gifts, both of cash and tangible art, a
method or methods for the selection of artists and public art projects and for
the placement of public art projects. The City Council shall have final approval
of all Brookings Public Art policies and guidelines.
b. The Commission shall be responsible for the public art program by directing
the selection, placement, maintenance, relocation, and deaccessioning of
artwork acquired through the public art program, and shall recommend
revisions to the Public Art Guidelines.
c. The Commission shall have the custody and care of all works of art owned by
the city and under the control of any department of the city. The term “work of
art’ shall apply to and include all paintings, mural decorations, statues, bas-
reliefs, sculptures, monuments, fountains, arches, ornamental gateways and
other structures of a permanent character intended for ornament or
commemoration.
d. No work of art shall become the property of the city by purchase, gift or
otherwise, until it, or a design or model thereof, and a proposed plan for it shall
have been approved by the Commission.
e. No work of art, until approved by the Commission and City Manager, shall be
erected or placed in, over or upon, or allowed to extend in, over or upon any
street, avenue, square, park or other property belonging to the city. The
Commission may, with the approval of the City Manager, order the removal,
relocation or alteration of any existing work of art owned by the city, and no
such work of art shall be removed, relocated or altered without such order and
approval.
f. The Commission shall, at the request of the City Council or City Manager,
study, prepare recommendations and report upon the design or proposed
design of any municipal building, bridge, approach, fence or other structure
erected or to be erected upon land belonging to the city, and upon the design
or proposed design of any arch, bridge, structure or approach which is the
property of any person, firm or corporation, and extends in, over or upon any
street, avenue, highway, park or public place.
g. All contracts or orders for the acquisition of any painting, monument, statue,
bust, bas-relief or other sculpture for the city shall be made by the
Commission, acting by a majority of all its members, subject to the approval of
the city manager.
h. With the approval of the city manager, purchase public art projects or
commission the design, execution and/or placement of public art projects.
The Commission shall consult with the department responsible for a particular
construction project regarding the design, execution and/or possible
placement of a public art project in connection with such construction project.
i. The Commission shall review the inventory of public art, including
assessing the status of maintenance, compile a list of potential sites for
public art projects, and prepare recommendations as to location, relocation,
and deaccessioning of public art.
j. The Commission may also initiate public forums when appropriate to
determine thematic approaches and location options for public art.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: January 26, 2016
Second Reading: February 9, 2016
Published:
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
Public Art Guidelines
I. Introduction
Vision
The vision of the Brookings Public Art Guidelines (BPAG) is to create public art
spaces and experiences that enrich the quality of life in Brookings, South Dakota
and beyond.
Objective
The BPAG are intended to provide a process and a framework for the Brookings Public
Arts Commission (BPAC) to create public art spaces and experiences in the City of
Brookings, South Dakota.
Definitions
A. “Art in public places” means any visual work of art displayed for two weeks or more
in an open city owned area, on the exterior of any city-owned facility, inside any
city-owned facility in areas designated as public areas, or on non-city property if the
work of art is installed or financed, either wholly or in part, with city funds or grants
procured by the city.
B. “Construction cost” means actual cost of any construction project with an
estimated construction cost of fifty thousand dollars or more, excluding,
however, engineering and administrative costs, costs of fees and permits and
indirect costs, such as interest during construction, advertising and legal fees.
C. “Construction project” means the construction, rehabilitation, renovation, remodeling,
equipping or improvement of any building, street, park, utility line or other public
improvement by or for the city, including all associated landscaping, parking and the
like, but excluding any improvements made by any special improvement district and
any other improvements exempted by the city council.
D. “Reserve account” means the art in public places reserve account
established by this chapter.
E. “Work of art” includes, but is not limited to, a sculpture, monument, mural, fresco,
relief, painting, fountain, banner, mosaic, ceramic, weaving, carving and stained
glass. Work of art would normally not include landscaping, paving, architectural
ornamentation or signs.
F. Acquisition/Acceptance is the formal catalog process used for the addition of an
object to the collection by means of purchase, gift, bequest, exchange or other
transactions by which title passes from the approved donor, to the City of Brookings
G.The Owner shall deaccession and dispose of works of art in its collection when it
finds it is a means of protecting public safety. A public artwork may be relocated or
removed if it presents a hazard or liability through deterioration or damage. Artworks
proposed to be deaccessioned must be reviewed by the Brookings Public Arts
Commission to seek the group's advice and guidance. Works of art that came into the
City collection prior to adoption of this policy will be subject to this deaccessioning
procedure. A permanent record of all deaccessioned objects shall be kept, including
the conditions and date of the action. All documents including the authorization for the
action taken shall be kept in the City's files. A written statement of the City's policies
and procedures with respect to accessioning and deaccessioning of public art
collection items shall be made available to donors and other persons upon request.
Brookings Public Arts Commission
The members of the Brookings Public Arts Commission (BPAC) will be appointed by
the Mayor, with the advice and consent of the City Council, for three-year terms that
commence in January. Members may be appointed for additional three-year terms. The
initial terms of office shall be staggered in 1, 2 and 3 year increments. Any members
whose term expires may be reappointed. The BPAC shall consist of at least three art or
design professionals.
The Commission shall be comprised of eight to ten members who are
representative of the following:
• A representative from the Brookings Arts Council
• A representative from the South Dakota Art Museum
• A representative from the South Dakota State University School of Design
• A design professional representative practicing within the City of Brookings
• A representative from the Historic Preservation Commission
• Two at-large community members
• One at-large community member who is also a member of the Brookings
Chamber of Commerce and/or Convention and Visitor’s Bureau boards
Non-voting liaisons should include, but are not limited to:
• Director of the Parks and Recreation Department
• Director of the Community Development Department
• Brookings City Clerk
II. Obtaining Art
Accessioning
The term "accessioning" is the process under which legal title to an artwork is
acquired for the public art collection. This can be through commissioning, gifts,
purchases, bequests, exchange and any other formal processes or transactions by
which legal title to an artwork is acquired for the City public art collection.
Brookings Arts Commission
Annually, the BPAC will commission a public art space that dramatically improves the
quality of life for residents and visitors. The funding for the commission is provided by
the Brookings Public Arts Fund and can be rolled over to the following year to enable
transformative works. Additionally, private donations are encouraged to support the
size and scope of the annual commission.
The BPAC will create the selection process for the annual commission to begin in 2017
and add that process to the Public Art Guidelines.
Donations
The City of Brookings subscribes to a policy of selective acquisition of art with
preference for works of art that are of significant artistic merit. Care and discernment
are exercised in acquiring artworks because of limitations of staffing and finances to
manage the public art collection and the desire to collect significant art of high quality.
Donations are an important part of the City of Brookings’ art collection. The City has
limited funds for administration, protection and maintenance. Likewise, there are a
limited number of suitable municipal sites appropriate for the installation of artwork.
To ensure the quality of the collection, BPAC uses the guidance in this policy to
decide whether a proposed donation is appropriate for addition to the City’s
collection. BPAC accepts only those works that will, in its discretion, further the goals
of the Public Art Guidelines.
Review Consideration
In reviewing a potential donation, BPAC typically considers the information requested
above, as well as aesthetic quality (including craftsmanship), compatibility with the
City’s existing public art collection, and budget. The Commission may consider other
factors contained in its Accessioning and Deaccessioning Policy.
Process for Consideration
BPAC requests that individuals or entities interested in donating an artwork follow these
steps:
1. Submit a complete official donation application to the Brookings City Clerk.
This form may be obtained from the City website.
2. Provide a maquette and/or images or the actual work for review. Images can be
provided electronically or by hard copy and should show all sides and provide
the proper scale of the work.
3. Include a cover letter explaining that the artwork is being offered to the City as a
gift and explain why the work should be added to the City’s public art collection.
4. Provide a copy of the artist’s resume or biography; information about the
artist’s significance; and digital images showing a sampling of the artist’s
work.
5. Provide information about the artwork’s provenance, exhibition history, and a
current estimate of value. Include a letter of authenticity from the artist, if
possible.
6. Provide a conservation assessment describing the artwork’s condition, along
with a maintenance plan. The plan should include an explanation of the
expected life span of the work while placed in a public environment,
stipulating the type of environment (interior/exterior) in which the artwork may
be placed. The plan should also discuss whether the artwork may be prone to
vandalism and how the effects of any vandalism may be mitigated; it should
be authored by the artist or a qualified conservator.
