HomeMy WebLinkAbout2025_05_13 CC PacketCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, May 13, 2025
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.
Present Certificate of Election and Oath of Office to re-elected City Council
Members Bonny Specker and Holly Tilton Byrne, and appointed City
Council Member Lisa Hager.
ID 25-02282.
Certificate of Election - Bonny Specker
Certificate of Election - Holly Tilton Byrne
Oath of Office - Bonny Specker
Oath of Office - Holly Tilton Byrne
Oath of Office - Lisa Hager
Attachments:
Present Oath of Office to new City Attorney J. Vincent Jones, with Woods,
Fuller, Shultz, and Smith P.C. Law Firm.
ID 25-02293.
Oath of Office - J. Vincent JonesAttachments:
4. Record of Council Attendance.
5. Action to approve the agenda.
6. Open Forum.
At this time, any member of the public may make a brief announcement or invitation, or
request time on the agenda for an item not listed. Items to be added to the agenda will
be scheduled at the end of the meeting. Individuals will state their name and city of
Page 1 City of Brookings
May 13, 2025City Council Meeting Agenda - Final
residence for the record. Public Comment is limited to a maximum of three minutes per
person. The comments and views expressed by the public are those of the speakers
and do not necessarily reflect the views or positions of the City of Brookings or City
Council.
7. 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. At the request of any one
Council Member or the City Manager, an item may be removed from the Consent Agenda
and placed on the regular agenda whenever additional discussion on an item is
necessary. Items removed from the Consent Agenda will be discussed at the beginning
of the formal items.
Action to approve City Council meeting minutes.ID 25-02267.A.
4/22/2025 CC MinutesAttachments:
Action to cancel the May 20, 2025 City Council Study Session.ID 25-02187.B.
Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders.
ID 25-01997.C.
Memo
SDCL 35-4-124
Attachments:
Action on Annual On-Off Sale Malt Alcoholic Beverage License Renewals.ID 25-02197.D.
Memo
Renewal List
Video Lottery List
Attachments:
Action on Resolution 25-040, a Resolution authorizing the Brookings
Summer Arts Festival Committee to have Exclusive Use of Pioneer Park.
RES 25-0407.E.
Memo
Resolution
Attachments:
Action on Resolution 25-046, a Resolution Awarding the Bid for Sign
Truck.
RES 25-0467.F.
Memo
Resolution
Bid Tab
Attachments:
8. Presentations/Reports:
Introduction of new / promoted City of Brookings employees.ID 25-01988.A.
Proclamation: Public Works WeekID 25-01778.B.
Page 2 City of Brookings
May 13, 2025City Council Meeting Agenda - Final
ProclamationAttachments:
Proclamation: Older Americans MonthID 25-02208.C.
ProclamationAttachments:
Reports: City Council Ex-Officio ReportsID 25-02278.D.
9. Contracts/Change Orders:
Action to Approve a Tax Increment Financing Agreement with Sixth St.
Development, LLC.
ID 25-02309.A.
Memo
Agreement
Project Plan
Attachments:
Action: Motion, Request Public Comment, Roll Call
Action on Resolution 25-049, a Resolution Authorizing the City Manager to
sign a Maintenance Agreement with Sixth Street Development, LLC.
RES 25-0499.B.
Memo
Resolution
Agreement
Attachments:
Action: Motion, Request Public Comment, Roll Call
10. Ordinance First Readings:
No vote is required on the first reading of an Ordinance. The title of the Ordinance is
read. Public Comment and Council discussion is permitted. The date for the second
reading or public hearing is announced.
Introduction and First Reading on Ordinance 25-008, an Ordinance
Amending Chapter 94, Article IV, Division 2, pertaining to Section 94-165
Commercial Corridor Design Review Overlay District. Public Hearing and
Action: May 27, 2025.
ORD 25-00810.A.
Memo
Ordinance - clean
Ordinance - marked
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Attachments:
11. Public Hearings and Second Readings:
REMOVE FROM THE TABLE: Public Hearing and Action on Ordinance
24-035, an Ordinance Amending Chapter 94, Article IV, Division 2,
pertaining to Section 94-163 Planned Development District (“PDD”).
ORD 24-03511.A.
Page 3 City of Brookings
May 13, 2025City Council Meeting Agenda - Final
Memo
Ordinance - clean
Ordinance - marked
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Attachments:
Action: Motion to Remove from Table, Roll Call
Action: Motion to Table to May 27, 2025 City Council Meeting, Roll Call
Legislative History
9/24/24 City Council read into the record
10/8/24 City Council tabled
Second Reading and Action on Ordinance 25-012, an Ordinance
amending Article III of Chapter 34 of the Code of Ordinances of the City of
Brookings, and pertaining to the International Fire Code.
ORD 25-01211.B.
Memo
Ordinance - clean
Ordinance - marked
Section 22-31
Attachments:
Action: Motion, Request Public Comment, Roll Call
Legislative History
4/22/25 City Council read into the record
Public Hearing and Action on a Special Event Temporary Alcoholic
Beverage Application from the Brookings Cubs Baseball Group for the
2025 Brookings Cubs Baseball Game Season.
ID 25-020511.C.
Memo
Legal Notice
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on a Special Event Temporary Alcoholic
Beverage Application for the Annual Brookings Volunteer Fire Association
Street Dance.
ID 25-020011.D.
Memo
Legal Notice
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on a request to transfer an On-Off Sale Malt
License, with video lottery authorization, for 2515 6th Street, from On In 2
LLC, dba Boss’ Pizzeria & Sports Bar, Dallas Wilkinson, owner, to Den
Wil Hospitality Group, Inc., dba The Lodge, Dennis Beilfeldt, owner. Legal
description: Block 12, Telkamp Addition.
ID 25-020111.E.
Page 4 City of Brookings
May 13, 2025City Council Meeting Agenda - Final
Memo
Legal Notice
City Code and SDCL References
Location Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on Resolution 25-048, a Resolution authorizing
the City Manager to enter into an Full Service On-Sale Restaurant Liquor
Operating Agreement for 2515 6th Street, Den Wil Hospitality Group, Inc.,
dba The Lodge, Dennis Bielfeldt, owner. Legal description: Block 12,
Telkamp Addition.
RES 25-04811.F.
Memo
Resolution
Operating Agreement
Legal Notice
Location Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on Annual Malt Alcoholic Beverage License
Renewals for establishments which have failed an alcohol compliance
check within the past 12 months.
ID 25-022511.G.
Memo
Notice
SDCL References
Video Lottery List
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
12. Other Business:
Action on the Economic Merger Implementation Plan.ID 25-023612.A.
Memo
Draft Implementation Plan
Attachments:
Action: Motion, Request Public Comment, Roll Call
13. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
14. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager
Page 5 City of Brookings
May 13, 2025City Council Meeting Agenda - Final
Brookings City Council Staff:
Paul M. Briseno, City Manager Bonnie Foster, City Clerk J. Vincent Jones, Attorney-at-Law, Woods, Fuller,
Shultz and Smith P.C.
Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of
residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email
comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will
become part of the official record and subject to review by all parties and the public. The comments and views
expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City
of Brookings or City Council.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
(Swiftel Channel 20 / MediaCom Channel 9)
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City
ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting.
Page 6 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0228,Version:1
Present Certificate of Election and Oath of Office to re-elected City Council Members Bonny Specker
and Holly Tilton Byrne, and appointed City Council Member Lisa Hager.
Summary:
Re-elected City Council Members Bonny Specker and Holly Tilton Byrne, and appointed City Council
Member Lisa Hager will take their Oath of Office, and be presented with their Certificates of Election.
Attachments:
Certificate of Election - Bonny Specker
Certificate of Election - Holly Tilton Byrne
Oath of Office - Bonny Specker
Oath of Office - Holly Tilton Byrne
Oath of Office - Lisa Hager
City of Brookings Printed on 5/8/2025Page 1 of 1
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BONNIE FOSTER, CITY CLERK
DATED AT BROOKINGS, SD, THIS 13TH DAY OF MAY, 2025
Bonny Specker
BONNIE FOSTER, CITY CLERK
DATED AT BROOKINGS, SD, THIS 13TH DAY OF MAY, 2025
Holly Tilton Byrne
BONNY SPECKER
OEPKE G. NIEMEYER, MAYOR
SUBSCRIBED & SWORN TO BEFORE ME THIS 13TH DAY OF MAY, 2025.
HOLLY TILTON BYRNE
OEPKE G. NIEMEYER, MAYOR
SUBSCRIBED & SWORN TO BEFORE ME THIS 13TH DAY OF MAY, 2025.
LISA HAGER
OEPKE G. NIEMEYER, MAYOR
SUBSCRIBED & SWORN TO BEFORE ME THIS 13TH DAY OF MAY, 2025.
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 25-0229,Version:1
Present Oath of Office to new City Attorney J. Vincent Jones, with Woods, Fuller, Shultz, and Smith
P.C. Law Firm.
Summary:
Newly appointed City Attorney, J. Vincent Jones, with Woods, Fuller, Shultz, and Smith P.C. Law
Firm, will take his Oath of Office.
Attachments:
Oath of Office - J. Vincent Jones
City of Brookings Printed on 5/8/2025Page 1 of 1
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Oath of Office
OfficeOfficeOffice
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 25-0226,Version:1
Action to approve City Council meeting minutes.
Attachments:
04/22/2025 City Council Minutes
City of Brookings Printed on 5/8/2025Page 1 of 1
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BROOKINGS CITY COUNCIL
April 22, 2025 (unapproved)
The Brookings City Council held a meeting Tuesday, April 22, 2025 at 6:00 PM, at the
Brookings City & County Government Center, Chambers, with the following City Council
members present: Mayor Oepke Niemeyer, Council Members Wayne Avery, Brianna
Doran, Bonny Specker, Holly Tilton Byrne, and Nick Wendell. City Manager Paul
Briseno, City Attorney Steve Britzman and City Clerk Bonnie Foster were also present.
Agenda. A motion was made by Council Member Specker, seconded by Council
Member Tilton Byrne, that the agenda be approved. The motion carried by the following
vote: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that the consent agenda be approved. The motion carried by
the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and
Wendell.
A. Action to approve the April 15, 2025 City Council Minutes.
B. Action on various Volunteer Board appointments: Airport Board: reappoint
Brady Klocker (term: 5/1/2025-5/1/2030); Human Rights Commission: new appointment
- Elena Friedman - College Student Representative (term: 5/1/2025-5/1/2026); Park &
Recreation Board: reappoint Erika Saunders (term: 5/1/2025-5/1/2025), Stacy Zerfas
(term: 5/1/2025-5/1/2025), and Brenda Anderson (term: 5/1/2025 -5/1/2025), new
appointment - Isabella Parks – High School Student Representative (term:5/1/2025-
5/1/2026); Planning Commission: new appointment - Emily Braun (term: 4/22/2025-
12/31/2027); Sustainability Council: new appointment - Madalynn Graham - College
Student Representative (term: 5/1/2025-5/1/2026); Utility Board: reappoint Spencer
Hawley (term: 5/1/2025-5/1/2030).
C. Action on Resolution 25-044, a Resolution declaring surplus property for
the City of Brookings.
RESOLUTION 25-044 - DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Landfill: Gray Desk; Electric Adjustable Desk; Lot of Filing Cabinets; File Slot
Organizers; 2012 Peterbilt 320 with Curbtender VIN #3BPZH58X2CF143813;
WHEREAS, in the best financial interest, it is the desire of the City of Brookings to
dispose of as surplus property; and
WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus
property.
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings,
SD, that this property be declared surplus property according to SDCL Chapter 6-13.
D. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders: Sodexo Catering (License Holder RB-28249
and RW -28251): SDSU TL25-047.
Proclamation and Recognition of City Attorney Steve Britzman. In recognition of
Steve Britzman’s retirement, Mayor Niemeyer presented a Proclamation declaring April
22, 2025 as Steve Britzman Day. Steve served the City of Brookings as City Attorney
from March 2000 - April 2025, and Deputy City Attorney: February 1983 - January 1997.
MAYORAL PROCLAMATION
WHEREAS, Steve Britzman has served the City of Brookings with wisdom, integrity,
and dedication—first as Deputy City Attorney from February 1983 to January 1997, and
then as City Attorney from March 2000 to April 2025; and
WHEREAS, Steve’s legacy is one of quiet leadership, deep knowledge of municipal law,
and tireless commitment to Brookings and the region; and
WHEREAS, Steve's legal guidance played a vital role in Brookings' development as a
regional hub, influenced by the presence of SDSU, economic diversification, and
innovative community development initiatives; and
WHEREAS, Steve offered valuable counsel during a period of significan t population
growth, as the city focused on strategic infrastructure enhancements and thoughtful
community planning; and
WHEREAS, through steady counsel, Steve helped the City of Brookings pursue its
inclusive vision with clarity and conviction—creating a vibrant, diverse, and welcoming
community that shines as a beacon of progress in SD; and
WHEREAS, through his unwavering dedication to public service, his deep involvement
in community organizations, and his servant leadership that uplifted all voices, Steve
has left an indelible mark on our city; his legacy of integrity, compassion, and inclusion
will be felt not only in our community but in the hearts of those he served—today and for
generations to come.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim Tuesday, April 22, 2025 as Steve Britzman Day.
Report: SDSU Student Association. Anna Hundt, SDSU Student’s Association
Government Affairs Chair, provided an update on SDSU current affairs.
Update: Economic Merger. Council Member Nick Wendell and Tom Fishback, Co-
Chairs of the Economic Merger Committee, provided an update on the economic
merger to the City Council and the public.
Report: Edgebrook Golf Course Water Sourcing. Kristin Zimmerman, Parks,
Recreation & Forestry Director, provided an update on the water sourcing for
Edgebrook Golf Course.
Resolution 25-034. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 25-034, a Resolution Authorizing the City
Manager to Sign a Bid Award and Grant Documents for Brookings Airport Hangar
Taxilane Extension Construction Project, AIP #3 -46-0005-040-2025, contingent on
FAA funding, be approved. The motion carried by the following vote: Yes: 6 - Avery,
Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-034 - RESOLUTION AUTHORIZING THE CITY MANAGER TO
SIGN A BID AWARD AND GRANT DOCUMENTS FOR BROOKINGS AIRPORT
HANGAR TAXILANE EXTENSION CONSTRUCTION PROJECT NO. AIP #3-46-0005-
040-2025
WHEREAS, the City of Brookings desires improvements to the Brookings Regional
Airport which include the extension of a Hangar Taxilane; and
WHEREAS, the South Dakota Department of Transportation and FAA have indicated
tentative approval of grant funding assistance for the Brookings Regional Airport Project
#3-46-0005-040-2025 (Project); and
WHEREAS, the FAA grant rules require the City of Brookings solicit and award a bid,
contingent on funding, prior to execution of a grant agreement; and
WHEREAS, the City of Brookings opened bids for the Project on Tuesday, April 15,
2025 at 1:30 pm at the Brookings City and County Government Center and received the
following bids: Bowes Construction Inc. $124,813.45 and Asphalt Surfacing Company
$133,544.32.
