HomeMy WebLinkAbout2015_01_27 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
Council Chambers6:00 PMTuesday, January 27, 2015
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion, unless a member of
the Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
3.A. Action to approve the agenda.
3.B.ID 2015-0033 Action on appointment to the Park & Recreation Board.
3.C.ID 2015-0071 Action on Abatement of Parcel Number 06980-11050-272-10, in the NW
¼ of Section 27-110N-50W, Brookings County.
Lacher abatementAttachments:
3.D.ID 2015-0075 Action to authorize the City Clerk to proceed with a Vote Center Election
for the Joint City/School April 14, 2015 Election.
3.E.RES 15-009 Action to approve Resolution 15-009, a Resolution Directing Preparation
of Assessment Roll, Dividing Assessment into Installments, and
Providing for the Collection thereof for Sidewalk Assessment Project
Page 1 City of Brookings
January 27, 2015City Council Meeting Agenda
2014-01SWR (2014 Sidewalk Repairs).
ResolutionAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
5.B.ID 2015-0037 Presentation of annual Dr. Martin Luther King, Jr. Day Awards by the
Mayor and the Human Rights Committee.
Poster Grade K-2 - 1st Place - Anika Hooda
Poster Grade K-2 - 2nd Place - Ernest Ting
Poster Grade K-2 - 3rd Place - Madison Murray
Poster Grade K-2 - Honorable Mention - Istabrag Hamad
Poster Grade K-2 - Honorable Mention - Sloane Mix
Poster Grade 3 - 1st Place - Taylor O'Neil
Poster Grade 3 - 2nd Place - Nathan Smith
Poster Grade 3 - 3rd Place - Peytan Schumacher
Poster Grade 3 - Honorable Mention - Madison Schelske
Poster Grade 4-5 - 1st Place - Tie - Aditya Tummala
Poster Grade 4-5 - 1st Place - Tie - Tristina Ting
Poster Grade 4-5 - 2nd Place - Claire Einspahr
Poster Grade 4-5 - Honorable Mention - Hannah Carter
Poster Grade 4-5 - Honorable Mention - Hannah Sebring
Essay Middle School - 1st Place - Tie - Isha Hooda
Essay Middle School - 1st Place - Tie - Jacob Johnson
Essay High School - 1st Place - Dhwani Kharel
Essay High School - 2nd Place - Kashfia Rahman
Essay High School - 3rd Place - Tie - Oscar Kavanagh
Essay High School - 3rd Place - Tie - Rachel Smart
Essay High School - Honorable Mention - Kia Witt
Attachments:
5.C. SDSU Student Association Report.
5.D.ID 2015-0060 Board of Equalization Process Review from Brookings County Director
of Equalization Joyce Dragseth
Page 2 City of Brookings
January 27, 2015City Council Meeting Agenda
Appeal Process GuideAttachments:
5.E.ID 2015-0034 Chamber of Commerce Report
6. Contracts/Change Orders:
6.A.RES 15-010 Action on Resolution 15-010, a Resolution Awarding Bids on
2015-04STI, 26th Street South and Main Avenue South Traffic Signal
Project.
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 14-029 Public Hearing and action on Ordinance 14-029, an Ordinance Revising
Division 3 of Chapter 82 of the Code of Ordinances of the City of
Brookings and Pertaining to Speed Zones on Main Avenue South in the
City of Brookings.
Ordinance - strikeout
Ordinance - clean
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
12/9/14 City Council read into the record
8.B.ORD 15-001 Public hearing and action on Ordinance 15-001, an Ordinance on a
petition to rezone Lot 11, Block 10, Moriarty Fourth Addition from a
Residence R-1B District to a Residence R-1C District.
Ordinance
Rezoning Notice
Planning Commission Minutes & Summary
Rezone Map
Aerial Map
Residence R-1C Regulations
Location Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.C.RES 14-113 TABLED ITEM: Public hearing and action to approve Resolution
14-113, a Resolution authorizing the placement of 4-Way Stop Signs at
the Intersection of 32nd Street South and Main Avenue South.
Page 3 City of Brookings
January 27, 2015City Council Meeting Agenda
Resolution 14-113
Map - stop sign placement
Traffic study memo 1/27/15
Traffic study map 1/27/15
Resident responses 1/27/15
Attachments:
Action: Remove from Table, Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
12/9/14 City Council tabled to a date specific
8.D.ID 2015-0054 Report on Traffic Study of 32nd Street South and 22nd Avenue South.
8.E.RES 15-007 Public hearing and action on Resolution 15-007, a Resolution of Intent
of the City of Brookings to Lease Real Property to Civil Air Patrol, Inc.
ResolutionAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.RES 15-008 Action on Resolution 15-008, a Resolution Rescinding Resolution
116-89 and pertaining to a Petition To Vacate a street located North of
Eighth Street and adjacent to property formerly platted as Block One (1),
University Addition to the City of Brookings.
Resolution 15-008
Resolution 116-89 - Right-of-Way Vacation
Map for Resolution 116-89
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
11. Adjourn.
Brookings City Council:
Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member
Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Dan Hansen, Ope Niemeyer
Council Staff:
Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City
Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative
formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari
Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting.
Page 4 City of Brookings
January 27, 2015City Council Meeting Agenda
Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community
decision makers and other residents. Where these ideas overlap is the future of Brookings.
www.engagebrookings.org
Page 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 2015-0033,Version:1
Action on appointment to the Park & Recreation Board.
Summary:
The Mayor is recommending the appointment of Ben Bordewyk to the Park & Recreation Board, High
School Student Representative. Terms: 1/1/2015-5/1/2015
Park & Recreation Board
Term:1 year
Residency:Not required
The Park & Recreation Board provides advice to the Director of the 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.
Recommendation:
Approve
Attachments:
None
City of Brookings Printed on 1/22/2015Page 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 2015-0071,Version:1
Action on Abatement of Parcel Number 06980-11050-272-10, in the NW ¼ of Section 27-110N-50W,
Brookings County.
Summary:
This motion will authorize Brookings County to abate a portion of property taxes for Parcel No. 06980
-11050-272-10.
Background:
The City purchased 6.7 acres of property from Robert Joseph Lacher and Jean Stahlin Lacher on
April 23, 2013 for the airport project. Mr. and Mrs. Lacher paid the property taxes to Brookings
County for the time period from January 1 through April 23, 2013. This motion will abate $161.91 of
property taxes for the time period of April 23rd to December 31, 2013 when the lot was owned by the
City of Brookings.
Fiscal Impact:
There will be a $161.91 decrease in the property tax revenue for Brookings County for Parcel No.
06980-11050-272-10.
Recommendation:
Recommend approval of the motion.
Attachments:
Lacher Abatement
City of Brookings Printed on 1/22/2015Page 1 of 1
powered by Legistar™
Brookings City Clerk
Property Tax Abatement and Refunds
South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal
corporation shall be abated or refunded without the approval of the governing body of said Municipal
Corporation, duly filed with said application.
In any case where the concurrence of a municipality in the granting of any abatement of refund is
required, the action of the municipality shall be certified to and filed with the county auditor of the
county within thirty days after an application for such concurrence shall have been filed with the clerk or
the presiding officer of the governing body of such municipality, and if not so filed with said county
auditor within such time, the municipality shall be deemed to have concurred in granting the application.
Application: Robert Joseph Lacher and Jean Stahlin Lacher
Year: 2013
Abatement Amount: $161.91
Address: 127 W. 16th Avenue South
Legal Description: Parcel #06980-11050-272-10, Sublot “B” One (B1) in the SW ¼
of the NW1/4 of Section 27-T110N-R50W
I hereby certify that on January 27, 2015, the following attached application for abatement or refund of
taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings,
South Dakota.
Such action is recorded in the official minutes of said municipality, dated January 27, 2015, and reads as
follows:
“A motion was made by CM __________, seconded by CM __________, to approve an abatement
request received from the City of Brookings to abate a portion of the 2013 property taxes in the
amount of $161.91 for 127 W. 16th Avenue South, Parcel #06980-11050-272-10, Sublot “B” One (B1) in
the SW1/4 of the NW1/4 of Section 27-110N-50W. All present voted yes; motion carried.”
Signed by: ______________________________
Shari Thornes, City Clerk
City of Brookings, Brookings, SD
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2015-0075,Version:1
Action to authorize the City Clerk to proceed with a Vote Center Election for the Joint City/School
April 14, 2015 Election.
Summary:
City, County and School election officials plan to operate the April 14, 2015 Joint City/School Election
as a Voting Center Election. Vote Centers replace precinct-based voting allowing residents to cast
ballots at any voting location within the City. It offers voters more flexibility and convenience. Voters
may choose to vote near their home, workplace, or anywhere else they find convenient. Vote
Centers also provide cost savings because fewer locations are needed. There will be three, rather
than six, precincts within city limits for the April 14th joint election.
The Secretary of State’s Office will provide the equipment and staff to assist at the poll worker
election school and on election night.
The City Clerk is required to submit a Vote Center Plan to the Secretary of State’s Office. Council
concurrence of the Vote Center system is required. Staff recommends the Council adopt the
following motion:“The Brookings City Council authorizes the City Clerk to proceed with plans to
operate the proposed April 14, 2015, Joint City/School Election as a “Voting Center Election” rather
than a “Voting Precinct Election.”
Recommendation:
Approve
Attachments:
City of Brookings Printed on 1/22/2015Page 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 15-009,Version:1
Action to approve Resolution 15-009, a Resolution Directing Preparation of Assessment Roll,
Dividing Assessment into Installments, and Providing for the Collection thereof for Sidewalk
Assessment Project 2014-01SWR (2014 Sidewalk Repairs).
Summary:
This resolution will authorize the City to prepare the assessment roll for 2014-01SWR, 2014 Sidewalk
Repairs.
Background:
This project was the annual Concrete Maintenance Project which entailed construction of
miscellaneous concrete work in the area west of Medary Avenue between 6th Street and 20th Street
South. The project included repair of curb and gutter, fillets, valley gutters, curb ramps and
homeowner trip hazard sidewalks. The project was completed and the final change order was
approved. The City is proceeding with the assessment process to bill the property owners for their
sidewalk construction costs. Resolution No. 49-14 adopted on June 10, 2014 authorized the
sidewalk assessment project for the trip hazard sidewalks. The assessment cost for each landowner
is calculated by using their specific sidewalk cost plus a 6% fee for engineering and administration.
This resolution directs the preparation of the assessment roll for the sidewalk repairs completed in
the 2014-01SWR project. There will be two upcoming resolutions; one to set the hearing date and
one to levy the sidewalk assessment.
Fiscal Impact:
The city will collect the sidewalk assessment costs for the trip hazard repairs.
Recommendation:
Recommend approval of the resolution.
Attachments:
Resolution
City of Brookings Printed on 1/22/2015Page 1 of 1
powered by Legistar™
Resolution No. 15-009
Resolution Directing Preparation of Assessment Roll, Dividing Assessments into
Installments, and Providing for the Collection Thereof for Sidewalk Assessment,
Project 2014-01SWR (2014 Sidewalk Repairs)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed since the adoption and publication of
Resolution 49-14, Resolution Determining the Necessity of Repairing or Installing
Sidewalks for Sidewalk Assessment Project No. 2014-01SWR. The referendum has
not been invoked, and no written protests against the making of said improvement have
been filed with the City Manager.
2. A contract for Sidewalk Assessment Project No. 2014-01SWR has been duly
executed, and the City Council is authorized to levy special assessments pursuant to
the provisions of chapter 9-43, SDCL 1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made
and filed in City Hall showing the total cost of said improvement as follows:
Contract price $104,650.61
Engineering, inspection, fiscal,
legal expense, publication $731.30
Total Expense $105,381.91
4. The total cost of said improvement shall be paid as follows:
City Repair Costs $92,759.35
Assessable costs $12,622.56
5. There shall be made and filed in the office of the City Clerk an assessment roll for
said improvement. The assessments shall be on the basis of benefits upon each lot or
tract of land contiguous to the sidewalk constituting said improvement.
6. The assessment shall be divided into five (5) equal annual installments for all
amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be
due.
7. Unless paid to the City in advance of maturity, the assessments shall be collected by
the City Manager in accordance with the procedure for Plan One in Chapter 9-43,
SDCL 1967, as amended.
8. The interest rate to be borne by the unpaid installments of the special assessment is
ten percent (10%).
Passed and approved this 27th day of January, 2015.
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 2015-0037,Version:1
Presentation of annual Dr. Martin Luther King, Jr. Day Awards by the Mayor and the Human Rights
Committee.
In celebration of Dr. King’s birthday, the Brookings Human Rights Committee sponsored a poster
contest for elementary students and an essay contest for middle school and high school students to
help students reflect on Dr. King’s ideas and their impact on the community. This year’s theme for
the poster contest was “Love is the only force capable of transforming an enemy into a friend.”The
theme for the essay contest was “Injustice anywhere is a threat to justice everywhere.”