7. BPAC may request additional information.
Funds to maintain artworks in the City’s collection are limited. Therefore, when
accepting a gift into the City’s collection, BPAC may require that the donor sign a
maintenance agreement or establish a maintenance endowment to ensure an
adequate quality of care for the artwork. The Brookings Public Arts Commission is
unlikely to consider any donation that requires immediate or extensive maintenance.
BPAC typically reviews gifts during their meetings, which are announced publicly on
the City website. After review, BPAC may choose to accept or decline a gift, or to
table an offer.
Deaccesioning
Artworks proposed to be deaccessioned must be reviewed by BPAC to seek the
group's advice and guidance. Works of art that came into the City collection prior to
adoption of this policy will be subject to this deaccessioning procedure. A permanent
record of all deaccessioned objects shall be kept, including the conditions and date of
the action. All documents including the authorization for the action taken shall be kept
in the City's files.
“Deaccessioning” is a procedure for withdrawing the display of a work of art from the
City of Brooking’s public collection. BPAC is responsible for deciding whether any
piece(s) should be deaccessioned. Deaccessioning occurs only for good reason, in
the BPAC’s discretion.
Basis for Deaccessioning
The BPAC may deaccession an artwork for one or more of the following reasons:
- The artwork endangers public safety;
- The artwork has been determined to be in unsatisfactory condition;
- The artwork lacks a suitable display site;
- The condition or security of the artwork cannot be reasonably guaranteed where
located;
- The artwork is attached to a structure slated for destruction, remodeling or repair
(so that it is not practical to keep the artwork);
- The artwork is or has become incompatible with the rest of the collection;
- The City wishes to replace the artwork with a piece of more significance by
the same artist;
- The artwork requires excessive maintenance or has faults of design or
workmanship.
- The artwork is fraudulent or not authentic;
- The artwork is found to misrepresent the the mission of the BPAC in its content,
graphic representation, textual representation, or other;
- The City cannot properly care for or store the artwork; or
- For any other reason articulated by the BPAC, in its discretion.
Process/Disposition
The BPAC will review the pieces in the City’s collection - at least every five years - to
determine whether any piece(s) should be deaccessioned and will make updates to
the BPAC record of public arts both on display or in holding. In addition, the City
reserves the right to deaccession an artwork at any time deemed appropriate by the
BPAC. Deaccessioning may only be considered during a monthly or a special meeting
of the BPAC. A majority of representatives of the BPAC must approved
deaccessioning for two consecutive votes. After the first vote, a public announcement
of the plan to deaccession must be made to permit public input prior to the second
vote. After the second vote, and with approval by the City Manager of Brookings, the
artwork shall be officially deaccessioned from the City collection.
The BPAC may consider the following options for disposition of a deaccessioned
artwork:
1. Return to the artist;
2. Sale or trade;
3. Destruction (which shall be reserved for works deteriorated or damaged
beyond reasonably-priced repair);
4. Donation; or
5. Any option deemed appropriate by the BPAC.
A written statement of the City's policies and procedures with respect to
accessioning and deaccessioning of public art collection items shall be made
available to donors and other persons upon request.
III. Maintenance
Goal
The goal of the Public Art Maintenance Policy is to maintain the City’s collection of
publicly owned artwork to ensure Brookings citizens’ long-term enjoyment of the
collection. The Public Art Maintenance Policy spells out the documentation,
preservation, and maintenance processes that will support that goal. The Public Art
Maintenance Policy will be implemented on a piece-specific basis that recognizes the
value of each work of art in the collection.
Process
1. Documentation. The initial documentation will occur before a piece is accepted
into the City collection. A standardized form will be used for this purpose. The
Brookings Public Arts Commission will identify appropriate City departments and
staff (Facilities & Maintenance, Parks & Recreation), outside contractors, service
people and experts to review this documentation.
Documentation will reside in the official city records. BPAC will be responsible
for creating and maintaining the documentation. BPAC will use the projected
cost of maintenance as one consideration in its final determination of
acceptance and placement. Although documentation and maintenance
recommendation alone will not be used to specifically exclude artwork from the
City collection, the recommendation may play a role in that final determination.
(A documentation fund established in the Public Art Fund budget will pay for
documentation not obtained at acquisition.)
2. Maintenance documentation. When an artwork is accepted into the City
collection, an initial level of maintenance and a maintenance schedule will be
established for it. The documentation will include a standard for regular
maintenance (e.g., timing, type of maintenance) and identify any maintenance
issues that may require special attention. Each medium will require
knowledgeable people to develop maintenance criteria. In addition, the
maintenance criteria may include future historic and aesthetic considerations for
each piece. The maintenance documentation may be reviewed and revised as
needed.
3. Inspection and Condition Report. Annually, the Brookings Public Arts
Commission will initiate an inspection and condition report. Paid professional
condition appraisers/conservators and/or knowledgeable volunteers,
craftspeople or industry experts will perform the inspection for each piece. The
inspection and condition report will become part of the permanent
documentation of the specific piece and will reside with the official city records
of the City.
4. Regular maintenance. Paid professionals and/or trained and supervised
volunteers will perform regular maintenance according to the maintenance
schedule and condition report for each specific piece annually. The BPAC will
initiate and coordinate the regular maintenance activities. Each exterior piece,
not receiving hot wax or special treatment, will receive a cold wax treatment.
5. Special Maintenance. Credentialed professionals/craftspersons or
knowledgeable volunteer will perform maintenance that requires specialized
tools, equipment, or knowledge on an “as needed” basis. The BPAC will use
the condition report and/or site visits to determine need.
6. Emergency Maintenance or Repair. Paid professionals/craftspeople or
knowledgeable volunteers will perform emergency maintenance or repair on
an “as needed” timely basis as determined by the designated city staff.
Implementation
1. Policy Implementation. Designated city staff and volunteers will implement and
monitor the Public Art Maintenance Policy and will report to the BPAC annually,
or more often if needed, on the status of art work maintenance. City staff will
oversee the quality control, evaluation and corrective maintenance actions
carried out by this policy.
2. Funding. Funding for maintenance will be established through a budget
developed by the BPAC and presented to the BPAC each November. Funds
will come from the Brookings Public Art Fund. Maintenance funding will take
precedent over art purchases.
3. Contract Services. Contracts with paid professionals/ craftspeople will follow
established City guidelines and will be handled through the appropriate City
department.
4. Quality Control. The BPAC believes in regulating the quality of maintenance to
an established standard. Therefore the BPAC will work over time to collect
maintenance data (e.g. Lacquer vs. waxing, annual vs. biannual maintenance,
professional vs. volunteer, etc.) The BPAC and city staff will use this data to
develop specific quality standards and devise ways to measure if the standards
are met. Once established, the standards will be used to collect relevant data,
analyze that data, and create corrective action plans as needed. City staff will
identify specific areas of comparison (e.g. using multiple contractors and
comparing the results of their work) and documenting specific maintenance
challenges and failures (and their solutions).
5. Policy Review. Annually BPAC members and/or city staff will recommend
changes to the Public Art Maintenance Policy to the BPAC..
6. Attachments. Forms that will be used to implement the policy will be attached
as exhibits to the policy and modified as needed during the annual policy
review process.
Inventory
The BPAC will develop an inventory of public artworks in Brookings. A copy of
the public artworks inventory as updated, annually, by the BPAC, will be made
available on the City website.
Ideally, the following information will be recorded in the inventory and database:
• Title of the artwork
• Medium
• Dimensions
• Photograph(s)
• Value, if available
• Artist
• Location
• Year created
• Year acquired
• Donor, if donated
• Maintenance/conservation instructions
Information regarding newly acquired artworks should be entered into the inventory and
database by the BPAC as the artworks are installed. The inventory should be
structured and managed so as to be a resource to community residents and visitors
seeking to view Brooking’s public art collection. Current information is included as an
addendum.
IV. Additional Responsibilities and Opportunities
Art Opportunities Map
The BPAC will initiate the development of an inventory of public property on which
public artworks may be located within the City of Brookings. A copy of the Public Art
Opportunities Map will be made available on the City website. Information regarding
public property on which public artworks may be located should be entered onto the
Public Art Opportunities Map by the BPAC as potential locations are identified. The map
should be structured and managed so as to be a resource to the community as well as
groups or individuals wishing to place artworks on public property.
Art Integration
In addition to its responsibilities of acquiring and maintaining public art, the BPAC is a
resource for the City of Brookings. Other city departments as well as the Brookings
City Council are encouraged to seek input from the Brookings Public Arts Commision
to integrate the arts throughout the City, in its building projects and in the City’s Master
Plan. Opportunities for input could include, but are not limited to:
• Construction and maintenance of streets, boulevards and public right of ways
• Construction of bike lanes and bike parking
• Beautification of common items such as electric boxes, sidewalks, street signs,
etc.