NOW, THEREFORE, BE IT RESOLVED the tentative award for AIP Project
#3-46-0005-40-2025, Airport Hangar Taxi Lane Extension Construction Project, Base
Bid is made to Bowes Construction Inc. in the amount of $124,813.45, contingent upon
receipt of FAA grant funds, and that the Brookings City Manager is authorized to sign all
grant documents and associated contracts to complete the Project.
Resolution 25-039. A motion was made by Council Member Wendell, seconded by
Council Member Specker, that Resolution 25-039, a Resolution Awarding Bids on 2025-
08STI Asphalt Maintenance Project, be approved. The motion carried by the following
vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-039 - RESOLUTION AWARDING BIDS ON PROJECT 2025-08STI
ASPHALT MAINTENANCE PROJECT
WHEREAS, the City of Brookings opened bids for 2025 -08STI Asphalt Maintenance
Project on Tuesday, April 15, 2025 at 1:30 pm at the Brookings City & County
Government Center; and
WHEREAS, the City of Brookings received the following bid for the 2025-08STI Asphalt
Maintenance Project: Bowes Construction, Inc, in the amount of $1,954,642.15.
WHEREAS, the low bid was approximately 30% lower than the Engineer’s Estimate.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the low bid of $1,954,642.15 for Bowes Construction Inc., be accepted.
2. The City Manager is authorized to sign the contract documents for this project
and any further contract documents and change orders which may be required.
FIRST READING – Ordinance 25-012. Introduction and First Reading was held on
Ordinance 25-012, an Ordinance amending Article III of Chapter 34 of the Code of
Ordinances of the City of Brookings, and pertaining to the International Fire Code.
Second Reading: May 13, 2025.
Resolution 25-041. A public hearing was held on Resolution 25 -041, a Resolution to
Annex Lots 1 and 2 in Clark 2nd Addition in the Southwest Quarter of Section 20,
Township 110, Range 49 in Brookings County, South Dakota. A motion was made by
Council Member Specker, seconded by Council Member Doran, that Resolution 25-041
be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran,
Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-041 - RESOLUTION TO ANNEX LOTS 1 AND 2 IN CLARK 2ND
ADDITION IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 110
NORTH, RANGE 49 WEST IN BROOKINGS COUNTY, SOUTH DAKOTA
WHEREAS, the City of Brookings is authorized pursuant to South Dakota Codified Law
9-4-1 to annex contiguous territory upon receipt of a written petition, describing said
territory sought to be annexed, signed by not less than three -fourths (3/4) of the legal
voters and by the owner or owners of not less than three -fourths (3/4) of the value of
said territory; and
WHEREAS, the City of Brookings has received a Petition for Annexation on the
following described property, to wit: Lot 1 of Clark 2nd Addition in the Southwest
Quarter (SW ¼) of Section Twenty (20), Township One Hundred Ten (110) North,
Range Forty-nine (49), West of the 5th P.M., Brookings County, South Dakota and Lot 2
of Clark 2nd Addition in the Southwest Quarter (SW ¼) of Section Twenty
(20),Township One Hundred (110) North, Range Forty-nine (49) West of the 5th P.M.,
Brookings County, South Dakota; and
WHEREAS, the aforementioned land is contiguous to the present boundaries of the City
of Brookings; and
WHEREAS, the City of Brookings has received a Petition for Annexation of Territory
signed by the owners of greater than three-fourths (3/4) of the value of the
aforementioned property and greater than three-fourths (3/4) of the legal voters residing
in said territory; and
WHEREAS, the Brookings County Board of County Commissioners reviewed the
petition during their regular meeting on April 15, 2025 pursuant to South Dakota
Codified Law 9-4-5 and has approved, by Resolution 25-22, that this property, as
described, be annexed into the City of Brookings.
NOW , THEREFORE, BE IT RESOLVED by the City of Brookings, South Dakota, that
the property described above is hereby annexed to the City of Brookings.
Resolution 25-042. A public hearing was held on Resolution 25 -042, a Resolution to
Amend the 2040 Comprehensive Plan’s Future Land Use Map. A motion was made by
Council Member Wendell, seconded by Council Member Doran, that Resolution 25-042
be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran,
Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-042 - A RESOLUTION TO AMEND THE BROOKINGS, SOUTH
DAKOTA COMPREHENSIVE PLAN 2040
WHEREAS, the Comprehensive Plan provides a Major Street Plan Map, identifies a
Future Land Use Map, projects population figures for the planning period, and describes
an integrated land use vision for the City; and
WHEREAS, portions of Future Land Use Map as shown on the attached area map are
to be amended to wit: a portion of said areas from Urban Medium Intensity and Open
Space to Business Park / Light Industry; and
WHEREAS, the City Council of the City of Brookings, SD held a public hearing in
accordance with SDCL 11-6-18 on the proposed amendment to the Future Land Use
Map of the Brookings, South Dakota Comprehensive Plan 2040; and
WHEREAS, the City Planning Commission of the City of Brookings, SD has
recommended approval of the amendments to the Future Land Use Map of th e
Brookings, South Dakota Comprehensive Plan 2040 in accordance with SDCL 11-6-17;
NOW , THEREFORE, BE IT RESOLVED THAT said amendment to the Future Land
Use Map of the Brookings South Dakota Comprehensive Plan 2040 is hereby adopted
by the City of Brookings.
Commercial Corridor Design Review Overlay District Site Plan. A public hearing
was held on a Commercial Corridor Design Review Overlay District Site Plan for 600
Main Avenue. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that the Site Plan for 600 Main Avenue be approved. The
motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton
Byrne, and Wendell.
Ordinance 25-011. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Ordinance 25-011, an Ordinance amending Chapter 6,
Article I, Section 6-8 of the Code of Ordinances of the City of Brookings pertaining to
Sidewalk Café Alcoholic Beverage Sales and Consumption Guidelines, be approved.
The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker,
Tilton Byrne, and Wendell.
Preliminary Plat. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that a Revised Preliminary Plat for Lots 2-3 in Block 2 and
Block 3 of Reserve Fourth Addition, be approved. The motion carried by the following
vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
Resolution 25-029. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 25-029, a Resolution Amending the Capital
Improvement Fee for Edgebrook Golf Course, be approved. Public Comment: Doug
Smith. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer,
Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-029 - RESOLUTION AMENDING THE CAPITAL IMPROVEMENT
FEE FOR EDGEBROOK GOLF COURSE
WHEREAS, in fiscal year 2025 amend Capital Improvement Fee to $2.00 for all 9 -hole
green fees, $4.00 for all 18-hole green fees, and $40 CIP fee for all season passes.
This fee may only be modified with City Council Approval; and
WHEREAS, staff has conducted analysis of the Edgebrook Golf Course Capital
Improvement Plan, the City Council has determined that this fee is necessary to offset
the capital improvement needs of Edgebrook Golf Course.
NOW, THEREFORE, BE IT RESOLVED that the Capital Improvement Fee for
Edgebrook Golf Course his hereby amended.
Resolution 25-030. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 25-030, a Resolution of Intent to Lease Real
Property to Ryan Companies US, Inc., be approved. The motion carried by the
following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-030 - RESOLUTION OF INTENT TO LEASE REAL PROPERTY TO
RYAN COMPANIES US, 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 agreement with Ryan Companies US,
Inc., on a month-to-month basis terminating on or before July 31, 2026 and pertaining to
the following described property: Research & Technology Center – 807 32nd Avenue
The Lease will be an amount of $10.00 per square foot for 2,066 square feet of office
space.
BE IT RESOLVED, that a Public Hearing on this Resolution was held on April 22, 2025
at 6:00 o’clock P.M. at the Brookings City & County Government Center and that all
persons were given an opportunity to be heard on the intent to lea se real property.
BE IT FURTHER RESOLVED, that the City Manager, City Clerk, and City Attorney are
authorized to execute a lease agreement with Ryan Companies US, Inc. for real
property located in the Research and Technology Center at 807 32nd Avenue.
Resolution 25-043. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 25-043, a Resolution Authorizing the
Acquisition of the Fifth Street Gym Property by the City of Brookings from Brookings
School District #5-1, be approved. Public Comment: Doug Smith. The motion carried
by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and
Wendell.
RESOLUTION 25-043 - RESOLUTION AUTHORIZING ACQUISITION OF THE FIFTH
STREET GYM PROPERTY BY THE CITY OF BROOKINGS FROM BROOKINGS
SCHOOL DISTRICT 5-1
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
WHEREAS, the City desires to acquire the real property described below and referred
to as the “Fifth Street Gym”, and Brookings School District 5-1 agrees to convey to the
City, pursuant to the terms and conditions of a Real Property Transfer Agreement and in
accordance with SDCL 6-5-2, the following described property: Lot One Hundred Two
(102) of Block Ten (10) of Second Addition to the City of Brookings, County of
Brookings, State of South Dakota, and
WHEREAS, the City of Brookings has obtained an Easement for use of the parking lot
located East of the Fifth Street Gym through the cooperation of Brookings County and
John Mills and Jacob Mills, and
WHEREAS, this transaction represents the efforts of the Brookings School District, the
County of Brookings, Community Members John Mills and Jacob Mills, and the City of
Brookings to secure the Fifth Street Gym for community use, and
WHEREAS, the School District and City are authorized to enter into this transaction in
accordance with South Dakota Codified Law 6-5-2.
NOW , THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, as follows:
A. That the City of Brookings acquire the above-described property from the
Brookings School District for no cash consideration for public use; and
B. That the Mayor, City Manager, City Clerk and City Attorney are authorized to
execute a Real Property Transfer Agreement and other required documents in
accordance with this Resolution.
City Attorney Services. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Avery, authorizing the City Manager to enter into an
Agreement for City Attorney Services with Woods, Fuller, Schultz, and Smith P.C. Law
Firm. Public Comment: Reggie Huff and Zeno Wicks. The motion carried by the
following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
Appoint City Council Member. A motion was made by Council Member Wendell,
seconded by Council Member Avery, to appoint Lisa Hager as City Council Member,
effective 5/01/2025-4/30/2026. Lisa will fill Council Member Andrew Rasmussen's
vacant seat. Public Comment: Doug Smith, Zeno Wicks, and Larry Ayres. The motion
carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne,
and Wendell.
Progress Report. Progress Report. Samantha Beckman, Assistant to the City
Manager, provided a progress report highlighting the City’s initiatives and projects.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that this meeting be adjourned at 8:11 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, 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 25-0218,Version:1
Action to cancel the May 20, 2025 City Council Study Session.
Summary and Recommended Action:
Staff recommends cancellation of the May 20, 2025 Study Session, due to no items being scheduled.
Any meeting of the City Council may be cancelled in advance by a majority vote of the City Council.
The Mayor may cancel a meeting in the case of an emergency, when a majority of the members have
confirmed in writing their unavailability to attend a meeting, when there is not a quorum at the start of
the meeting, or when the agenda is such that cancelling the meeting would not interfere with the
normal operations of the City. The City Council must meet regularly; however, at least once each
month. Cancelled meetings will be noted on the agenda and posted for the public.
This provides public notice of the change to the City Council meeting calendar.
City of Brookings Printed on 5/8/2025Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0199,Version:1
Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol
license holders.
Summary and Recommended Action:
Staff recommends approval of Special Event Alcoholic Beverage License requests from existing
alcohol license holders.
Attachments:
Memo
SDCL 35-4-124
City of Brookings Printed on 5/8/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 13, 2025
Subject: Special Event / Temporary Alcoholic Beverage License
Requests
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of Special Event Alcoholic Beverage License request s for
existing on-sale alcoholic beverage license holders.
Item Details:
South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic
beverage licenses require action by the governing body for all Temporary Alcoholic
Beverage License Applications. No public hearing is required for the issuance of a
license pursuant to this section if the person applying for the lice nse holds an on-sale
alcoholic beverage license or a retail malt beverage license in the municipality or
county, or holds an operating agreement for a municipal on -sale alcoholic beverage
license.
Licenses issued are event specific. The event duration cannot exceed 15 days.
Staff requests approval for the following special event / temporary alcoholic beverage
license from:
Sodexo Catering (License Holder RB-28249 and RW -28251):
o SDSU TL25-045: June 17, 2025 – SD Art Museum patron event (SD Art
Museum)
Mosaic Wine Bar (License Holder RB-27720 and RW -27721):
o CITY TL25-005: May 15, 2025 – Celebrating You Event (Mosaic Wine
Bar)
Legal Consideration:
None
Strategic Plan Consideration:
Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage
licenses keeps the process transparent in the amount of revenue generated and the
number of licenses issued annually.
Financial Consideration:
Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date
NOTE: event date can be up to 15 days in length.
Supporting Documentation:
State Law 35-4-124
35-4-124. Special alcoholic beverage licenses--Special events.
Any municipality or county may issue:
1) A special malt beverage retailers license in conjunction with a special event
within the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to § 35-4-111 or
subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the
special events license applicant;
2) A special on-sale wine retailers license in conjunction with a special event within
the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to § 35-4-111 or
subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any
other licenses held by the special events license applicant;
3) A special on-sale license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-
2(4) or (6) in addition to any other licenses held by the special events license
applicant;
4) A special off-sale package wine dealers license in conjunction with a special
event within the municipality or county to any civic, charitable, educational,
fraternal, or veterans organization or any licensee licensed pursuant to
subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any
other licenses held by the special events license applicant. A special off-sale
package wine dealers licensee may only sell wine manufactured by a farm
winery licensee;
5) A special off-sale package wine dealers license in conjunction with a special
event, conducted pursuant to § 35-4-124.1, within the municipality or county to
any civic, charitable, educational, fraternal, or veterans organization;
6) A special off-sale package malt beverage dealers license in conjunction with a
special event, conducted pursuant to § 35-4-124.1, within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization; or
7) A special off-sale package dealers license in conjunction with a special event,
conducted pursuant to § 35-4-124.1, within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization.
The municipality or county may issue a license under this section for a time not to
exceed fifteen consecutive days. No public hearing is required for the issuance of a
license pursuant to this section if the person applying for the license holds an on-sale
alcoholic beverage license or a retail malt beverage license in the municipality or
county, or holds an operating agreement for a municipal on-sale alcoholic beverage
license. The local governing body shall establish rules to regulate and restrict the
operation of the special license, including rules limiting the number of licenses that may
be issued to any person within any calendar year.
Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13,
2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1; SL 2024, ch
149, § 1.