Mayor Tim Reed will present the winners with their awards. All poster entries will be on display at
Sioux River Cyclery, 501 Main Avenue, and the City of Brookings website through January 31st.
Grade K-2 - Poster
Anika Hooda
1st Place $25.00
Hillcrest Elementary - 1st Grade
Teacher - Mrs. Hove
Parents - Davender & Ritu Hooda
Ernest Ting
2nd Place $15.00
Hillcrest Elementary - 2nd Grade
Teacher - Mrs. Ballis
Parents - Francis & Angeline Ting
Madison Murray
3rd Place $10.00
Hillcrest Elementary - 2nd Grade
Teacher - Mrs. Gehring
Parents - Alex & Stephanie Murray
Istabrag Hamad
Honorable Mention
Hillcrest Elementary - 2nd Grade
Teacher - Mrs. Gehring
Parents - Saleh Hesain & Fatma Ismil
Sloane Mix
Honorable Mention
Hillcrest Elementary - 2nd Grade
Teacher - Mrs. Ballis
City of Brookings Printed on 1/22/2015Page 1 of 4
powered by Legistar™
File #:ID 2015-0037,Version:1
Parents - Greg Mix & Shirelle Englund
Grade 3 - Poster
Taylor O’Neil
1st Place $25.00
Medary Elementary - 3rd Grade
Teacher - Mrs. Bolstad
Parents - Paul & Jill O’Neil
Nathan Smith
2nd Place $15.00
Medary Elementary - 3rd Grade
Teacher - Mrs. Bortnem
Parents - Kevin & Sarah Smith
Peytan Schumacher
3rd Place $10.00
Medary Elementary - 3rd Grade
Teacher - Mrs. Bortnem
Parents - Lucas Eickholt & Jackie Schumacher
Madison Schelske
Honorable Mention
Medary Elementary - 3rd Grade
Teacher - Mrs. Bortnem
Parents - Darren & Connie Schelske
Grade 4-5 - Poster
Aditya Tummala
1st Place - Tie $25.00
Camelot Intermediate School - 5th Grade
Teacher - Mr. Hauge
Parents - Hemachand Tummala & Vijaya Gaddipati
Tristina Ting
1st Place - Tie $25.00
Camelot Intermediate School - 5th Grade
Teacher - Ms. Gullickson
Parents - Francis & Angeline Ting
Claire Einspahr
2nd Place $15.00
Camelot Intermediate School - 5th Grade
Teacher - Mrs. Stahl
Parents - Matt & Amy Einspahr
Hannah Carter
Honorable Mention
th
City of Brookings Printed on 1/22/2015Page 2 of 4
powered by Legistar™
File #:ID 2015-0037,Version:1
Camelot Intermediate School - 5th Grade
Teacher - Mr. Hauge
Parent - Shay Sorile
Hannah Sebring
Honorable Mention
Camelot Intermediate School - 5th Grade
Teacher - Mr. Bolstad
Parents - Scott & Laurie Sebring
Essay - Middle School
Isha Hooda
1st Place - Tie $50.00
Mickelson Middle School - 6th Grade
Teacher - Mrs. Veldkamp
Parents - Davender & Ritu Hooda
Jacob Johnson
1st Place - Tie $50.00
Mickelson Middle School - 8th Grade
Teacher - Mrs. Piarson
Parents - Bruce & Buffy Johnson
Essay - High School
Dhwani Kharel
1st Place $100.00
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Parashu & Kala Kharel
Kashfia Rahman
2nd Place $75.00
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Shafiqur & Moursheda Rahman
Oscar Kavanagh
3rd Place - Tie $50.00
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Edward & Clodagh Kavanagh
Rachel Smart
3rd Place - Tie $50.00
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Alexander & Diane Smart
City of Brookings Printed on 1/22/2015Page 3 of 4
powered by Legistar™
File #:ID 2015-0037,Version:1
Kia Witt
Honorable Mention
Brookings High School - 9th Grade
Teacher - Mrs. Klinker
Parents - Eric & Mary Witt
Attachments:
Grade K-2 Poster - 1st Place - Anika Hooda
Grade K-2 Poster - 2nd Place - Ernest Ting
Grade K-2 Poster - 3rd Place - Madison Murray
Grade K-2 Poster - Honorable Mention - Istabrag Hamad
Grade K-2 Poster - Honorable Mention - Sloane Mix
Grade 3 Poster - 1st Place - Taylor O’Neil
Grade 3 Poster - 2nd Place - Nathan Smith
Grade 3 Poster - 3rd Place - Peytan Schumacher
Grade 3 Poster - Honorable Mention - Madison Schelske
Grade 4-5 Poster - 1st Place - Aditya Tummala
Grade 4-5 Poster - 1st Place - Tristina Ting
Grade 4-5 Poster - 2nd Place - Claire Einspahr
Grade 4-5 Poster - Honorable Mention - Hannah Carter
Grade 4-5 Poster - Honorable Mention - Hannah Sebring
Essay Middle School - 1st Place - Isha Hooda
Essay Middle School - 1st Place - Jacob Johnson
Essay High School - 1st Place - Dhwani Kharel
Essay High School - 2nd Place - Kashfia Rahman
Essay High School - 3rd Place - Oscar Kavanagh
Essay High School - 3rd Place - Rachel Smart
Essay High School - Honorable Mention - Kia Witt
City of Brookings Printed on 1/22/2015Page 4 of 4
powered by Legistar™
Isha Dev Hooda- 6th Grade
Middle School Essay – 1st Place – Tie
Teacher – Mrs. Veldkamp
Parents – Davender and Ritu Hooda
“Injustice anywhere is a threat to justice everywhere”. This quote by Martin
Luther King Jr. has an obvious point and makes us think even today. When an injustice
is done to one person; everyone else has to wonder, what it would take for that same
injustice to be done to them as an individual. Today, we remember our hero of the civil
rights movement, Martin Luther King Jr., who spend all his life fighting for human rights.
Martin Luther King Jr. was one of the greatest leaders of American Civil Rights in
the 1960s. He was born in 1929 in the city of Atlanta, Georgia. Martin faced many
challenges in his life. While growing up as a young boy, Martin Luther King couldn’t
play with his friends because of injustice in the society. Not many people on this planet
would go through trials and tribulations that Martin endured because of social injustice.
During that time, a civil war was looming in America. Since Martin Luther King was born,
his entire life was devoted to the fight for segregation and justice for humanity. Starting
out as a pasture in Montgomery, Alabama, Dr. King began his journey preaching about
the love, acceptance, and equality in the society.
Martin Luther King Jr. took great inspirations from Mahatma Gandhi. He was
introduced to Mahatma Gandhi’s teachings at Crozer Theological Seminary. After the
death of Mahatma Gandhi, King carried forward the legacy of non-violence to fight for
justice everywhere. After visiting India in 1955, King was confident that non-violent
protests were the most effective weapon against racist and an unjust society. During the
Montgomery bus boycott, in 1955, which lasted for 382 days, Dr. King used the non-
violent philosophies for the first time in his life. This gave him an opportunity to witness
the power of peaceful protests.
Continuing on his journey with revolutionary peaceful protests, Dr. King led the
Birmingham campaign in Alabama in 1963 to end discrimination. Dr. King delivered his
most famous speech, “I Have a Dream” on the steps of the Lincoln Memorial on August
28, 1963. His speech advocated racial harmony of economic rights for all African
Americans. During the “Chicago Peace March”, Dr. King was hit on his head with a brick
by the onlookers, but he continued the march with bravery. In 1968, Dr. King organized,
“Poor People’s Campaign” to address issues of injustice and housing for the poor. In
1964 Dr. King became the youngest person to win the Noble Peace Prize for his efforts
to end segregation and racial discrimination through non-violent means.
It is now 2014; today, we are culturally more diverse. W hites and colored are
studying in the same school, sing, and cheer together. Dr. King’s speech is still
remembered as it made a major impact on the acceptance of colored people in the
American society. This is because of Dr. King’s sacrifices and contributions that our
country is united and segregation is not accepted in the society. The March on
Washington was a turning point for the nation. It is now time for us to carry the vision
and legacy of Dr. King and recognize ways to work together for the betterment of
humanity, so that we don’t have to deal with situations what we are facing in Ferguson,
Missouri today.
Dr. King was a man of bravery, honor, and pride. Today, as a culturally diverse
society, we can imbibe Dr. King’s spirit and carry on his legacy. We are fortunate to
have Dr. King to change our world. We will always remember Dr. King’s achievements,
the words he said and the bravery he showed to the world.
Jacob Johnson, 8th Grade
Middle School Essay – 1st Place - Tie
Teacher – Mrs. Piearson
Parents – Bruce & Buffy Johnson
Hope for the Future
In today’s world, there is an unfathomable amount of injustice. In India, children
are forced to work in sweat-shops and are deprived of an education. All over the world
people live in poverty. People are unfairly prejudged because of their ethnicity As the
greatest nation on Earth, it is our responsibility to assist these unfortunate people,
because to whom much is given, much is expected. Our future greatness depends on it.
To start, there are officially twelve million child laborers in India, off the books
there are more like sixty million. How these children get into the nasty inhumane
sweatshops is their parents or other relative gets into debt, after not being able to pay
off the debt the loaner has the debtor pay it off by having their child work for them. The
bargain is meant to be the child works off the debt, and when the debt has been paid,
they are free to go. Unfortunately, it does not work this way. The debt is never paid! For
the rest of their lives these child slaves will be working in these sweat-shops in
despicable conditions, at least 14 hour days, one toiled for many children, and too low
of rations. The problem is people of the world think there are no more slaves. Actually,
there are more slaves in the world now then there were in the 1800s. As Americans if
we do nothing, this horrific cycle will continue.
All over the world people live in poverty. There are actually more people that live
in poverty than those who do not. As first world people we think, “W ell that just stinks for
them,” but we do nothing about it. It wasn’t their fault that they were born into poverty,
just as we didn’t deserve to be born in America. The problem isn’t the amount of food in
the world, it’s the distribution. According to Mindfully.org, Americans throw out 200,000
tons of edible food daily. If we weren’t entitlement minded, we would find a way share
our food with the less fortunate of the world. It would make me even more proud to be
an American if we could figure out how to share the love.
Finally, people are discriminated against because of their ethnicity. A Caucasian
man, in today’s society is sadly more likely to get picked for a job over a Middle Eastern
man. Companies will sometimes screen out Middle Eastern people just because of their
race. The Caucasian man would look more appealing to the company, but he could be a
total mess. The Middle Eastern man could be the best worker ever, but because of the
actions of a few of his people, he would be screened out right away. If we discriminate
against different ethnicities, we will never come close to reaching the full potential in this
country. Aren’t we called the melting pot of the world?
To conclude, if we started giving justice to those children in India, if we started
helping those in poverty, if we stopped discriminating against other ethnicities, than
maybe, just maybe, there would be justice. Because injustice stems from many different
unfortunate cycles rooted in ignorance, poverty, and hatred, if we as a nation could
prioritize the change of those cycles, we would change our world for the better. As the
nation who believes in liberty and justice for all, let’s bind together and make this a
reality beyond our borders through education and funding of programs that would create
lasting love and change.
Dhwani Kharel, 9th Grade
Brookings High School Essay – 1st Place
Teacher – Mrs. Klinker
Parents – Parashu & Kala Kharel
We are living in a world where injustice surrounds us on a daily basis. As we turn
on our various electronic devices, scan newspapers, and discuss the problems
surrounding our society, injustice is an overbearing topic. Our society is surrounded by
injustice, of to which many of us turn the blind eye. Injustice doesn’t cause detriment to
only the soldiers fighting our wars, civilians in corrupt governments, or minority groups
facing discrimination. Whether or not we are directly involved, we cannot stand back
and ignore the situations causing catastrophes in our world. Dr. Martin Luther King Jr.,
wrote these words from Birmingham Jail, 51 years ago: “Injustice anywhere is a threat
to justice everywhere. We are caught in an inescapable network of mutuality, tied in a
single garment of destiny. Whatever affects one directly, affects all indirectly.” They
cannot hold truer today.
As much as it disheartens me to admit, in the fourteen years I have been alive I
have personally witnessed and experienced injustice. On a daily basis, I hear
derogatory jokes towards various ethnic groups and females. The saddening part is
these largely offensive witticisms are greeted laughter instead of scorn. Prejudice
hasn’t disappeared. We simply have become better at masking it with “harmless” jokes.
This type of injustice may seem petty, yet when a situation that demoralizes another
human being is promoted, it creates a norm that seemingly makes it acceptable to
discriminate. A positive light is casted on injustice. Engaging in these types of jokes
creates a society that encourages discrimination. Any “insignificant” form of injustice
harms justice on a larger scale, and jeopardizes the global community’s well-being.
Conflict and injustice are dominating the modern world. A young girl named
Malala Yousafzai was attacked by the Taliban because of her desire to attend school.