• Public parks and spaces
• Other building projects that may provide opportunities for public art including
alleys, walls and under-utilized spaces
Public-Private Partnership
The successful creation and execution of a strategy for public art in Brookings, SD
requires a network of public and private partnerships. The City alone does not have the
staff or resources to acquire an extensive inventory of public art. The private sector
alone cannot site art on public or City property. Together the public and private sectors
can translate the community vision of supporting the creative class and high quality of
life in Brookings into a systematic program for the selection, acquisition and display of
public art including pieces on City property. The governance arrangement for this
process must of necessity be collaborative rather than hierarchical. Significant and
interdependent roles will be played by the Mayor, BPAC, individual donors, local arts
organizations, South Dakota State University and various other municipal and private
entities.
No work of art financed or installed either wholly or in part with city funds or with grants
procured by the city shall be installed on privately owned property without a written
agreement between the commission, acting on behalf of the city, and the owner
specifying the proprietary interests in the work of art and specifying other provisions
deemed necessary or desirable by the city attorney. In addition, such written agreement
shall specify that the private property owner shall assure:
1. That the installation of the work of art will be done in a manner which will protect
the work of art and the public;
2. That the work of art will be maintained in good condition; and
3. That insurance and indemnification will be provided as is appropriate.
Ownership in a partnership
It is anticipated that most of the public artworks displayed on municipal property or
public art easements will be either owned by the City of Brookings, private foundations,
charitable organizations, individuals, and displayed on municipal property through a
license agreement. In some instances, privately owned artworks suitable for display on
public property may be secured through a loan agreement.
Public artwork is to be identified with a plaque or marker identifying the owner (e.g.,
City of Brookings Public Art Collection), the artist's name, title of the work, and year
created. The plaque or marker may include the name(s) of the donor. Corporate script
or logos are not permitted.
Monetary Donation
With these goals in mind, several mechanisms of public and private funding
should be considered. Financial contributions and gifts by corporations,
private individuals and foundations can leverage limited public dollars.
Regardless of the source, it is important to know what constitutes usual and
customary expenditures for public art projects. The following items represent
the types of expenditures generally associated with the commissioning and
placement of public artwork. The following are representative of expenditures
to be considered:
• Cost of actual artwork.
• Artist and artwork-selection-related expenses including proposal and project
related honoraria.
• Documentation and public education materials.
• Pre-design, design, planning and service contracts.
• Expenses for technical assistance provided by architects or engineers.
• A designated fund for project costs, maintenance, restoration, and conservation.
• Site preparation.
With these considerations in mind, a combination of public and private investments as
described above will allow the City of Brookings to develop a robust public art
collection that will enhance its environment for generations to come.
Donors may contribute money to acquire, install and/or maintain art. Gifts should be
directed to the City of Brookings - Public Art Fund. The City of Brookings serves as the
entity that collects, controls and administers the dispersal of the contributed financial
resources.
Donations from the private sector or grants from the private or public sector shall be
encouraged as a means to broaden the existing program potential. These funds shall be
maintained in a separate fund for the public art program.
V. Insurance
Indemnity and Liability. The Artist will be required to release and agree to save and
hold harmless the City, and their officers, officials, members, agents, and employees
from any and all causes of action, suits in law of equity, or demands or claims, or from
any liability of any nature arising out of the construction and creation of the Work and
from any obligations made by the Artist or the Artist’s agents and/or employees.
The organizing individual or group should provide liability coverage for the property
owner and all individuals involved in installing the artwork. The donor is responsible for
all insurance costs until title to an artwork is transferred to the City. Prior thereto, the
City must be named on all insurance documents and proof of insurance must be
provided with the proposal paperwork. All risks for damages, theft, vandalism, and Acts
of God to the Work are the responsibility of the Artist during any and all operations,
including creation, transit and storage by the Artist, which take place on other than the
Site. The Artist shall provide a policy of insurance, covering all risks and hazards
against any damage to or loss of the Work while it is being made, transported, installed
or stored by the Artist.
The City is responsible for all risks for damages, theft, vandalism, and Acts of God to
the Work during any and all operations after its installation and acceptance of the Work.
The Artist shall be responsible for all damage, claims, and liability arising from, growing
out of damages caused by the Artist or the Artist’s employees or claims that may occur
as a result of the Artist’s breach of warranties.
ADDENDUM
BROOKINGS
The City of Brookings was incorporated in 1881 and is the home of South Dakota State
University, the state’s Land Grant University and largest university. With a population of
22,056, the City of Brookings is the fourth largest city in South Dakota and encompasses
a total area of 12.0 square miles. It is the seat of government for Brookings County
(population 31,965), with rail service provided by the Canadian Pacific Railroad.
Located in the heart of the I-29 corridor, the City of Brookings is just minutes from the
Minnesota border and less than an hour’s drive to the state’s largest city, Sioux Falls.
ART ORGANIZATIONS
Brookings Arts Council. The inaugural meeting of the Brookings Area Arts Council
took place on January 30, 1969, and the organization was incorporated in 1975. Not
long after, the former Carnegie Library building became available, and the BAC took
responsibility for administering the building as the Community Cultural Center (CCC).
The CCC, incorporated in 1979, originally had its own board of directors, but for greater
efficiency, merged with the BAC in 1990 under the name Brookings Community Cultural
Center. In 1992, the name was changed to the Brookings Arts Council, as it is known
today.
In its 35 plus years, the Brookings Arts Council’s mission has been to “encourage
community connections through the arts providing a supportive environment for
awareness, appreciation and participation.” The BAC seeks to educate the public,
while increasing opportunities for artists to gain recognition through juried art and
photography exhibitions. The BAC also provides a platform for the younger artists by
sponsoring exhibits of work by students from kindergarten through high school.
South Dakota Art Museum. As steward of the state’s art treasures, the South
Dakota Art Museum collects, preserves and exhibits visual art to provide access and
education, to foster appreciation of the visual arts for the people of South Dakota and
its visitors.
Since 1970, the South Dakota Art Museum in Brookings has been recognized as a
place for people from many parts of the world to enjoy artistic diversity. The Museum
features a dynamic exhibition schedule with up to 17 new exhibitions annually created
from our permanent collection of over 7000 objects, as well as, exhibitions curated from
regional, national and international artists and organizations. The Museum has been
accredited by the American Association of Museums since 1977.
Some of the major collections include:
• Harvey Dunn – son of South Dakota homesteaders, Dunn was a prominent
illustrator in New York through the 1940s. He served as an illustrator in WWI and
was an important teacher for the next generation of American illustrators.
• Native American art –featuring 20th Century Plains Indian art primarily by the
Dakota, Lakota and Nakota tribes in addition to an extensive Southwestern
Native American collection.
• Marghab Linens – the largest collection of over 3,000 hand embroidered
Marghab Linens created in Madeira from 1933-1980. The business was run by
Vera Way Marghab of Watertown, SD and her husband Emile.
• Paul Goble illustrations – original watercolor and ink illustrations by award
winning artist Paul Goble. The Museum holds over 500 of his original paintings
from his children’s books on Native American legends and traditions.
• Cockerline Collection – an encyclopedic collection of 466 original fine art prints
from the 60s and 70s including Op, Pop, and Abstract including Op, Pop, and
Abstract art.
• Vogel Collection - gifted through the 50x50 program from Herbert and Dorothy
Vogel, the South Dakota Art Museum was selected to be the recipient of this
collection rooted in abstract expressionism, post-minimalism, and diverse
figurative directions.
State University Department of Visual Arts. The Department of Visual Arts offers
courses in animation, art education, art history, ceramics, computer graphics, drawing,
film, illustration, interactive design, graphic design, mobile app design, painting,
photography, printmaking, sculpture and web design. With over 230 declared majors,
students earn BFA (Bachelor of Fine Arts) degrees in Art Education, Graphic Design and
Studio Arts leading to careers as professional designers and artists. Graduates may also
pursue graduate study, receiving advanced degrees in art and design. The department
provides ten specialized and multi-purpose studios and a 5000 square foot freshman
studio, in addition to resources available at the South Dakota Art Museum.
Brookings Summer Arts Festival & Committee. The volunteer BSAFC annually
sponsors a juried art festival of over 200 artists in historic Pioneer Park. Booths
celebrate South Dakota’s heritage as well as a regional products area.