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 25-0219,Version:1
Action on Annual On-Off Sale Malt Alcoholic Beverage License Renewals.
Summary and Recommended Action:
Staff recommends approval of the On-Off Sale Malt Alcoholic Beverage License renewals for fiscal
year 7/1/2025 to 6/30/2026. There are Video Lottery renewals associated with several of the On-Off
Sale Malt Licenses.
Attachments:
Memo
Renewals List
Video Lottery List
City of Brookings Printed on 5/8/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 13, 2025
Subject: Annual Malt Alcoholic Beverage License Renewals
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the annual Malt Alcoholic Beverage License renewals for
the City of Brookings.
Item Details:
This is an annual renewal of existing Malt Beverage Licenses in the City of Brookings.
These establishments have not failed a n alcohol compliance check in the past 12
months.
Malt Licenses renewals will be effective July 1, 2025 - June 30, 2026. All required
paperwork has been submitted, each establishment has had a background check
conducted on their managing partners, and are in good standing with the City’s Finance
Office.
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or
the transfer of an existing license shall submit an application to the governing body of
the municipality in which the applicant intends to operate, or if outside the corporate
limits of a municipality, to the governing body of the county in which the applicant
intends to operate. The applicant shall submit the required fee with the application. The
governing body may approve the application for a new retail license or the transfer of an
existing license if the governing body considers the applicant suitable to hold the license
and the proposed location is suitable. The governing body may disapprove an
application for a new retail license or the transfer of an existing license issued under
subdivision 35-4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty for
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
Establishments with alcohol compliance check failures will be handled via the public
hearing / council action process.
One establishment will not be renewing their On-Off Sale Matl License: GP2, LLC,
Kevin Grunewaldt, owner, 406 Main Ave., Suite D.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
Malt License Renewal Fee: $150 (City portion)
Supporting Documentation:
Renewal List
Malt License Renewals
On-Off Sale Malt (retail):
BYG Backyard Grill, 1805 6th Street
Carpy’s Pub, 714 22nd Avenue South
Casey’s General Store #2198, 122 6th St West
Casino 2000, 622 25th Avenue, Suite A and B
CHS, Inc., dba Cenex Zip Trip #63, 1005 6th Street
CHS, Inc., dba Cenex Zip Trip #64, 3045 LeFevre Dr.
The Children’s Museum of South Dakota, 521 4 th Street
Circle K, Hwy 14 Bypass (Inactive)
Classic Convenience, 916 6th Street
Corner Pantry #24 / MG Oil, Co., 600 6th Street
Corner Pantry #24 / MG Oil, Co., 600 6th Street, Suite B
Cubby’s Sports Bar & Grill, 307 Main Avenue
Dacotah Bank Center, 824 32nd Avenue
Danger von Dempsey’s, 770 22nd Avenue South
Danny’s, 703 Main Avenue South
Den Wil Hospitality Group, Inc. dba The Lodge, 2515 6th St.
The Depot, 921 20th Street South
EdgeBrook Golf Course, 1415 22nd Avenue South
El Tapatio, Inc., 1816 6th Street
Eponymous Brewing Co., 126 Main Avenue South
4 Aces Casino / SVK Properties, Inc., 141 Main Avenue South, Suite A
4 Aces Casino / SVK Properties, Inc., 141 Main Avenue South, Suite B
4 Aces Casino / SVK Properties, Inc., 141 Main Avenue South, Suite C
4 Aces Casino / SVK Properties, Inc., 141 Main Avenue South, Suite D
Flavor Indian & Asian Fare, 501 Main Avenue
George’s Pizza, 311 Main Avenue
Hy-Vee Fast & Fresh, 716 22nd Avenue South
Hy Fee Food Store, 790 22nd Ave. So.
Jack’s Entertainment, dba Bank Saloon & Bank Vault, 327 Main Avenue
Jim’s Tap, 309 Main Avenue
Kwik Star, 2016 20th Street South
The Lanes / MG Oil, Co., 722 Western Avenue, Suite B
The Lanes / MG Oil, Co., 722 Western Avenue, Suite C
Main Street Pub, 408 Main Avenue
McCrory Gardens Visitors Center/Sodexo, 6th Street & 22nd Avenue
Mosaic Wine Bar, 225 Main Avenue
Old Sanctuary, 928 4th Street
PNP Pub / Schoon’s Pub, Inc., 318 2nd Street South
Ray’s Corner / Icon Investments, 401 Main Avenue
Ray’s Corner / Icon Investments, 401 Main Ave, Suite B
Sake One, Inc., 724 22nd Avenue South
Schoon’s PNP Pub North, Schoon’s Properties, Inc., 202 So. Main Ave.
Schoon’s PNP Pub South / Schoon’s Properties, Inc., 1203 Main Avenue South
Skinner’s Pub, 300 Main Avenue
South Main Casino & Pub/SVK Properties, LLC, 615 Main Avenue South, Suite A and B
Sully’s Irish Pub / 3 Guys LLC, 421 Main Avenue
Tee’d Off Golf, 2508 Wilbert Court, Suite B
Wal-Mart Supercenter #1538, 2233 6th Street
Wilbert’s / Den Wil Hospitality Group, Inc., 931 25th Avenue
The Wild Hare, 303 3rd Street
Wooden Legs Brewing Co., 309 5th Street, Suite 100
Yessica’s Restaurant, 1300 Main Avenue South
Not renewing license
GP2, LLC, 406 Main Ave., Suite D
**************************************************************************************************
The following renewals have failed compliance checks within the past 12 months, and
require a public hearing and action to be conducted. Action will be held under the
Public Hearing section on the agenda.
On-Off Sale Malt Licenses – compliance check failures
BP of Brookings, Suites A & B, 2420 6th St.
Brookings Softball Assoc., 2800 22nd Ave. So.
Casey’s General Store #1694, 620 8th St. So.
Casey’s General Store #2419, 534 22nd Ave. So.
Deuces Casino, Suites A, B, C, D and E, 223 6th St.
Guadalajara, 1715 6th St., Suite F
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
A B C D
# Video
Business Owner Lottery Machines
Malt / Wine License Holders
1 Boss's Pizzeria & Sports Bar On In 2 LLC / Darren Newborg and Dallas Wilkinson 7
2 BP of Brookings, Suite A BP of Brookings, Inc. / Lance Park and Dan Park 9
3 BP of Brookings, Suite B BP of Brookings, Inc. / Lance Park and Dan Park 8
4 Carpy's Pub George Faehnrich 10
5 Casino 2000, Suite A Behrend Management / Brooks Behrend 10
6 Casino 2000, Suite B (INACTIVE)Behrend Management / Brooks Behrend 0
7 Circle K / Holiday Station Stores (INACTIVE)Holiday Stationstores, LLC 0
8 Corner Pantry #19 MG Oil Co. / Marlyn Erickson and Troy Erickson 10
9 Corner Pantry #24, Suite A MG Oil Co. / Marlyn Erickson and Troy Erickson 10
10 Corner Pantry #24, Suite B MG Oil Co. / Marlyn Erickson and Troy Erickson 10
11 The Depot Casino MG Oil Co. / Marlyn Erickson and Troy Erickson 10
12 Deuces Casino, Suite 105A
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 10
13 Deuces Casino, Suite 105B
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 10
14 Deuces Casino, Suite 105C
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 9
15 Deuces Casino, Suite 105D
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 10
16 Deuces Casino, Suite 105E (INACTIVE)
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 0
17 4 Aces Casino, Suite A SVK Properties / Todd Voss 10
18 4 Aces Casino, Suite B SVK Properties / Todd Voss 10
19 4 Aces Casino, Suite C SVK Properties / Todd Voss 10
20 4 Aces Casino, Suite D SVK Properties / Todd Voss 10
21 The Lanes, Suite B MG Oil Co. / Marlyn Erickson and Troy Erickson 6
22 The Lanes, Suite C MG Oil Co. / Marlyn Erickson and Troy Erickson 9
23 Main Street Pub Gonz Productions, Inc. / Garner Hansen 6
24 PNP Pub Schoon's Pub Inc. / Jon Schoon 10
25 Ray's Corner, Suite B Icon Investments / Todd Voss 10
26 Schoon's Pump N' Pak South Schoon's Properties Inc. / Jon Schoon 10
27 South Main Diner SVK Properties, LLC / Todd Voss 10
28 South Main Diner, Suite B SVK Properties, LLC / Todd Voss 10
29 Tee'd Off Golf
Tee'd Off Golf, LLC / B. & S. Brecher, J. & M. Schulte, C.
Thompson 4
30 (Malt License was not renewed in 2023.)
Liquor License Holders
(The City cannot restrict Video Lottery authorizations for On-
Sale Liquor Licensees.)
1 Bank Saloon & Vault / Jack's Entertainment Jack's Entertainment LLC / Todd Voss and Bob Winter 10
2 Boss's Pizzeria On In 2 LLC / Dallas Wilkinson 7
3 Buffalo Wild Wings Bar & Grill W&P of Brookings LLC / Todd and Susan LaHaise 2
4 Cubby's Sports Bar & Grill GDT Inc. / Gus Theodosopoulos 7
5 Danny's David Olson, Inc., / David Olson 10
6 Jim's Tap Urquart Enterprises, Inc. / Don Urquhart 3
7 The Lanes MG Oil Co. / Marlyn Erickson and Troy Erickson 10
8 9 Bar Nightclub Nine Inc. / Gus Theodosopoulos 6
9 Ray's Corner, Suite A Icon Investments / Todd Voss 10
10 Skinner's Pub Greg & Shari Thornes 8
11 Sully's Irish Pub 3 Guys, LLC 7
12 The Wild Hare Wonder Inc. / Todd Voss, David Kneip, G. Kneip 10
(Dated: May 2025)TOTAL Video Lottery Machines 328
S:\Cityhall\City Clerk - Internal\Alcohol\Video Lottery\Summary - Lists\Video Lottery May 2025 List.xlsx Page 1
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 25-040,Version:1
Action on Resolution 25-040, a Resolution authorizing the Brookings Summer Arts Festival
Committee to have Exclusive Use of Pioneer Park.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution to authorize exclusive use of Pioneer Park
from July 7 through July 15, 2025 to the Brookings Summer Arts Festival Committee for the
Brookings Summer Arts Festival
Attachments:
Memo
Resolution
City of Brookings Printed on 5/8/2025Page 1 of 1
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City Council Agenda Item Memo
From: Joshua Bauman, Assistant Parks, Recreation and Forestry
Director
Council Meeting: May 13, 2025
Subject: Resolution 25-040: authorizing BSAF exclusive use of
Pioneer Park
Presenter: Kristin Zimmerman, Parks, Recreation and Forestry Director
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution to authorize exclusive use of
Pioneer Park from July 7 through July 15, 2025 to the Brookings Summer Arts Festival
Committee for the Brookings Summer Arts Festival.
Item Details:
The Brookings Summer Arts Festival will hold its 53rd annual event in Pioneer Park.
Beginning in 1972, the Brookings Summer Arts Festival has become a Brookings
tradition, bringing in vendors and attendees from all over the country.
The festival draws an annual crowd of over 25,000 attendees, more than 175 artists,
over 30 artisans, historic and antique booths, a children’s area, 3 stages filled with live
entertainment, and over 30 food vendors.
Multiple City departments come together to help organize safety and security (Police
Department), street closures and early warning for crossings (Street Department),
sanitary services (Landfill), and park operations (Parks, Recreation and Forestry
Department).
The Brookings Summer Arts Festival is run by a committee of volunteers.
Legal Consideration:
City Attorney has reviewed the Resolution.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
None
Supporting Documentation:
Resolution
RESOLUTION 25-040
A RESOLUTION AUTHORIZING THE BROOKINGS SUMMER ARTS FESTIVAL
COMMITTEE TO HAVE EXCLUSIVE USE OF PIONEER PARK
WHEREAS, the Brookings Summer Arts Festival will be held in Pioneer Park on July 12-
13, 2025; and
WHEREAS, the Brookings Summer Arts Festival Committee has requested the
exclusive use and control of Pioneer Park and its facilities for said festival, plus
additional days for preparation and takedown; and
WHEREAS, the Brookings Summer Arts Festival Committee will provide evidence of
liability insurance coverage, including the City of Brookings as a named insured; and
WHEREAS, the Brookings Summer Arts Festival Committee has agreed to accept
responsibility for the conduct of the Summer Arts Festival on said premises.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the use of Pioneer Park and its
facilities as a public park shall temporarily terminate for the period of July 7 through July
15, 2025.
BE IT FURTHER RESOLVED, that the City Council does hereby grant the exclusive use
of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the
Brookings Summer Arts Festival Committee.
FURTHER, IT IS RESOLVED, that the Brookings Summer Arts Festival Committee shall
be responsible for maintaining Pioneer Park and its said facilities and for cleaning them
and returning them to the City of Brookings in good condition following the Festival.
Passed and Approved this 13th day of May, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, 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 25-046,Version:1
Action on Resolution 25-046, a Resolution Awarding the Bid for Sign Truck.
Summary and Recommended Action:
Staff recommends approval of the proposed resolution awarding a $312,669.00 contract to Aspen
Equipment for the purchase of a Sign Truck.
Attachments:
Memo
Resolution
Bid Tab
City of Brookings Printed on 5/8/2025Page 1 of 1
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City Council Agenda Item Memo
From: Jeremy Linstad, Street Manager
Council Meeting: May 13, 2025
Subject: Resolution 25-046: Bid Award for a Sign Truck
Presenter: Jeremy Linstad, Street Manager
Summary and Recommended Action:
Staff recommends approving the proposed resolution, which will award a competitive
bid for a Sign Truck to Aspen Equipment for the low bid of $312,669.00.
Item Details:
The City of Brookings Public Works Department – Street Division currently maintains
over 8,000 street signs and replaces approximately 300 to 500 signs each year. This
ongoing maintenance is essential for public safety and effective traffic management.
Presently, the Street Division performs sign installation and repairs using two trucks, a
loader, and a crew of 2 to 3 employees. This method, while functional, is resource-
intensive and poses challenges in terms of efficiency, safety, and on -site adaptability.
To address these issues, the Street Division specifically designed a truck for sign repair
and installation. This vehicle will:
Reduce the number of staff & equipment required on-site, improving operational
efficiency;
Provide a safer working environment with a stable and elevated work area for
installing or repairing signs, reducing fall risk;
Offer enclosed, organized storage for all necessary tools, equipment and
supplies;
Create a mobile workspace that allows for on-site fabrication or modifications, as
needed.
Investing in this specialized equipment will enhance service delivery, reduce long -term
operational costs, and improve safety and effectiveness in the field.