Thousands of civilians in the Middle Eastern countries, such as Egypt and Turkey, are
killed and attacked by brutal militia and a corrupt regime. While we can turn our heads
and ignore the situation by stating the injustice occurring in countries far from ours do
not affect us, this simply isn’t the case. We are not void from facing the negative out
lashes of injustice, no matter where we reside. The United States offers military aid to
many of these struggling countries. Our soldiers, our family members, and friends are
fighting and putting their well-being at risk because of the unjust world we are living in.
In our own nation’s past, injustice has caused conflicts that provoked military
action. Slavery did not harm only the people who were treated as cattle, it inflicted pain
upon everyone. The Civil War split our country in two. Both sides faced deep emotional
turmoil. Families were destroyed due to conflicting stances on the issue of racism.
Families were also split due to soldiers leaving home to fight, and many of those
soldiers never came back. Information from the Civil War Trust states that 466,976
soldiers were wounded, captured, or reported missing. It also states that 620,000 were
confirmed dead. The Civil War also took a toll economically. The South’s economy was
destroyed, and their currency became void. Even those who did not actively participate
in keeping slaves lost much of their savings. Once our country reunited as one, there
was still debt to be paid and the economy was in ruins. Had slavery been combated
before it spiraled out of hand, the conflict may have been avoidable. It is because the
injustices facing others were ignored that everyone paid the price in the end.
It is human nature to want to protect ourselves. The best way to do this is to
protect justice. It is far easier to combat injustice as a bystander then as a victim in a
vulnerable situation. Offensive jokes aren’t as humorous when they are targeted
towards you. One cannot ignore police violence when the subject of the brutality is
themselves. It is simple; if we allow injustice to harm others then we are allowing
injustice the opportunity to harm ourselves.
“I cannot sit idly by in Atlanta and not be concerned about what happens in
Birmingham. Injustice anywhere is a threat to justice everywhere. Never again can we
afford to live with the narrow, provincial "outside agitator" idea.” These words of Martin
Luther King Jr., should dictate how we pursue the elimination of injustice. We cannot
afford to allow injustice defeat justice in the fight for equality. If injustice is not combated
when it first appears, it is given the opportunity to thrive. Once any form of injustice is
accepted without question, it will evolve and injustice will become normality. The “if they
can do it, why can’t I?” mentality will develop. As more injustice exists, justice will
become rare. Injustice is injustice whether it is small. Injustice is injustice whether it is
far. No matter where injustice exists, whether it’s in third-world countries or in our own
backyards, the preeminence of it jeopardizes justice. A mere existence of injustice
jeopardizes the nature of justice and affects all, whether it is directly or indirectly.
Kashfia Rahman, 9th Grade
Brookings High School Essay – 2nd Place
Teacher – Mrs. Klinker
Parents – Shafiqur & Moursheda Rahman
Great Expectations: Bringing Justice for All
On the night of February 26, 2012, in Florida, a black seventeen-year-old boy,
Tra yvon Martin, walking to a friend’s home wearing a hoodie, carrying only his cell
phone, cand y, and a drink, was shot and killed by a neighborhood watchman,
George Zimmerman. A “Not Guilty” verdict in the trial has shocked the nation, raising
concerns and questions of the justice system. It’s appalling that an innocent 17-year-
old has been recklessly killed and his killer is not legally accountable. Trayvon
Martin’s family and the rest of the country couldn't help but notice how close the
modern day civil rights are to the civil rights during the movement in the 1960's, led by
the visionary leader Martin Luther King Jr. What concerns us the most is the
overwhelming feeling that there are threats to justice everywhere. Trayvon Martin, for
being 17 years old, and black, is a victim of racial injustice.
When we hear the word “injustice,” what comes to mind? Racism?
Sexism? Discrimination against certain religions or ethnic groups? Stereotyping? Most
likely, something similar to this pops into our minds when we are presented with the
idea of injustice, which has become so prevalent in our society. However, we have
not reall y pondered on its impacts and dehumanizing consequences. But, Dr. King,
a vital figure of the Civil Right Movement, did comprehend that racial injustice was
harmful to all people, not only to African-Americans. He believed in fairness and
equality for all, and that without these basic rights, nothing else can be done;
because every justice comes from this solid foundation. W ith the vision to
abolish discrimination, throughout his career, especially from the Montgomery bus
boycotts in Alabama in 1955 to the last sermon at the National Cathedral in
Washington D. C., only four days before his assassination in 1968, he protested
wherever there was injustice to make his point clear and change the entire world.
The landmark Civil Rights Act of 1964 helped change social and legal attitudes to
bring the “American dream” of justice, equalit y, and freedom to all Americans,
regardless of their race, religion, or ethnicit y.
Today, America has definitely improved somewhat when it comes to equal
rights for all races. It is very true that because of Dr. King, our nation has thrived,
grown, and adapted so well. Many believe racial prejudice is long gone. But, not
everywhere and not to everyone. Justice is the state in which people should live
together harmoniously. Given the definition, has America actually become equal due
to King’s movements? We cannot ignore the similarities between Trayvon Martin
and Emmett Till, a 14-year-old boy who was senselessly murdered in
Mississippi in August 1955, and his killers were acquitted. W e want to feel that our
country has evolved, but it’s hard to believe seeing injustice ever ywhere. The issue of
race is well alive today and is still one of our most prominent injustices.
In Dr. King’s letter from a Birmingham prison on April 16, 1963, he quoted
“Injustice anywhere is a threat to justice everywhere,” one of the most
memorable quotes from that pleading letter. King's quote exposes how injustice only
leads to greater injustices and hinders to future justice. The idea can be comparable
to global pollution. A polluting factory in one part of America is a threat to air quality
everywhere. Soon, all air might be polluted. The same thing can apply to human
society. If we endure injustice to happen to some people or in some places, we
endanger everyone. If we allow people to think that it is acceptable to act unjustly
towards some people, this attitude can jeopardize our entire society.
Examples of direct injustice transforming into a threat to justice
everywhere can be detected in the past, as well as in very recent times. The case of
Tra yvon is a recent example of Dr. King’s quote. Referring back to King’s quote,
“there was bound to be the same type of injustice somewhere else.” As
expected, just two years later, another young, unarmed 18-year old-black bo y,
Michael Brown, was murdered. This time, in August 2014 in Ferguson, Missouri. Not
surprisingl y, on November 24, 2014, the Grand Jury decided not to accuse Officer
W ilson, the shooter, for any crimes. It doesn’t end there. Recently, a New York
police officer was also not charged for the chokehold death of Eric Garner, another
unarmed black man and father of six. The deaths of Michael Brown and Eric Garner
and “no crime” decisions add more examples of racial injustices and stereotypes that
are aimed particularly at African-American male. Indeed, there are flaws in the system
causing threats to justice everywhere and these need to be fixed.
There are, of course, many types of injustices that do not end in gunfire or
death. That’s obviously a good thing. It shouldn’t take a shooting death, or the riots
that follow it, to make us pay attention to the perils in the society. Injustice found in
many places, like in the work place, schools, and the community, mostly arises from
prejudicing and sorting or stereotyping people into certain categories. Fair
treatments are often contaminated by the inequalities in life, like disparity in
economic and social status, race, gender, religion, and education. Immigration,
global conflict, and a variety of social-justice issues, like children and women’s
rights, are too often ignored suggesting that there is still much to be accomplished to
be just and fair.
Dr. King’s message is as appropriate and meaningful today as it was fifty
years ago. Before the civil rights movement, young African-American girls and boys
were banned from schools in which white people attended. Recently, in some parts
of the world, like in Pakistan, young girls, like Malala Yousafzai, are prohibited from
going to school simply because they are girls. People in big cities, like New York,
Los Angeles, and Chicago, which are also highly populated with illegal immigrants,
sometimes take advantage of the illegal immigrants and treat them unfairly in terms
of their basic rights, such as better working conditions and fair payment. Women are
still paid less than men for the same job, and also as victims of assault in different
forms, they do not get fair judgment. Certainly, the issue of unjust conducts is
timeless. The quest for justice continues as there are people who still promote
inequality and prejudice, and judge people based on stereotypes.
We know a lot of what's wrong, but unlike Dr. King we are not motivated and
intrepid enough to change. “Every step toward the goal of justice requires
sacrifice, suffering, and struggle; the tireless exertions and passionate
concern of dedicated individuals,” he said. We all could write the most heart-
warming essay, but it would not accomplish anything unless we actually do
something. This world needs actions, not more pretty words. Injustice is a disease
that can infect all of us, and the only cure is to speak up against it. “Silence is not
an option.” This is how Dr. King’s legacy applies to our world today. We are
always presented with a choice. W e can be a bully, victim, bystander, or an
activist. W e can be racist, discriminated against, passively observe, or take action.
W e can hear the comments based on racial, social, religious and economic
stereotypes and let them pass by, or speak up and challenge these stereotypes.
We can dismiss prejudice as a fact of life, or organize peaceful protests and help
victims of social injustice. W e cannot be neutral. As Bishop Desmond Tutu said, “If
you are neutral in situations of injustice, you have chosen the side of the
oppressor.” If we do not speak up, then we choose to be in the group of the unjust
people. Now, how do we know whether we are just or not in making our choices?
There is no definition for it. There is a feeling inside of us by our human nature,
because we know within ourselves when we are fair and when we are not. So, using
our human conscience, the choices we make affect our society toda y, tomorrow and
generations after. No matter how small our good choices are, it can make a
difference and bring an amazing change.
However, change should be done in a civic and non-violent way. Dr. King also
once said, “In no sense do I advocate evading or defying the law…That
would lead to anarchy. An individual who breaks a law that his conscience
tells him is unjust…,” Allied with Ba yard Rustin, a leader of the Quaker group, and
motivated b y civil disobedience from India’s Mohatma Gandhi, he was adamant
that justice can be won through peaceful protest. He describes nonviolence as,
“the most potent weapon available to oppressed people in their struggle for
justice and human dignity.” He condemned the "black power" movement
because he knew "injustice anywhere is a threat to justice everywhere," and
violence brings more violence.
Being equal in the eyes of the law is the reason why the statues of justice are
seen with the scales held in one hand, and a blindfold over the eyes. Everything
should be weighed on the merits of the case. Anything less is injustice. Nevertheless,
justice and equality remain a difficult issue to tackle. Ending injustice may seem like
something tricky to do. Although a perfect egalitarian society may be in the distant
future, we should keep trying to go upwards instead of going downwards in terms of
treating people with justice. President Kennedy once said , "One person can make
a difference, but everyone should try." On Martin Luther King Jr. Day, we
commemorate a man of great audacit y, who endured harsh threats and eventually
sacrificed his life to carry out his dream and has made a difference in America.
There’s still time to learn from the man, even fifty years later. His plans to transform
the world for a better and virtuous place still animate and the charisma he
possessed should spark the motivation for us to deliver the positive ambitions to
this nation. He left the legacy stating that any work, no matter the size, is important
and can bring equality and change. We have to try and have great expectations to
change the world to bring justice for all. As Mahatma Gandhi said, “You must be
the change you wish to see in the world.”
Oscar Kavanagh, 9th Grade
Brookings High School Essay – 3rd Place - Tie
Teacher – Mrs. Klinker
Parents – Edward & Clodagh Kavanagh
Justice and Injustice
What is justice? Is it a state of mind? Is it a mutual agreement of decisions
condoned by what a majority believes is right from wrong? The Cambridge dictionary
describes justice as “the conformity to moral rightness in action or attitude.”
Historians say that justice bloomed its righteous ideals way back in our Earths’
history to the Greek city-states, around 800 BCE. The reason it is speculated that the
foundation of justice was laid here, in my opinion, is because it was also the beginning
of its counterpart; democracy. For these city-states in Greece, such as Athens, by
imposing democracy, there also came justice. But the one problem with their system
was appealing to the other city-states, which were dictated by kings that spoke and
acted as they wished. City-states, like Athens were physically and ideally bombarded
with the unequal philosophy of injustice, whether it was through mass and unnecessary
killing of men, woman, and children, or more simply the majority of the worlds’ opinion
on justice. What was taking place during this time period was horrifying, and I believe
the respect for human rights was very small. But what I find most tragic of all was the
adaptation of these early democracies. The democratic city-states began to adapt,
stooping to just as much violence as their cohorts, due to what I believe directly
epitomizes this years’ theme statement; “Injustice anywhere is a threat to justice
everywhere.”
Only a few weeks after my fifth birthday my family and I moved across the
Atlantic to live in America. Just my mother Clodagh, father Edward, brother Joey,
puppy Buffy, and I. All from Ireland, we went to live in the state of South Dakota to set
up a dairy farm, as my father had previous experience in the agriculture business back
home. I didn’t know much about the United States at the time, other than that I’d be
living here now and wouldn’t get to see my montessori (preschool) mates for a very long
time. But as I grew older, throwing out the Irish history textbooks and taking in the
American, I not only learned about how far democracy and justice had come since the
Greek city-states back in the BCE era, and how it sprouted and flowered all over the
continental United States during the Revolutionary War, but also this countries resolve
to spread these ideals of equality whenever given the opportunity. I’ll give you an
example: during World War II the United States had a hard and desperate fallout with
Japan, but after the war, when Japan was defeated and its government in ruins, our
country actually helped its old enemy to rebuild into what is presently one of the most
innovative countries in the world. That’s the thing with a topic like justice, it may smite
down with vengeance for an aggressors wrong doings, such as the United States taking
nuclear action to resolve all in all a more peaceful end to their conflicts with Japan, but
Justice also condemns equality with kindness, such as the United States rebuilding
Japan’s crumbled economy and government.