PUBLIC ART & SPACES
“The Urban Canvas”
Robbie Jelsma, Brookings Downtown, 2015
“Lot Lines”
Scott Wallace
Brookings Public Library
Sculpture: “Lot Lines” by Scott Wallace
Dedicated September 21, 2002
A much larger than life steel-sculpted tulip on a steel pedestal, this sculpture was the
work of Scott Wallace, South Dakota State University Associate Professor of Visual
Arts. The piece was selected after a six-year search by the eight-member Brookings
Sculpture Committee and is the fourth in a series of outdoor sculptures selected for
Brookings.
The sculpture fits well in the Library’s east window area. It has a number of shadows
and lines that change with the seasons and patrons enjoy watching those changes.
This cost of this sculpture was $15,000, paid for by donations.
“The Owl: Celebrate a Century of Learning”
Brookings Public Library
Dedicated April 17, 1988
Officially named “Celebrate a Century of Learning”, this Palmer Eide sculpture is more
commonly called “Owl and Owlet”. It is sculpted from Indiana limestone and placed on a
black graphite base and is located in the southeast window area of the Brookings Public
Library.
The sculpture was the first outdoor sculpture in the city of Brookings and was part of
the Brookings community’s celebration of the South Dakota Centennial. The Brookings
Area Arts Council commissioned South Dakota sculptor, Palmer Eide, Professor
Emeritus of Art at Augustana College, to create a sculpture on the theme “Celebrate a
Century of Learning”, setting an early precedent for “art in public places”. Just as the
public library belongs to every member of the community, so does its art.
Original cost: $12,085 which was funded by grants and donations.
“Circle of Friends”
Brookings Public Library, K. E. Crain
The “Circle of Friends” sculpture is a cylinder with a simple band around the outside
that contains the engraved titles of several books that appeal to young readers. It has a
young girl, who is patterned from the sculptor’s youngest daughter, who also checked
out as many books as she could from her library. The girl is settled comfortably in the
cylinder with her favorite book. The cylinder is balanced on a pyramid base of books
with a bas-relief of the Secret Garden gate on one side and a depiction of the ”The
Island of the Blue Dolphin” on the other side.
The sculpture was a gift from the family of Mardell J. Peterson as a memorial to
Peterson who passed away in 2011. The Peterson family hopes that the Library
sculpture will inspire children to discover the wonderful world of books.
The sculpture is valued at $4000. It is located in the New Book display area of the
Brookings Public Library.
“Sculpture Project Sanctuary”
Larson Park, 8/30/1990, $20,000
“The Guardian”
Bronze Sculpture, Brookings Public Safety Building,
12/31/2012, $70,000
In the spring of 2012, the Brookings Police
Foundation embarked on what would later be known
as the “Guardian Project.” The Guardian Project set
out to celebrate in art form, the Brookings Police
Department’s commitment to Special Olympics as
“guardians of the flame.” Law enforcement
worldwide has long been known as “guardians of the
flame of hope” or the Law Enforcement Torch Run
for those special needs citizens.
The Brookings Police Foundation commissioned South Dakota artist, Lee Leuning, that
spring to design a sculpture that would highlight the department’s guardianship of special
needs people as well as all citizens.
Lee Leuning was born in Lake Hendricks, Minnesota and grew up in north Sioux
Falls. He attended South Dakota State University in Brookings earning a wildlife
biology degree. He worked 28 years as a wildlife officer for Tennessee and later
South Dakota. During his wildlife career he developed his artistic talents through
watercolor wildlife paintings. He attended 3 years at Northern State University
studying bronze sculpture. Lee has an innate ability to originate artworks that
appeals to a broad public. Lee is known for his attention to correct anatomy and
exacting detail in their representational works. He presently resides in his hometown
of Sioux Falls. In actuality, Lee heard of our project and with his prior law
enforcement background stated he had to be a part of this project. Lee Leuning and
Sherri Treeby formed Bad River Artworks and are well known around the state as
having contributed to several sculpture projects within the Midwest.
The “Guardian” sculpture was dedicated on November 19, 2012 at the same time the
Brookings Police Department opened its new doors to the re-dedicated Brookings
Public Safety Center. The sculpture depicts an officer sharing that special moment with
an athlete who has just won a medal while carrying the flame of hope.
“Blind Man II (The Chase)”
Allan C. Fischer, Wood sculpture, Hillcrest Park,
12/31/1994, $10,000
“Wisdom, Vision, Courage, and Integrity” Bronzes
Dale Lamphere, Donated, $28,000 value, 2015
“The Little Professor”
Bronze Sculpture
Downtown sidewalk, northeast corner Main & 4th St
$15,000
“Fine Arts”
Brookings Nature Center
“War Horse”
John Lopez - Lemmon,
SD Scrap-metal
$30,000
2014
Public Library Art Inventory
1999 Bas relief - Merry Richards, "South Dakota Summer",
mixed media
Children's
1999 Print - Jerry Kruse, "Summer's Way", framed, gift 2nd floor
1991 Print - Paul Goble, "Her seven brothers:, signed, framed Children's
1986 Print - Oscar Howe, "Origin of the Sioux:, framed Public - adult
1965 Print - Harvey Dunn, "After School", framed, gift Children's
1976 Print - Harvey Dunn, "I am the Resurrection…", framed, gift Storage
1976 Print - Harvey Dunn, "Dakota Woman", gift Storage
1976 Print - Harvey Dunn, "Something for supper", gift Hist. Room
1976 Print - Harvey Dunn, "Woman at the pump", gift Storage
1978 Print - Ginger Osgood, "Ascent", framed Storage
1976 Print - Harvey Dunn, "The Prairie is my garden", paper Storage
1976 Print - Harvey Dunn, "The Prairie is my garden", canvas Storage
2000 Print - Van Gogh, "Irises" Director
2000 Print - Renoir, "Two Sisters" Adult Services
2000 Print - "New Novel", gift Circulation
1990 Watercolor - Alice Berry, "High Noon", original, framed Public - adult
1993 Watercolor - Nathaniel Cole, landscape Storage
1960 Watercolor - Nathaniel Cole, "Campus gate" Storage
1996 Watercolor - Lola Wiebe, "Friends of the Library" Public - adult
1959 Oil - Milt Kudlacek, "Early spring" original, wood frame Public - adult
1976 Oil - no painter listed, man standing reading, framed Conference
1920 Oil - G Ames Aldrich, "Stream and Mill", framed Circulation
1976 Oil - Ada Caldwell, woman seated reading Workroom
1990 Acrylic - Signe Stuart, 40"X8', abstract Public - coffee
shop
1998 Acrylic - Mary Askren, "Counselor", Storage
1980 Painting - Vallean, farmstead on horizon, framed Storage
1995 Aztec Calendar - Ceramic coast, 28" Public
2005 Wood carving sculpture - Library, Harry Hecht Public
1928 Statue - Boy Scout Children's
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 16-001,Version:2
Public Hearing and Action on Ordinance 16-001, an Ordinance creating the Brookings Bicycle
Advisory Committee for the City of Brookings, South Dakota.
Summary:
This Ordinance would create a Bicycle Advisory Committee in the City of Brookings.
Background:
On December 15, 2015, the City Council directed staff to prepare an enabling Ordinance to formally
create the Brookings Bicycle Advisory Committee as an official city committee with members and
designated terms. The City Council previously adopted the enclosed Charter at their September 8,
2015 Meeting.
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
Charter
City of Brookings Printed on 1/21/2016Page 1 of 1
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Ordinance 16-001
An Ordinance Creating the Brookings Bicycle Advisory Committee
for the City of Brookings, South Dakota
Be It Ordained and Enacted by the City Council of the City of Brookings, State of South
Dakota, as follows:
I.
Creation/Name.
There is hereby created the Brookings Bicycle Advisory Committee (BBAC) for the City
of Brookings.
Purpose.
The role of the Brookings Bicycle Advisory Committee (BBAC) is to advise the City
Council, City Manager, and City Boards on bicycling related issues; help advance the
state of bicycle infrastructure; encourage bicycling for transportation and recreation;
public education and awareness; improve safety and compliance with traffic laws;
assist the City with bicycle plans; review and suggest legislative and policy changes;
recommend priorities for use of the public funds on bicycle projects; and help ensure
Brookings retains and enhances its status as a bike friendly community.
Manner of Appointment, Composition, Terms, Compensation.
a) Members of the Brookings Bicycle Advisory Committee (BBAC) will be appointed by
the Mayor, with the advice and consent of the City Council, for three-year terms that
commence in January. Members may be appointed for additional three-year terms.