The City opened bids on Tuesday April 8, 2025 at 1:30 pm at the City & County
Government Center, the following bids were received:
Aspen Equipment $312,669
TEC Equipment $320,118
Custom Truck One Source $350,526
The low bid of $312,669 was approximately 10.7 percent lower than the approved
budget of $350,000.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
The City will enter into a contract with Aspen Equipment for the low bid of $312,669.
Sufficient appropriations of $350,000 are included in the adopted 2025 budget, account
213-431-5-970-02.
Supporting Documentation:
Resolution
Bid Tab
RESOLUTION 25-046
RESOLUTION AWARDING THE BID FOR A SIGN TRUCK
WHEREAS, the City of Brookings utilizes a sign truck to install and maintain streets
signs throughout the City; and
WHEREAS, the City opened competitive bids for a Sign Truck on Tuesday, April 8,
2025 at 1:30 pm at Brookings City & County Government Center; and
WHEREAS, Aspen Equipment submitted the lowest responsive bid in the amount of
$312,669.00; and
WHEREAS, the 2025 adopted budget includes $350,000 for this purchase under fund
213-431-5-970-02.
NOW, THEREFORE, BE IT RESOLVED the lowest responsive bid of $312,669.00 from
Aspen Equipment be accepted.
Passed and Approved this 13th day of May, 2025.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
Sign Truck
Bid Tab
Bid Opening: 04/08/2025, 1:30 PM, City & County Government Center
BID AMOUNT $312,669.00 $320,118.00 $350,526.00
NOTES Chassis didn’t meet
minimum bid specifications
Aspen Equipment
9150 Pillsbury Ave S
Bloomington, MN 55420
TEC Equipment
4100 N. Northview Ave
Sioux Falls, SD 57107
Custom Truck One Source
7701 Independence Ave
Kansas City, MO 64125
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 25-0198,Version:1
Introduction of new / promoted City of Brookings employees.
The following City of Brookings Public Works supervisory employees will be introduced to the City
Council and public:
·Martin Wager, Master Mechanic
·Justin Vostad, Landfill Supervisor
·Troy Hughes, Fire Chief
Biographies
Martin Wagner - Street Division - Promotion to Master Mechanic
It is with great pride that we recognize Martin Wagner for his promotion to Master Mechanic within the
City of Brookings Street Division.
Martin has been an integral part of the Street Division since joining the team in November 2017.
Over the years, he has made significant contributions to a wide range of essential operations,
including asphalt maintenance, winter storm response, and both preventative and predictive
maintenance of our fleet.
As the division’s sole mechanic, Martin has been the cornerstone of our maintenance operations,
often working around the clock to ensure our equipment and vehicles are safe, reliable, and ready to
serve the community. His skill, dedication, and tireless work ethic have earned him the respect of his
colleagues and leadership alike.
In his new role as Master Mechanic, Martin will take on expanded responsibilities, including oversight
of the entire Public Works fleet. In the near future, he and the new Street Mechanic position will also
explore the potential of supporting the Police Department by assisting with preventive maintenance
on their fleet as well.
Martin’s promotion reflects not only his technical expertise, but also his leadership and commitment
to excellence. We are confident he will continue to be an invaluable asset in this new capacity, and
we thank him for his ongoing service to the City of Brookings.
Justin Vostad - Solid Waste Division - Landfill Supervisor
We are pleased to welcome Justin Vostad to the City of Brookings Solid Waste Division as our new
Landfill Supervisor.
Justin brings a wealth of experience in construction and team leadership. For the past six years, he
has served as a Foreman with Austreim Excavating. His background also includes valuable time with
Midland Contracting and Prunty Construction.
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File #:ID 25-0198,Version:1
As Landfill Supervisor, Justin will oversee the daily operations of the Brookings Regional Landfill. His
responsibilities will include ensuring proper placement and compaction of waste, applying daily cover
at the end of each workday, and maintaining access roads. Additionally, he will manage the landfill
budget, supervise equipment maintenance, and plan for future development of the facility.
We are excited to have Justin on board and look forward to the leadership and expertise he will bring
as we continue to advance the operations of the Brookings Regional Landfill.
Troy Hughes, Fire Chief
Troy joins the City from the Los Alamos Fire Department, where he served as Fire Chief for the last
14 years. In addition to his time in Los Alamos, Troy also served 27 years in the Grand Island,
Nebraska, Fire Department, concluding as the Chief.
Troy earned his AAS in Fire Protection Technology then went on to earn his BA in Public
Administration. Troy has continued his education, earning an MA in Management and a MA in
Security Studies.
City of Brookings Printed on 5/8/2025Page 2 of 2
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0177,Version:1
Proclamation: Public Works Week
Summary:
Mayor Niemeyer will present a Proclamation recognizing May 18-24 as National Public Works Week.
Attachments:
Proclamation
City of Brookings Printed on 5/8/2025Page 1 of 1
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MAYORAL PROCLAMATION
City of Brookings, South Dakota
WHEREAS, public works professionals focus on infrastructure, facilities, and
services that are of vital importance to sustainable and resilient communities
and to the public health, high quality of life, and well-being of the people of
the City of Brookings; and
WHEREAS, these infrastructure, facilities, and services could not be provided
without the dedicated efforts of public works professionals, who are engineers,
managers, and employees at all levels of government and the private sector,
who are responsible for rebuilding, improving, and protecting our nation’s
transportation, water supply, water treatment and solid waste systems, public
buildings, and other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders, and children
in the City of Brookings to gain knowledge of and maintain an ongoing interest
and understanding of the importance of public works and public works
programs in their respective communities; and
WHEREAS, 2025 marks the 65th annual National Public Works Week.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the
City of Brookings, do hereby proclaim May 18 - 24, 2025 as
NATIONAL PUBLIC WORKS WEEK
And I urge all citizens to join in activities, events, and ceremonies designed to
pay tribute to our public works professionals and to recognize the substantial
contributions they make to protecting our national health, safety, and advancing
quality of life for all.
IN WITNESS WHEREOF, I have placed the Seal of the
City of Brookings, State of South Dakota, this 13th day
of May, 2025.
Oepke G. Niemeyer, Mayor
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0220,Version:1
Proclamation: Older Americans Month
Summary:
Mayor Niemeyer will present a Proclamation recognizing May as Older Americans Month.
Attachments:
Proclamation
City of Brookings Printed on 5/8/2025Page 1 of 1
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Mayoral Proclamation
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS, May is Older Americans Month, a time for us to recognize and honor
older adults and their immense influence on every facet of society; and
WHEREAS, this year's theme, "Flip the Script on Aging," focuses on transforming
how society perceives, talks about, and approaches aging, encouraging
individuals and communities to challenge stereotypes and dispel
misconceptions; and
WHEREAS, through their wealth of life experience, older adults guide our younger
generations and carry forward abundant cultural and historical knowledge; and
WHEREAS, older Americans improve our communities through intergenerational
relationships, community service, civic engagement, and other activities; and
WHEREAS, communities benefit when people of all ages, abilities, and
backgrounds have the opportunity to participate and live independently; and
WHEREAS, Brookings must ensure older residents have the support to stay
engaged, reflecting our commitment to inclusivity and connection.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the
City of Brookings, do hereby proclaim May 2025 as
OLDER AMERICANS MONTH
And call upon all to recognize the contributions of our older citizens and
promoting programs and activities that foster connection, inclusion, and support
for older adults.
IN WITNESS WHEREOF, I have hereunto set my
hand, and caused to be affixed the Great Seal of the
City of Brookings, this 13th day of May, 2025.
____________________________
Oepke G. Niemeyer, Mayor
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0227,Version:1
Reports: City Council Ex-Officio Reports
Summary:
City Council Members, serving as Ex-Officio members on the Brookings Health System Board of
Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended
at the first City Council meeting of the month.
Brookings Municipal Utility Board:
1.Council Member Wayne Avery
2.Council Member Bonny Specker
Brookings Health Systems Board of Trustees:
1.Council Member Brianna Doran
City of Brookings Printed on 5/8/2025Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0230,Version:1
Action to Approve a Tax Increment Financing Agreement with Sixth St. Development, LLC.
Summary and Recommended Action:
Staff recommends approval of a Tax Increment Financing Agreement with Sixth St. Development,
LLC, for Tax Increment District #17 detailing the developer’s obligations and responsibilities in
exchange for receiving tax increment revenue.
Attachments:
Memo
Agreement
Project Plan
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City Council Agenda Item Memo
From: Mike Struck, Community Development Director
Meeting: May 13, 2025
Subject: Tax Increment Financing Agreement with Sixth St.
Development, LLC
Person(s) Responsible: Mike Struck, Community Development Director
Summary and Recommended Action:
Staff recommends approval of a Tax Increment Financing Agreement with Sixth St.
Development, LLC, for Tax Increment District Number Seventeen detailing the
developer’s obligations and responsibilities in exchange for receiving tax increment
revenue.
Item Details:
The City of Brookings created Tax Increment District #17 and approved an associated
Project Plan describing the improvements associated with an economic development
project. Latitude 44 is a mixed-use development located along 6th Street between 12th
Avenue and 13th Avenue. The project will include approximately 114 residential units
with main level commercial and parking. The Paragon is a multi-story residential project
along Campanile Avenue between 6th Street and 7th Street comprising approximately 84
residential units.
The Tax Increment Financing Agreement details the obligations and responsibilities of
the developer in exchange for receiving tax increment financing. The developer agrees
to construct the two projects as well as improvements within the public right-of-way,
specifically improvements within the Campanile right-of-way that will enhance the
entryway to South Dakota State University. The developer will front the costs of the
project improvements and will only be reimbursed property tax increment generated
from development occurring within the district.
This project is a public/private partnership whereby Brookings Municipal Utilities, South
Dakota State University, and City of Brookings all worked cooperatively with the
developer to ensure coordination, timing, and cost sharing of public improvements to
benefit the neighborhood.
A separate maintenance agreement is associated with the development and will
become a part of the agreement as an exhibit.
Legal Consideration: None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
Tax Increment Financing is pay-as-you-go in which the developer fronts the costs of the
improvements and is only reimbursed by the positive tax increment revenue generated
as a result of the project.
Supporting Documentation:
Agreement
Project Plan
Agreement No. 25-01
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TAX INCREMENT FINANCING AGREEMENT
Sixth St. Development, LLC
THIS AGREEMENT, is made and entered into on May 13, 2025, by and between the
City of Brookings, a municipal corporation of the State of South Dakota, (referred to as the
“City” herein), and Sixth St. Development, LLC, a South Dakota Limited Liability Company,
with its principal office located at Brookings, South Dakota 57006, (referred to herein as the
“Developer”).
Whereas, the Developer certifies that it is the owner of a tract of land legally described
as set forth in Exhibit “A” and incorporated by reference; and
Whereas, the Developer certifies that it has the legal authority to enter into this
agreement; and
Whereas, this agreement is given for the benefit of the City as well as successors in
interest of real property, as shown on the Tax Increment District Number Seventeen boundary
map; and
Whereas, the City of Brookings created Tax Increment (“TIF”) District Number
Seventeen (17), and the legal description and map of TIF District Number 1 7 is attached,
marked Exhibit “A” and made a part hereof; and
Whereas, Tax Increment Revenue will be used to assist in p roviding for certain of TIF
District Number 17’s project costs; and
Whereas, the City hereby establishes certain requirements applicable to the Developer
in exchange for use of tax increment funds for eligible project costs abutting and serving
economic development within TIF District Number 17.
NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the parties, for themselves, their successors and assigns, hereby agree to the
foregoing and as follows:
Agreement No. 25-01
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Section 1 - Developer’s Obligations and Improvements
A. General
a. Developer agrees to construct, but not be limited to, a mix-use structure (Latitude
44) along 6th Street between 12th and 13th Avenue consisting of main floor commercial space
and three stories of residential units comprising approximately 114 residential units as well as
constructing a multi-story structure (Paragon) along Campanile Avenue between 6th Street and
7th Street comprising approximately 84 residential units, a parking structure on the west side of
Campanile Avenue to provide additional parking for the Paragon project, boulevard parking
along 12th Avenue, boulevard parking along 7th Street, a mid-block protected pedestrian
crossing on Campanile Avenue, alley paving east of Campanile Avenue from 7th Street to 6th
Street, and associated improvements associated with the construction of both sites.
b. Developer agrees to execute a separate Development Maintenance Agreement with
the City that further defines the Developer’s obligations in regard to maintenance of certain
improvements and to provide a warranty covering improvements.
c. Developer further agrees to fund street improvements within the Campanile Avenue
rights-of-way to include, but not be limited to street widening, curb and gutter, street paving,
street lighting, and a center median with landscaping. Developer will not be responsible for
maintaining the center median because SDSU desires to provide for landscaping, lighting and
signage within the median. Therefore, SDSU will install and maintain any such landscaping,
lighting and signage in the center median on Campanile Avenue, and Developer will not be
responsible for these improvements or their maintenance.
d. For purposes of clarity, the City and the Developer agree that the Project Plan for
TIF District Number 17 does not include the installation of a traffic signal or the relocation of a
traffic signal to the intersection of 6th Street and Campanile/13th Avenue. Furthermore, neither
the City nor Developer plan to include the installation of a traffic signal or the relocation of a
traffic signal to the intersection of 6th Street and Campanile/13th Avenue. While South Dakota
State University or the SDSU Foundation may contemplate the installation of a traffic signal or
the relocation of a traffic signal to the 6th Street and Campanile/13th Avenue intersection, the
Agreement No. 25-01
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cost of such an installation shall not constitute a TIF District Number 17 Project Cost, and any
cost associated with the installation or relocation of the traffic signal described herein shall be
paid by South Dakota State University of the SDSU Foundation.
Section 2 - Tax Increment District Number 17
A. Project Costs
a. The Developer shall fund and construct such improvements as set forth in the Tax
Increment District Number 17 Project Plan and this Development Agreement, with TIF
reimbursement based on actual project costs. Reimbursement of actual Project costs to the
Developer shall not exceed the sum of Six Million Five Hundred Thirteen Thousand Three
Hundred Thirty-Eight Dollars ($6,513,338). The City of Brookings will only reimburse
Developer the actual costs per itemized construction contracts plus financing costs, and the
total reimbursement to Developer with TIF proceeds as they are received shall not exceed an
aggregate amount of Six Million Five Hundred Thirteen Thousand Three Hundred Thirty-Eight
Dollars ($6,513,338).
B. Guarantee
a. The Developer agrees to pay for all public improvements as specified in the final
construction plans, subject to reimbursement with TIF proceeds. It is understood that if there
are not sufficient Tax Increment Revenues for the Developer’s debt service for the public
improvements, that the City will not be responsible for any shortfall.
