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HomeMy WebLinkAbout2016_06_14 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, June 14, 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. 5:00 PM Executive Session ID 2016-0397 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel regarding proposed or pending litigation or contractual matters. 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 2016-0407 Action to approve the May 10 and May 17 City Council Minutes. Page 1 City of Brookings June 14, 2016City Council Meeting Agenda 5/10/2016 Minutes 5/17/2016 Minutes Attachments: 3.C.ID 2016-0340 Action to appoint Brookings Public Arts Commission members. Ordinance 16-006 Public Art Guidelines Attachments: 3.D.ID 2016-0408 Action to appoint Park and Recreation Board College Student Representative. 3.E.RES 16-038 Action on Resolution 16-038, a Resolution declaring Library equipment as surplus property. ResolutionAttachments: 3.F.RES 16-046 Action on Resolution 16-046, a Resolution authorizing the Mayor to Sign a Sub Grant Agreement with the South Dakota Department of Environmental and Natural Resources for Waste Tire Collection and Disposal. Resolution Grant Work Plan Attachments: 3.G.RES 16-047 Action on Resolution 16-047, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park. ResolutionAttachments: 3.H.RES 16-049 Action on Resolution 16-049, a Resolution authorizing Change Order No. 1 for 2015 EdgeBrook Golf Course Drainage Improvements; Meyer Services, Inc. ResolutionAttachments: 3.I.RES 16-050 Action on Resolution 16-050, a Resolution approving Change Order No. 1 (Final) for 2016-03SSI, Division Avenue Drainage Improvement Project, Phase 3; Rounds Construction Company Inc. Resolution Map Attachments: 3.J.RES 16-051 Action on Resolution 16-051, a Resolution declaring Swiftel Center equipment as surplus property. ResolutionAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: Page 2 City of Brookings June 14, 2016City Council Meeting Agenda 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 5.C.ID 2016-0399 Introduction of Ashia Gustafson, Director of Library Services. 5.D.ID 2016-0411 Mayor’s Annual State of the City Message. 6. Contracts/Change Orders: 6.A.RES 16-048 Action on Resolution 16-048, a Resolution awarding the contract for the purchase of two police vehicles from Einspahr Ford. 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. 8. Public Hearings and Second Readings: 8.A.ORD 16-011 Public Hearing and Action on Ordinance 16-011, an Ordinance to Rezone a portion of the S ½ of the NE ¼ of Section 1-T109N-R50W from an Agricultural A District to a Residence R-1C District. Ordinance Notice Minutes and summary Rezone Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 5/10/16 City Council read into the record 8.B.ORD 16-012 Public Hearing and Action on Ordinance 16-012, an Ordinance to rezone Lot 1 of Lots 1 & 2 of Lot A of the Replat of Outlot E, Maynes Addition from a Residence R-2 District to a Planned Development District (PDD). Ordinance Notice Maps PDD process Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Page 3 City of Brookings June 14, 2016City Council Meeting Agenda Legislative History 5/10/16 City Council read into the record 8.C.ID 2016-0420 Action on Initial Development Plan for Lot 1 of Lots 1 & 2 of Lot A of the Replat of Outlot E, Maynes Addition. Planning Commission Minutes PDD site plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 8.D.ID 2016-0381 Public Hearing and Action on a temporary liquor application for the Brookings Volunteer Fire Association Street Dance to be held in the 300 Block of Main Avenue on July 16, 2016. Legal NoticeAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.E.RES 16-045 Public Hearing and Action on Resolution 16-045, a Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners, 2016-01SWR Concrete Maintenance Project. Resolution Sidewalk Replacement List Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.F.ID 2016-0377 Public Hearing and Action to adopt the Master Drainage Plan Priority List. 2016 Prioritized ListAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.ID 2016-0410 Action to appoint the Deputy Mayor. Action: Motion to Approve, Request Public Comment, Roll Call 9.B.ID 2016-0398 Discussion and Possible Action on an Agreement with Bel Brands USA. Action: Motion to Approve, Request Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Mary Kidwiler, Ope Niemeyer, Nick Wendell Page 4 City of Brookings June 14, 2016City Council Meeting Agenda Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. Page 5 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 2016-0397,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel regarding proposed or pending litigation or contractual matters. 1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor; 2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) Preparing for contract negotiations or negotiating with employees or employee representatives; 5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1. City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ 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 2016-0407,Version:1 Action to approve the May 10 and May 17 City Council Minutes. Attachments: May 10 Minutes May 17 Minutes City of Brookings Printed on 6/7/2016Page 1 of 1 powered by Legistar™ Brookings City Council May 10, 2016 (unapproved) The Brookings City Council held a meeting on Tuesday, May 10, 2016 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon (on the phone). City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. 3.A. Action to approve the agenda. 3.B. Action to approve the April 19 and April 26 City Council Minutes. Resolution 16-036. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Resolution 16-036, a Resolution Awarding the Contract on 2016-01SWR, Concrete Maintenance and Overlay Project, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-036 - Resolution Awarding Bids on Project 2016-01SWR Concrete Maintenance Project Whereas, the City of Brookings opened bids for Project 2016-01SWR, Concrete Maintenance Project on Tuesday, April 26, 2016 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the 2016-01SWR Concrete Maintenance Project: Timmons Construction Inc.: $244,463.75 and Hulstein Excavating, Inc.: $308,472.50. Now Therefore, Be It Resolved that the total low bid of $244,463.75 for Timmons Construction, Inc. be accepted. Bicycle Master Plan. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that authorizing the City Manager to enter into an agreement with Toole Design Group for the development of a Bicycle Master Plan for the City of Brookings in an amount not to exceed $90,000, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. First Reading – Ordinance 16-011. Introduction and First Reading was held on Ordinance 16-011, an Ordinance to rezone a portion of the S ½ of the NE ¼ of Section 1-T109N-R50W from an Agricultural A District to a Residence R-1C District. Public Hearing: June 14, 2016. First Reading – Ordinance 16-012. Introduction and First Reading was held on Ordinance 16-012, an Ordinance to rezone Lot 1 of Lots 1 & 2 of Lot A of the Replat of Outlot E, Maynes Addition from a Residence R-2 District to a Planned Development District. Public Hearing. June 14, 2016. Malt License Renewals.A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, that the following Annual Malt Beverage Alcohol License Renewals be approved: On-Off Sale Malt (retail):Aramark / McCrory Gardens Visitors Center, 16th St. & 22nd Ave.; Brookings Softball Assoc. (SouthBrook Softball Diamonds), 2800 22nd Ave. So.; Carpy’s Pub, 700 22nd Ave. So.; Casino 2000, 622 25th Ave.; The Children’s Museum of South Dakota, 521 4th St.; The Clothes Line Lounge, 727 Wilson Ave.; Cubby’s Sports Bar & Grill, 307 Main Ave.; Danny’s, 703 Main Ave. So.; The Depot, 919 20th St. So.; The Dixie, 1300 Main Ave. So.; EdgeBrook Golf Course, 1415 22nd Ave. So.; Gas ‘N Mor, 600 6th St.; George’s Pizza & Steakhouse, 311 Main Ave.; Guadalajara, Village Square Mall #1; Hy-Vee Food Store, 790 22nd Ave. S.; KRAVE, Inc., 1040 22nd Ave. S.; Main Street Pub, 408 Main Ave.; Old Sanctuary, 928 4th St.; Pizza Hut #2769, 418 6th St.; PNP Pub, 318 2nd St. So.; Ray’s Corner, 401 Main Ave.; New Sake, Inc., 724 22nd Ave. So.; Schoon’s PNP Pub South, 1203 Main Ave. So.; Sixth Street Diner, 615 Main Ave. So.; Skinner’s Pub, 300 Main Ave.; South Main Diner, 615 Main Ave. S.; Swiftel Center, 824 32nd Ave.; Wooden Legs Brewing Co., 309 5th St., Suite 100. Off-Sale Malt (package): BP of Brookings, Inc., 2420 6th St.; CHS (dba Zip Trip #63), 1005 6th St.; CHS (dba Zip Trip #64), 3045 LeFevre Dr.; Dakota Ram, Inc., 2515 E. 6th St.; El Tapatio, Inc., 1717 6th St.; Gas N Mor, 600 6th St.; Hy-Vee Food Store, 700 22nd Ave.; Hy-Vee Gas, 716 22nd Ave. So.; Jim’s Tap, 309 Main Ave.; Newman’s Kerr McGee, 503 6th St.; Pints & Quarts, 313 Main Ave.; Schoon’s Pump-n- Pak, 202 S. Main Ave.; Sully’s Irish Pub, 421 Main Ave.; Wal-Mart Supercenter #1538, 2233 6th St. Off-Sale Malt and Off-Sale SD Farm Wine (package): Casey’s General Store #1694, 620 8th St. So.; Casey’s General Store #2198, 122 West 6th St.; Casey’s General Store #2419, 534 22nd Ave. So. On-Off Sale Malt & On-Off Sale SD Farm Wine (retail): The Blizzard, Inc., 924 32nd Ave. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Brookings Marketplace Property. Main Motion: A motion was made by Council Member Hansen, seconded by Mayor Reed, that the City negotiate with both Lloyd Companies and Bender Midwest Development, on a terms sheet for the development of the Brookings Marketplace Property. The terms that should be included in this initial agreement should include price of the land, timeline for development, subsidies, and any incentives sought by the developer. The City and developers have until July 1, 2016 to finalize a terms sheet. Once a terms sheet has been finalized, everything should come to the City Council for review. At which time the city Council will either select one company to negotiate with on a comprehensive development agreement or will not select either and go back to the drawing board. Public Comment: Jacob Mills, Rich Helsper, Daniel Bielfeldt, Dennis Bielfeldt, John Mills, Angie Boersma, Mason Wheeler, and Andy Johnson. A (first) amendment was made by Niemeyer, seconded by Kidwiler, to include all four proposers in the main motion (Bender Midwest Development, Lloyd Companies, Mills Development Corp., VanBuskirk Companies). Second was withdrawn. Hansen seconded. A (second) amendment to the amendment was made by Council Member Kidwiler, seconded by Council Member Corbett, to include all developers, as well as Den Wil Corp., and those who have expressed interest, to create a level playing field. The motion failed by the following vote: Yes: 5 – Corbett, and Kidwiler; No: 2 - Reed, Bacon, Hansen, Wendell, and Niemeyer. On the first amendment, the motion carried by the following vote: Yes: 2 – Bacon, Kidwiler, Niemeyer, Corbett, and Hansen; No: 5 – Reed, and Wendell. On the main motion, as amended, “A motion was made by Council Member Hansen, seconded by Mayor Reed, that the City negotiate with both Lloyd Companies and Bender Midwest Development, on a terms sheet for the development of the Brookings Marketplace Property. The terms that should be included in this initial agreement should include price of the land, timeline for development, subsidies, and any incentives sought by the developer. The City and developers have until July 1, 2016 to finalize a terms sheet. Once a terms sheet has been finalized, everything should come to the City Council for review. At which time the city Council will either select one company to negotiate with on a comprehensive development agreement or will not select either and go back to the drawing board. To include all four proposers: Bender Midwest Development, Lloyd Companies, Mills Development Corp., and VanBuskirk Companies.” the motion carried by the following vote:Yes: 5 - Corbett, Niemeyer, Hansen, Kidwiler, and Bacon; No: 2 - Reed, and Wendell. Council Member Bacon left the meeting. Executive Session. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to enter into executive session at 7:56 p.m. for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business with Steve Meyer, Brookings Municipal Utilities Executive Vice-President and General Manager, City Council, City Manager, City Attorney, and City Clerk present. The motion carried by a unanimous vote. A motion was made by Council Member Corbett, seconded by Council Member Hansen, to exit executive session at 8:18 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to adjourn the meeting at 8:20 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Council May 17, 2016 (unapproved) The Brookings City Council held a Study Session on Tuesday, May 17, 2016 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Ope Niemeyer, Nick Wendell, Mary Kidwiler, and Patty Bacon. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Resolution 16-037. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that Resolution 16-037, a Resolution Awarding the Contract on 2016-08STI, Street Maintenance and Overlay Project, be approved. The motion was carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-037 - Resolution Awarding Bids on Project 2016-08STI Street Maintenance and Overlay Project Whereas, the City of Brookings opened bids for Project 2016-08STI Street Maintenance and Overlay Project on Tuesday, May 10, 2016 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bid for Project 2016-08STI Street Maintenance and Overlay project: Bowes Construction Co., Inc., Brookings, SD: $390,036.50. Now Therefore, Be It Resolved that the total low bid of $390,036.50 for Bowes Construction Co., Inc., Brookings, SD be accepted. Resolution 16-039. A motion was made by Council Member Hansen, seconded by Council Member Bacon, that Resolution 16-039, a Resolution Awarding the Contract on 2016-11STI, Airport Utility Project, be approved. The motion was carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-039 - Resolution Awarding Bids on Project 2016-11STI Airport Utility Project Whereas, the City of Brookings opened bids for Project 2016-11STI Airport Utility Project on Tuesday, May 10, 2016 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Project 2016-11STI Airport Utility Project: Prunty Construction Co., Inc.: Base Bid - $67,956.00, Alternate 1 - $21,021.00, Alternate 2 - $19,365.00, Alternate 3 - $9,333.00; Austreim Excavating: Base Bid - $63,032.68, Alternate 1 - $29,824.25, Alternate 2 – no bid, Alternate 3 - $9,180.00; Meyer Services, Inc.: Base Bid - $70,811.82, Alternate 1 - $24,869.80, Alternate 2 - $22,011.90, Alternate 3 - $4,131.00; Bowes Construction Inc.: Base Bid - $81,199.50, Alternate 1 - $24,625.50, Alternate 2 - $28,364.60, Alternate 3 - $8,415.00; Prussman Contracting: Base Bid - $81,698.25, Alternate 1 - $41,562.00, Alternate 2 – No bid, Alternate 3 - $11,566.80; Halme, Inc.: Base Bid - $82,653.00, Alternate 1 - $38,574.20, Alternate 2 - $21,020.00, Alternate 3 - $9,180.00. Now Therefore, Be It Resolved that the low Base Bid of $67,956.00 and Alternate 2 of $19,365.00 for the total amount of $87,321.00 from Prunty Construction Co., Inc. be accepted. Brookings Bicycle Advisory Committee Appointment.A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that the following Brookings Bicycle Advisory Committee appointment be approved: Mike Lockrem (term ends 1/1/2019). The motion was carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Comprehensive Master Plan Advisory Committee Appointment. A motion was made by Council Member Corbett, seconded by Council Member Kidwiler, that the following Comprehensive Master Plan Advisory Committee appointment be approved: Paul Von Fisher. The motion was carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Discussion topics included a presentation on the 2015 City of Brookings Annual Financial Report, 20th street South Interstate Access Study Update, Annual Governance and Ends Policy Review, Visioning Charrette: Council Goals, Proposed Charter for Swiftel Center Planning Task Force, and City Council Ex-Officio Reports. Executive Session. A motion was made by Council Member Corbett, seconded by Council Member Hansen, to into Executive Session at 7:12 p.m. for purposes of consulting with legal counsel regarding proposed or pending contractual matters with the City Council, City Manager, City Attorney, and City Clerk present. The motion carried by a unanimous vote. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to exit Executive Session at 7:43 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Kidwiler, seconded by Council Member Niemeyer, to adjourn the meeting at 7:44 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 2016-0340,Version:1 Action to appoint Brookings Public Arts Commission members. Summary: Mayor Reed is recommending the following for appointment to the Brookings Public Arts Commission. Recommendations: 1. Jean Jostad (term expires 1/1/2020) 2. Leah Brink (term expires 1/1/2019) 3. Trayce Meyer (term expires 1/1/2018) 4. Kate Treiber (term expires 1/1/2019) 5. Linda Purrington (term expires 1/1/2018) 6. David Merhib (term expires 1/1/2019) 7. Lynn Verschoor (term expires 1/1/2020) 8. Tim Steele (term expires 1/1/2020) 9. Jamison Lamp (term expires 1/1/2020) 10. Darla Biel (term expires 1/1/2018 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 Commission 7. Citizen-at-Large 8. Citizen-at-Large Non-voting liaisons shall include, but are not limited to, Community Development Director, City Park & Recreation Director, City Clerk, and Finance Director. Recommendation: Staff recommends approval. Attachments: Ordinance 16-006 Public Art Guidelines City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ 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 itis 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, giftStorage 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 #:ID 2016-0408,Version:1 Action to appoint Park and Recreation Board College Student Representative. Summary: Mayor Tim Reed has submitted the following appointment recommendation for City Council advice and consent: Park & Recreation Board Number of positions:1 (College Student Representative) Term Length:student position - 1 year Residency Requirement:Not required The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Mayor’s Recommendation: 1.Appoint Beau Bordewyk City of Brookings Printed on 6/7/2016Page 1 of 1 powered by Legistar™ 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 16-038,Version:2 Action on Resolution 16-038, a Resolution declaring Library equipment as surplus property. Summary: The City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Public Library: ·Four (4) Desks ·Eight (8) Computer Monitors ·Ten (10) Desk phones ·One (1) Computer Cart Background: The Public library will surplus unused desks, desk phones, computer cart and computer monitors. The surplus property has been replaced or is no longer utilized at the library. The library plans to sell the surplus property on the Public Surplus website. Fiscal Impact: The City will receive the sale value of the surplus property. 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 City of Brookings Printed on 6/7/2016Page 1 of 1 powered by Legistar™ Resolution 16-038 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the Brookings Public Library: Four (4) Desks Eight (8) Computer Monitors Ten (10) Desk phones One (1) Computer Cart 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 14th day of June, 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 16-046,Version:1 Action on Resolution 16-046, a Resolution authorizing the Mayor to Sign a Sub Grant Agreement with the South Dakota Department of Environmental and Natural Resources for Waste Tire Collection and Disposal. Summary: The Brookings Regional Landfill and the SD DENR are working together on a grant for recycling tires for the residents of Brookings and Moody Counties, eastern Kingsbury, southern Hamlin and Deuel and northern Lake County. The goal of the program is to prevent or slow the spread of the Zika virus. Tires are a large breeding area for mosquito’s which can spread the virus. Background: The Brookings Regional landfill held a tire clean up in 2010 at which time 780 tons were recycled. Fiscal Impact: The South Dakota Departmental of Environmental and Natural Resources will cover 80% of the cost for the tire clean up and the Brookings Regional Landfill would be responsible for 20% Recommendation: Staff recommends approval. Attachments: Resolution Grant Work Plan City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Resolution 16-046 A resolution Authorizing the Mayor to Sign a Sub grant Agreement with the South Dakota Department of Environmental and Natural Resources for Waste Tire Collection and Disposal Whereas, the City of Brookings has a need to collect and dispose of waste tires; and Whereas, the South Dakota Department of Environmental and Natural Resources is providing a Waste Tire Cost Sharing Grant of 80% State and 20% local match in order to provide for a waste tire clean up; and Now Therefore, Be It Resolved, that the Mayor is hereby authorized to sign the funding agreement and all other documents related to the Sub Grant Agreement from the South Dakota Department of Environmental and Natural Resources. Passed and approved this 14th day of June, 2016. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Waste Tire Grant Background: The South Dakota Department of Environment and Natural Resources is providing a waste tire grant to the City of Brookings regional landfill at their discretion in order to provide a tire clean up to help fight the spread of the Zika virus. The program is administered by the SD DENR and locally will be managed and operated by the Brookings Solid Waste Department. Contacts: Todd Langland, Solid Waste Director at 605-693-3667 and Jody Osmond Landfill Supervisor at 605-693-3667. Waste tire work plan: Time Line Tentative 1. Five weeks, 2. Starting July 1 st, 2016 Area of Tire Clean up Counties include: Brookings and Moody, eastern Kingsbury, southern Hamlin and Deuel, and northern Lake. Collection point location 1. Brookings Regional Landfill Final Disposal option to be allowed 1. Haul off Site and grind 2. Haul off site for Energy recovery if possible 3. Haul off site and grind for Disposal at Brown County Landfill Method of contractor selection: To be determined by bid process or as allowed by law Restrictions: No tires from retailers, businesses or non-residents of our service area will be accepted as part of this plan. Financial Consideration: The award is for up to $75,000 for the regional tire collection, transport and disposal. Add in cost of grant is 80/20% with City of Brookings providing the 20% match. Final disposal cost estimated to be around $ 200.00 per ton. The choices for transport as seen at this point are to contract the haul. Cost for transportation is yet to be determined. 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 16-047,Version:1 Action on Resolution 16-047, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park. Summary: The Brookings Summer Arts Festival will be held in Pioneer Park on July 9-10, 2016. The Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown. The Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as named insured. The Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Arts Festival on said premises. The use of Pioneer Park and its facilities as a public park shall terminate for the period of July 5 through July 12, 2016. During this time period the exclusive use of Pioneer Park and its facilities will be utilized for the Brookings Summer Arts Festival under the guidance of the Summer Arts Festival Committee. The Summer Arts Festival Committee shall be responsible for maintaining Pioneer Park facilities, cleaning, and returning them to the City of Brookings in good condition following the festival. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Resolution 16-047 A Resolution authorizing the Brookings Summer Arts Festival Committee to have Exclusive Use of Pioneer Park Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 9-10, 2016; and Whereas, the Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown; and Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as named insured; and Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Arts Festival on said premises. Now Therefore Be It Hereby Resolved that the use of Pioneer Park and its facilities as a public park shall terminate for the period of July 5 through July 12, 2016. Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival Committee. Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for maintaining said facilities and cleaning them and returning them to the City of Brookings in good condition following the festival. Passed and approved this 14 th day of June, 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 16-049,Version:1 Action on Resolution 16-049, a Resolution authorizing Change Order No. 1 for 2015 EdgeBrook Golf Course Drainage Improvements; Meyer Services, Inc. Summary: This resolution will approve Final Change Order No. 1 for an increase of $2,481.65 for the 2015 EdgeBrook Golf Course Drainage Improvements Contract and extend the change order deadline by an additional 15 working days to close out the project. Background: This project is the 2015 EdgeBrook Golf Course Drainage Improvements. The project consists of general grading for improved site drainage through an existing low area of the 18 hole golf course and par 3 course drainage improvements. Work includes the construction of a couple of shallow ponds, stripping of existing topsoil, regarding of stripped area, installation of new perforated drain tile, cart path additions, and the placement of salvaged topsoil. Work also includes seeding, fertilizing, mulching, installation of other erosion control measures, and irrigation adjustments. The project summary is as follows: Original Contract Price:$268,769.00 Increase from Previous Change Orders:$0.00 Contract Price Prior to this Change Order:$268,769.00 Increase of Change Order No. 1 (Final):$2,481.65 Final Contract Price:$271,250.65 This resolution will approve Change Order No. 1 (Final) in the amount of $2,481.65 and extend the change order deadline by an additional 15 working days to close out the project. Fiscal Impact: $2,481.65. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Resolution 16-049 Resolution Authorizing Change Order No. 1 for 2015 EdgeBrook Golf Course Drainage Improvements, Meyer Services, Inc. Be It Resolved by the City Council that the following change order (No.1) be allowed for 2015 EdgeBrook Golf Course Drainage Improvements Project and that the contract change order deadline be extended by an additional 15 working days: Construction Change Order Number 1: Approve Change Order Number 1 in the amount of $2,481.65 to close out the project and extend the contract change order deadline by an additional 15 working days. Passed and approved this 14th day of June, 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 16-050,Version:1 Action on Resolution 16-050, a Resolution approving Change Order No. 1 (Final) for 2016-03SSI, Division Avenue Drainage Improvement Project, Phase 3; Rounds Construction Company Inc. Summary: This resolution will approve Change Order No. 1 (Final) for 2016-03SSI, Division Avenue Drainage Improvement Project, Phase 3, to close out the project. Background: The Division Avenue Drainage Improvement Project, Phase 3, is located on the east side of Western Avenue near the Brookings Regional Airport as shown on the attached map. The project was designed by Civil Design, Inc. (CDI) and involved grading a stormwater detention pond, seeding and erosion control. This project was the third and final phase of the drainage improvements in the Division Avenue area, and was funded with the Drainage Fund budget. The project is completed and ready to be closed out. This resolution adjusts bid quantities to final actual quantities and for additional work to add fertilizer for a total increase of $505.00 to close out the project. A summary is as follows: Original Contract Price:$57,990.00 Increase from Previously Approved Change Order:$0.00 Contract Price Prior to this Change Order:$57,990.00 Increase of this Change Order (No. 1 Final):$505.00 Contract Price incorporating this Change Order:$58,495.00 This resolution will approve Change Order No. 1 for an increase of $505.00 to the contract amount to close out the project. Fiscal Impact: The construction contract will be increased by $505.00. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Resolution 16-050 Resolution Authorizing Change Order No. 1 (Final) for 2016-03SSI, Division Avenue Drainage Improvement Project – Phase 3; Rounds Construction Company Inc. Be It Resolved by the City Council that the following change order be allowed for 2016- 03SSI, Division Avenue Drainage Improvement Project – Phase 3: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities and for additional work to add fertilizing for a total increase of $505.00 to close out the project. Passed and approved this 14th day of June, 2016. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk textexttexttet e x t t ex t textt e x t textte1ST ST3RD ST S4TH ST S3RD ST5 TH A V E S 7TH A VE S 1ST ST S2ND ST4TH ST WW 2ND ST SRAILROAD STW ESTERN A VE DIV ISION A VE WESTER N A V E SFRONT STFRONT STHUGHES A VE HENRY A VEENRY A VE7TH STRAINBOW PKWY1ST A VE SFOLSOM ST1 S T A V E 2ND A VE 3 R D A V E MA IN AVE 6TH A V E6TH A VE 7TH A V E8TH A VE 4TH STM A I N A V E S WIL SO N AVE WIL SON AVE W FOLSOM STFOLSOM ST W5TH A VE 8TH ST3RD A VE S2ND ST SW U S H W Y 14W US H W Y 146TH ST8 TH AV E 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 #:RES 16-051,Version:1 Action on Resolution 16-051, a Resolution declaring Swiftel Center equipment as surplus property. Summary: The City of Brookings is the owner of the following described equipment formerly used at the Swiftel Center: ·1195 seats on retractable risers with 10 end railings. The risers are floor mounted. These seats are approximately 40 years old and they are red. ·1705 fixed seats that are vertical mount. These seats are approximately 40 years old and they are dark blue. ·127 fixed seats that are floor mounted. The seats are approximately 40 years old and the mounts are approximately 5 years old. This seating is dark blue. ·7 sections of retractable bench bleachers that are 11 rows tall complete with side railings. The understructure is wall supported and floor mounted. The seats are approximately 40 years old and they are brown. ·6 sections of retractable bench bleachers that are 10 rows tall complete with side railings. These are floor mounted and do not have a top railing. These are approximately 40 years old and are brown. Background: The surplus property has been replaced or is no longer being utilized. The surplus property will be sold on the Public Surplus website. Fiscal Impact: The City will receive the sale value of the surplus property. 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 City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Resolution 16-051 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the Swiftel Center: 1195 seats on retractable risers with 10 end railings. The risers are floor mounted. These seats are approximately 40 years old and they are red. 1705 fixed seats that are vertical mount. These seats are approximately 40 years old and they are dark blue. 127 fixed seats that are floor mounted. The seats are approximately 40 years old and the mounts are approximately 5 years old. This seating is dark blue. 7 sections of retractable bench bleachers that are 11 rows tall complete with side railings. The understructure is wall supported and floor mounted. The seats are approximately 40 years old and they are brown. 6 sections of retractable bench bleachers that are 10 rows tall complete with side railings. These are floor mounted and do not have a top railing. These are approximately 40 years old and are brown. 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 14th day of June, 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 2016-0399,Version:1 Introduction of Ashia Gustafson, Director of Library Services. Summary: The Council has requested an introduction of new Department Directors whenever we have such changes. ·Ashia Gustafson is the new Director of Library Services for the Brookings Library. Ashia started with the City in March. She and her family have moved to Brookings from Thief River Falls, MN where she was a branch library manager for a regional library system. City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ 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 2016-0411,Version:1 Mayor’s Annual State of the City Message. Summary: Mayor Reed will present his annual State of the City Message at the meeting. A copy of the report will be available after the meeting on the City of Brookings website:www.cityofbrookings.org <http://www.cityofbrookings.org> City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ 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 16-048,Version:1 Action on Resolution 16-048, a Resolution awarding the contract for the purchase of two police vehicles from Einspahr Ford. Summary: The City received a bid from Einspahr Ford for $67,622 for two Ford Utility Police Interceptor vehicles on May 24, 2016. It was the only bid received. Background: The two 2016 Ford Interceptors will replace two 2014 Ford Interceptors, which are still in the fleet and have reached their term requirement for service. Fiscal Impact: The purchase of two Ford Utility Interceptor Police Vehicles from Einspahr Ford will be in the amount of $67,622. This is under the budgeted amount of $74,000. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Resolution 16-048 Resolution Awarding Bid for Police SUV Whereas, the City of Brookings opened bids for Police Vehicles on Tuesday, May 24, 2016 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for two Police Vehicles: Einspahr Ford Brookings: $67,622 for two marked Sport Utility Vehicles (SUV). Now Therefore, Be It Resolved that the low bid of $67,622 for two Police SUV’s from Einspahr Ford be accepted. Passed and approved this 14th of June, 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 16-011,Version:2 Public Hearing and Action on Ordinance 16-011, an Ordinance to Rezone a portion of the S ½ of the NE ¼ of Section 1-T109N-R50W from an Agricultural A District to a Residence R-1C District. Proposal: Create a low-density residential zoning district for approximately 27 future lots. Background: The petitioners have rezoned the Bluegill Addition in phases as the subdivision has expanded east. The initial phase around 17th Avenue South was zoned for low and medium density zoning. The original plan was to continue with low-density zoning to the east except for land near 22nd Avenue South. The adoption of the Residence R-1C District by the city in 2011 gave developers another option for increasing the overall density within a subdivision while maintaining a detached, single- family housing concept. The Comprehensive Plan supports residential land uses for this area. Specifics: The Residence R-1C District proposal is the same zoning that was approved by the city for the Avalon Circle area. The district permits the same density as the Residence R-2 District but restricts the use to a single-family house. The majority of the lots planned for this area have 70’-75’ frontage widths along with about 110’ of depth. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the rezoning as presented. Attachments: Ordinance Notice Minutes & Summary Rezone Map City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Ordinance 16-011 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: A portion of the S ½ of the NE ¼ of Section 1-T109N-R50W be and the same is hereby rezoned and reclassified from an Agricultural A District to a Residence R- 1C 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:May 10, 2016 Second Reading and Adoption:June 14, 2016 Published:June 17, 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 PETITION TO REZONE NOTICE IS HEREBY GIVEN That Bluegill, Inc. and Joe and Janet Mendel have submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: A portion of land in the S ½ of the NE ¼ of Section 1-T109N-R50W from an Agricultural A District to a Residence R-1C District NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 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 25th day of March, 2016. ____________________________ Dan Hanson Planning & Zoning Administrator OFFICIAL MINUTES Bluegill, Inc. has submitted a petition to rezone a portion of the S1/2 of the NE1/4 of Section 1-T109N-R50W from an Agricultural A District to a Residence R-1C District. ( Heuton/Johnson) Motion to approve the rezoning. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY The proposed rezoning included the 27 lots that were proposed on the preliminary plan. The R-1C District required 50 foot frontage widths and 7,500 square foot lot area minimums. The proposed lots met those requirements. The same R-1C zoning was applied previously to the Avalon Circle area in the Bluegill 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 #:ORD 16-012,Version:2 Public Hearing and Action on Ordinance 16-012, an Ordinance to rezone Lot 1 of Lots 1 & 2 of Lot A of the Replat of Outlot E, Maynes Addition from a Residence R-2 District to a Planned Development District (PDD). Proposal: Create a PDD on a lot adjacent to the 6th St. Centre PDD in order to provide additional parking for the centre’s mixed uses Background: This property was occupied by a single-family house until 1998 when it was demolished. The owner built a two-family dwelling on the lot in March, 2000 followed by a large detached garage later that same year. Notes on Adjacent Planned Development District (PDD): The Beale Addition, abutting this parcel to the north, was zoned to a PDD in 1991. The latest planned development for this corner lot involved a mixed-use building (6th St. Centre) with business uses on the first floor and apartments on the second and third floors. The initial parking plan was sufficient for the apartments and for a mix of commercial uses with varying parking requirements. The owner had always planned to divide the first floor into 4 commercial spaces but the actual size needed for a particular enterprise was flexible. Three of the four spaces have now been leased and their minimum parking requirements were greater than anticipated. Therefore, the future use of the remaining commercial space is substantially restricted by the available on-premise parking. Specifics: The petitioner is requesting to establish a PDD on Lot 1 in order to provide additional parking for the 6th Street Centre PDD to the north. A PDD could allow for uses at the 6th St Centre to park on Lot 1. The parcel is bordered on the south and east by single-family dwellings. Please note that the petitioner owns the property to the east. The Residence R-2 District regulations are proposed in order to retain the two-family dwelling use on the property. The properties to the south and east are also under the R-2 regulations. Recommendation: Staff recommends approval. Attachments: Ordinance Notice Maps PDD Process City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Ordinance 16-012 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Lot 1 of Lots 1 & 2 of Lot A of the Replat of Outlot E, Maynes Addition be and the same is hereby rezoned and reclassified from a Residence R-2 District to a Planned Development 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:May 10, 2016 Second Reading and Adoption:June 14, 2016 Published:June 17, 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 PETITION TO REZONE NOTICE IS HEREBY GIVEN That Brian and Carla Gatzke have submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: Lot 1, of the Plat of Lots 1 & 2, of a portion of Lot A of the Replat of Outlot E, Maynes Addition from a Residence R-2 District to a Planned Development District NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, May 3, 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 22nd day of April, 2016. ____________________________ Dan Hanson Planning & Zoning Administrator PDD decision making process for PC Step 1. REZONING APPLICATION A rezoning request to a PDD must be accompanied by an Initial Development Plan (IDP). The plan must indicate the type of anticipated use(s) and the conventional zoning district regulations from one or more districts that would apply to the project. The district regulations (land uses, setbacks, parking, etc.) proposed by the petitioner are then set out in the IDP. The commission should first determine that the proposal meets the intent of the PDD and then proceed to recommend approval or denial of the PDD based on a standard review of the impact of the rezoning on neighboring lands and conformance with the Comprehensive Plan. While the process has some overlapping steps, acting on the rezoning should be the first consideration. The commission also has the authority to recommend a rezoning to a conventional zoning district. Step 2. DISTRICT USE(S) AND AREA REGULATION APPROVAL If the area is recommended for rezoning to a PDD, the commission is then tasked with reviewing the district uses and area regulations that have been offered by the petitioner to see if they are appropriate for the uses proposed. Many uses are allowed in more than one district but the area regulations are often different. It is important to reach a consensus among the commission and the petitioner regarding the appropriate district to be used and what use or uses are considered compatible with the surrounding properties. There may be permitted uses within the proposed district that would be inappropriate given the site location and these uses should be addressed in this step. Step 3. INITIAL DEVELOPMENT PLAN APPROVAL (IDP) Once the district uses and regulations have been finalized, the IDP must be reviewed for compliance to the district regulations. This would involve building setbacks, height, and design, parking spaces, driveways, landscaping, screening, and other site design details presented on the plan. This step gives the commission the greatest degree of flexibility in the approval or modification of one or more elements of the IDP and should be discussed in depth. Step 4. FINAL DEVELOPMENT PLAN APPROVAL (FDP) An FDP may be submitted concurrently with an IDP or at a subsequent meeting. Typically, the FDP has more detail but is very similar to the IDP. However, any modifications to the approved IDP must be reviewed and approved. The Commission has sole authority to approve the FDP. 