As a boy who was new to this country, and was becoming more exposed to their
values in justice through democracy, I began to ponder if it was the same standard in
other democracies/ republics in the world. For quite a few, the answer was yes, but
unfortunately in others, such as South Africa, it wasn’t. South Africa was at first a
region taken over by the British Empire, and when the gained their independence, it
became a government much like the one it presently is today; however, there was on
crack of a difference that broke their entire wall . . . racism. Racism as spoken through
the words of MLK Jr. “that in some not too distant tomorrow, would pass away, and civil
rights and justice be gained with the brotherhood of equality,” I can say with absolute
certainty that at the time the black South Africans saw no “brotherhood,” and that their
tomorrow was as distant as the artic snow. The reason I talk about what racism was in
South Africa is because racism is practically a synonym for injustice. People, who were
judged unfairly by the color of their skin, such as the black citizens of South Africa, who
were locked up, shot at, and even killed in cold blood for peacefully protesting for justice
that wasn’t being provided, are prime examples of injustice. Due to unequal and bias
views they suffered, and just as the African – Americans who lived in our country at the
time of the civil rights movement and long before that were treated unfairly, it only goes
to prove that injustice anywhere, threatens justice everywhere.
From the time I left for Ireland all those years ago to now, I can say I have
learned a lot about equality and the value of a human life. That is why even now, when
I see injustice elsewhere, such as problems and inequality in Crimea, or the hate and
hunger for vengeance with terrorist organizations such as ISIS in the Middle East, I
realize that we have a long way too go. I believe that so long as everyone is granted a
voice to be heard from, but also an ear to hear from, without assumed prejudice, than
as a world we can achieve equality, and as a result, justice.
Rachel Smart, 9th Grade
Brookings High School Essay – 3rd Place - Tie
Teacher – Mrs. Klinker
Parents – Alexander & Diane Smart
The Internal War Against Justice
What do you fear? Death? Loss? Chaos? Destruction? Oblivion? Or maybe even
fear itself? In this day and age when we think horrible we think Holocaust. When we
think threatening we think a psychotic serial killer or something along the lines of
American Psycho. Yet in some ways this is how we as a human race ignore the most
threatening aspects of humanity. Not the killers, psychos, and terrorists, but the ability to
change an ordinary person into one of these.
See, in the back of every human’s mind there is a struggle between good and
evil, struggles we’re constantly forgetting that we have. We chose the way we wanted
our society to be, but our minds, our human nature, still rebel against this choice every
day. Still, we avoid the philosophy that this struggle is prevalent in everyday life, and
when we see those that have given up the fight… we call them monsters.
This year’s topic for the Martin Luther King Junior Essay is: Injustice anywhere is
a threat to justice everywhere. When I first heard this topic all I could think about is the
Middle East, or slavery, or every war that’s ever been fought, but I was reluctant to write
about any of these topics. They’re obvious. Obviously to me, to anyone good or evil,
injustice anywhere is a threat to justice everywhere. No matter where, no matter how far
away. Injustice causes problems. Ever since civilization has created the ideal of justice
it has had to bring injustice to its knees persistently and sometimes that’s no easy feat.
Often, it causes deaths and sometimes wars, but the topic isn’t talking about problems.
We’re talking threats.
One of the definitions of ‘threaten’ is to make something vulnerable to attack or
danger. Suddenly I realized that while, injustice causes problems, the real hazard, the
threat, of injustice is that it impends to fracture, crush, and topple our systems of justice.
This is because the desire for injustice will always persist and when the ideal is evoked
more and more give in to the haunting desire to wrong without fear.
See, justice and injustice are fundamentally built on gain. With justice, those that
have been wronged receive some sort of compensation with the knowledge that their
transgressor has been punished. With injustice, those that transgress desire freedom to
transgress without consequences.
Now, I believe that people, when given a choice, will not always pick the wrong
one. Yes, I believe people can genuinely be good, but at their core, without guidance or
previously proposed ideas I think many can agree people will make decisions based on
their benefit. Our culture has decided that thinking solely of oneself is unacceptable, so
in general people strive to uphold justice, even when they don’t benefit. But every once
and a while someone comes along that ignores this standard, that choses to live for
themselves at the expense of others, free from consequences they deserve. The
delicate scale has now tipped in the devil’s favor. Like a wildfire it spread, and suddenly
greed, hatred, selfishness, and cruelty begin to gain hold in the minds of those around
them. The desire for justice is extinguished, consumed by hellfire. Flames lick at city
thresholds, drowning out the cries of the innocent. Jews are tortured and murdered.
Little black children are torn from their devastated mothers. Feeble beggars die of
starvation, desire of warmth lying cold on stony lips. The worst part of this though, is
that as injustice spreads justice still fights back, pounding weakly, while injustice snarls
and pushes back so fiercely, the heart may never see it again. For after all, what is the
point of impunity when one lives on with worse punishment- guilt?
See, injustice anywhere is a threat to justice everywhere because when one, just
one, person can make injustice look desirable, acceptable, thousands will follow
thundering in their footsteps, and if anyone knows how much injustice threatens justice
it’s the black families that lived during the civil rights movement.
Day in and day out these people faced a hellish lifestyle because the white
population of America liked putting themselves above other ethnicities. Their adults
worked for unfair wages, struggling to keep their families afloat. Their children had little
chance of success in their shabby schools compared to their white peers. Their people
were blamed unfairly, treated like trash, and murdered for decades, and it only got
worse in the fifties and sixties when brave souls tried to bring justice into its rightfully
upheld spot in American society. The KKK killed so many, the police captured so many,
and so, so many pressed on. Why? Because freedom and justice would be worth it all.
A civil rights hymn sums up this courage: “…We shall live in peace. We shall live
in peace. We shall live in peace someday. Deep in my heart I do believe we shall
overcome someday. We are not afraid. We are not afraid. We are afraid today. Deep in
my heart I do believe we shall overcome someday…”
Simply stated: injustice does cause problems, and injustice is a threat, but one
cannot speak of a threat without reminded those that listen the reason to protect the
threatened. Justice is worth every death, every broken heart or soul, and every war, for
as long as justice is upheld we live in a better society, and can be assured that our
children and their children and their children will live in a better society. One should not
succumb to the belief that justice will prevent gain. Justice creates equality and allows
for every citizen to have the same opportunity to gain more than they ever could from
crime. In doing this justice decreases crime which devastates not only those that have
crimes committed against them but also those that commit crimes. Justice provides
safety, happiness, equality, and so much more in our society.
I have said in this essay that justice is not an ideal that exists in society without
help and that humans have decided to include justice in their ideals, and I truly believe
that it is the best decision we as a race have made. I thank the people like Martin Luther
King that have helped America embrace justice and equality. We may not be a perfect
country - and to be honest I don’t think perfect countries are achievable - but because of
these unforgettable people and so many more America is beginning to live up to its
potential.
Kia Witt, 9th Grade
Brookings High School Essay – Honorable Mention
Teacher – Mrs. Klinker
Parents – Eric & Mary Witt
Injustice is a Threat to Justice Everywhere
Injustice threatens humanity in the worst of ways because it is so easily ignored.
A majority is pitted against a minority who didn’t want to fight in the first place. Only the
minority feels the pain, which is why injustice is so pestilential and contagious; no one in
a position to stop it is motivated to do so.
Problems do not resolve themselves. Someone or something must change to fix
a problem like injustice. But a society who benefits from the oppression of others has no
motivation to change. Discrimination continues to worsen over time; those holding
power enjoy the benefits reaped from their discrimination. Therein lies the problem: the
more who are oppressed, the more those in control are rewarded. Suddenly
discrimination becomes a matter of skewed rationalization: if you are on top, you can
devise any sort of warped reason for persecuting another group for your own profit. This
is what Dr. Martin Luther King was trying to illustrate in his quote “Injustice is a threat to
justice everywhere.” Discrimination has always been a matter of skewed reasoning;
that is why it is so dangerous. When distorted reasoning is used with success in one
aspect of a society, others in power will apply it to different situations for the benefit of
themselves. No group or minority is safe; if this rationalization is exercised on them, it
will become a “truth” in a matter of years. Of course, oppression can be enforced
without this “reasoning”, but we as humans regard ourselves as logical and intelligent
beings. In reality, oppressing and discriminating against others shuts down both
empathy and true logic in a pathetic attempt to satisfy our own egos and appease our
own fears.
In many cases, the benefits of the oppressor are not solely based on material
goods or money. Oppression may start out in that way, but will soon morph into less
concrete arrangements - feelings of superiority and a scapegoat for a community’s
problems. This type of oppression is no less dangerous. In fact, it is harder to fix. To
resolve the prejudice all the people must alter their previous thoughts and emotions,
which is an effort that will take many, many years.
All of discrimination is rooted in fear. Fear for personal safety, fear of
differences, fear of being the person on the bottom, and more. Fear is one of the
biggest motivators in our lives, along with love. Love cannot be present in the same
emotion as fear. If someone is fearful of another person, he or she cannot
simultaneously love that person. Even if they know they “should”, or they say they do,
true love and empathy cannot be felt until fear is gone.
Some would say America has almost eradicated discrimination, or at least come
close to it. They are wrong. America has come a long way from the days of slavery,
and even from the Civil Rights Movement, but we are far from an ideal society. Racial
discrimination is still very prevalent. A recently convicted white felon has a greater
chance of becoming employed than a recently graduated black man. In Cleveland, an
African-American boy was shot and killed by a police officer because the boy had pulled
a toy gun from his pocket. The racism is clearly evident, but where are all the racists?
No one will claim the title of “racist” or “white supremist” anymore. It has become taboo
in our society; we are all “colorblind.” No longer do we face threats from the Ku Klux
Klan or segregation, but from the entire mindset of our society and the stereotypes that
come as a result of it. Like the wind, this new racism is insidious; the actual substance
can’t be seen, and only the effect it has on others is visible. It is difficult to fight an
enemy we cannot see.
If we are to eradicate injustice, all of it must be eradicated. Injustice is catching;
it will latch onto justice and warp it so that justice becomes conditional. Everyone
becomes threatened. If we are to fix this problem of discrimination, the root of it must
be pulled out: fear. When we do not fear those who are different, injustice will be gone.
Acceptance must not only be taught and spoken, but it must be felt and demonstrated
through the smallest of gestures. Once we love all people, we cannot fear them.
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 2015-0060,Version:1
Board of Equalization Process Review from Brookings County Director of Equalization Joyce
Dragseth
Summary:
Presentation by Joyce Dragseth, Brookings County Director of Equalization
Attachments:
2015 Appeal Process Guide
City of Brookings Printed on 1/22/2015Page 1 of 1
powered by Legistar™
2015
APPEAL PROCESS GUIDE
FOR LOCAL AND COUNTY
AND CONSOLIDATED
BOARD OF EQUALIZATION MEMBERS
NOTICE TO BOARDS OF EQUALIZATION and PROPERTY OWNERS
PRODUCTIVITY VALUATION FOR 2015 ASSESSMENTS
All agricultural land is to be assessed using th e productivity valuation method.
Information concerning this valuation process and the data used to establish the values is
available from your Director of Equalization and at the Department of Revenue and Regulation
web site at:
http://www.state.sd.us/drr2/propspectax/property/productivity.htm
It is important to remember that a property is to be valued fairly and uniformly. A property cannot
be assessed higher than actual market value and cannot be assessed higher than other
comparable properties. It is also important to remember that the productivity valuation system is
being phased in over the next several years.
If anyone has questions on this, please contact your local Director of Equalization or the
Department of Revenue and Regulation.
LOCAL BOARDS OF EQUALIZATION
ALL BOARD MINUTES SHALL BE TRANSMITTED TO THE DEPARTMENT OF REVENUE. THE
SECRETARY OF REVENUE HAS THE POWER TO REVIEW AND INVALIDATE ANY ACTIONS FOR
WHICH THERE IS NO LEGISLATIVE AUTHORITY.
PLEASE NOTE: Appeal to the local board must be perfected by mailing or by filing a
written notice of appeal with the clerk of the local board. Filing means “in the hands” of
the clerk. Postmarked by the deadline is considered timely mailing.
Any lessee responsible for payment of taxes pursuant to the provisions of a lease shall be
considered the taxpayer and may also appeal the valuation, classification, and taxable
status of the property.
COMPOSITION
The local board of equalization consists of the board of supervisors of each township or the governing
body of each incorporated municipality, together with a member of the school board or school boards
whose district comprises all or a part of the township or m unicipality.