C. Tax Increment Revenue
a. The Developer shall receive one hundred (100%) percent of the Tax Increment
District Number 17 revenue, with such revenue to be utilized to pay for eligible project costs as
described in this Agreement, until such time as the eligible project costs have been paid in full
or the district is decertified per state law. The use of tax increment revenue to reimburse
Developer shall be based upon actual construction and financing costs, with a “not to exceed”
amount of Six Million Five Hundred Thirteen Thousand Three Hundred Thirty-Eight Dollars
($6,513,338) for the Developer’s project costs.
Agreement No. 25-01
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D. Payment Agent
a. The City will act as the paying agent of the Tax Increment Revenue to the
Developer.
E. Draw Down
a. The City and Developer agree Tax Increment District Number 17 Revenue will be
reimbursed to Developer in accordance with this Agreement to the extent revenue is available
in the Tax Increment Financing District Number 17 Fund once the following have been
completed:
i. Developer shall have demonstrated in writing to the reasonable satisfaction of the
City that the eligible project costs described herein have been made consistent
with the Tax Increment Financing District Number 17 Project Plan and this
Agreement.
ii. Developer shall have submitted invoices showing the services / public
improvements have been made.
F. Financing Costs
a. The Developer shall be eligible to receive reimbursement from TIF Number 17 for
realized costs associated with financing the public improvements set forth in this agreement,
subject to available TIF Number 17 revenue. Developer agrees to provide a copy of the
financing terms and amortization schedule as documentation of financing costs. Developer
further agrees that if the financing terms or conditions change, an updated copy of the
financing terms and amortization schedule shall be provided to the City.
G. Discretionary Tax Formula
a. The Developer agrees to waive the discretionary tax formula on platted lots within
the development in accordance with the Brookings County discretionary tax formula policies
and procedures during the duration of Tax Increment Financing District Number 17. Developer
shall submit in writing to Brookings County their request to waive the discretionary formula.
Failure to do so may result in nullification of the development agreement. If the developer sells
Agreement No. 25-01
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the land within this TIF District, the purchase agreement will provide that the buyer agrees to
waive the discretionary formula.
Section 3 - General Provisions
A. Bidding of Public Improvements by Developer
a. Upon review and approval by the City and local municipal utilities of the Developer’s
final construction plans and specifications for the public improvements as detailed in the TIF
Number 17 Project Plan, Developer agrees to obtain competitive quotes for the project
improvements through Developer’s project manager. The project manager shall be
responsible for soliciting quotes from multiple contractors, and providing tabulations to the
satisfaction of the City Engineer for review and approval prior to awarding such quote or
quotes to the lowest responsible bidders/contractors. The project manager shall provide to the
City Engineer copies of all advertising notices, plan holders lists, and any direct marketing
efforts such as mailings, email, telephone solicitations as proof of obtaining competitive quotes
for the public improvements.
b. All required public improvements shall be installed to the satisfaction of the City
Engineer within two (2) years of the date this Agreement is fully executed. Notwithstanding any
contrary provision in either statute or ordinance, including those relating to the passage of
time, Developer acknowledges and agrees that all terms and conditions contained herein shall
remain a continuing obligation until satisfaction or completion.
c. City may undertake any legal or equitable action available to enforce the provisions
of this agreement in addition to any other remedy provided herein. In the event the City is
required to undertake any action to enforce the terms of this agreement or its subdivision
regulations in connection with this agreement, the Developer, its heirs, assigns or successors
in interest agree the City may recover its reasonable expenses, including attorney’s fees
incurred with respect to such action.
B. Mechanics Liens
a. The Developer agrees to immediately satisfy any and all mechanic’s or
materialman’s liens that arise as a result of their respective improvements. This provision shall
Agreement No. 25-01
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not prevent Developer from subsequently seeking compensation from a contractor,
subcontractor or others who may be responsible for such liens or for such payment.
Section 4 - Agreement
a. This document, along with the Project Plan for Tax Increment Financing District
Number 17 and the Development Maintenance Agreement, shall constitute the Tax Increment
Financing agreement of the parties. All prior discussions and negotiations are merged into this
Tax Increment Financing Development Agreement. In the event of a conflict between the
Project Plan and this Agreement, this Agreement shall be controlling. Any changes or
addendums hereto shall be agreed to in writing by all parties.
Section 5 - Successors
a. To the extent any rights or obligations under this Agreement remain in effect, this
Agreement shall be binding upon and enforceable against, and shall inure to the be nefit of the
parties hereto and their respective heirs, legal representatives, successors and permitted
assigns.
Section 6 - Independent Contractor
a. In performing under this Agreement, the Developer, including its officers, agents,
employees, and volunteers, is at all times acting and performing as in independent contractor,
in an independent capacity, and not as an officer, agent, servant, employee, joint venturer,
partner, or associate of the City.
Section 7 - Notices
a. All notices, demands and other communications shall be given in writing and shall
be delivered by certified mail, postage prepaid, and return receipt requested, or by personal
delivery. Notices shall be addressed as provided below for the respective party; provided that if
any party gives notice in writing of a change of name or address, notices to such party shall
thereafter be given as required in that notice:
City: City of Brookings Developer: Sixth St Development, LLC
520 3rd Street 1100 6th Street
Brookings, SD 57006 Brookings, SD 57006
Agreement No. 25-01
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Attn: City Engineer Attn: David Jones
Section 8 - Amendments
a. Any amendment to this Agreement shall be effective only when duly executed by
Developer and City.
Section 9 - Severability
a. The provisions of this Agreement are severable, and, if any one or more provisions
is determined to be judicially unenforceable, in whole or in part, the remaining provisions, and
any partially enforceable provision, to the extent enforceable shall nevertheless be binding and
enforceable.
Section 10 - Termination of Agreement
a. Should the Developer not adhere to the terms of this Agreement, or violate any other
part of this Agreement, the City reserves the right to terminate payments of Tax Increment
Revenue received for TIF District Number 17, regardless if there are any outstanding and
unreimbursed project costs. The City may also exercise any other legal or equitable remedies
to enforce this Agreement.
Section 11 – Litigation
a. Any dispute arising out of or related to this Agreement shall be litigated in the Third
Judicial Circuit Court for the State of South Dakota, located in Brookings, South Dakota.
Section 12 - Attorney’s Fees
a. In the event that suit is brought for the enforcement of this Agreement or as the
result of any alleged breach thereof, or any other court action occurs arising out of this
Agreement, the prevailing party or parties in such suit shall be entitled to recover their
reasonable attorneys’ fees, costs, and expenses from the losing party or parties, and any
judgment or decree rendered in such proceedings shall include an award thereof.
Section 13 - No Third Party Beneficiary Rights
a. This Agreement is entered into for the sole benefit of City and Developer and no
other parties are intended to be direct or incidental beneficiaries of this Agreement and no third
party shall have any right in, under or to this Agreement.
Agreement No. 25-01
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Section 14 - Assignment of Agreement
a. Neither City nor Developer may assign or transfer their respective rights or
obligations under this Agreement without first obtaining the prior written consent of the other
party, which consent may be granted or withheld in the sole and absolute discretion of the
applicable party.
Section 15 - Authorized Signature
a. The Developer represents and warrants to the City that: (a) The Developer is duly
authorized and empowered to sign and perform its obligations under this Agreement; and (b)
the individual signing this Agreement on behalf of the Developer is duly authorized to do so
and their signature on this Agreement legally binds the Developer to the terms of this
Agreement.
Section 16 – Counterparts
a. This Agreement may be signed electronically and in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF, City and Developer have caused this Agreement to be executed as of
the day and year provided on Page 1 of this Agreement.
CITY OF BROOKINGS Sixth St Development, LLC
_____________________________ _____________________________
Oepke Niemeyer, Mayor Its: Agent (Signature)
_____________________________
Its: Agent (Printed Name)
ATTEST
Bonnie Foster, City Clerk
Agreement No. 25-01
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Dated this ____ day of ____________________, 2025.
Exhibit A
Tax Increment District #17
Legal Description:
Lot 1A in Block 4 of Hill Park Addition, an addition to the City of Brookings, Brookings
County, South Dakota
Lot 13A in Block 2 of Sanderson’s Addition to the City of Brookings, Brookings County,
South Dakota
S 40’ Lot 4, Lot 5, N 15’ Lot 6, Block 1 of Sanderson’s Addition to the City of Brookings,
Brookings County, South Dakota
Agreement No. 25-01
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Exhibit B
Tax Increment Financing #17 Project Plan
(Insert Project Plan here)
Agreement No. 25-01
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Exhibit C
Development Maintenance Agreement
Agreement No. 25-01
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Tobin J. Morris
Senior Vice President
+1 605 280-5559
tobin.morris@colliers.com
Colliers Securities LLC
124 W Dakota Ave Pierre, SD
57501
Accelerating success.
On behalf of: Sixth St Development, LLC
Tax Increment Finance District #17
Brookings, South Dakota
16
05
03 Introduction - The Project
Purpose and General Definitions
Table of Contents
08
09
Creation of the City of Brookings TID #17
Project Costs
List of Schedules
28 List of Attachments
Tax Increment Finance District #17 | Purpose & General Definitions| 3
Tax Increment Financing
Tax Increment Financing (TIF) is an incentive utilized by local governments to attract private development and investment. New investment equals new jobs, more
customers, and in turn, more investment opportunity. The incentive can also help attract and retain existing businesses and workers that might otherwise find
more attractive options elsewhere. The jobs and additional investment, both private and public, mean more money for the community. Tax Increment Financing
helps to overcome costs that often prevent redevelopment and private investment from occurring in the community. As a result, the TIF area itself improves and
property values increase.
Specifically, money for improvements and other incentives comes from the growth in property valuations and the corresponding property tax revenues — the
tax increment. A tax increment is the difference between the amount of property valuation present within the TIF district before TIF district designation and the
amount of property valuation increase due to the creation of a TIF district. Property taxes collected on the original valuation existing in the TIF at the time of its
designation continue to be distributed to the city, school district, county and all other taxing districts in the same manner as if the TIF district did not exist. Only
property taxes collected as a result of the incremental increase in the value of these properties after formation of the TIF district are available for use by the coun-
ties or cities to fund projects costs in the TIF district.
In addition to increasing property valuation, creating a Tax Increment District for the benefit of economic development can mean retaining and creating more jobs.
Today’s business climate allows corporations the flexibility to call any state in the union their home. It is up to local communities to attract and retain companies to
their communities. Using Tax Increment Financing is one of the most powerful economic development tools to help communities achieve their goals.
A local government, per South Dakota Codified Law, Chapter 11-9, can designate a specific area within its boundaries as a redevelopment area appropriate for a
TIF district and prepare a plan for development. TIF projects must be recommended for approval by the City Planning Commission and the City Council.
The proposed Tax Increment District consists of two multifamily developments referred to as Paragon and Latitude 44. The Latitude 44 Development will have
114 units with retail / commercial store front on the bottom floor and is located along 6th Street and 12th Avenue. Paragon will have 84 units and is located along
Campanile Avenue and 7th Street. The two developments will be very beneficial to the City of Brookings as there is a need for multifamily housing in the area.
South Dakota State University will also see a large benefit from the developments due to its close proximity to the University. The following page shows a prelimi-
nary conceptual design of the apartments.
Introduction - The Project
Tax Increment Finance District #17 | Purpose & General Definitions| 4
Introduction - The Project
Paragon - 84 units located along Campanile Avenue and 7th Street:Latitude 44 - 114 units and retail / commercial store
front located along 6th Street and 12th Avenue:
Tax Increment Finance District #17 | Purpose & General Definitions| 5
Purpose of the TIF District
The property upon which this Tax Incremental District (TID) is proposed to be implemented is located within the City of Brookings, South Dakota.
As such, the creation of the City of Brookings TIF #17 shall be conditioned upon the creation of the District by resolution, and the establishment of the TID
boundaries and approval of the TID Project plan by the City Planning and Zoning Commission.
The purpose of this Plan, to be implemented by the City of Brookings, South Dakota is to satisfy the requirements for a Tax Increment District Number Seventeen
as specified in SDCL Chapter 11-9. The principal purpose of the Plan is to define eligible property and to define a Tax Increment Plan for funding eligible activities
in an eligible area of the City. The Plan will describe the boundary, estimated costs, feasibility and fiscal impact of the District.
The driving interest in the establishment of this plan is to offer tax increment financing as a tool to stimulate and leverage private sector development and
redevelopment, and to promote economic growth throughout the District and provide a financing vehicle to administer the funds.
Population Growth
In the past several years, the City of Brookings and the surrounding area has experienced a steady increase in population and should expect further growth in the
future. The graph below is from the 2022 Brookings County Housing Study depicting the continuous population growth from 1960 to 2020. The City of Brookings
is home to South Dakota State University, the states largest university. In the fall of 2024, the incoming first-year student class of 2,449 is the largest in the history
of SDSU, breaking the previous mark of 2,306 set in 2013 and surpassing last year’s class by 7.6%. Additionally, retention of students from their first year to their
second year stood at 83.8%, breaking last year’s record by almost one percentage point and marking the fourth time in five years retention at SDSU has been at
80% or higher.
Purpose & General Definitions
Tax Increment Finance District #17 | Purpose & General Definitions| 6
The Need for Housing
With an increase in population the need for
housing also grows. With more than 12,000
SDSU students in Brookings, many homes
within the community are turned into rental
units and takes housing opportunities from
the general workforce within the City. By
developing multifamily housing closer to the
University Campus, students won’t need to
look for as many single family homes within the
community, giving the area workforce access to
affordable single family housing options.
The proposed TIF district will be classified as
economic development due to the commercial
/ retail space along 6th street. However, the
rent associated with the two multifamily
developments is intended to target near the
South Dakota 80% AMI limit. The following
tables show the state’s 80% AMI rent compared
to the estimated rent for the Paragon and
Latitude 44 developments:
Purpose & General Definitions
The following tables show preliminary projected rents:
Tax Increment Finance District #17 | Purpose & General Definitions| 7
General Definitions
The following terms found in this Plan are defined as the following:
“Base” or “Tax Incremental Base” means the aggregate assessed value of all taxable
property located within a Tax Incremental District on the date the district is created, as
determined by SDCL § 11-9-20.
“Blighted or Economic Development” SDCL § 11-9-8.
(1)Not less than twenty-five percent, by area, of the real property within the district
is a blighted area or not less than fifty percent, by area, of the real property within
the district will stimulate and develop the general economic welfare and prosperity
of the state through the promotion and advancement of industrial, commercial,
manufacturing, agricultural, or natural resources; and
(2)The improvement of the area is likely to significantly enhance the value of
substantially all of the other real property in the district.
“Council” means the City of Brookings City Council
“Calendar Year” means the starting date of January 1 to an ending date of December
31st.
“Department of Revenue” means the South Dakota Department of Revenue.
“Developer” means Sixth St Development, LLC
“Developer’s Agreement” means the agreement between Developer and the City of
Brookings concerning this Tax Incremental District.