The initial terms of office shall be staggered in 1, 2 and 3 year increments. Any
members whose term expires may be reappointed.
b) The Brookings Bicycle Advisory Committee (BBAC) shall consist of nine (9) or more
members who are representative of, but not limited to, Local Biking Organizations,
Citizens-at-large, Brookings School District faculty, staff, and students, SDSU
Student Senate and Administration, Brookings Area Transit Authority, and Business
Community. Non-voting liaisons shall include, but are limited limited to, Brookings
Sustainability Council, Park & Recreation Board, Brookings School District, and
South Dakota State University
c) All members of the Brookings Bicycle Advisory Committee (BBAC) shall serve
without compensation.
Qualification of members.
A majority of the members of the Brookings Bicycle Advisory Committee (BBAC) shall
be residents of the city.
Vacancies.
If a vacancy on the Brookings Bicycle Advisory Committee (BBAC) occurs prior to the
expiration of a term, the vacancy may be filled by appointment for a term not exceeding
three years. If a member is absent from three consecutive regular meetings without
authorization from the Chairperson, the member's seat may be considered vacant, and
a new member may be appointed.
Officers.
The Brookings Bicycle Advisory Committee (BBAC) will designate from among its
membership a chairperson, vice-chairperson and such other officers and
subcommittees as it deems appropriate and necessary.
Meetings.
The Brookings Bicycle Advisory Committee (BBAC) will meet at such times and places
as may be determined by the Brookings Bicycle Advisory Committee (BBAC). A majority
of members of the Brookings Bicycle Advisory Committee (BBAC) shall constitute a
quorum. BBAC meetings shall be open to the public and comply with City open
meetings policies.
Objectives:
The objectives of the BAC shall include, but are not limited to:
1. Policies
A. Advise the City Manager on implementation of the bicycle master plan for the
City of Brookings.
B. Review and make recommendations on planning documents prepared by City
departments affecting the use of the bicycle as a transportation and
recreational mode. These shall include, but are not limited to, the
Comprehensive Plan, Master Transportation Plan, Arterial Streets
Classification Policy, neighborhood plans, area-wide development plans, and
the Central Business District Plan.
C. Review and make recommendations regarding funding priorities for bicycle
program activities and capital improvement projects insofar as they relate to
bicycling.
D. Monitor activities of other jurisdictions as they affect bicycling in the city.
E. Advise City Manager on issues related to the current and future bicycle
network, traffic safety, and innovative or best practices.
F. Consult with the Park and Recreation Advisory Board, Traffic Safety
Committee, Sustainability Council and Planning Commission as needed to
insure proper coordination of bicycle-related activities.
2. Implementation
A. Review and make recommendations on capital improvement projects
developed by the City departments and outside agencies to ensure that
adequate consideration is given to bicycles.
B. Review and make recommendations regarding bikeway signage and
improvement plans.
3. Education and Enforcement
A. Advise city staff on promoting bicycle safety education and enforcement
activities in the city.
B. Interact with local and regional law enforcement, other governmental
agencies, and advocacy organizations as they relate to bicycle and
pedestrian safety and on- and off-road bicycle network developments.
4. Community Involvement & Input
A. Provide a forum for citizens to comment to the city on the state of cycling
locally and regionally.
B. Advise city staff on issues related to public involvement in bikeway
improvement projects with the goal of developing a consensus among the
affected public.
C. Establish and maintain communication with similar advisory committees in
adjoining jurisdictions to support the enhancement of bicycle networks
regionally.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: January 12, 2016
Second Reading: January 26, 2016
Published: January 29, 2016
CITY OF BROOKINGS, SD
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
8/27/15
Charter
Brookings Bicycle Advisory Committee (BBAC)
Brookings SD
Role/Purpose:
The role of the Brookings Bicycle Advisory Committee (BBAC) is to advise the City Council, City
Manager, and City Boards on bicycling related issues; help advance the state of bicycle
infrastructure; encourage bicycling for transportation and recreation; public education and
awareness; improve safety and compliance with traffic laws; assist the City with bicycle plans;
review and suggest legislative and policy changes; recommend priorities for use of the public
funds on bicycle projects; and help ensure Brookings retains and enhances its status as a bike
friendly community.
Objectives:
The objectives of the BAC shall include, but are not limited to:
1. Policies
A. Advise the City Manager on implementation of the bicycle master plan for the City of
Brookings.
B. Review and make recommendations on planning documents prepared by City
departments affecting the use of the bicycle as a transportation and recreational
mode. These shall include, but are not limited to, the Comprehensive Plan, Master
Transportation Plan, Arterial Streets Classification Policy, neighborhood plans, area-
wide development plans, and the Central Business District Plan.
C. Review and make recommendations regarding funding priorities for bicycle program
activities and capital improvement projects insofar as they relate to bicycling.
D. Monitor activities of other jurisdictions as they affect bicycling in the city.
E. Advise City Manager on issues related to the current and future bicycle network,
traffic safety, and innovative or best practices.
F. Consult with the Park and Recreation Advisory Board, Traffic Safety Committee,
Sustainability Council and Planning Commission as needed to insure proper
coordination of bicycle-related activities.
2. Implementation
A. Review and make recommendations on capital improvement projects developed by
the City departments and outside agencies to ensure that adequate consideration is
given to bicycles.
B. Review and make recommendations regarding bikeway signage and improvement
plans.
3. Education and Enforcement
8/27/15
A. Advise city staff on promoting bicycle safety education and enforcement activities in
the city.
B. Interact with local and regional law enforcement, other governmental agencies, and
advocacy organizations as they relate to bicycle and pedestrian safety and on- and
off-road bicycle network developments.
4. Community Involvement & Input
A. Provide a forum for citizens to comment to the city on the state of cycling locally and
regionally.
B. Advise city staff on issues related to public involvement in bikeway improvement
projects with the goal of developing a consensus among the affected public.
C. Establish and maintain communication with similar advisory committees in adjoining
jurisdictions to support the enhancement of bicycle networks regionally.
Membership
1. Composition size: 7 to 9 members
2. Voting Members to be chosen from, but not limited to the following areas:
A. Local Biking Organizations
B. Citizens-at-large
C. Brookings School District faculty, staff, and students
D. SDSU Student Senate and Administration
E. Brookings Area Transit Authority
F. Business Community
3. Non-voting liaisons:
A. Brookings Sustainability Council
B. Park & Recreation Board
C. South Dakota State University
4. Expectations of members:
A. Interest and/or expertise in bicycle and pedestrian issues
B. Continued education in bicycling best practices
C. Adhere to the City’s Code of Ethics
D. Favorable/positive interest in bicycling and sustainability
Meetings:
1. The BBAC shall meet monthly. Regular meeting times, dates, and locations will be set by the
membership.
2. Quorum shall consist of a majority of appointed voting members.
3. BBAC meetings shall be open to the public and comply with City open meetings policies.
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 16-002,Version:2
Public Hearing and Action on Ordinance 16-002, an Ordinance creating an Urban Chicken
Demonstration/Pilot Project and temporarily amending Chapter 14 of the Code of Ordinances of the
City of Brookings, South Dakota to include provisions pertaining to the keeping of chickens pursuant
to a Pilot Project of Limited Duration in the City of Brookings.
Summary:
The enclosed Ordinance would allow create an Urban Chicken Demonstration Project in the City of
Brookings, allowing for the issuance of temporary permits for a limited duration of time.
Background:
On December 8, 2015, the City Council voted to direct staff to work the Sustainability Council in
developing a policy/process for a demonstration pilot project issuing temporary permits to test
backyard chickens in the City of Brookings.
The Sustainability Council met on Tuesday, January 5, 2016 at 2:00 p.m. to discuss and offer the
following policy and process recommendations on the Urban Chicken Demonstration/Pilot Project for
the City of Brookings.
The following recommendations to approve the proposed Ordinance and process with the
specifications as outlined were unanimously adopted by the Sustainability Council:
Process/Rationale:
1.Follow rules from the originally proposed ordinance:
a.In order to be a true test of the concept, the Council recommends the pilot project follow
the same requirements as the originally proposed ordinance.
2.Issue up to ten (10) permits to the first 10 qualifying applicants:
a.The majority of the Council felt 10 was an adequate test number.
3.Duration of one (1) year with 6 month grace period following completion of demonstration:
a.The six month grace period would allow for owners to re-home their birds if a
permanent ordinance isn’t passed. Owners will sign an agreement indicating they
understand the risk.