TIME AND PLACE OF MEETING
The local board of equalization shall begin meeting on the third Monday of March and adjourn no later
than the following Friday. The meeting shall be at the office of the clerk or finance officer of the township
or municipality.
DUTIES
The township clerk or municipal finance officer acts as the clerk of the local board of equalization. It is
his/her responsibility to keep an accurate record of all changes made in assessments as well as a record
of the proceedings. The clerk must note all appeals in the board minutes and on the form PT 17.
The local board of equalization has the duty to hear and decide appeals within the five days. A written
decision must be sent within seven days after adjournment. Any appeals not resolved by the local
board are considered as no change.
It is the clerk's responsibility to help property owners complete the form PT 17. If a quorum is not present,
the clerk has the authority to adjourn the meeting and announce the time of the next meeting.
It is the duty of the board to certify the accuracy of the assessment roll and deliver it to the director of
equalization on or before the fourth Monday in March, along with a copy of the minutes and all
completed PT 17 forms. The board is to review all properties to ensure there is equalization of the
assessments and that all property is listed.
Prior to adding omitted property or increasing an assessment on property, the board must notify the
property owner of the proposed addition or increase and the time and place of the board meeting at which
the addition or increase will be considered. The board must give a property owner an opportunity to
appear before the board or submit written documentation concerning the addition or increase.
The local board of equalization does not have the authority to hear appeals on owner -occupied status.
They may inform the Director of Equalization of errors in owner-occupied status.
The local board does not have the authority to correct or change the level of assessme nt of property
types.
BEFORE A VALUE CAN BE INCREASED - notice has to be given to the property owner to allow him/her
a chance to appear before the board to discuss the change.
BEFORE A PROPERTY CAN BE ADDED TO THE ASSESSMENT ROLL - notice has to be given to the
property owner to allow him/her a chance to appear before the board to discuss the addition.
The director of equalization has the right to appeal any decision of the local board to the county board. If
the director does appeal a decision, it is his/her responsibility to notify the property owner, local board and
county auditor by submitting the PT 16 by April 21, 2015.
It is the duty of the board to take action on each appeal. The board's action must be included in the
minutes. The board has the authority to equalize assessments between individual parcels of property, but
does not have the authority to change the level of assessment between classes of property.
Local boards must complete their work within five days. School board members may vote only on the
appeals involving property located within their respective district.
Local boards must notify each appellant of the decision affecting his/her property in writing within seven
days after the adjournment of the local board of equalization (March 27, 2015).
MARCH 23, 2015 - clerk of local board SHALL return to the assessor the assessment roll and the
complete record of the proceedings.
COUNTY BOARD OF EQUALIZATION
ALL BOARD MINUTES SHALL BE TRANSMITTED TO THE DEPARTMENT OF REVENUE. THE
SECRETARY OF REVENUE HAS THE POWER TO REVIEW AND INVALID ANY ACTIONS FOR
WHICH THERE IS NO LEGISLATIVE AUTHORITY.
PLEASE NOTE: Appeal to the county board must be perfected by mailing or by filing a
written notice of appeal with the clerk of the county board. Filing means “in the
hands” of the clerk. Postmarked by the deadline is considered timely mailing.
Any lessee responsible for payment of taxes pursuant to the provisions of a lease shall be
considered the taxpayer and may also appeal the valuation, classification, and taxable
status of the property.
COMPOSITION
The county board of equalization consists of the county commissioners. The county auditor acts as the
clerk of the county board. The county auditor's responsibilities are the same as those described for the
clerk of the local boards.
TIME AND PLACE OF MEETING
The county board of equalization begins meeting on the second Tuesday in April and must complete its
work no later than three weeks after the second Tuesday in April. The county board meets at the county
courthouse.
DUTIES
The county board of equalization has all the power, authority and duties of a local board of equalization in
all unorganized territories. A county board of equalization may:
(1) Correct clerical errors of the assessment roll;
(2) Hear appeals from individuals regarding aggregate assessments, classification and
equalization;
(3) Equalize between taxing districts and between classes of property. The board shall raise or
lower, if necessary, each class of property on a percentage basis covering the class as a
whole within the assessment district;
(4) Hear appeals of owner-occupied status.
The county board DOES NOT HAVE THE AUTHORITY to raise or lower the assessment of an individual
parcel of property if it would cause the county board to reassess all property within the taxing district.
The county board DOES HAVE THE DUTY to ensure all property is listed on the assessment roll.
BEFORE A VALUE CAN BE INCREASED - notice has to be given to the property owner to allow him/her
a chance to appear before the board to discuss the change.
BEFORE A PROPERTY CAN BE ADDED TO THE ASSESSMENT ROLL - notice has to be given to the
property owner to allow him/her a chance to appear before the board to discuss the addition.
The county board of equalization shall give written notice of its decision to be postmarked on or before
the Friday following its adjournment to each person owning property on which action was taken and to the
clerk of the affected local board of equalization. (May 8, 2015)
CONSOLIDATED BOARD OF EQUALIZATION
ALL BOARD MINUTES WILL BE REVIEWED BY THE DEPARTMENT OF REVENUE. THE
SECRETARY OF REVENUE HAS THE POWER TO REVIEW AND INVALID ANY ACTIONS FOR
WHICH THERE IS NO LEGISLATIVE AUTHORITY.
PLEASE NOTE: Appeal to the consolidated board must be perfected by mailing or by filing
a written notice of appeal with the clerk of the local board. Filing means “in the hands” of
the clerk. Postmarked by the deadline is considered timely mailing.
Any lessee responsible for payment of taxes pursuant to the provisions of a lease shall be
considered the taxpayer and may also appeal the valuation, classification, and taxable
status of the property.
Any county, municipality, school, and township may agree by reso lution to consolidate the local board of
equalization with the county board of equalization no later than the second Tuesday of November. The
resolution shall state the number of members from each governing board that will sit as a consolidated
board of equalization.
COMPOSITION
The consolidated board consists of the county commissioners and members from the local board of
equalization, which may include township supervisors or city commissioners, and school board members.
TIME AND PLACE OF MEETING
The consolidated board of equalization begins meeting on the second Tuesday in April and must
complete its work no later than three weeks after the second Tuesday in April. The consolidated board
meets at the location agreed upon by the governing bodies.
DUTIES
The consolidated board of equalization may:
(1) Correct clerical errors of the assessment roll;
(2) Hear appeals from individuals regarding aggregate assessments, classification and
equalization; and
(3) Equalize between taxing districts and between classes of property. The board shall raise or
lower, if necessary, each class of property on a percentage basis covering the class as a
whole within the assessment district.
VOTING BY CONSOLIDATED BOARD
Municipal, school and township board members may participate and vote only regarding property
within the boundaries of each member’s respective taxing district. The county commissioners shall
be a majority of the members eligible to vote on the property valuation in question.
A consolidated board of equalization SHALL NOT act on matters that are within the jurisdiction of the
county board of equalization. The actions that are within the jurisdiction of the county board of
equalization jurisdiction are actions on exempt property and owner-occupied status.
BEFORE A VALUE CAN BE INCREASED - notice has to be given to the property owner to allow him/her
a chance to appear before the board to discuss the change.
BEFORE A PROPERTY CAN BE ADDED TO THE ASSESSMENT ROLL - notice has to be given to the
property owner to allow him/her a chance to appear before the board to discuss the addition.
The consolidated board DOES NOT HAVE THE AUTHORITY to raise or lower the assessment of an
individual parcel of property if it would cause the county board to reassess all property within the taxing
district.
The consolidated board DOES HAVE THE DUTY to ensure all property is listed on the assessment roll.
The consolidated board of equalization shall give written notice of its decision to be postmarked on or
before the Friday following its adjournment to each person owning property on which action was taken.
(May 8, 2015)
OFFICE OF HEARING EXAMINERS
A publication explaining the proceedings is available to anyone appealing to the OHE. It will be sent to
property owners and counties when their hearings are scheduled.
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 2015-0034,Version:1
Chamber of Commerce Report
City of Brookings Printed on 1/22/2015Page 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 15-010,Version:1
Action on Resolution 15-010, a Resolution Awarding Bids on 2015-04STI, 26th Street South and Main
Avenue South Traffic Signal Project.
Summary:
This resolution will award bids for 2015-04STI, 26th Street South and Main Avenue South Traffic
Signal Project.
Background:
This project is a traffic signal project which will be constructed at the intersection of 26 th Street South
and Main Avenue South. The project includes LED traffic signals with mast arms, curb ramps,
conduit, emergency vehicle preemption, pedestrian push buttons and countdown timers. The project
was designed by HDR Engineering of Sioux Falls.
The bid letting for this project was held on Tuesday, January 20, 2015 in the Brookings City & County
Government Center and the City received the following bids:
Action Electric Company, Sioux Falls, SD $165,363.93
Muth Electric, Inc., Mitchell, SD $168,878.90
Engelstad Electric Company, Watertown, SD $174,969.15
The low bid of $165,363.93 is approximately 16% lower than the HDR Engineering estimate of
$196,269.50.
Action Electric Company did not initial on their bid proposal that they acknowledged receipt of the
addendum for this project. The addendum involved instructions that bagging of the signal heads on
the east side of the intersection would not be necessary. The addendum was instructional in nature
and did not involve any changes to bid item quantities. City Attorney Steve Britzman reviewed this
issue and indicated the minor irregularity does not affect the fairness of the bidding process and can
be waived.
Fiscal Impact:
This project will be funded from the Main Avenue South construction budget.
Recommendation:
Recommend awarding the project to Action Electric Company for the low bid of $165,363.93.
Attachments:
Resolution
City of Brookings Printed on 1/22/2015Page 1 of 1
powered by Legistar™
Resolution No. 15-010
Resolution Awarding Bids for 2015-04STI, 26th Street South and Main Avenue
South Traffic Signal Project
Whereas, the City of Brookings opened bids for the 2015-04STI, 26th Street South and
Main Avenue South Traffic Signal Project on Tuesday, January 20, 2015 at 1:30 pm at
the Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for the 2015-04STI, 26
th
Street South and Main Avenue South Traffic Signal Project: Action Electric Company,
Sioux Falls, SD: $165,363.93, Muth Electric, Inc., Mitchell, SD: $168,878.90 and
Engelstad Electric Company, Yankton, SD: $174,969.15.
Now Therefore, Be It Resolved that the project be awarded to Action Electric Company
for the low bid of $165,363.93.
Passed and approved this 27th day of January, 2015.
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 14-029,Version:2
Public Hearing and action on Ordinance 14-029, an Ordinance Revising Division 3 of Chapter 82 of
the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones on Main Avenue
South in the City of Brookings.
Summary:
This ordinance will change the speed limit on Main Avenue South to 35 miles per hour between 20th
Street South and 32nd Street South.
Background:
Main Avenue South between 20th Street South and 26th Street South was reconstructed this year.
The speed limit on Main Avenue South was changed to 35 miles per hour from approximately 1,300
feet north of 32nd Street South to 20th Street South. City and County staff are proposing 4-way stop
signs be installed at the intersection of Main Avenue South and 32 nd Street South. Since vehicles
would be stopping at the stop signs, staff recommends the speed limit be changed to 35 miles per
hour on Main Avenue South, from 32nd Street South to the north. This ordinance will revise Division
3 of Chapter 82 to modify the speed limit of Main Avenue South to 35 miles per hour north of 32 nd
Street South.
Fiscal Impact:
None
Recommendation:
Recommend approval of the ordinance.
Attachments:
Ordinance
City of Brookings Printed on 1/22/2015Page 1 of 1
powered by Legistar™
Ordinance 14-029
An Ordinance Revising Division 3 of Chapter 82 of the Code of Ordinances
of the City of Brookings and Pertaining to Speed Zones on Main Avenue South
in the City of Brookings, South Dakota
Be It Ordained by the City of Brookings that Section 305 of Division 3 of Chapter 83 of the Code
of Ordinances of the City of Brookings be amended to read as follows:
Sec. 82-305. Speed zones.