“District” means the Tax Incremental District.
“Economic Development” means all powers expressly granted and reasonably
inferred pursuant to SDCL § 9-54.
“Fiscal year” means that fiscal year for the City of Brookings
“Generally Applicable Taxes” shall have the same meaning as set forth in 26 CFR §
1.141-4(e)
“Governing body” means the City of Brookings, City Council
“Grant” means the transfer for a governmental purpose of money or property to a
transferee that is not a related party to or an agent of the municipality;
Purpose & General Definitions
“Infrastructure Improvements” means a street, road, sidewalk, parking facility,
pedestrian mall, alley, bridge, sewer, sewage treatment plant, property designed
to reduce, eliminate, or prevent the spread of identified soil or groundwater
contamination, drainage system, waterway, waterline, water storage facility,
rail line, utility line or pipeline, or other similar or related structure or
improvement, together with necessary easements for the structure or
improvement, for the benefit of or for the protection of the health, welfare, or
safety of the public generally.
“Planning Commission” means the City of Brookings Planning Commission
“Plan” means this Project Plan.
“Project Costs” means any expenditure or monetary obligations by the City of
Brookings, whether made, estimated to be made, incurred or estimated to be
incurred, which are listed as Project Costs herein will include any costs incidental
thereto but diminished by any income, special assessments, or other revenues,
other than tax increments, received, or reasonably expected to be received, by the
City of Brookings in connection with the implementation of this Plan.
“Project Plan” means a properly approved Plan for the development or
redevelopment of a tax incremental district including all properly approved
amendments thereto as recommended pursuant to SDCL § 11-9-13.
“Public Works” means the Infrastructure Improvements, the acquisition
by purchase or condemnation of real and personal property within the Tax
Incremental District and the sale, lease, or other disposition of such property to
private individuals, partnerships, corporations, or other entities at a price less than
the cost of such acquisition which benefit or further the health, safety, welfare and
economic development of the City and Project Costs.
“Taxable Property” means all real taxable property located in a Tax Incremental
District.
“Tax Incremental District” means a contiguous geographic area within a City
defined and created by resolution of the governing body and named the City of
Brookings Tax Increment District #17.
“Tax Increment Valuation” is the total value of the Tax Increment District
minus the tax incremental base pursuant to § 11-9-19.
“Tax Increment Law” means South Dakota Codified Laws Chapter 11-9.
Tax Increment Finance District #17| Creation of the City of Brookings TID #17| 8
Creation of the District
Representatives of the Developer have approached officials of the City of
Brookings regarding the possibility of creating a Tax Incremental Financing
District (“TID”) to assist in the Project Costs within the Plan on land located
within the City of Brookings, South Dakota.
The City of Brookings wishes to build a diverse, and resilient economy that
allows for upward economic mobility for the community, broadens and
promotes economic well-being and quality of life for its residents. Through
business attraction, retention and expansion, job creation, infrastructure
development, and workforce development.
Creation of Brookings Tax Increment District #17
CITY OF BROOKINGS
Tax Increment District Base Values
6 $0
7 $7,962,897
8 $161,311
9 $2,774,420
10 $1,050,400
11 $559,400
12 $0
13 $301,400
14 $195,237
15 $387,900
16 $17,828,000
17 $1,641,000
Total $32,861,965
City of Brookings Taxable Value $2,143,044,301
All Base Values must be < 10%$214,304,430
State law requires that tax increment districts cannot exceed ten
percent of the taxable value of a municipality. The 2024 valuation
of the City of Brookings is $2,143,044,301. The base value of the
taxable property for inclusion into this Tax Incremental District #17,
as estimated but not yet verified by the Brookings County Director of
Equalization, is $1,641,000.
11-9-7. Maximum percentage of taxable property in municipality
permitted in districts. In order to implement the provisions of this
chapter, the resolution required by § 11-9-5 shall contain a finding that
the aggregate assessed value of the taxable property in the district plus
the tax incremental base of all other existing districts does not exceed
ten percent of the total assessed value of taxable property in the
municipality.
There are eleven other active TIF district in the City of Brookings.
Using the estimates provided for TID #17, the value of all existing Tax
Increment Districts combined is less than 2% of the total 2024 Taxable
Valuation.
Tax Increment Finance District #17 | Project Costs| 9
Project Costs
In order to implement the provisions of SDCL Chapter 11-9, the
following are Project Costs and expenditures made or estimated
to be made and the monetary obligations incurred or estimated
to be incurred. The Project Costs include capital costs, financing
costs, real property assembly costs, professional fee costs, imputed
administration costs, relocation costs, organizational costs,
discretionary costs and grants, plus any costs incidental thereto.
All Project Costs are found to be necessary and convenient to the
creation of the Tax Incremental District and its implementation. The
project constitutes economic development which is a proper public
purpose of the City. The City exercises the powers expressly stated in
and reasonably inferred by SDCL §11-9-15 and Chapter 9-54. The City
shall enter into all contracts in accordance with South Dakota Law.
Costs of Public Works and Improvements
In accordance with SDCL § 11-9-14 the following is the kind, number,
location and dollar amount of estimated Project Costs, costs of public
works and improvements.
The above are estimates of the costs involved in the project; the final
total may be greater or smaller. An itemized listing of the estimated
costs is set forth on Schedule 1. Because the cost estimates are only
projected expenditures, the total authorized TID costs is expected
to be $6,513,338. This amount is the controlling value with respect
to authorized TID Project Costs rather than the particular line item
amounts contained in the above Chart and Schedule 1. The line item
categories proposed are for guidance only, and actual costs will be
determined upon completion of the improvements. The above total
represents eligible Project Costs. Only such amounts as are feasible
will be allowed by the City or by monetary obligation.
Kind, Number, Location, And Detailed Costs Of Proposed Public Works
And Improvements - Sdcl § 11-9-13(1) W
PROJECT COSTS
Kind of Project Location1 Amount Reference2
Capital Costs (Street, Water &
Sewer) (cleaning & grading of
land & associated costs)
District 11-9-15(1)
Financing Costs District 11-9-15(1)
Real Property Assembly District 11-9-15(1)
Professional Fees District 11-9-15(1)
Administrative Costs District 11-9-15(1)
Relocation Costs District 11-9-15(1)
Organizational Costs District 11-9-15(1)
Discretionary Costs and Grants District $6,513,338 11-9-15(1)
Eligible Project Costst $6,513,338
1 District shall mean the Tax Increment District
2 SDCL §11-9-15 (1) Capital costs, including the actual costs of the construction of public works or improvements,
buildings, structures, and permanent fixtures; the demolition, alteration, remodeling, repair, or reconstruction of
existing buildings, structures, and permanent fixtures; the acquisition of equipment; the clearing and grading of
land; and the amount of interest payable on tax incremental bonds or notes issued pursuant to this chapter until
such time as positive tax increments to be received from the district, as estimated by the Project Plan, are sufficient
to pay the principal of and interest on the tax incremental bonds or notes when due
(2) Financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for Project
Costs, any premium paid over the principal amount thereof because of the redemption of such obligations prior to
maturity and a reserve for the payment of principal of and interest on such obligations in an amount determined
by the governing body to be reasonably required for the marketability of such obligations;
(3) Real property assembly costs, including the actual cost of the acquisition by a municipality of real or personal
property within a tax incremental district less any proceeds to be received by the municipality from the sale, lease,
or other disposition of such property pursuant to a Project Plan;
(4) Professional service costs, including those costs incurred for architectural, planning, engineering, and legal
advice and services;
(5) Imputed administrative costs, including reasonable charges for the time spent by municipal employees in con-
nection with the implementation of a Project Plan;
(6) Relocation costs;
(7) Organizational costs, including the costs of conducting environmental impact and other studies and the costs of
informing the public of the creation of tax incremental districts and the implementation of project plans; and
(8) Payments and grants made, at the discretion of the governing body, which are found to be necessary or conve-
nient to the creation of tax incremental districts or the implementation of project plans.
The project costs below are further defined on page 18 & 19.
Tax Increment Finance District #17 | Project Costs| 10
Conditions of the Developer Agreement relating to Constitutional Debt
It is specifically a condition of the proposed Developer’s Agreement that the City’s obligation to pay is limited to the proceeds of the positive tax increment from
the TID receipted into the TIF Fund. The obligation of the City to pay pursuant to the proposed Agreement does not constitute a general indebtedness of the
City or a charge against the City’s general taxing power. The provisions of SDCL 11-9-36 are specifically incorporated within the Agreement by reference. It is
also to be specifically agreed that the City has made no representation that the proceeds from such Fund shall be sufficient to retire any indebtedness incurred
by Developer. The parties further acknowledge that SDCL 11-9-25 limits the duration of allocation of the positive tax increment payments and the fund created
by the TID.
Additionally, the City’s obligations to make the payments set forth in the proposed Agreement shall be lawfully made from funds to be budgeted and
appropriated on an ANNUAL BASIS for that purpose during the City’s then current fiscal year, thus not counting towards Constitutional Debt. If at any time
during the term of this Agreement, the governing body of the City shall fail or refuse to approve or authorize the funds due hereunder, then the Agreement
shall terminate upon the end of the fiscal year for which funds were approved or authorized, without penalty to the City. The City’s obligation hereunder
shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional or statutory limitation or requirement concerning
the creation of indebtedness by the City, nor shall anything contained herein constitute a pledge of the general credit, tax revenues, funds or moneys of the
City. Notwithstanding anything to the contrary contained in the proposed Agreement, the City hereby acknowledges and agrees that the obligations of the
City under this Agreement are a material inducement for Developer to incur various development and construct improvements upon the TID property and the
failure to pay tax increment to Developer will be financially detrimental to future improvements on said property.
It is further understood that the amount of $6,513,338 will be the maximum amount the City will ever pass on acting as a conduit for TIF #17. This amount will
include any and all interest associated with the debt and the controlling value of the TIF will never pay more than $6,513,338.
The payment of tax increment funds under this Agreement is a Grant under Chapter 11-9 of the South Dakota Codified Laws (the “Grant”). The Grant is a
personal property right vested with the Developer on the effective date of this Agreement. The City will Grant this amount to the Developer and thus not have
to account for any assets on the City’s financial statement. The Developer will be responsible for obtaining their financing and the City will not be liable for any
Developer debt.
Upon completion of the construction of the infrastructure improvements, the Developer shall certify to the City’s Finance Officer the costs of construction,
including capital costs, Professional Fees, and contingency costs. The Developer shall provide contractor/supplier invoices or other supporting documentation
upon request of the Finance Officer. Upon certification and verification of costs, the City shall pay all available tax increment fund revenues not to exceed
$6,513,338 to the Developer.
Kind, Number, Location, And Detailed Costs Of Proposed Public Works
And Improvements - Sdcl § 11-9-13(1)
Tax Increment Finance District #17 | Project Costs| 11
Expenditures Exceeding Estimated Cost
Any expenditures, which in sum would exceed the total amount of the TID amount of $6,513,338 will require an amendment of this Plan. All amendments would be undertaken
pursuant to SDCL §11-9-23.
When the expenditures within the Plan are increased in excess of more than 35 percent of the total above, the Department of Revenue will be required to reset the base, in
accordance with SDCL §11-9-23.
If the Project Costs are not provided for in the original plan, the governing body would be required to amend the plan which requires the South Dakota Department of Revenue
to re-determine the tax increment base when additional Project Costs are added to a plan. SDCL §11-9-23.
Detailed List of Estimated Project Costs
Attached as Schedule 1 is a detailed list of estimated Project Costs for each of the phases of the project as per SDCL § 11-9-13(3). No expenditure for Project
Costs is provided for more than five years after the District is created.
Feasibility Study
An economic feasibility study per SDCL § 11-9-13(2) is attached as Schedule 2.
Economic Development Study
Attached is Schedule 4 a Fiscal Impact Statement showing the impact of the Tax Increment District, until and after the debt is repaid, upon all entities levying
property taxes in the district. Required as per SDCL § 11-9-13(4).
Fiscal Impact Statement
Attached is Schedule 4 a Fiscal Impact Statement showing the impact of the Tax Increment District, until and after the debt is repaid, upon all entities levying
property taxes in the district. Required as per SDCL § 11-9-13(4).
Kind, Number, Location, And Detailed Costs Of Proposed Public Works
And Improvements - Sdcl § 11-9-13(1)
Tax Increment Finance District #17 | Additional Information 12
Method of Finance
The payment of Project Costs is anticipated to be made by the City to
Developer from the special fund of the Tax Incremental District. SDCL
§ 11-9-13(5). Pursuant to the Developer’s Agreement, the City will pay
to the Developer all available tax increment funds it receives from the
District.
Maximum Amount of Tax Increment Revenue
The maximum amount of tax increment revenue bonds or monetary
obligations to be paid through Tax Increment District #17 shall be the
amount sufficient to reimburse the Developer for the payments made for
Project Costs and pay all tax increment bonds or monetary obligations in
an amount not to exceed $6,513,338 principal and interest or such lesser
amount as may be feasible with the estimated revenue generated by the
Tax Increment District. The final terms and conditions will be set forth in
the Developer’s Agreement.
Duration of Tax Increment Plan
The duration of the Plan will extend to the number of years it will take
for the reimbursement of the City, the extinguishment of bonds and the
monetary obligation except that the Plan duration shall not exceed 20
calendar years of revenue from the date of creation of the District.
Method Of Financing, Timing Of Costs And Monetary Obligations
Tax Increment Finance District #17 | Additional Information 13
Impact
The site will generate taxes to the local jurisdictions at or above the assessed value of the base. All taxing districts shall receive the taxes from that
base which will be the value set for 2024 taxes payable in 2025. The tax increment will be available to the taxing jurisdictions at or before twenty
years after the creation of the District. Schedule 5 details the tax capture implications to each of the local taxing jurisdictions. After the repayment of
the bonds and monetary obligations, taxing entities will receive their proportionate share of tax dollars for the base value and the tax incremental
values.
GENERAL FUNDGENERAL FUND
Mechanisms are built within State Codified Law to ensure that school districts are held harmless by TIF districts for their General and Special
Education Funds. For these purposes, law (SDCL 13-13-10.2) defines four classifications of TIFs:
»Economic Development - Any area where there is or will be one or more businesses engaged in any activity defined as commercial or industrial by
the governing body that has zoning authority over the land contained within the tax incremental district
»Industrial – Any factory or any business engaged primarily in the manufacturing or assembly of goods, the processing of raw materials, and the
wholesale distribution of products for resale
»Affordable Housing – Includes an area where: 1. The original selling price of any house in the district will be at or below the first-time homebuyer
purchase price limit being used by the South Dakota Housing Development Authority as of the date the house is sold; OR 2. The monthly rental rate
of all multifamily housing units in the district will be at or below the calculated rent for the state’s eighty percent area median income as of the date
the district is created, for a minimum of five years following the date of first occupancy.