4.Applications available online or in City Offices:
a.The applications, requirements and educational material will be available online by
February 18th.
5.No fee for temporary permits:
a.Since this is a temporary pilot project and applicants will incur expenses in building
coops, etc., the Council didn’t feel it was appropriate to require a fee. If an ordinance is
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File #:ORD 16-002,Version:2
permanently adopted, the Council recommends the fee be minimal in order to promote
urban agriculture.
6.Educational materials and activities to be provided:
a.City website to include information on care of chickens
b.Council to coordinate with local organizations to offer a coop building workshop in
March at the Brookings Public Library
c.Host summer and fall coop tours
d.Recommend chicken demonstrations at public locations (farmer’s market, downtown
events, Arts Festival)
7.Reporting:
a.Applicants will be required to allow permission of the Sustainability Council access to
tour coops for educational and reporting purposes. Applicants will also be advised of
the reporting requirements to the City Council.
b.The Sustainability Council recommends Animal Control and Code Enforcement track
the following for the Pilot Project:
i.Address of applicant
ii.Number of chickens
iii.Number of complaints and the nature of complaints regarding the pilot
project
iv.Comparison of all pet complaints to pilot project complaints
c.The Sustainability Council will inspect coops at the end of the project and prepare a
report to include number of birds, deaths, map/addresses, and photographs.
d.Reports:
i.Initial: number of applicants awarded, location, number of hens
ii.Quarterly: number and nature of complaints received, comparison to other pet
complaints
iii.Final: map/address, photos of coops, complaints received, comparison, map
The Sustainability Council discussed the following additional other issues related to a pilot project
and made the following recommendations:
1.No application pre-approval inspections through Animal Control:
a.Pre-approval inspections are not done for any other licensed animals in town. The
ordinance should mirror other animal ordinances and should not create an additional
workload on animal control staff.
2.No notification to neighbors:
a.Neighbor permission isn’t needed for other animals. The Council feels the ordinance
should mirror other animal ordinances. It should also mirror the original ordinance in
order to be a true test of the concept.
3.No leg banding:
a.Leg banding to track an at-large chicken was initially suggested. None of the
communities contacted band urban chickens. The Council felt leg banding would be
cost prohibitive for a temporary program, time consuming, create unnecessary
paperwork, and difficult to track.
Schedule:
Jan 5 Sustainability Council review and approve proposed process
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Jan 12 City Council: First reading of Ordinance allowing temporary permits
Jan 26 City Council: Second reading of Ordinance allowing temporary permits*
Feb 15 Issue press release to offer permits
Feb 18 Accept applications (first 10 qualifying applications will be awarded)
Mar 18 Deadline to apply
Mar/Apr Coop building
May Recommend applicants purchase chicks
July Quarterly Report to City Council
Oct Quarterly Report to City Council
Jan 2017 Quarterly Report to City Council
March 2017 End of demonstration project
April 2017 Present final report to City Council
May 2017 Depending on outcome, City Council considers permanent ordinance
Aug 2017 Hens must be re-homed outside city limits if a new ordinance isn’t adopted
*Note: The Planning Commission will need to amend the zoning code to allow for this ordinance.
This action will occur concurrently and the effective approval date can’t occur until the zoning action
is completed.
Attachments:
Ordinance
Application
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Ordinance 16-002
An Ordinance creating an Urban Chicken Demonstration/Pilot Project and
temporarily amending Chapter 14 of the Code of Ordinances of the City of
Brookings, South Dakota to include provisions pertaining to the keeping of
chickens pursuant to a Pilot Project of limited duration in the City of Brookings.
Preamble
Whereas, on December 8, 2015, the City Council authorized staff of the City of
Brookings to prepare an Ordinance to implement an Urban Chicken Demonstration /
Pilot Project authorizing, for a limited duration, the keeping of chickens by a limited
number of permittees in the City of Brookings; and
Whereas, the duration of this ordinance shall be for a period of one (1) year, together
with an additional six (6) month grace period for completion of the project including the
relocation of the hens; and
Whereas, the City Council hereby authorizes and instructs the Sustainability Council
and City Clerk to administer an Urban Chicken Demonstration / Pilot Project, and further
authorizes, for the limited duration set forth herein, the temporary adoption of Sections
14-6, 14-82, 14-90, 14-91, 14-151, 14-152 and 14-154, thereby permitting up to six (6)
hens to be kept by those who are issued permits under the Pilot Project; and
Whereas, the Urban Chicken Demonstration / Pilot Project shall be established and
administered according to the following guidelines:
a. The City may issue up to ten (10) permits for the keeping of chickens during
the pilot project;
b. Applications for permits shall be made available online or in the City Clerk’s
Office;
c. The application process shall be open to public inspection;
d. Permits will be issued to the first 10 qualifying applicants;
e. No fee shall be required for a permit;
f. The City website shall include information concerning the care of chickens;
g. The Sustainability Council will coordinate with local organizations to offer a
coop building workshop;
h. The Sustainability Council will host coop tours of permitted locations.
Permittees shall be required to allow tours of their facilities for educational
purposes;
i. The City will recommend chicken demonstrations at public locations (farmer’s
market, downtown events, Arts Festival) during the pilot project;
j. The Sustainability Council, in cooperation with the Animal Control/Brookings
Police Department, shall compile the initial and quarterly reports to include
the number of applicants awarded, map/locations, number of hens, number
and nature of complaints received, and comparison to other pet complaints.
The final report shall also include photos of coops, and other documentation
as required by the City Council and City Manager.
Now Therefore, Be It Ordained and Enacted by the Council of the City of Brookings,
State of South Dakota, as follows:
I.
Sec. 1. That the Preamble of this Ordinance is hereby adopted as a part of this
Ordinance.
Sec. 2. The following Sections of Chapter 14 of the Code of Ordinances of the City of
Brookings are hereby revised during the duration of this Ordinance:
Sec. 14-6. - Number of pets limited.
It is unlawful for any person or caretaker to have or keep more than six domestic
pets, including, but not limited to, dogs, cats and rabbits over the age of four
months, except birds and fish, upon any lot or premises in the city, unless such
person or caretaker resides within the lot or premises and has a valid pet shelter
or kennel license issued by the city. For the purpose of limiting number of pets,
three chickens are the equivalent of one domestic pet. Up to six hens are allowed
per residence. The city animal shelter and veterinarian offices are exempt from
the provisions of this section.
Sec. 14-82. - Proximity of fowl to dwellings.
It is unlawful for any person to enclose or house any guinea fowl, ducks, geese,
turkeys or other domestic fowl, except hens and pigeons, and except falcons or
hawks in the possession of a state and federally licensed handler, in any house,
pen, coop or enclosure or other building situated within a distance of 125 feet of
any church, school or other public building or within 125 feet of any dwelling,
store or other building used or occupied as a residence of any person other than
that of the owner or caretaker of such fowl. Hens in any house, pen, coop or
enclosure must be at least 25 feet from any church, school or public building and
must be at least 25 feet from any dwelling, store or other building used or
occupied as a residence of any person other than that of the owner or caretaker
of the hens.
Sec. 14-90. - Keeping of game birds prohibited.
No person may keep or have any game birds, including but not limited to,
pheasants, geese, ducks, quail and partridge in any house, pen, coop or
enclosure or other building situated within a distance of 125 feet of any church,
school or other public building or within 125 feet of any dwelling, store or other
building used or occupied as a residence of any person other than that of the
owner or caretaker of such fowl. Chickens are not considered a game bird.
Sec. 14-91. - Keeping of hens.
The keeping of up to six hens are allowed per residence; roosters are prohibited.
Nuisance issues relating to hens shall be covered under the current rules and
regulations pertaining to animal nuisances in Section 14-9 of this Chapter.
Sec. 14-151. - Required.
It is unlawful for any person within the city to keep, maintain or have in their
custody or under their control any dog, or cat which is over the age of three
months, or chickens, without first having obtained a license for the dog, cat or
chickens from an authorized agent of the city.
Sec. 14-152. - Application.
Any person desiring to keep, maintain or have in their custody or control within
the city, any dog, cat or chickens, shall, on or before December 31st of each year,
make an application to an authorized agent of the city for a license to keep such
dog, cat or chickens. Such application shall be in writing, stating the name, sex,
color and other distinguishing characteristics (e.g., such as guard dog) of such
dog or cat and the name of the owner or caretaker thereof. The license
application shall be made on a printed form furnished by an authorized agent and
shall be filed with an authorized agent of the city.
Sec. 14-154. - Fee.