(d) The following speed limits are established for the streets and portions of streets
enumerated as follows:
Street Extent Speed
Main Avenue South From 175 feet south of 1
st Street South to 32
nd Street South
3,960 feet south of 20
th Street South 35
Medary Avenue From 325 feet north of North Campus Drive to US Highway
14 Bypass 35
From US Highway 14 Bypass to the north city limits 45
Medary Avenue South From 70 feet south of 16th Street South to the south city limits 35
22nd Avenue From US Highway 14 Bypass to the south city limits 35
8th Street South From the west city limits to 22nd Avenue South 35
20th Street South From Main Avenue South to 22nd Avenue South 35
34th Avenue From US Highway 14 to US Highway 14 Bypass 35
34th Avenue From US Highway 14 to the south city limits 35
US Highway 14 From the west city limits southeasterly to a point 55
1,560 feet northwesterly of the intersection
of US Highway 14 and Western Avenue
From 1,560 feet northwesterly of Western Avenue to
100 feet northwesterly of Western Avenue 40
From 100 feet Northwesterly of Western Avenue
To 370 feet east of 17th Avenue 30
From 370 feet east of 17
th Avenue to 428 feet
west of Lefevre Drive 35
From 428 feet west of Lefevre Drive to the east city limits 45
US Highway 14 Bypass From the west city limits to the east city limits 55
West 2nd Street South From Western Avenue to Division Avenue 35
Western Avenue From West 2nd Street South to north city limits 35
Western Avenue South From West 8th Street South to south city limits 35
West 20th Street South From Main Avenue South to west city limits 35
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: December 9, 2014
Second Reading: January 27, 2015
Published: January 30, 2015
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
Ordinance 14-029
An Ordinance Revising Division 3 of Chapter 82 of the Code of Ordinances
of the City of Brookings and Pertaining to Speed Zones on Main Avenue South
in the City of Brookings, South Dakota
Be It Ordained by the City of Brookings that Section 305 of Division 3 of Chapter 83 of the Code
of Ordinances of the City of Brookings be amended to read as follows:
Sec. 82-305. Speed zones.
(d) The following speed limits are established for the streets and portions of streets
enumerated as follows:
Street Extent Speed
Main Avenue South From 175 feet south of 1
st Street South to 32
nd Street South 35
Medary Avenue From 325 feet north of North Campus Drive to US Highway
14 Bypass 35
From US Highway 14 Bypass to the north city limits 45
Medary Avenue South From 70 feet south of 16th Street South to the south city limits 35
22nd Avenue From US Highway 14 Bypass to the south city limits 35
8th Street South From the west city limits to 22nd Avenue South 35
20th Street South From Main Avenue South to 22nd Avenue South 35
34th Avenue From US Highway 14 to US Highway 14 Bypass 35
34th Avenue From US Highway 14 to the south city limits 35
US Highway 14 From the west city limits southeasterly to a point 55
1,560 feet northwesterly of the intersection
of US Highway 14 and Western Avenue
From 1,560 feet northwesterly of Western Avenue to
100 feet northwesterly of Western Avenue 40
From 100 feet Northwesterly of Western Avenue
To 370 feet east of 17th Avenue 30
From 370 feet east of 17
th Avenue to 428 feet
west of Lefevre Drive 35
From 428 feet west of Lefevre Drive to the east city limits 45
US Highway 14 Bypass From the west city limits to the east city limits 55
West 2nd Street South From Western Avenue to Division Avenue 35
Western Avenue From West 2nd Street South to north city limits 35
Western Avenue South From West 8th Street South to south city limits 35
West 20th Street South From Main Avenue South to west city limits 35
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: December 9, 2014
Second Reading: January 27, 2015
Published: January 30, 2015
CITY OF BROOKINGS, SD
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 15-001,Version:2
Public hearing and action on Ordinance 15-001, an Ordinance on a petition to rezone Lot 11, Block
10, Moriarty Fourth Addition from a Residence R-1B District to a Residence R-1C District.
Proposal: Rezone one large lot to a higher density, single-family residential district
Background: This area was zoned for low and high density residential development in 2002. Lot
areas vary in size considerably not only due to the different zoning districts but also due to the
developers desire to create a mixed-use and mixed-income neighborhood. Lot areas range in size
from 6,000 to 17,480 square feet. Minimum lot area regulations are 6,000 square feet in the R-3
District and 10,000 square feet in the R-1B District.
Specifics: Lot 11 is currently the largest single-family residential lot in the immediate neighborhood.
It is bordered by three streets on the north end of Block 10. The shape of Block 10 is somewhat
unique. The lot contains 17,480 square feet of area. The R-1B District regulations prevent the lot
from being split since 20,000 square feet would be needed to establish two buildable lots with 10,000
square feet each. The developer is proposing to rezone Lot 11 to the Residence R-1C District. This
would preserve the single-family dwelling use but would also allow the owner to replat the lot into two
lots that would meet the minimum R-1C District area regulations for square footage. The resulting
lots, proposed as lots 11A and 11B, would contain 9,302 and 8,178 square feet of area, respectively.
Recommendation:
The Planning Commission voted 7 yes and 0 no to recommend approval of the rezoning request as
presented.
Attachments:
Ordinance
Rezoning Notice
Planning Commission Minutes
Rezone Map
Aerial Map
Residence R-1C Regulations
Location Map
City of Brookings Printed on 1/22/2015Page 1 of 1
powered by Legistar™
Ordinance No. 15-001
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 11, Block 10, Moriarty Fourth Addition
be and the same is hereby rezoned and reclassified from a Residence R-1B 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:January 13, 2015
Second Reading and Adoption:January 27, 2015
Published:January 29, 2015
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@70059826\@BCL@70059826.doc
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 Paul E. Moriarty has submitted a petition to
rezone the following described real estate in the City of Brookings, in Brookings County,
South Dakota:
Lot 11, Block 10, Moriarty Fourth Addition from a Residence R-1B 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, December 2, 2014, 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 21st day of November, 2014.
____________________________
Dan Hanson
Planning & Zoning Administrator
PLANNING COMMISSION MEETING – DECEMBER 2, 2014
MINUTES AND SUMMARY EXCERPT
Hearing and action on a petition to rezone Lot 11, Block 10, Moriarty Fourth
Addition from a Residence R-1B District to a Residence R-1C District
OFFICIAL MINUTES
Paul Moriarty has submitted a petition to rezone Lot 11, Block 10, Moriarty Fourth
Addition from a Residence R-1B District to a Residence R-1C District.
(Gregg/Heuton) Motion to approve the rezoning as presented. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Hanson stated that the area was zoned for low and high density residential uses in
2002. Lot areas ranged from 6,000 to 17, 840 square feet. Lot 11 was a large lot in
the R-1B District. However, it was not large enough to be split into two lots that met the
minimum lot area requirements. The proposed R-1C District would allow the lot to be
split so a single-family dwelling could be constructed on each lot. The new lots would
be approximately 8,000 and 9,000 square feet in area.
Paul Moriarty, owner of the property, was available to answer questions. Pierce asked
what the lot sizes were for the two adjacent lots to the south. Moriarty was not sure.
Hanson, replied that the lots had about 11,000 square feet of area.
Dan Carter, Brian Ahlers, and Travis Mosley, all neighborhood residents, supported the
rezoning provided the lot, or proposed two lots, could only be used for single-family
dwellings. Hanson noted that the R-1C and R-1B Districts only allowed a single-family
dwelling by right. DeKraai remarked that the decision on the rezoning pertained to lot
11 and the future replatting of the lot was another issue. Fargen supported the rezoning
since the allowed uses and density would be compatible with the neighborhood.
Sec. 94-125.5 RESIDENCE R-1C SINGLE-FAMILY
(a) Intent.This district is intended to provide for areas of residential use with a gross
density of approximately six dwelling units per acre or less. The district permits single-
family dwellings and supportive community facilities such as parks, playgrounds, schools,
and churches.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in
this title, when referred to in this section, are the district regulations of the Residence R-1C
Single-Family District.
(c) Permitted Uses.Single-family dwelling including accessory uses incidental thereto
such as private garages, parking areas, etc.
(d) Permitted Special Uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
1. All permitted special uses and conditions as stated in Section 94-124(d) (R-1A).
2. Private school of general instruction.
a. One of the frontages of the premises shall abut upon an arterial or collector
street.
3. Family day care.
a. Restricted to 12 or less children at any one time.
(e) Conditional Uses.
1. Retirement or nursing home
2. Two family dwelling
3. Group home
4. Major home occupation
5. Public recreation facility
6. Bed and breakfast establishment
(f) Density, Area, Yard and Height Regulations.
The R-1C District regulations shall be as follows:
Per Min Min Min Min Min Max
Unit Lot Lot Front Side Rear Hgt
Density Area Width Yard Yard Yard
Sq.Ft.Sq.Ft.
Single-Family 7,500 7,500 50'25'7'25'35'
Two-Family 5,625 11,250 75'25'7'25'35'
Other Allowable Uses 10,000 75'25'10'25'35'
Density per family requirements shall not apply to dormitories, fraternities, sororities,
nursing homes or other similar group quarters where no cooking facilities are provided in
individual rooms
(g) Accessory Uses. Accessory uses and building permitted in the R-1C District are
buildings and uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-1C District shall be
in conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-1C District shall be in conformance with the
regulations set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-1C District shall be in conformance
with the regulations set forth in article II of this chapter
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 14-113,Version:2
TABLED ITEM: Public hearing and action to approve Resolution 14-113, a Resolution authorizing
the placement of 4-Way Stop Signs at the Intersection of 32nd Street South and Main Avenue South.
12/9/2014 City Council Meeting Minutes:Resolution 14-113. A motion was made by Council
Member Kubal, seconded by Council Member Thorpe, that Resolution No. 14-113, a Resolution
authorizing the placement of 4-Way Stop Signs at the Intersection of 32nd Street South and Main
Avenue South be approved. Public Comment: M.K. Hugghins, Paul Moriarty, Lonnie Ammann.
A motion was made by Council Member Hansen, seconded by Council Member Corbett, to table
Resolution 14-113 to the January 27, 2015 City Council Meeting. The motion carried by the following
vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Summary:
This Resolution will authorize the placement of 4-way stop signs at the intersection of 32 nd Street
South and Main Avenue South.
Background:
The City installed temporary 4-way stop signs at the intersection of 32nd Street South and Main
Avenue South during the Main Avenue South construction project to facilitate detour traffic. City and
County staff met to study the intersection to determine if the 4-way stop signs should remain
permanently at the intersection. The north side of the intersection is in the City of Brookings
jurisdiction and the south side is in Brookings County jurisdiction.
The current intersection has limited visibility to the south due to a privacy fence and evergreen trees
on the east side and a tree grove on the west side of Main Avenue South. A typical car or pickup
approaching the intersection from the east or west is required to drive ahead of the stop signs to
have better visibility to the south.
Staff reviewed the warrants in the Manual of Uniform Traffic Control Devices, Section 2B.07, Multi-
Way Stop Intersections.Even though the traffic counts and crash data criteria were not met, other
criteria in Section 2B.07 of the MUTCD was reviewed:
“Option: Other criteria that may be considered in an engineering study include:
A. The need to control left turn conflicts
B.The need to control vehicle/pedestrian conflicts near locations that generate high
pedestrian volumes
C.Locations where a road user, after stopping, cannot see conflicting traffic and is
not able to negotiate the intersection unless conflicting cross traffic is also required
to stop; and
D. An intersection of two residential neighborhood collector (through) streets of similar
design and operating characteristics where multi-way stop control would improve traffic
operational characteristics of the intersection”
City of Brookings Printed on 1/22/2015Page 1 of 2
powered by Legistar™
File #:RES 14-113,Version:2
Staff determined that the warrant for Option C would be met due to the limited visibility to the south of
the intersection. Option D would also be met during peak traffic times. In addition, numerous
residents in the River Ridge Addition emailed their support of the 4-way stop signs at the intersection.
Since the intersection of 32nd Street South and Main Avenue South is both City and County
jurisdiction, the Brookings County Commission will hold a public hearing on an ordinance to approve
the installation of the 4-way stop sign. The permanent stop signs will be installed after both entities
have given approval.
Fiscal Impact:
Upon approval of the 4-way stop signs, the City and the County will each purchase two stop signs
with solar-powered LED blinking lights for this intersection to enhance night-time visibility. The cost
to the City and the County will be approximately $2,900 each.
Recommendation:
Recommend installing 4-way stop signs at the intersection of 32nd Street South and Main Avenue
South.
Attachments:
Resolution 14-113
Map - stop sign placement
Traffic study memo 1/27/15
Traffic study map 1/27/15
Resident responses 1/27/15
City of Brookings Printed on 1/22/2015Page 2 of 2
powered by Legistar™
Resolution 14-113
A Resolution authorizing the placement of 4-Way Stop Signs at the
Intersection of 32nd Street South and Main Avenue South
Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides
for approval by the City Council for placement of stop signs in locations other than
along through streets; and
Whereas, Representatives from the City of Brookings and from Brookings County have
met and agreed that placement of 4-way stop signs at the intersection of 32nd Street
South and Main Avenue South would benefit the general welfare and safety of the
citizens of Brookings.
Now, Therefore, Be It Resolved that the City Council approves the placement of 4-way
stop signs at the intersection of 32
nd Street South and Main Avenue South.
Passed and approved this 27th day of January, 2015.
CITY OF BROOKINGS
___________________________________
Tim Reed, Mayor
ATTEST:
_____________________________________
Shari Thornes, City Clerk
MEMO
TO: Mayor, City Council and Jeff Weldon
FROM:Jackie Lanning, PE, City Engineer
RE:12/19/14 Traffic Study at Main Avenue South and 32nd Street South
DATE:January 16, 2015
Traffic Study
The City engineering staff conducted traffic counts at the intersection of Main Avenue
South and 32nd Street South. The traffic count was performed on Friday, December 19,
2014 between 7:30 AM and 9:00 AM. The peak hour on that day was between 7:30 AM
and 8:30 AM. A total of 372 vehicles drove through the intersection in the peak hour,
and the attached map shows the number of vehicles travelling in each direction. Of the
372 total vehicles in the peak hour, 109 vehicles entered the intersection from the west
on 32nd Street South (about 30%) and 188 vehicles entered the intersection from the
south on Main Avenue South (about 50%). The 4-way stop signs would improve the
functionality of the intersection, especially for vehicles on the west side of the
intersection.