»Local – Any tax incremental districts that do not fall under Economic Development or Industrial
All public school districts are funded through the State Aid to Education formula. The two primary channels of the formula are State Aid and Local
Effort. Multiple agencies of the State of South Dakota calculate the amount of General Fund monies to be distributed to school districts each year
through the State portion. Local effort is considered the amount of revenue that is generated by local property taxes at maximum levies.
If a TIF is classified as Economic Development, Industrial, or Affordable Housing, the school funding that would be generated by the increment
valuation is considered lost local effort and is paid through the State Aid side of the formula. If a TIF is classified as Local, the affected school district
funding must be recouped through local effort in the form of an additional levy added to the General and Special Education Funds. In either scenario,
the school district receives the financial need associated with the increment valuation.
The City of Brookings TIF #17 will be classified as Econcomic Development; therefore, any lost local effort will be covered through the State Aid to
Education Formula.
Estimated Impact Of Tax Increment Financing On
Revenues Of Taxing Jurisdictions
Tax Increment Finance District #17| Additional Information 14
CAPITAL OUTLAY FUND
The impact of a TIF to the Capital Outlay Fund is minimal. Starting on July 1, 2020, a school district is limited to
the amount of capital outlay dollars they can receive by either:
A. the previous year’s maximum allowable can be increased by a growth factor plus 3%
Or
B. a per student amount.
The primary impact would be to the first scenario; a TIF would delay annual growth until the TIF is completed.
However, once the TIF is dissolved, all increment value would be considered new growth for the school
district. If a school district falls under a per student limitation, they will see no impact to their funding due to
the TIF.
SPECIAL EDUCATION FUND
The Special Ed Fund has the potential to see the greatest negative impact from the creation of a TIF district.
If the school district requests their special education monies in the form of a levy, then the exclusion of the
TIF increment in the tax base would mean the school district is not receiving as much as it could.
If the school district submits their request in a dollar amount, then the fund would see no impact from a TIF
district.
BOND REDEMPTION FUND
The school district is always able to ask for the needed money for the principal and interest of their bond
repayment. The only impact a TIF would have on this fund is by holding back the increment value, lowering
tax base for the spreading of the tax burden and creating a slightly higher levy for the local taxpayers.
Estimated Impact Of Tax Increment Financing On
Revenues Of Taxing Jurisdictions
Tax Increment Finance District #17 | Additional Information 15
Supplementary Findings
LIST OF ESTIMATED NON-PROJECT COSTS
Item Amount
Completed Development Costs $21,400,000
Total $21,400,000
CHANGES TO CITY COMPREHENSIVE/MASTER PLAN MAP, BUILDING
CODES & CITY ORDINANCES PER SDCL §11-9-16 (4)
No changes to either City ordinances or the City Master Plan are required.
LIST OF ESTIMATED NON-PROJECT COSTS
The following is a list of the non-Project Costs per SDCL § 11-9-16(5). All costs
are listed as taxable value; actual non-project costs will exceed the following
amounts.
STATEMENT OF DISPLACEMENT AND RELOCATION PLAN
No residents or families will be displaced by the Project. SDCL § 11-9-16(6)
PERFORMANCE BOND, SURETY BOND OR OTHER GUARANTY
As security for its fulfillment of the agreement with the governing body,
a purchaser or lessee of redevelopment property may furnish a perfor-
mance bond, with such surety and in such form and amount as the gov-
erning body may approve or make such other guaranty as the governing
body may deem necessary in the public interest. This additional security
may be provided for in a Developer’s Agreement.
The costs above are related to the construction of
the buildings within the District and are deemed
non - eligible for Tax Increment reimbursement.
TAX INCREMENT FINANCE DISTRICT #17
List of Schedules
Schedule 1 - Estimated Project Costs
Schedule 2 - Economic Feasibility Study & Estimated Captured Taxable Values
Schedule 3 - Economic Development Study
Schedule 4 - Fiscal Impact Statement
Schedule 5 - Estimated Captured Taxable Values
Tax Increment Finance District #17| List of Schedule 16
Tax Increment Finance District #17 | Project Costs| 17
Schedule 1
Engineer’s Opinion of Probable Costs
Estimates TID Eligible of Project Costs Requested
The City of Brookings has determined that this will be an economic development Tax Increment District, thus the eligible cost will be in the form of an infra-
structure grant that will not exceed $6,513,338 This is a permitted use under SDCL 11-9-15. 11-9-15. Specific items included in project costs. Project costs
include:
(1) Capital costs, including the actual costs of the construction of public works or improvements, buildings, structures, and permanent fixtures; the demoli-
tion, alteration,
remodeling, repair, or reconstruction of existing buildings, structures, and permanent fixtures; the acquisition of equipment; the clearing and grading of
land; and the amount of interest payable on tax incremental bonds / debt issued pursuant to this chapter until such time as positive tax increments to be
received from the district, as estimated by the project plan, are sufficient to pay the principal ofand interest on the tax incremental bonds / debt when due;
(2) Financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for project costs, any premium paid over the principal
amount thereof because of the redemption of such obligations prior to maturity and a reserve for the payment of principal of and interest on such obliga-
tions in an amount determined by the governing body to be reasonably required for the marketability of such obligations; .
(3) Real property assembly costs, including the actual cost of the acquisition by a municipality of real or personal property within a tax incremental district
less any proceeds to be received by the municipality from the sale, lease, or other disposition of such property pursuant to a project plan;
(4) Professional service costs, including those costs incurred for architectural, planning, engineering, and legal advice and services;
(5) Imputed administrative costs, including reasonable charges for the time spent by municipal employees in connection with the implementation of a project
plan;
(6) Relocation costs;
(7) Organizational costs, including the costs of conducting environmental impact and other studies and the costs of informing the public of the creation of tax
incremental districts and the implementation of project plans; and .
(8) Payments and grants made, at the discretion of the governing body, which are found to be necessary or convenient to the creation of tax incremental
districts, the implementation of project plans, or to stimulate and develop the general economic welfare and prosperity of the state
Tax Increment Finance District #17 | Project Costs| 18
Engineer’s Opinion of Probable Costs
The following engineer’s estimate shows the estimated costs of Infrastructure:
Tax Increment Finance District #17 | Project Costs| 19
Engineer’s Estimate of Probable Costs
Tax Increment Finance District #17 | Project Costs| 20
Project Cost Amortization Schedule
The Principal Amount of the following Amortization Schedule is based on the infrastructure expense only:
Total TIF eligible expenses are in the amount of $9,483,292. The
Developer is only requesting $6,513,338 as the TIF can only support
that amount. The assumptions on page 22 further define the TIF
amount and the Developer’s buildout schedule.
Tax Increment Finance District #17 | Project Costs| 21
Project Cost Amortization Schedule
The following table shows the proposed tax increment revenue split with South Dakota State University
(SDSU. The Developer, Sixth Street Development, LLC will recieve 100% of the tax increment revenue until
the 5th year of the district to allow for stabilization of the tax increment. SDSU will then recieve 12% of the
tax increment to reimburse their expenses for the reconstruction of Campanile Avenue up to the amount
of $650,000. Sixth St Development, LLC will then continue to recieve 100% of the remaining amount up to
$5,863,338.
Tax Increment Finance District #17 | Schedules 22
Schedule 2
Feasibility Study, Economic Development Study, And
Fiscal Impact Statement
The City’s role is to simply act as a conduit for the revenue and pass on
all positive increment to the Developer, per the Developer’s Agreement.
The Agreement will state the conditions of which to receive the positive
increment, of which, will never exceed $6,513,338 in total payments, or
20 years, whichever comes first.
It is assumed that all obligations incurred would be adequately secured
as to allow the payment of principal and interest when due, whether
by means of a taxable bond or loan. The actual repayment schedule
may change, but all principal and interest shall be paid within the life of
the TID. Utilizing the information regarding expected increment valua-
tion and tax generation, it is possible to estimate an expected revenue
stream that can be utilized to retire debt that will be created as a result
of implementing the Project Plan.
The City of Brookings TID #17 is proven feasible based upon the projec-
tions made by the Developer, projecting a total in excess of $6,513,338
in tax revenue during the life of the 20-year TIF. The calculations of the
estimated tax increment valuation and tax generated for the TID can be
found in the following tables. For purposes of this Project Plan, it is an-
ticipated no increment generated by the City of Brookings TID #17 will
be available until the earliest of calendar year 2027 and thereafter.
The City has been asked to create a Tax Increment District to help offset the
expansion associated with this project. This feasibility study provides that the
Project Costs can be financed through tax increment financing under South
Dakota Tax Incremental District Law (South Dakota Codified Laws Chapter
11-9). Tax increment financing is an indispensable self-financing tool used
throughout the United States to help local governments successfully develop
and redevelop areas and encourage economic development.
In tax increment financing, the current real property tax assessed value of all
properties in a designated project area (“tax increment financing district”) is
established as the “base value.” As development in the tax increment financ-
ing district increases the assessed values of the redeveloped properties, a
portion of the additional tax revenue generated by the increase in assessed
value over the base value is set aside and committed by the City to the reim-
bursement of approved project costs.
Tax increment financing is permitted only in connection with a “Project Plan”
duly adopted by the City. The property is currently estimated to have a tax-
able value of $1,641,000. The improvements to be made to the property are
estimated to add to the assessed valuation. The estimated increment re-
sulting from the improvements would be approximately $21,400,000 in new
value once fully developed. Since only positive tax increment will be applied,
the proposed project is feasible.
All of the project costs are found to be necessary and convenient to the cre-
ation of the Tax Incremental District and the implementation of the project.
Tax Increment Finance District #17 | Schedules 23
TID Tax Revenue Estimates Available for the City of Brookings TID #17
*The projections are hypothetical and are based on the buildout schedule provided by the Developer:
Tax Increment Finance District #17 | Schedules 24
TID Tax Revenue Comparables for City of Brookings #17
*The following shows comparable developments and their values within the City of Brookings to give validity to the projections on page 22:
• The Lofts located at 1116 6th Street, Brookings, SD
• 2024 Valuation - $6,859,100
• 2023 Taxes Paid - $117,130
• 65 Units
• Annual Average Tax Per Unit - $1,802
• Innovation Village located at 2405 10th Street, Brookings, SD
• 2024 Valuation - $11,975,200
• 2023 Taxes Paid - $244,131
• 131 Units
• Average Annual Tax Per Unit - $1,863
Tax Increment Finance District #17| Schedules 25
Schedule 3
Economic Development Study
Introduction
The City of Brookings has been approached concerning the creation of a tax increment district (TID). Per South Dakota Codified Law 11-9-8, the governing body
must make a finding that not less than 50%, by area, of the real property within the district will stimulate and develop the general economic welfare and pros-
perity of the State through the promotion and advancement of industrial, commercial, manufacturing, agricultural and natural resources, and the improvement
of the area is likely to enhance significantly the value of substantially all of the other real property in the district.
Study Area Boundary
The Project boundaries are described and depicted on the maps in Attachments 1 and 2 of this Plan.
Establishing Economic Development
South Dakota law describes economic development as activity that stimulates and develops the general economic welfare and prosperity of the state through
the promotion and advancement of industrial, commercial, manufacturing, agricultural, or natural resources. The definition of economic development for State
Aid to Education Formula purpose is any area where there is or will be one or more businesses engaged in any activity defined as commercial or industrial by
the governing body that has zoning authority over the land contained within the TIF district. The proposed City of Brookings TID #17 meets both of these criteria.
The proposed development will consist Commercial property
Finding That the Improvements to the Area Are Likely To Enhance Significantly the Value of Substantially All of the Other Real Property in the
District
It is definitively found that once the improvements set forth within the Project Plan are initiated, the improvements will enhance significantly the value of sub-
stantially all of the other real property in the district. The City of Brookings TIF #17 will revitalize economic development to the City of Brookings and the eastern
region of the State of South Dakota. A supplemental use of the TIF will be improvements as deemed necessary within the developed area.
Conditions Within the Study Area; Land Use and Planning Land Use, Planning and Comprehensive Plan
The City of Brookings’ Comprehensive Plan is consistent with the proposed use of the District.
Findings within the Project Area Analysis
It is found that not less than 50%, by area, of the real property within the District will stimulate
and develop the general economic welfare and prosperity of the State of South Dakota through
the promotion and advancement of economic development. It is also found that the improvement
of the area is likely to enhance significantly the value of substantially all of the other real property
in the District in accordance with SDCL 11-9-8
Tax Increment Finance District #17 | Schedules 26
Schedule 4
Fiscal Impact Statement for the City of Brookings TID #17
Introduction
A fiscal impact statement shows the impact of the TID, both until and after the bonds or obligations are
repaid, upon all entities levying taxes upon property in the District. The following fiscal impact statement
is intended to provide only a brief analysis of the estimated impact of the Tax Increment District to the
public pursuant to SDCL § 11-9-13(4). It is not intended to challenge a more detailed, complete financial
analysis.
Definitions
“Assumptions” means factors or definitions used in the fiscal analysis. Assumptions may include facts
and figures identified by the District and educated guesses that are sometimes necessary when not all of
the information is available. Assumptions are often used to extrapolate an estimate. Assumptions may
include an estimate of tax levies of each taxing entity, the school aid formula contribution, the value of
the real property, etc.
“Base Revenues” means the taxes collected on the base value.
“Fiscal Impact” means the increase or decrease in revenues and generally refers to an impact to revenues caused by the district.
“Revenue” means ad valorem taxes.
“Tax Increment District” means the City of Brookings Tax Increment District Number 17
“Taxing Districts” means all political subdivisions of the state which have ad valorem taxing power over property within the boundaries of the
Tax Increment District.
“Tax Increment Revenues” means all revenues above the Base Revenues.
Assumptions
1. The property will have improvements which at completion is estimated at taxable purposes projected to exceed $21,400,000.
2. The average tax levy of all taxing districts will be $18.966 “Other” per thousand dollars of taxable valuation.
3. Tax increment will start to be collected in 2027 and end prior to 2044.
4. The discretionary formula will be waived by Developer and the tenants.
Tax Increment Finance District #17 | Schedules 27
Schedule 5
Estimated Captured Taxable Values
For purposes of this Project Plan, it is assumed that the Developer will elect not to use the real property tax discretionary formula cur-
rently utilized in Brookings County, South Dakota, pertaining to payment of real property taxes (i.e., 20% Year 1; 40% Year 2; 60% Year 3; 80%
Year 4; and 100% Year 5.)
10-6-137. Discretionary formula for reduced taxation of new structures and additions--Partially constructed structures.