Before any license may be issued under the provisions of this article, the
applicant shall pay to an authorized agent a fee for each dog, cat or chickens to
be licensed. The annual fee for such license shall be determined from time to
time by resolution of the city council. No fee shall be charged for temporary
permits.
Sec. 3. That this Ordinance shall expire at 11:59 p.m. on August 1, 2017.
Sec. 4. That the Sustainability Council shall compile all data and reports concerning the
pilot program authorized by this Ordinance and, prior to the expiration of this Ordinance,
shall make a recommendation whether Temporary Ordinance Sections 14-6, 14-82, 14-
90, 14-91, 14-151, 14-152 and 14-154 of the Code of Ordinances should be retained as
they now read or be amended or repealed.
Sec. 5. That if any provision, section, subsection, sentence, clause or phrase of this
Ordinance, or the application of same to any person or set of circumstances, is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of this Ordinance or their application to other persons or sets of circumstances shall not
be affected thereby, it being the intent of the City Council in adopting this Ordinance that
no portion hereof or provision or regulation contained herein shall become inoperative
or fail by reason of any unconstitutionality, voidness or invalidity of any other portion
hereof, and all provisions of this Ordinance are declared to be severable for that
purpose.
First Reading: January 12, 2016
Second Reading: January 26, 2016
Published: January 29, 2016
CITY OF BROOKINGS, SD
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Urban Chicken Permit
Name:
Address:
Phone (Home): Phone (mobile):
Email:
** 24-hour emergency contact phone number
This is the number that will be called if we receive a complaint about the chickens on your property
Number of hens to be kept: (maximum of 6 hens). NO ROOSTERS ARE ALLOWED.
Complete and submit the following attachments:
A: Description of chicken coop and pen, including materials used and cubic feet
B: Sketch identifying the property boundaries and indicating the location of the coop and pen
C: For tenants/renters only – Landlord’s approval form
I understand and agree to the following requirements for keeping chickens in the City of Brookings,
South Dakota:
1. I have read the Brookings City Urban Chicken Policy and understand the requirements for keeping
chickens.
2. No fee required for temporary permits; however, if ordinance is permanently enacted, applicants
will be required to submit fee to continue.
3. City approval is required prior to obtaining chickens.
4. All City ordinances and state laws relating to the care and keeping of animals will be followed.
5. Chickens must be kept within the confines of my property at all times.
6. I give permission for Sustainability Council members and city staff to visit/tour my property for
reporting purposes to include photographs of the coop and surrounding area. Permit holders will be
encouraged to participate in coop-tours for public demonstration and educational purposes.
7. I acknowledge that I live in a single-family dwelling as per zoning code.
If rental, I have obtained permission from my landlord (approval form attached).
TEMPORARY PERMIT (3/1/16-3/1/17)
Urban Chicken Pilot Project Permit
Shari Thornes, Brookings City Clerk
520 3rd Street, Suite 230 / PO Box 270
Brookings, SD 57006
(605) 692-6281 phone; (605) 692-6907 fax
sthornes@cityofbrookings.org
8. I affirm that I have never been found guilty of any animal welfare, neglect or cruelty code.
9. The permit is a limited license for the activity and no vested zoning rights arise from the permit
being issued and that the permit does not run with the land.
10. I understand the private restrictions on the use of the property shall remain enforceable and shall
supersede the permit. I affirm that there are no private restrictions including, but not limited to,
deed restrictions, condominium restrictions, neighborhood association bylaws, covenants, and
restrictions and rental agreements. A permit issued to a person whose property is subject to private
restrictions that prohibit keeping of chickens is void.
11. This permit is not transferable.
I affirm that all statements contained in the application and Attachments A-D are true and correct and that I the
permit holder will keep the chickens in compliance with all related ordinances and Urban Chicken Policy. I
understand that failure to comply with regulations may result in revocation of the permit and/or issuance of a
municipal infraction.
I understand this is a temporary pilot demonstration project and I will be
required to re-home all birds by August 1, 2017 if a permanent ordinance is not
adopted by the City of Brookings.
Signature Date
For City Use Only
Permit Fee: Waived for temporary permits
Community Development approval:
Police /Animal Control approval:
City Clerk:
Approval Date: Denied:
Reason for denial:
Permit Number:
Issue Date:
Expiration Date:
TEMPORARY PERMIT (3/1/16-3/1/17)
Urban Chicken Pilot Project Permit
Urban Chicken Permit
ATTACHMENT A:
DESCRIBE THE CHICKEN COOP AND PEN, INCLUDING MATERIALS USED AND CUBIC FEET.
COOPS THAT A HAVE A FOOTPRINT OF 121 SQUARE FEET OR LARGER REQUIRE A PERMIT FROM THE CITY
ENGINEERING DEPT BEFORE CONSTRUCTION.
ATTACHMENT B:
SKETCH A DIAGRAM BELOW OF THE PROPERTY, INCLUDING THE DIMENSIONS AND INDICATE THE LOCATION OF
COOP, PEN, AND NEIGHBORS’ RESIDENTIAL STRUCTURES.
ATTACHMENT C:
TO BE COMPLETED ONLY IF THE APPLICANT IS A TENANT.
I AM THE OWNER/LANDLORD OF __________________________, BROOKINGS, SD, AND I GIVE PERMISSION
FOR MY TENANT, ____________________________, TO INSTALL A CHICKEN COOP AND KEEP CHICKENS ON
THE PROPERTY.
SIGNATURE/DATE
CITY OF BROOKINGS
URBAN CHICKEN GUIDELINES
REQUIREMENTS FOR KEEPING CHICKENS
Number and type of chickens allowed.
1. The maximum number of chickens allowed is six (6) per tract of land regardless of how many
dwelling units are on the tract.
2. Only female chickens are allowed.
3. No roosters allowed.
Noncommercial use only.
It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes.
Enclosures.
1. Coops that a have a footprint of 121 square feet or larger require a permit from the City Engineering
Dept before construction.
2. Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a
henhouse or chicken tractor during non-daylight hours.
3. Enclosures must be kept in a clean, dry, odor-free, neat and sanitary condition at all times.
4. Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun
and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.
5. Henhouses and chicken tractors.
A. Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions
for the chickens while minimizing adverse impacts to other residents in the neighborhood.
a. A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and
doors. Access doors must be able to be shut and locked at night. Opening windows and
vents must be covered with predator and bird proof wire of less than one-inch openings.
b. The materials used in making a henhouse or chicken tractor shall be uniform for each
element of the structure such that the walls are made of the same material, the roof has
the same shingles or other covering, and any windows or openings are constructed
using the same materials. The use of scrap, waste board, sheet metal, or similar
materials is prohibited. Henhouses and chicken tractors shall be well maintained.
B. Henhouses, chicken tractors and chicken pens shall only be located to the rear of the dwelling or
other main structure and may be located in the rear yard.
C. Henhouses, chicken tractors and chicken pens must be located to comply with Section 94-394
and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place
of business.
6. Any enclosed chicken pen shall consist of sturdy wire or wooden fencing. The pen must be covered
with wire, aviary netting, or solid roofing.
Odor and noise impacts.
1. Odors from chickens, chicken manure or other chicken related substances shall not be perceptible at
the property boundaries.
2. Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb
persons of reasonable sensitivity.
Predators, rodents, insects and parasites.
The chicken owner shall take necessary action to reduce the attraction of predators and rodents and the
potential infestation of insects and parasites. Chickens found to be infested with insects and parasites
that may result in unhealthy conditions to human habitation may be removed by an animal control
officer.
Feed and water.
1. Chickens shall be provided with access to feed and clean water at all times.
2. The feed must be stored in covered, rodent-proof containers.
3. When feed is provided, it must be done in a manner that will not attract rodents.
Waste storage and removal.
The chicken owner must provide for the storage and removal of chicken manure. All stored manure shall
be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three
(3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be
removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from
trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
Chickens at large.
The Permittee shall not allow the chickens to roam off the permitted tract of land. No dog or cat or
other domesticated animal which kills a chicken off the permitted tract of land will, for that reason
alone, not be considered a dangerous or aggressive animal or the city's responsibility to enforce its
animal control provisions.
Unlawful acts.
1. It shall be unlawful for any person to keep chickens in violation of any provision of these policies.
2. It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to be kept on
the property in violation of the provisions of these policies.
3. No person shall keep chickens inside a single family dwelling unit, multi family dwelling unit(s) or
rental unit.