I also studied the future traffic growth in this area. The Brookings Area Master
Transportation Plan shows the average daily traffic (ADT) counts taken in 2010 to be
3,710 on Main Avenue South, north of 32nd Street South and 1,130 ADT on the east
side of the intersection. The 2020 ADT projections show 6,120 on Main Avenue South,
north of 32nd Street South and 2,630 on the east side of the intersection. The master
plan did not have traffic counts or projections on the west side of the intersection. The
master plan indicates traffic will continue to grow in this area, especially as development
occurs.
I support the 4-way stop signs at the intersection of Main Avenue South and 32nd Street
South due to the limited visibility on the south side of the intersection. The stop signs
will also improve functionality of the intersection during peak traffic times especially as
traffic increases in the area.
Traffic Safety Recommendation
The Traffic Safety Committee discussed the 4-way stop signs at this intersection at their
meeting on Thursday, January 15, 2015. After discussion, the committee voted
unanimously to recommend the 4-way stop signs at the intersection of Main Avenue
South and 32nd Street South.
The following is an excerpt from the unapproved minutes of the meeting:
BROOKINGS TRAFFIC SAFETY COMMITTEE
City & County Government Center
Thursday, January 15, 2015
12:10 p.m.
The Brookings Traffic Safety Committee held its monthly meeting on Thursday, January
15, 2015, at 12:10pm in the City & County Government Center Suite 230, Room 241.
Members Present: Skip Webster, Jackie Lanning, Carol Rettkowski, Jeff Miller, Becky
Schmieding, Shayn Damm, Tony Sonnenburg and Brian Lueders.
Members Absent: Gary Gramm, Tim Heaton, Pete Kirchhevel. Gregg Jorgenson, John
Howard, and James Weiss.
New Business:
Discussion on request for 4-way stop signs at Main Avenue South and 32nd Street
South
Webster introduced the item and said visibility is the main concern at this intersection.
Damm mentioned on the southeast corner, the property owner has a privacy fence and
evergreen trees making visibility difficult. Lanning indicated the property owner allowed
the County staff to trim the trees in line with the fence which they did. Lanning
described that the south half of the intersection was in County jurisdiction and the north
half was in the City jurisdiction. Damm asked if the County had codes for sight triangles
and Lanning did not believe the fence or trees protruded into the sight triangles. The
committee discussed the current speed limit, which is 45 mph at the intersection.
Lanning said City staff would recommend changing the speed limit to 35 mph from 32nd
Street South to the north if the 4-way stop signs were approved. Lanning also
mentioned that the Brookings County Commission approved the 4-way stop signs
contingent upon the City approving them. Lanning also described the emails from River
Ridge Addition where all but one response supported the 4-way stop sign. Miller asked
Webster how people in the Lake Campbell area thought about the issue. Webster said
for true safety, they felt the fence was the culprit. He suggested on the southeast
corner of the intersection that one large tree be removed and the fence be removed and
angled in the corner to improve safety. He said that would be an issue for the County to
work on. The committee further discussed the southeast corner. Webster liked the idea
of flashing stop signs and stated the 4-way stop signs were important. Sonnenburg
stated lowering the speed limit would also be good with the 4-way stop signs. Lueders
made a motion to recommend making the 4-way stop signs permanent, seconded by
Schmieding. All present voted aye. Motion passed.
This survey was done over a 24 hour period from Nov. 11 to Nov. 12, 2014. It
was done in River Ridge of Brookings, SD. It asked the question: “What do
you think the future of the 4 way stops on 32ne St. and US 77 should be?” I
cut and pasted responses in the order they were received. Here are 41
responses from 59 households.
Denny Carmichael, Pres. Of River Ridge Road District
I don't believe it is necessary partly due to the fact that it is not very close to the new school and
not an effective way to slow traffic. A typical car could easily be exceeding the speed limit long
before reaching the school after making a complete stop. You also are stopping a lot of vehicles
unnecessarily just to control the north bound traffic during a short period in the morning and
afternoon for school traffic. Isn't this what the new turning lanes were built for. Also, keep in
mind that for any years there won't be ant foot traffic by the school. The four way stop won't
affect me much since I generally travel east and west. By the way, at this time the intersection
isn't marked as a 'Four Way Stop'.
As you have guessed, not a fan of the 4-way stop.
I would like to keep the 4 way stop as is.
I would also suggest "cross traffic does not stop" signs be placed at the 22nd & 32nd intersection
(north/south bound). I've had cars pull out as I was approaching the intersection from the east, with no
intention to turn.
Best regards,
Charlie.
I think that having the 4-way stop is much safer and would like to see it stay as is. There have
been some serious accidents there and at least one life lost in the time that we have been here.
I would really like to see the 4 way stay. It makes it safer in the mornings with the traffic coming into town. I also think
the speed limit should stay at 35 until after our corner, it doesn't make much sense to speed up for a few hundred feet
and then stop or slow down, depending on which way you are going.
Thank you for bringing this to their attention and for asking our input.
Janice Nielsen
I like the 4 way stop.... Seems safer.
I think it should stay. It is much safer this way.
Amy Button
We like the 4 way stop. We have seen several accidents at that corner over the last 18 years
that we have lived in River Ridge.
Thanks,
Nancy Hieb
I agree, the 4 way stop seems safer.
The 4 way stop is much safer than the way it was. Especially when the trees on the southwest corner
hang over
I personally like the 4 way stop. I have slid through the stop sign once by myself, once with my
kids in the car, and my wife slid through once while our kids were in the car. It doesn't matter
how careful you are, even on a decent day, you can slide through that stop sign, and with all of
the construction going on at the school, plenty of semi's are going to be coming past that
intersection. A semi coming at 45 mph doesn't care that I was careful coming down that hill, but
I'm still sliding through that stop sign with my kids in the vehicle.
My wife and I have been lucky no one was coming through that intersection when we slide
through. In my opinion, it's not a matter of if, but when someone is killed because they couldn't
stop going down that hill and a semi happened to be coming through the interestion.
Jared Horn
3334 Aspen Ave.
It’ll relieve some uneasiness going down that hill in icy conditions and knowing that if there is an issue
we won’t be T-boned by a car traveling 50MPH. Safer for everyone traveling in any direction.
Casey
Put the 45 mph speed limit sign south of the intersection and keep the 4-way stop.
Eckhard
Denny:
The area south past 32nd street through the S curve is more
residential and congested then the area between the road into the
new school and 32nd street. It makes no sense at all to have the
speed limit INCREASE just prior to the 32nd street intersection
as people come from the north. People then are blowing through
this intersection at 50 mph +.
Best option- change the speed limit increase to 1/4 mile
SOUTH of the 32nd street intersection instead of the 1/4 mile
North where it is now. Then also leave the 4 way stop signs in
place permanently
Denny,
Thanks for alerting us to the meeting Marty is having. We appreciate you keeping us in the loop.
I agree with Charlie, in that I would like to see the 4-way stop signs remain. The traffic can be
very busy at certain times of the day. Near misses occur at that intersection often. The cars
coming from the South, West and East have obstructed views at that corner. The only clear view
is if you are coming from the North.
If the stop signs were to remain, I would hope the location of the 45 mph speed limit sign would,
also, be relocated and begin South of the 4-way stop.
Having the bike path extended to that corner is AWESOME! From our experience, crossing that
intersection can be difficult on a bike, and riding on the highway the 1 1/2 miles to the "Nature
Park" can be a "hair raising" experience with the traffic.
Next summer, there will hopefully be adults and CHILDREN taking advantage of the bike path.
I know we will. The thought of bikes crossing that intersection, trying to dodge the traffic to get
onto the bike path, is worrisome to us. Having the 4-way stop signs there would help.
Thanks for doing such a good job as our River Ridge Road District President. We really do
appreciate everything you do.
Kathy Zens
I love the 4 way stop!!
YES!!! A 4 WAY STOP there is important! Thanks.
I will be meeting with the group on Friday morning. I will do my best to keep the four way stop. I have
been lobbying for it for several weeks but seem to be losing the battle. Please feel free to contact either
Marty or me with your ideas.
Denny I am in favor of the four way stop also. My only suggestion would be to add the small
flashing red lights to the signs. My wife and I have seen multiple people drive right through the
intersection without stopping.
Thanks Brian Christianson
I'm also in favor of the 4way stop. If this is determined to be temporary something will need to
change prior to the new school opening as traffic will increase at this intersection.
Thanks,
Jesse
The C.Strands are in favor of the 4 way stop and 35 MPH to the stop sign
Chad Strand
(605)691-3400
I think it's even more important now that the bike path is out here... It is a very busy
intersection
I vote to keep 4 way as is. Corner is hard to see around on both sides with trees.
Jesse Peterson
BASF Innovation Specialist
250 Heather Lane W
Brookings SD 57006
605-651-3939
We drive that intersection every day for work and we feel the stop sign is important at that
intersection. As it is now I have had people from the south coast on through and without the stop signs
it would be VERY hard to make a left hand turn onto 77. We are for leaving the 4 way stop in place.
Thanks.
Kathie Weight
Senior Secretary
SDSU Extension
I am for the 4 way stop. Also I agree that we need a flashing light of some sort. My son and I were
riding our bike across that intersection on Saturday morning and a car blew right past without
stopping.
Dawn Weelborg
I hope we can keep the 4 way stop.
I agree with keeping the 4way stop signs. But also think that there needs to be something to
make them more visible. Much of the traffic going north/south barely pause if they stop at
all. With the bike trail, the stop signs need to be there.
Jessica
Add me to the number of those that are pro for the 4 way stop. All for the same reasons mentioned;
busier traffic on Main and the "safe" opportunity to cross Main on 32; the new bike trail needs to have
traffic stopped in order to get on and off of it safely; I also think a flashing lights need to be installed on
the tops of the signs, honestly to help me remember also.
I have to admit that I miss the 45 mph zip into town, but those days are gone. Change is hard, but it will
safe lives!
I have not seen anyone run the stop sign, but that absolutely terrifies me to think that it is happening.
Rhonda
Yes. Definitely would vote for keeping the stop signs. Flashing stop signs would be a fantastic
improvement.
I think of those times in the winter where the hill gets icy. I've seen a few times over the last
10 years where people going down the hill to the east are trying to stop and end up sliding right
through the stop sign. Each time I've been thankful that there hasn't been an accident with a
vehicle traveling North/South.
Denny, I like the stop signs and agree that it should be 35 to intersection
Thanks
The Hayne's are also in favor of keeping the four way stop, adding lights because as has been
stated, many blow through the stop signs from the north and south, and it needs to go to 45 after
the stop sign going south on main. It is ridiculous that it speeds up to the stop sign and in the
winter, many will slide through that if they speed up to only slam on the breaks when they see
the stop sign.
Laura
Yes, we are in favor of a 4-way stop as well! Flashing lights would be great! With the bike
path, there will be more pedestrians and cyclists crossing. Thank you for addressing this issue!
Aleycia Gerlach
Bob and I would like to see the 4-way stop sings kept and the speed limit kept at 35. Flashing lights
would be fine.
Bob and Marilyn
Kristy and I agree, the 4 way stop is important at that corner. We’ve seen people blow through it as well,
especially early on. If there is a way for a light to indicate it that would be great.
Even if statistics of the numbers cars that cross that intersection don’t warrant the 4 way stop, wisdom surely
does- with the icy hill as Aaron mentioned, having the bike path there now, and the future increased traffic
that we’ll see with parents dropping off/picking up kids once the school is built.
T.J. Carlson
FCA Sports Chaplain
(South Dakota State University/Brookings Area)
Brookings Area FCA
100 22nd Ave South
Brookings, SD 57006
Call/Text: 605-651-3592
www.JackrabbitFCA.org
I second that!
Gary Thomas
Principal
Hillcrest Elementary
Phone: 605-696-4600
Hello Denny,
Joyce and I certainly support making the 4-way stop permanent and feel there
needs to be a flashing light that alerts north and south bound drivers that they
have to stop.
Also, when driving east from River Ridge, at the intersection the view to the south
is obstructed and needs to be cleared.
Thanks for representing us.
Regards,
Joyce & Tom Campbell
3416 Oak Ln
Denny Carmichael and Stephne Miller,
We are in complete agreement with the recommendation for an ongoing 4-way Stop
with flashing Red Lights to make it more visible to drivers. An ongoing 35 mph limit also
is needed from town to a quarter-of-a-mile south of the 32nd Street South intersection.