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 2016-0420,Version:1 Action on Initial Development Plan for Lot 1 of Lots 1 & 2 of Lot A of the Replat of Outlot E, Maynes Addition. Summary: A rezoning to a PDD, as submitted in Ordinance 16-012, must be accompanied by an Initial Development Plan (IDP). Background: The applicant is proposing to retain a two-family dwelling use on a lot and provide additional parking for the 6th Street Centre mixed-use development (PDD). The proposal involves the following: ·The Residence R-2 District regulations would apply to all principal uses. ·The detached garage would be removed. ·The surfacing on the lot would be expanded by approximately 1,700 square feet and the area would be designed to accommodate 16 parking spaces. Six spaces would be reserved for the two-family dwelling and ten spaces would be allocated for uses at the 6th Street Centre. ·A new approach and entrance walk would be constructed. ·Additional trees would be planted as shown on the site plan. ·A privacy fence would be erected along the south property line. ·The building would be resided with LP siding or equivalent and match the color scheme of the 6th Street Center by the Fall of 2019. Recommendation: Planning Commission voted 8-0 to recommend approval of the Initial Development Plan. Attachments: Planning Commission Minutes PDD site plan City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Excerpt of May 3, 2016 Planning Commission Minutes Official Minutes Item #6a – Brian and Carla Gatzke have submitted an Initial and Final Development Plan within a Planned Development District on Lot 1, of the Plat of Lots 1 & 2, of a portion of Lot A of the Replat of Outlot E, Maynes Addition. (Fargen/Lum) Motion to approve the Initial and Final Development Plan as presented. All present voted aye. MOTION CARRIED. Summary of Discussion Item #5 – Hanson stated that the request was adjacent to the 6th St. Centre PDD at the corner of 6th Street and 13th Avenue. If rezoned, the lot would be used to supplement parking for uses at the 6th Street Centre. He added that the current use of the lot for a two-family dwelling would remain the same and the petitioner was requesting that the Residence R-2 District regulations be applied as the development standards for the lot. Adjacent land uses included single-family homes to the south and east. It was noted that the petitioner owned two of the three abutting residential properties. Gregg asked if a separate entrance was planned for this parcel. Gatzke replied yes. Fargen inquired if the retaining wall would remain between the 6th St. Centre and the lot. Gatzke replied yes. Tornquist asked about the status of the adjoining properties. Gatzke responded that he had converted his property at 1309 5th Street from a duplex to a single-family dwelling and his property at 1315 5th Street from a tri-plex to a single-family dwelling. The corner house was owned by another party but he had discussed landscaping and fencing options along the common lot line with the owner. Heuton supported the rezoning and felt it was an appropriate extension of the 6th St. Centre PDD that abutted the parcel to the north. Gregg concurred with Heuton and felt the proposed plan would complement the adjacent PDD. 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 2016-0381,Version:1 Public Hearing and Action on a temporary liquor application for the Brookings Volunteer Fire Association Street Dance to be held in the 300 Block of Main Avenue on July 16, 2016. Summary: The Brookings Volunteer Fire Association has applied for a temporary liquor license for a street dance to be held in the 300 Block of Main Avenue on July 16, 2016. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Legal Notice City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, June 14, 2016, in the Brookings City & County Government Center, 520 Third Street, to consider an application for a temporary liquor license to operate within the City of Brookings, South Dakota for the Brookings Volunteer Firefighter’s Association Annual Fireman’s Dance to be held on July 16 in the 300 block of Main Avenue. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 3rd day of June, 2016. Shari Thornes, City Clerk Published time(s) at an approximate cost: $. 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 16-045,Version:1 Public Hearing and Action on Resolution 16-045, a Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners, 2016-01SWR Concrete Maintenance Project. Summary: This resolution will authorize the City to proceed with the sidewalk repairs and assessment project. Background: This project includes replacement of existing sidewalks that are in need of repair or have trip hazards from the 2015 sidewalk area which is east of Medary Avenue South and south of Orchard Drive and the 2016 sidewalk area which is east of Medary Avenue South and between 6th Street and Orchard Drive. This project was bid and awarded to Timmons Construction Inc. This resolution is the first step in starting the assessment project for the sidewalk repairs. The City mailed letters to the property owners giving them the option of repairing the sidewalks themselves or to be added to the City repair project. The properties included in this project are the sidewalks that were not completed by the property owners from the 2015 project area, and the property owners who volunteered to be on the project in the 2016 project area. The property owners are shown on the attached list. The contract prices for the project, including the 6% engineering and administration fee are: ·Remove 4” thick Sidewalk:$2.92 per square foot ·Install 4” thick Sidewalk:$7.16 per square foot ·Adjust Curb Stop (if needed):$185.50 per each Each property owner was mailed a notice of the public hearing by receipt certified mail. The City Engineering staff received a few calls from citizens who already repair their sidewalk and their names have been removed from the repair list. This resolution will authorize the City’s contractor to proceed with construction of the sidewalk assessment project. Fiscal Impact: The City will assess the cost of the sidewalk repairs when the assessment is levied. Recommendation: Staff recommends approval. Attachments: Resolution Sidewalk Replacement List City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ Resolution 16-045 Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the expense of abutting property owners; 2016-01SWR Concrete Maintenance Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2016-01SWR Concrete Maintenance Project. 2. Such sidewalks shall be installed to the width and of the materials prescribed by Chapter 74, “Streets, Sidewalks and other Public Places” and Article V. “Sidewalks”, and to the grade and in accordance with the Plans and Specifications prepared in the office of the City Engineer. 3. The method of apportionment of benefits is as follows: Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Section 9-43-102, South Dakota Compiled Laws of 1967, as amended, with interest of 10% on the unpaid balance. Assessments amounting to less than $300.00 shall be paid in one payment. 3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Passed and approved this 14th day of June, 2016. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 2016-01SWR SIDEWALK June 6, 2016 REPLACEMENT SITES Remove Install 105 Gilley Ave S Vernon & Cathrene Voelzke Yes 150.0 150.0 109 12th Ave Brash LLC Yes 75.0 75.0 110 16th Ave Joseph & Mary Schulte No 25.0 25.0 114 Gilley Ave S Robert & Donna Flint Yes 50.0 50.0 120 17th Ave Alan & Diana Sanderson Yes 50.0 50.0 122 12th Ave Robert & Mary Deblonk Yes 50.0 50.0 125 Gilley Ave S Michele Sage No 75.0 75.0 131 Gilley Ave S Glen Gehring Yes 150.0 150.0 131 Jefferson Ave Diego & Camila Diel Yes 125.0 125.0 211 12th Ave Jayne Longhurst No 75.0 75.0 215 Lincoln Ln S David Roe No 75.0 75.0 215 Medary Ave S Richard Howey No 50 50 300 Medary Ave S Channel Properties No 50 50 301 Birch Ave Matthew Douglas No 25 25 305 Lincoln Ln S Todd Loban Yes 100.0 100.0 312 State Ave Trevor Radtke Yes 75.0 75.0 317 18th Ave S Virgil & Georgan Ellerbruch Trust No 50.0 50.0 326 17th Ave Larry & Janice Fjeldos Yes 50.0 50.0 327 18th Ave S Matthew & Jamie Tonjum Yes 25.0 25.0 343 Lincoln Ln S Timothy Ruggles Liv Trust Yes 50.0 50.0 356 21st Ave S Roger & Lois Teal Yes 75.0 75.0 408 21st Ave Joseph & Christine Santos Yes 50.0 50.0 409 Elm Ave Rick Schafer Yes 75 75 424 State Ave Lynnette Iden Yes 125.0 125.0 434 Dakota Ave Douglas & Mary Malo Yes 50.0 50.0 518 17th Ave S Anthony Carlson No 50 50 530 17th Ave S Steven Ust Yes 25 25 613 Elm Ave Tim Veldkamp No 25 25 629 Heritage Dr Adee Properties LTD Partner No 25 25 644 Park Ave Dennis Jones No 25 25 645 Park Ave David A Strom No 50 50 708 Park Ave Richard Helpser Yes 50 50 950 22nd Ave S First