4. No person shall slaughter any chickens within the city limits.
5. No person shall keep a rooster.
6. No person shall keep chickens on a vacant or uninhabited tract of land.
Nuisances.
Any violation of this article that constitutes a health hazard or that interferes with the use or enjoyment
of neighboring property is a nuisance and may be abated under the general nuisance abatement
provisions of Chapter 14 of the Code of Ordinances.
Continuing violations.
Each day that a violation of this article continues is a separate offense.
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 16-008,Version:1
Public Hearing and Action on Resolution 16-008, a Resolution amending the Major Street Plan of the
City of Brookings.
Proposal: Propose reclassifications to the Major Street Plan
Background: The Major Street Plan (MSP) has been modified several times over the years to keep
pace with the growth of the city. The MSP is an important element in the city’s transportation plan.
Streets that carry higher traffic volumes and meet the collector or arterial street classification criteria
are included in the MSP. Developers and their designers routinely reference the plan when creating
new subdivisions. The plan strives to accomplish a coordinated system of major and minor traffic
arteries throughout the city.
Specifics: Additions, extensions, and reclassifications to the MSP typically occur as an area
becomes more densely developed or an existing land use alters the previous traffic pattern. The
Prairie Hills Addition is a multi-phase, multi-use development that was initiated in 2007. In 2015, the
owner submitted substantial revisions to the south portion of the subdivision to improve the internal
flow of traffic and also to match-up with the street system proposed at the intersection of Main
Avenue South and 26th Street South. Swallow Ridge will be the east leg of this intersection and will
serve a low-density residential neighborhood. The street will have a 60’ wide right-of-way for the first
250’ and then be reduced to a 50’ wide right-of-way with no public sidewalks in front. This design
was approved by the Planning Commission and City Council as part of a Large Scale Residential
Development Plan (LSRD) last year.
The MSP adopted in 2012 indicated that a collector street would be desirable in this area based on
the original Prairie Hills subdivision plan. However, with the revised plan the Planning Commission
has recommended that the MSP be changed as indicated on the map. This will also allow the City
Engineers Department to approve the street plans for Swallow Ridge that will be more functional
based on the right-of-way widths approved under the LSRD.
Recommendation:
The Planning Commission voted 9 yes and 0 no to recommend approval of the revision to the Major
Street Plan.
Attachments:
Resolution
Notice
Planning Commission Minutes
Master Street Plan - revision Prairie Hills
Street Plan - Prairie Hills Swallow Ridge
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Resolution 16-008
A Resolution Amending the Major Street Plan of the City of Brookings
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-
18 adopted the Major Street Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Major Street Plan should be amended
and supersede the previously adopted Major Street Plan adopted March 27, 2012; and
Whereas, the City Planning Commission of the City of Brookings, SD has
recommended approval of the revised Major Street Plan in accordance with SDCL 11-6-
17;
Now, Therefore, Be It Resolved by the City of Brookings, SD, that the Major Street Plan,
as amended, is hereby adopted for the City of Brookings, with said map to supersede
the previous Major Street Plan. The Major Street Plan shall be on file in the office of the
City Clerk and is available for public inspection by any interested person.
Passed this 26th day of January, 2016.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
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 AN AMENDMENT TO THE
MAJOR STREET PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on
an amendment to the Major Street Plan pertaining to street classification changes in the
Prairie Hills Addition in the City of Brookings.
NOTICE IS FURTHER GIVEN That said public hearing will be at 6:00 PM on
Tuesday, January 26, 2016, in the Chambers Room on the third floor of the Brookings
City and County Government Center at 520 Third Street, Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 15th day of January, 2016.
______________________________
Dan Hanson
Planning & Zoning Administrator
Major Street Plan revisions
Planning Commission Official Minutes
The City of Brookings has submitted amendments to the Major Street Plan for the City
of Brookings.
(Gregg/Pierce) Motion to approve the amendments.
(Fargen/Heuton) Amendment to the motion to approve only a major street plan revision
in the Prairie Hills Addition for the 26th Street South/Swallow Ridge rights-of-way area.
All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Amendments to the Major Street Plan (MSP) were proposed primarily to keep ahead of future
development projects in the city. An area of particular interest was the Swallow Ridge right-of-
way in Prairie Hills Addition. A revision to the subdivision plan submitted by the owner in 2015
had prompted a review of the current MSP due to an in-progress construction project.
Reclassifying some collector streets as local streets on the MSP would allow for a narrower
roadway widths according to engineering design standards. This was important since Swallow
Ridge had been approved by the city as a 50’ wide right-of-way. Design standards required by
the City Engineer’s Dept. called for a 31’ wide roadway on a local street and a 41’ wide roadway
on a collector street. If Swallow Ridge was designated as a local street, a reduction in the
roadway would result in wider boulevards which was desirable for utility installations and other
facilities. Fargen favored changing the MSP only for the Prairie Hills Addition.
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 16-014,Version:1
Action on Resolution 16-014, a Resolution authorizing the Retirement of Brookings Municipal Utility
Bonds issued in 1998, 1999, and 2000; in the actions of the Brookings Municipal Utilities Board.
Summary:
City Council approval is necessary to retire the bonds. See attached memo from Steve Meyer,
Executive Vice President/General Manager BMU.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 16-014
A Resolution authorizing the Retirement of
Brookings Municipal Utility Bonds issued in 1998, 1999, and 2000;
in the actions of the Brookings Municipal Utilities Board
Whereas Brookings Municipal Utilities (BMU) has outstanding debt of $10,715,000 from
municipal tax exempt bonds issued in 1998, 1999, and 2000; and
Whereas the Brookings Municipal Utilities Board has determined that it is beneficial to
BMU to retire the above mentioned bonds issued in 1998, 1999, and 2000; and
Whereas the Brookings Municipal Utilities Board has determined that there are sufficient
resources within the BMU fund balances to retire the debt outstanding from the above
mentioned bonds issued in 1998, 1999, and 2000; and
Whereas the Brookings Municipal Utilities Board authorized the Executive Vice
President and General Manager of BMU to execute the documents necessary to retire
the outstanding debt from the municipal tax free bonds issued in 1998, 1999, and 2000
by BMU Resolution No. 4-16 adopted the 11th day of January, 2016; and
Whereas, the City Council recognizes the benefit of the retirement of the 1998, 1999
and 2000 bonds; and
Whereas, this authorization by the City Council will facilitate the retirement of the 1998,
1999 and 2000 bonds.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the retirement of Brookings Municipal Utility Bonds issued in
1998, 1999 and 2000 is hereby authorized; and
B. That the Mayor, City Clerk and the Executive Vice President and
General Manager of BMU are authorized to execute the documents
and notices required in accordance with this Resolution.
Passed and approved on the 26th day of January, 2016.
CITY OF BROOKINGS:
ATTEST: Tim Reed, Mayor
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 2016-0044,Version:1
Action to Approve an Interfund Loan between the Solid Waste Fund and the Swiftel Center Fund.
Summary:
Approve a nine-year, $1.1 million dollar interfund loan, at 1.5% interest, from solid waste fund to
Swiftel Center fund, to purchase and install new seating in the Swiftel Center.
Background:
The retractable seating in the Swiftel Center needs to be replaced due to age and safety issues. The
cost to replace the seating is estimated to be $1.1 million dollars. Council requested staff to analyze
available options to provide an interfund loan for this project.
Upon review of all City funds, it has been determined the best source for the interfund loan is the
solid waste fund, specifically, borrowing from funds being set aside for a new trench. It is estimated
that the new trench construction will be necessary around the year 2021. As part of the budget, the
landfill has been allocating money annually for the new trench estimated to cost $1.2 million. On our
present course we anticipate having an available balance of $2.05 million by 2021. Based on
analysis, there would be ample time to replenish the trench funds with loan payments, ensuring funds
available when needed.
Fiscal Impact:
The nine year loan at 1.5% interest rate requires annual payments from the Swiftel Center fund of
$131,571.
Recommendation:
Staff recommends approval.
Attachments:
Trench Reserve Balance
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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 2016-0008,Version:1
Action to appoint a City Council Member, effective 2/10/2016 - 4/30/2016.
Summary:
This is filling outgoing Council Member Scott Meyer’s vacant seat through 4/30/2016.
The following Brookings residents have applied for Council Member Meyer’s position:
·Edward J. Ballou
·Arnold M. Brown
·David M. Meyer
·Douglas A. Smith
The appointment term would be from February 10, 2016 - April 30, 2016. The City Council will take
action to appointment someone to fill the vacancy.
The new Council Member would then be sworn in and take office on February 10, 2016.
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