Reasons:
Bikes and pedestrians using the bike path
Wintry conditions that make for sliding into the intersection despite careful, slow
driving heading east down the hill (This has happened to us more than once,
when to our horror, we could not stop.)
New elementary school placement is reason enough to require the 4-way stop
and a slower speed limit
Increased population growth to the south of town
Teen-age drivers especially need the constraints that the 4-way stop and 35 mph
limit provide
Sincerely,
John & Anna Brawand
The four-way stop is critical for safety.
Vance Owen
When we moved to the River Ridge in July, one of the first questions our children asked was if
they could ride their bikes on the highway. That was a definite "no" since they really did not
have a reason to go across or be on the road. However, now that the bike trail has been laid, I
know one of the first questions they are going to ask is if they can go ride their bikes on the bike
trail. I, as an adult, am excited as well. However, if there is going to be no way for us to cross
safely, I am going to be hesitant. Being only a couple of houses off of the road, I hear and see
how fast vehicles drive on 32nd. There needs to be speed limit and a speed limit that is
enforced. The four way stop is a must as well to maintain safety not only for the drivers when
the school opens but for pedestrians crossing to get onto the bike path.
Being the new person to the area, I notice that Brookings is a growing community. However, I
feel the safety of our citizens is often put aside in order to save money or at times ignored in
hopes it will just be forgotten. Having a speed limit on 32nd and a 4 way stop will hopefully
prevent any serious accidents, injuries, or loss of life. It will be a sad day when we have to say "I
wish we would have done that right away" or "a child died so we better do it now." The better
equipped we are to keep our community and its citizens safe, the better. It is better to be safe
than sorry then to have to live with requets later.
Cathy Strand
3210 Pine Avenue
I am very much in favor of 4-way stop with flashing red lights. The traffic from the south has
greatly increased in the past few years. We continue to
experience sporadic winter icy road conditions on 32nd street east to the stop sign on South
Main. This along with reduced visibility due to trees, increases risk of accidents.
Sheri Trudeau – Nurse Practitioner
Avera Clinic
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 2015-0054,Version:1
Report on Traffic Study of 32nd Street South and 22nd Avenue South.
12/9/2014 City Council Meeting:City Council Topics for Future Discussion.A motion was made by
Council Member Thorpe, seconded by Mayor Reed, that staff be directed to do a Traffic Study of
32nd Street South and 22nd Avenue South and investigate the need of a stop sign and report at the
January 27, 2015 City Council Meeting. Motion passes with the following vote: Yes: 7 - Reed,
Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Summary:
The City Engineer and Traffic Safety Committee recommend no change to the 2-way stop signs at
the intersection of 32nd Street South and 22nd Avenue South.
Background:
The City Engineer performed a traffic study on the intersection of 32nd Street South and 22nd Avenue
South to determine if 4-way stop signs would meet traffic warrants. The intersection currently has
good visibility from each direction and there are no trees or fences to block visibility. There does not
appear to be traffic congestion at the intersection. The warrants were reviewed from the Manual of
Uniform Traffic Control Devices, Section 2B.07, Multi-Way Stop Intersections.The traffic counts and
crash data criteria were not met, and other criteria in Section 2B.07 of the MUTCD were reviewed:
“Option: Other criteria that may be considered in an engineering study include:
1.The need to control left turn conflicts
2.The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian
volumes
3.Locations where a road user, after stopping, cannot see conflicting traffic and is not able to
negotiate the intersection unless conflicting cross traffic is also required to stop; and
4.An intersection of two residential neighborhood collector (through) streets of similar design
and operating characteristics where multi-way stop control would improve traffic operational
characteristics of the intersection”
Staff determined that the warrants were not met for 4-way stop signs at this intersection.
The Traffic Safety Committee discussed this issue at their meeting on Thursday, January 15, 2015.
After discussion, no motion was made to recommend any changes to the 2-way stop signs. The
following is an excerpt from the unapproved minutes of the meeting:
BROOKINGS TRAFFIC SAFETY COMMITTEE
City & County Government Center
Thursday, January 15, 2015
12:10 p.m.
The Brookings Traffic Safety Committee held its monthly meeting on Thursday, January 15, 2015, at
City of Brookings Printed on 1/23/2015Page 1 of 2
powered by Legistar™
File #:ID 2015-0054,Version:1
12:10pm in the City & County Government Center Suite 230, Room 241.
Members Present: Skip Webster, Jackie Lanning, Carol Rettkowski, Jeff Miller, Becky Schmieding,
Shayn Damm, Tony Sonnenburg and Brian Lueders.
Members Absent: Gary Gramm, Tim Heaton, Pete Kirchhevel. Gregg Jorgenson, John Howard, and
James Weiss.
Discussion on possible 4-way stop signs at 22nd Avenue South and 32nd Street South
Lanning described that the City Council discussed the intersection at 22nd Avenue South and 32nd
Street South and asked for a traffic study. Currently, 32 nd Street South is the through traffic route and
there are stop signs on the north and south sides of the intersection. Lanning indicated that a Bowes
Construction truck had a near-miss incident at the intersection and drove into the ditch to avoid a
north-south vehicle running the stop signs. The committee discussed that the visibility was good at
the intersection and vehicles should be able to see oncoming traffic. Schmieding said vehicles
should be able to see the stop signs especially during the daytime. Damm asked where 32nd Street
South went to the east, which is to 34th Avenue South. Webster and Schmieding both indicated that
no recommendation for a change was needed. No motion was made on this item.
Fiscal Impact:
None
Recommendation:
Recommend no change to the 2-way stop signs at the intersection of 22nd Avenue South and 32nd
Street South
City of Brookings Printed on 1/23/2015Page 2 of 2
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 15-007,Version:1
Public hearing and action on Resolution 15-007, a Resolution of Intent of the City of Brookings to
Lease Real Property to Civil Air Patrol, Inc.
Summary:
This resolution will authorize the City of Brookings to lease the Airport Terminal to the Civil Air Patrol,
Inc. for a period of five years.
Background:
The City would like to lease approximately 1,040 square feet of the Brookings Airport Terminal
building to the Civil Air Patrol, Inc. The Civil Air Patrol, Inc. is a non-profit organization and they have
been leasing the Airport Terminal since 2012. The City owns the airport terminal building which had
been vacant since commercial air service was discontinued. The City is proposing a five year lease
with Civil Air Patrol, Inc., from February 1, 2015 to December 31, 2019. The original lease rate was
$0.15 which is a similar rate that other airports in South Dakota are charging for non-profit
organizations, and the lease rate increased at 3% each year. The lease rate will be $170.42 for
2015, with an annual rate increase of 3% on January 1st of each year. Civil Air Patrol, Inc. will also
pay ½ of the utilities for the building and the City will cover the other ½ of the utilities since part of the
building houses FAA equipment and is not included in the lease space. The lease also includes a
clause where the lease may be terminated with a 30-day notice in the event the City may need the
building for commercial service or other use. A notice of the public hearing was published as
required.
The following state statutes would apply:
9-12-5. Powers - Lease or transfer of property for public purposes.
Every municipality shall have power to lease or sell or give and convey any personal or real property
of the municipality or perform any work or render any services, to the state or any public corporation
thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and
conveyance, or the performance of such work, to be authorized, made or done on the terms and in
the manner provided by resolution of the governing body.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease shall be for a term and
upon the conditions provided by resolution of the governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization.
If the governing body decides to lease any municipally owned property to any private person for a
term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual
value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public
hearing on the adoption of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the governing body
City of Brookings Printed on 1/23/2015Page 1 of 2
powered by Legistar™
File #:RES 15-007,Version:1
may proceed to authorize the lease upon the terms and conditions it determines.
Fiscal Impact:
The airport budget will receive revenue of $170.42 per month for 2015 which will increase by 3%
each year for the five year contract.
Recommendation:
Recommend approval of the lease.
Attachments:
Resolution
City of Brookings Printed on 1/23/2015Page 2 of 2
powered by Legistar™
Resolution 15-007
Resolution of Intent of the City of Brookings to Lease Real Property
to Civil Air Patrol, Inc.
Be it resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Civil Air Patrol, Inc. for a period of
five years, commencing on February 1, 2015 and ending December 31, 2019 and
pertaining to the following described property: approximately 1,040 square feet in the
Brookings Airport Terminal Building in Section 26-T110N-R50W, City of Brookings,
South Dakota.
The Lease will be in the amount of one hundred seventy dollars and forty-two cents
($170.42) per month, payable by the first day of each month. The lease amount will be
increased 3% beginning on January 1
st of each year. The Lessor or Lessee may
terminate this Lease with a notice of 30 days.
Be it further noted, that a Public Hearing on this Resolution was held on January 27,
2015 at 6:00 o’clock P.M. at the Chambers at the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Passed and approved this 27
th day of January, 2015.
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 15-008,Version:1
Action on Resolution 15-008, a Resolution Rescinding Resolution 116-89 and pertaining to a Petition
To Vacate a street located North of Eighth Street and adjacent to property formerly platted as Block
One (1), University Addition to the City of Brookings.
Summary:
This resolution will rescind Resolution 116-89.
Background:
The City adopted Resolution 116-89 on December 19, 1989, which vacated a street located north of
Eighth Street and adjacent to property formerly platted as Block One (1), University Addition to the
City of Brookings and the resolution was filed for Record on December 20, 1989, in Misc. Records,
Book 118, Pages 791-794. It was discovered that the original Petition To Vacate the above-
described street was not signed by a necessary party, namely Alpha Phi-Alpha Gamma Rho Alumni
Association. Rescinding Resolution 116-89 will correct the street vacation.
This resolution, upon filing in the office of the Register of Deeds, will terminate the previous street
vacation described above, and will allow the interested parties to proceed with further procedures to
petition for an appropriate street vacation.
Fiscal Impact:
None
Recommendation:
Recommend approval of the Resolution.
Attachments:
Resolution 15-008
Resolution 116-89 to be rescinded
Map of Resolution 116-89
City of Brookings Printed on 1/22/2015Page 1 of 1
powered by Legistar™
Resolution No. 15-008
A Resolution Rescinding Resolution No. 116-89 And Pertaining To A Petition To Vacate
A Street Located North Of Eighth Street And Adjacent To Property Formerly Platted As
Block One (1), University Addition To The City Of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, Resolution 116-89, which is a Resolution vacating a street located north of
Eighth Street and adjacent to property formerly platted as Block One (1), University
Addition to the City of Brookings, was filed for Record on December 20, 1989, in Misc.
Records, Book 118, Pages 791-794; and
Whereas, it appears that the original Petition to Vacate the above-described street was
not signed by a necessary party, namely Alpha Phi-Alpha Gamma Rho Alumni
Association, and therefore the vacation of the above-described street requires additional
procedures to correct the street vacation; and
Whereas, this Resolution, upon filing in the office of the Register of Deeds, would
terminate the previous street vacation described above, and will allow the interested
parties to proceed with further procedures to petition for an appropriate street vacation,
Now therefore, it is hereby resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That City of Brookings Resolution No. 116-89, which accompanies this
Resolution, is hereby rescinded; and
B. The Mayor, City Manager, City Clerk and City Attorney are authorized to
file this Resolution and other documents necessary to effectuate this
Resolution.
Passed and approved on the 27
th day of January, 2015.
CITY OF BROOKINGS
ATTEST Tim Reed, Mayor
Shari L. Thornes, City Clerk
l~) RESOLUTION NO. 116-89,;.' Ar's ''-,\.~> WHEREAS, South Dakota State University, the4"sole aii3 Delusive—i owner of all that real estate abutting and ad^ining the/existingstreet located north of Eighth Street and adjap^nt'vto.Bloqk One (1),University First Addition to the City of Brookings, Counjty" ofBrookings, South Dakota, did through their representative, RobertWagner, President of South Dakota State University, file in the CityFinance Office of said City of Brookings, a petition to vacate theexisting street.WHEREAS, The City Finance Officer of the City of Brookings hasgiven due and legal notice of the time and place for hearing of saidpetition to vacate this street as described above, by publication ofsaid notice as required by SDCL Section 9-45-7, and 9-45-8, and saidpetition having regularly come on for hearing before the City Commis-sion of the City of Brookings on the nineteenth day of December, 1989,at the hour of 2:00 o'clock P.M., and no objections having been madeor filed by anyone to granting of said petition, and the City Commis-sion having carefully investigated the matter, and having consideredsaid petition and all the facts and evidence relating thereto, andbeing fully advised in the premise.NOW, THERE, BE IT RESOLVED BY the Board of City Commissioners ofthe City of Brookings:Section 1. That under and pursuant to the provisions of SDCLSection 9-45-7, 9-45-8, and 9-45-9, that a street located north ofEighth Street and adjacent to Block One (1), University First Additionto the City of Brookings, County of Brookings, South Dakota, shall beand the same is hereby vacated and closed.Section 2. That all Resolutions, Ordinances and Acts in conflictherewith are hereby repealed.Passed and approved this 19th day of December, 1989.ATTEST:MayorFinance Officer