Vision Group LCC No 25 25 Property Address Property Owner Tree Root Grinding Needed 4" PCC (sq ft) 2016-01SWR SIDEWALK June 6, 2016 REPLACEMENT SITES Remove Install Property Address Property Owner Tree Root Grinding Needed 4" PCC (sq ft) 1010 Forest St Den - Wil Investments Inc No 25 25 1011 Horner Avenue Wood Family Trust Yes 25 25 1020 Castlewood Dr TB Partnership No 25 25 1023 Yosemite Ln Philip McDaniel Yes 75 75 1029 Yosemite Ln Richard E Turner No 25 25 1033 Castlewood Dr Aaron Hovelson Yes 25 25 1037 10th St S Kathleen Peterson No 75 75 1102 2nd St John & Leah Walker Yes 75 75 1105 12th St S Andrea Gullickson Yes 75 75 1115 12th St S Larry Sax No 25 25 1227 4th St Lance & Penny Malenke No 75 75 1305 12th St S Larry Knox Yes 25 25 1314 Westminster Dr Scott Minor No 25 25 1315 Forest St Jill Burke Yes 25 25 1319 5th St KK4 LLC No 50 50 1332 4th St Christopher & Debra Stover Yes 50 50 1333 Orchard Dr Joseph Fishbaugher No 75 75 1341 Westminster Dr Marilyn Haugen No 50 50 1345 2nd St Winston Woolpert Revoc Trust Yes 150 150 1400 Yosemite Ln Lorie Cuperus No 25 25 1403 Orchard Dr Kent Miller No 75 75 1405 2nd St Colburn Family Rev Liv Trust Yes 150 150 1414 Yellowstone Dr Christine Larson No 25 25 1424 Wisconsin St Billie Jo McFarland Yes 50 50 1431 Orchard Dr Boyd Meyer No 25 25 1443 Wisconsin St Henry & Dianne Kayongo-Male Yes 200 200 1509 Orchard Dr Shawn Erp Yes 25 25 1523 King Arthur Ct Danielle Rinehart No 50 50 1531 King Arthur Ct Randy Franklin No 75 75 1539 King Arthur Ct John Stuart No 25 25 1605 12th St S Roger Brown Yes 25 25 1609 Derdall Dr Carlton & Dianne Hoff Yes 50 50 1613 1st St David Cartrette Yes 50 50 2016-01SWR SIDEWALK June 6, 2016 REPLACEMENT SITES Remove Install Property Address Property Owner Tree Root Grinding Needed 4" PCC (sq ft) 1623 Cardinal Dr Lance & Ashley Gladis Yes 25 25 1625 Olwien St Jane Pirlet Yes 25 25 1633 Elmwood Dr Keith & Karen Skogstad Yes 75 75 1705 Derdall Dr Dustin Gibbons & Lisa Krogstad Yes 20 20 1714 Elmwood Dr Edward & Joan Hogan No 50 50 1725 Olwien St Delores Kospel No 100 100 1734 Orchard Dr Casey McCausland Yes 50 50 1811 Elmwood Dr Wayne & Karen Vanderwal Yes 100 100 1813 Santee Trail Scott Gjertson Yes 50 50 1817 Elmwood Dr Brent Thor & Danica Vetos Yes 50 50 1911 Elmwood Dr George & Wanda West Yes 75 75 1918 Derdall Dr Marian Voelker No 50 50 1926 Morningside Dr Christopher & Kathy Gross Yes 75 75 2004 Olwien St Donald & Naomi Boone Yes 100 100 2005 Iowa St Larry & Barbara Hull Yes 75 125 2010 Olwien St Donna Arter Yes 125 25 2013 Morningside Dr Kenneth & Barbara Ahartz No 50 50 2017 Elmwood Dr George & Dianne Rieken Yes 100 100 2024 1st St Leonard & Norita Henneman Trust No 50 50 2024 Olwien St Christopher & Kristin Helsmeyer Yes 225 225 2030 3rd St Ascension Lutheran Church Yes 375 375 2049 1st St Howard & Cheryl Jorenby Yes 50 50 2049 Olwien St Ivan Palmer Yes 50 50 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 2016-0377,Version:1 Public Hearing and Action to adopt the Master Drainage Plan Priority List. Summary: This motion will adopt the Master Drainage Plan Priority List. Background: The City of Brookings adopted the City of Brookings Master Drainage Plan (MDP) in 2008. The Master Drainage Plan included 12 specific study areas, 34 subwatershed areas, hydrological SWMM model data, and cost estimates for the projects. The MDP Plan serves two purposes: 1.Identifying improvements for existing drainage conditions throughout the City of Brookings and future growth areas; and 2.Providing supplemental SWMM model data which may be used by consultants for drainage analysis of existing and future developments. The City Council held discussions and gathered public input regarding the 12 specific study areas. Each area was analyzed for its adequacy to accommodate both a 5 year and 100 year storm event. Improvements for each of the 12 areas were recommended as well as an approximate cost of each improvement. After the City Council adopted the MDP, discussions were held to prioritize the order of the projects. Input was gathered local from residents, developers, and consultants and a “Project Ranking System” was adopted by the City Council to use as a tool to prioritize and rank the drainage projects. The first prioritized list of projects was adopted in 2009. Since many of the drainage improvement projects are naturally interrelated, it was the intent to continue to reprioritize the list as projects are completed. The first project was completed in 2009 at Garden Square on 8 th Street. Due to the high costs of certain projects, it was decided that if a project could feasibly be broken up and “phased” into smaller projects, this would provide the most amount of benefit to the whole City in a shorter timeframe. These ‘phased’ projects were reintroduced into the prioritization formula as separate projects. By doing so, it allowed a wider coverage, versus focusing drainage funds on one specific area at a time. The projects completed to date are: ·Garden Square Drainage Improvement ·Southland Lane/17th Avenue Phase 1 (detention pond) ·Pheasant Nest Phase 1 (detention pond) ·Camelot Drainage Improvement Phase 1 (piping in Christine Ave.) ·20th Street South and Medary Avenue Phase 1 (North Nelson Detention Pond) ·20th Street South and Medary Avenue Phase 2 (additional pipe under 20th St S.) ·Division Avenue Phase 1, 2 and 3 (2nd St. So. detention pond, concrete valley gutter and Western Avenue detention pond) ·6th Street Drainage Improvement Corridor Phase 1 (Main Ave. to Western Ave.) City of Brookings Printed on 6/9/2016Page 1 of 4 powered by Legistar™ File #:ID 2016-0377,Version:1 Neighborhood Projects In addition to the Master Drainage Plan projects, the City has also worked on smaller drainage improvement projects known as “Neighborhood Projects.” These projects focused on areas of concern that were smaller in scope than the intent of the MDP, and they are generally selected based on citizen input and observations. The following neighborhood projects have been completed or are under construction: ·15th Street South, from 17th Avenue South to the east: Storm sewer inlets and pipe ·Copper Mountain Circle: Storm sewer inlet and pipe ·Rotary Park Drainage Improvement Project: detention pond, grading & landscaping ·Minnesota Drive and 22nd Avenue: Storm sewer inlet and pipe ·Minnesota Drive and State Street area: Storm sewer inlets and pipe ·Derdall Drive, east of 17th Avenue South: Storm sewer inlets, pipe and valley gutter to the tracks The 12 projects originally identified in the MDP were selected based on citizen input prior to 2008. This was never intended to be a limit; but rather, new projects can be added to the list as new problem areas are discovered. In 2015, the Council approved the latest prioritization list. That list consisted of many of the previous projects broken up into phases, with the addition of the 5th Avenue project and the State Avenue watershed. The completed projects were removed from the list. Storm Drainage Fund Cash Flow The Storm Drainage Fund has paid for all of the drainage projects. The neighborhood and smaller projects have been paid out of the fund balance. The larger projects have received SRF loans through DENR which have been at 3% interest over 20 years. The current annual loan payments are approximately $102,000 in principal and $94,000 in interest. The advantage of constructing only one large project per year is we can manage the project payments and budgeting. In addition, DENR requires a detailed cash flow analysis with reserve funds for SRF loan applications, which is easier to predict when the large projects are spread out. The last increase in the drainage fee was in 2009 and the City Council may want to consider raising the drainage fee incrementally to fund the upcoming projects. Project Ranking System: The ranking of the projects is based on a series of different criteria which are applied to a formula. The criteria are as follows: ·Potential Environmental Impact ·Number of Buildings Affected ·Occupant Evacuation ·Property Damage ·Traffic Impact ·Location in Basin ·Cost Versus Budget ·Reduced Maintenance Issues ·Infrastructure Age ·Citizen Safety Each criterion has a certain “weighting factor” assigned to it related to the importance of the specific City of Brookings Printed on 6/9/2016Page 2 of 4 powered by Legistar™ File #:ID 2016-0377,Version:1 criterion. For instance, “Citizen Safety” has a very high weight factor. In order to maintain consistency each time the projects are reprioritized, these weight factors never change. For each project on the list, a rating of 0 to 5 is assigned in each category above. The rating is multiplied by the weight factor. Then the weighted ratings are summed up to produce a total score for each project. The City Council adopted the ranking rubric and weighting factors in 2009 prior to any projects being ranked in the rubric. The estimated costs for each project are based on the cost of the whole project, not just the drainage portion of the project. For instance, installing a storm sewer may involve reconstructing an entire street which costs more than the storm sewer. The total cost is taken into consideration when prioritizing because the storm sewer and the street are codependent and cannot be separated; although the City may pay for the project from two separate budgets. It was the City’s intent to reprioritize the project list approximately every three years because, in addition to new projects, the completion of other projects can affect the score of the remaining projects. For example, construction of a detention pond in one part of the city could reduce peak storm flows into another; thereby reducing the urgency of storm sewer improvements downstream. City Engineering staff has examined each of the completed projects and their effects in their respective watersheds. The Latest Prioritization List: The 2016 MDP project list includes all previously uncompleted projects; plus two new projects. The new projects are: 1.SDSU University Blvd drainage improvement - this is a replacement of the existing culverts under University Blvd (formerly11th Street) on the east side of campus. The culverts are aging and do not have adequate capacity. This project will reduce flooding on and upstream of University Blvd by allowing the 100yr storm flow to safely pass under the street. The previous prioritized list included the SDSU Regional Detention Pond. The SDSU watershed model was studied and staff recommends a cost share of the regional pond at 50% City/50% SDSU. The regional pond benefits the lower Six Mile Creek watershed by reducing sediment loads and peak flows into the creek. The cost shown on the prioritized list is 50% of the construction costs for the pond. 2.The City received a request to construct Medary Avenue and the watershed was further broken up into phases so that it could be analyzed in greater detail. One of the new phases added to the priority list is the reconstruction of Medary Ave. from 20th Street South to the south end of the soccer complex in order accommodate development on the east side of Prairie Hills Addition. The drainage portion of this phase requires moving the water from the west side of Medary Ave. to the east and constructing a detention pond to compensate for this additional flow. Due to extremely poor soil conditions, the street itself requires major reconstruction, thus accounting for the majority of the project cost. This is actually a street construction project, but since drainage is codependent, it was added to the drainage prioritization list. It is important to understand the drainage priority list prioritizes projects as they relate to drainage necessity, not street necessity. If street necessity outweighs the drainage necessity, then the City Council may approve the project regardless of its drainage ranking, as is the case with the 15th Street South and 7th Avenue drainage improvement City of Brookings Printed on 6/9/2016Page 3 of 4 powered by Legistar™ File #:ID 2016-0377,Version:1 project. The drainage components of the street project may be paid for out of the drainage budget in those cases. The current project ranking list is attached. Jackie Lanning, City Engineer and Thad Drietz, Assistant City Engineer will be available to facilitate the discussion regarding the updated ranking chart development. Fiscal Impact: The City will budget the drainage projects according to the drainage priority list and in coordination with related street projects. Recommendation: Staff recommends approval. Attachments: Master Drainage Plan Priority List City of Brookings Printed on 6/9/2016Page 4 of 4 powered by Legistar™ Ranking Results 06/03/16 5yr Storm 100yr Storm Rank Project Score Cost Cost 1 LeFevre Drive Storm Sewer 22.10 $240,000 $330,000 2 5th Ave Drainage Improvement Ph-1 (4th St to 6th St) 22.10 $900,000 n/a 3 SDSU 11th Street Culvert Crossing (C4) 21.40 $250,000 4 State Ave Watershed Improvement Ph-2 (8th St & 20th Ave piping)20.30 $570,000 $870,000 5 6th Ave Viaduct Flood Warning System (inlet reconstruction)20.10 $120,000 n/a 6 State Ave Watershed Improvement Ph-1 (Jefferson piping)19.30 $750,000 n/a 7 Camelot Ph-2 (Parkway Blvd) 19.00 $1,100,000 $2,600,000 8 State Ave Watershed Improvement Ph-4 (Village Square-Brickwood Plaza)18.40 $3,880,000 $5,510,000 9 State Ave Watershed Improvement Ph-3 (Faculty Dr piping)17.70 $813,000 n/a 10 Medary Ave & Intersections of 1st St and 2nd St - Watershed Improvement 17.40 $8,000,000 n/a 11 17th Ave S and Pebble Beach Dr (downstream) 17.10 $480,000 $1,200,000 12 Camelot Ph-3 (Hammond & Horner) 17.00 completed w/ Ph-1 $3,100,000 13 Medary Ave Ph-3 (32nd St detention & channeling) 16.90 $2,400,000 14 Medary Ave Ph-4 (20th St Culverts)16.60 $950,000 $1,300,000 15 SDSU Regional Detention Pond & Channeling (B1- C1)16.20 n/a $150,000 16 17th Ave S and Sawgrass Dr (Southland Ph-2 piping south)16.00 completed w/ Ph-1 $1,400,000 17 West 20th Street South (with street project) 15.00 $2,500,000 $2,900,000 18 Medary Ave Ph-6 (county channeling) 14.60 $2,200,000 19 State Ave Watershed Improvement Ph-5 (Olwein piping)14.50 $160,000 n/a 20 Southland Lane & 12th Street South (Ph-3 piping north)13.50 completed w/ Ph-1 $1,250,000 21 5th Ave Drainage Improvement Ph-2 (Viaduct to 4th St)13.50 $1,400,000 n/a 22 15th St S & 7th Ave (Pheasants Nest Ph-2 ditch/piping w/street project)13.00 $2,243,431 $4,962,629 23 Medary Ave Ph-5 (Medary cross-over culvert)10.00 $1,200,000 ph-5 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 2016-0410,Version:1 Action to appoint the Deputy Mayor. Summary: The City Charter requires the City Council to annually appoint a Deputy Mayor. The Deputy Mayor’s duties are to conduct City Council Meetings in the absence of the Mayor and to conduct ceremonial duties when the Mayor is not available. This is a one-year term ending June 1, 2017. Council Member Keith Corbett is the current Deputy Mayor. City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™ 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 2016-0398,Version:1 Discussion and Possible Action on an Agreement with Bel Brands USA. Summary: The City of Brookings and Bel Brands have reached a compromise concerning the Wastewater Pretreatment Facility the City constructed to treat industrial wastewater from the Bel Brands cheese processing facility. The Wastewater Pretreatment Facility is an essential component of cheese processing, and was one of the most significant incentives necessary to convince Bel Brands to locate its manufacturing facility in Brookings. While Bel Brands has been able to operate at full capacity for the past year and a half, the Wastewater Pretreatment Facility has required additional equipment to pre-treat its industrial wastewater. In particular, a large piece of equipment commonly referred to as an Oxidizer was deemed necessary to properly treat the wastewater, and this equipment is now in operation and has proven to be the solution to address Bel Brands’ current industrial wastewater levels, as well as potential increases in wastewater volumes that may occur as a result of increased cheese production. The City of Brookings and Bel Brands have been in negotiations for a lengthy period concerning the complex issue of a proper allocation of each party’s costs associated with the Pretreatment Facility upgrades. Briefly, the City’s design and construction did not originally include an Oxidizer, however both the City and Bel Brands have determined the actual operations and production levels have made the oxidizer a necessity. An Agreement with Bel Brands would provide that the Oxidizer is a necessary upgrade to the Wastewater Pretreatment Facility, and the City will therefore reimburse Bel for the cost of the Oxidizer. Bel Brands, in turn, agrees to assume ownership and responsibility for both the Wastewater Pretreatment Facility and the Oxidizer once final construction punchlist items have been completed. The benefit of the Oxidizer will be to provide the City with desirable levels of long-term pretreatment of the industrial wastewater and will further strengthen Bel’s ability to produce its cheese products for many years to come. City of Brookings Printed on 6/9/2016Page 1 of 1 powered by Legistar™