Any structure classified pursuant to this section, must, following construction, be valued for taxation purposes in the usual manner. The board of county com-
missioners of the county in which the structure is located, may adopt a formula for assessed value to be used for tax purposes. Except as otherwise provided in
§ 10-6-137.1, the formula may include, for any or all of the five tax years following construction, all, any portion, or none of the assessed value for tax purposes.
Any formula adopted must be equally applied to specifically classified properties within a tax increment finance district.
The board of county commissioners of the county in which the structure is located may, if requested by the owner of the structure, fully assess the structure
without application of the formula. In waiving the formula for the structure of one owner, the board of county commissioners is not prohibited from applying
the formula for subsequent new structures. The assessed value during any of the five years may not be less than the assessed value of the property in the year
preceding the first year of the tax years following construction.
Any structure that is partially constructed on the assessment date may be valued for tax purposes, pursuant to this section, and the value may not be less than
the assessed value of the property in the year preceding the beginning of construction. The period that the property is valued for tax purposes under this sec-
tion may include the years when the property is partially constructed.
Following the five-year period under this section, the property must be assessed at the same percentage as all other property for tax purposes, except as
otherwise provided in § 10-6-137.1.
Any of the following types of real property may be specifically classified for the purpose of taxation pursuant to this section:
(1) Any new industrial or commercial structure, or any addition, renovation, or reconstruction to an existing structure, located within a designated urban re-
newal area as defined in § 11-8-4, if the new structure, addition, renovation, or reconstruction has a full and true value of thirty thousand dollars or more;
(2) Any new industrial structure, including a power generation facility, or an addition to an existing structure, if the new structure or addition has a full and
true value of thirty thousand dollars or more;
(3) Any new nonresidential agricultural structure, or any addition to an existing structure, if the new structure or addition has a full and true value of ten thou-
sand dollars or more;
(4) Any new commercial structure, or any addition to an existing structure, except a commercial residential structure as described in subdivision (5), if the new
structure or addition has a full and true value of thirty thousand dollars or more;
(5) Any new commercial residential structure, or addition to an existing structure, containing four or more units, if the new structure or addition has a full and
true value of thirty thousand dollars or more;
(6) Any new affordable housing structure containing four or more units, with a monthly rental rate of the units at or below the annually calculated rent for
the state’s sixty percent area median income being used by the South Dakota Housing Development Authority for a minimum of ten years following the date of
first occupancy, if the structure has a full and true value of thirty thousand dollars or more;
(7) Any new residential structure, or addition to or renovation of an existing structure, located within a redevelopment neighborhood established pursuant
to § 10-6-141, if the new structure, addition, or renovation has a full and true value of five thousand dollars or more. The structure must be located in an area
defined and designated as a redevelopment neighborhood based on conditions provided in § 11-7-2 or 11-7-3; or
(8) Any commercial, industrial, or nonresidential agricultural property that increases more than ten thousand dollars in full and true value, as a result of re-
construction or renovation of the structure.
Tax Increment Finance District #17 | Schedules 28
Schedule 5 Continued
Estimated Captured Taxable Values
* Actual valuation shall depend upon the value determined by the Brookings County Director of
Equalization when assessed, with the application of dollars-per-thousand from local taxes. All tax
increment revenues shall be from Generally Applicable Taxes attributable to the improvements to be
constructed in the TID. The potential for total increment collections are estimated to be at the maximum
range of $6,513,338 covering a span of captured tax years not to exceed 20. Collection is anticipated to
begin in 2027, and the schedule carries out the tax captured 20 years from the date of Plan adoption.
The following dollars-per-thousand rates are the current taxing rates of the local taxing jurisdictions for
“Other” property types:
2024 Property Tax Rate “Other”
Entity Mill Rate
Brookings County 4.025
Brookings School District 12.658
City of Brookings 2.262
East Dakota Water District .021
Total 18.966
Utilizing the information regarding expected increment valuation and tax generation, it is possible to
generate an expected revenue stream that can be utilized to retire debt that will be created as a result of
implementing the Project Plan.
TAX INCREMENT FINANCE DISTRICT #17
List of Attachments
Attachment 1 - Description of Real Property
Attachment 2 - Conditions map, SDCL § 11-9-16(1)
Attachment 3 - Improvements map, SDCL § 11-9-16(2)
Attachment 4 - Zoning Change Map SDCL § 11-9-16(3)
Attachment 5 - TID Boundary Map
Attachment 6 - Department of Revenue Classification Letter
Tax Increment Finance District #17 | List of Attachments 29
Tax Increment Finance District #17 | Attachments 30
Attachment 1
Description of Real Property
Description of Real Property:
• Lot 1A in Block 4 of Hill Park Addition, an addition to the City of Brookings, Brookings County, South Dakota
• Lot 13A in Block 2 of Sanderson’s Addition to the City of Brookings, Brookings County, South Dakota
• S 40’ Lot 4, Lot 5, N 15’ Lot 6, Block 1 of Sanderson’s Addition to the City of Brookings, Brookings County, South Dakota
All Located in the City of Brookings, Brookings County, South Dakota including within and adjacent right-of-way.
Tax Increment Finance District #17 | Attachments 31
Attachment 2
Conditions picture for the City of Brookings Tax Incremental District #17, SDCL § 11-9-16(1)
The following image shows the current condition of the proposed location of TID #17:
Below is the current conditions of the Paragon Development:Below is the current conditions of the Latitude 44 Development:
Tax Increment Finance District #17 | Attachments 32
Attachment 3
Improvements Map for the City of Brookings Tax Incremental District #17, SDCL § 11-9-16(2)
The following image shows the improvements map for the Latitude 44 Development:The following image shows the improvements map
for the Paragon Development:
Tax Increment Finance District #17 | Attachments 33
Attachment 4
Zoning Change Map SDCL § 11-9-16(3)
The current Zoning for the Paragon Development is zoned PDD
with underlying R-3.
The current Zoning for the Latitude 44 Development is Zoned B-2.
The Paragon Development and the Latitude 44 development are correctly zoned.
Tax Increment Finance District #17 | Attachments 34
Attachment 5
Tax Increment District Boundary Map
The following image shows the boundary of the tax increment district:
Tax Increment Finance District #17 | Attachments 35
Attachment 17
Department of Revenue Classification Letter
The following is a document from the South Dakota Department of Revenue:
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 25-049,Version:1
Action on Resolution 25-049, a Resolution Authorizing the City Manager to sign a Maintenance
Agreement with Sixth Street Development, LLC.
Summary and Recommended Action:
Staff recommends approval of the proposed resolution which will authorize the City Manager to
approve a Maintenance Agreement with Sixth St. Development, LLC, for Tax Increment District #17,
detailing the developer’s maintenance obligations and responsibilities in exchange for receiving tax
increment revenue.
Attachments:
Memo
Resolution
Agreement
City of Brookings Printed on 5/8/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Mike Struck, Community Development Director
Meeting: May 13, 2025
Subject: Resolution 25-049: Maintenance Agreement with Sixth St.
Development, LLC
Presenter(s): Mike Struck, Community Development Director
Summary and Recommended Action:
Staff recommends approval of the proposed resolution which will authorize the City
Manager to sign a Maintenance Agreement with Sixth St. Development, LLC for Tax
Increment District #17, detailing the developer’s maintenance obligations and
responsibilities in exchange for receiving tax increment revenue .
Item Details:
The City of Brookings created Tax Increment District #17 and approved an associated
Project Plan describing the improvements associated with an economic development
project. Latitude 44 is a mixed-use development located along 6th Street between 12th
Avenue and 13th Avenue. The project will include approximately 114 residential units
with main level commercial and parking. The Paragon is a multi-story residential project
along Campanile Avenue between 6th Street and 7th Street comprising approximately 84
residential units.
The Tax Increment Financing Agreement details the obligations and responsibilities of
the developer in exchange for receiving tax increment financing. The developer agrees
to construct the two projects, as well as improvements within the public right-of-way,
specifically improvements within the Campanile right-of-way which will enhance the
entryway to South Dakota State University. The developer will front the costs of the
project improvements and will only be reimbursed property tax increment generated
from development occurring within the district.
This project is a public / private partnership whereby Brookings Municipal Utilities, South
Dakota State University, and the City of Brookings worked cooperatively with the
developer to ensure coordination, timing, and cost sharing of public improvements to
benefit the neighborhood.
A separate maintenance agreement is necessary to acknowledge the rights,
responsibilities, and obligations of the developer and successors from a maintenance
perspective. The maintenance agreement will be perpetual while the tax increment
financing agreement expires at the time the district is decertified.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of life by
strategically planning, implementing and maintaining infrastructure and facilities.
Supporting Documentation:
Resolution
Agreement
Prepared by:
Community Development Dept.
520 3rd St., Suite 140
Brookings, SD 57006
RESOLUTION 25-049
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MAINTENANCE
AGREEMENT WITH SIXTH STREET DEVELOPMENT, LLC.
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
WHEREAS, the City has approved Tax Increment District #17 – Latitude 44, detailing
the developer’s obligations and responsibilities in exchange for receiving tax increment
revenue; and
WHEREAS, the City requires the developer to sign a recordable Maintenance
Agreement for associated improvements within the Tax Increment District.
NOW , THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Brookings, South Dakota, as follows:
A. The City Manager is authorized to sign the Maintenance Agreement for Tax
Increment District #17 – Latitude 44, which is to be recorded as a restrictive
deed with the office of the Brookings County Register of Deeds.
Passed and Approved on the 13th day of May, 2025.
CITY OF BROOKINGS, SD
ATTEST: Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk
Agreement No. M25-01
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DEVELOPMENT MAINTENANCE AGREEMENT
SIXTH STREET DEVELOPMENT L.L.C.
THIS AGREEMENT, made as of May 13, 2025, 2025, by and between the City of
Brookings, a municipal corporation of the State of South Dakota, (referred to as the “City”
herein), and Sixth Street Development, LLC., hereinafter referred to as “Developer”.
Whereas, the Developer certifies that it is the owner of tracts of land legally described
as set forth in Exhibit “A” and incorporated by reference; and
Whereas, the Developer certifies that it has the legal authority to enter into this
agreement; and
Whereas, the Developer has submitted a plan for development as illustrated in Exhibit
“B”; and
Whereas, the City subdivision regulations require that all infrastructure improvements
essential to the proper development of any subdivision, or portion thereof, be completed by the
Developer in accordance with the City’s subdivision regulations; and
Whereas, this agreement is given for the benefit of the City as well as successors in
interest of the development; and
Whereas, the City hereby establishes certain requirements applicable to the
development in connection with the proposed development as set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the parties, for themselves, their successors and assigns, hereby agree as follows:
Section 1 - Developer’s Obligations and Improvements Required
A. Alley Paving
a. Developer agrees to ensure the pavement of the alley east of Campanile Avenue
from 7th Street to 6th Street. The alley shall be paved to the exterior lot lines of the lots
adjoining the alley between 7th Street and 6th Street and shall be constructed in accordance
with the current City of Brookings Engineering Standards, on file at the Public Works –
Engineering Division. Construction of storm sewer improvements for the alley shall be the
Agreement No. M25-01
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responsibility of the City to pay, including any design fees associated with the storm sewer
improvements. Design plans, including necessary storm sewer improvements, shall be
submitted to the Public Works – Engineering Division for approval, prior to start of work.
b. The Developer or successor(s) shall maintain alley parking in the same manner
as boulevard parking is maintained as provided in Section B below.
B. Boulevard Parking Improvements and Maintenance
Developer shall install and maintain boulevard parking in the following manner:
a. Design plans shall be submitted to the Public Works – Engineering Division for
approval, prior to start of work.
b. Developer or successor(s) shall maintain all boulevard parking improvements in
perpetuity. Maintenance shall include asphalt surfaces, striping, signage, drainage and snow
removal. (Special note on snow removal: City snow operations will plow snow from the center
line to the outside shoulders, any snow plowed from the drive lanes into the boulevard parking
shall be the responsibility of the Developer and successor(s) to remove). The Developer and
successor(s) shall not cause any snow, from the improved boulevard parking, to enter into any
travel lane. If snow from the improved boulevard parking is moved to the travel lane, the City,
with notice shall plow the snow from the travel lane and invoice the Developer or successor(s)
the cost, at a minimum charge of Two Hundred Fifty Dollars ($250.00) per incident.
c. The responsibilities contained in this Section 1.B, shall be recorded as a
Restrictive Covenant and filed with the office of the Brookings County Register of Deeds.
C. Mid-Block Pedestrian Crossing Installation
Developer shall install a Mid-Block Pedestrian Crossing (Crossing) between 6th and 7th
Street in the crossing in the following manner:
a. The Crossing shall be constructed in accordance with the requirements of
Addendum #1 of the Campanile Ave. St. Improvement plans, dated April 30,
2025.
b. Occupancy of development shall not be granted until such Crossing has been
constructed and accepted by the Public Works – Engineering Division.
Agreement No. M25-01
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D. Compliance with all other Subdivision, Engineering and Community Development
Requirements
Developer will comply with all subdivision ordinance requirements and will construct and
install all improvements required by the Community Development Department in connection
with any variances granted for this development.
E. Sidewalks
a. Developer shall install all pedestrian ramps at street intersections with the curb
and gutter improvements. Ramps shall comply with current ADA standards, including
installation of detectable warning panels.
b. All sidewalks shall be installed by Developer, in accordance with City standards.
Section 2 - Maintenance and Acceptance
A. Maintenance of Gravel Streets/Alleys Under Development
a. For streets/alleys under construction, the Developer will provide maintenance
and snow removal on gravel and first lift asphalt streets/alleys to provide for all-weather
vehicular passage and provide street sweeping on asphalt streets/alleys, as needed. If there is
any damage to manholes, valves, curb and gutter, valley gutters, or other appurtenances,
repairs shall be at the Developer’s expense. Gravel streets/alleys will be allowed through one
winter season only.
B. Final Acceptance of Improvements
a. After the Developer deems that all the street, alley and utility improvements have
been completed and has placed the final lift of asphalt, the Developer will notify the City and
local municipal utilities in writing that the street and utility improvements are completed. The
City Engineer and local municipal utilities will then complete a final inspection of all the public
improvements and inform the Developer of any deficiencies. Any deficiencies shall be
remedied by the Developer at the Developer’s expense. Prior to final acceptance, the
Developer shall furnish a complete set of “As-Built” drawings in AutoCAD format to the Public
Works – Engineering Division. “As-Built” drawings for water main and sanitary sewer will be
the responsibility of BMU to provide. Upon the recommendation of the City Engineer, the City
Agreement No. M25-01
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will then issue a Certificate of Completion noting any deficiencies and setting a date as to
when the warranty period will end.
C. Developer’s Warranty Responsibilities
a. The Developer shall warranty the water, sanitary sewer, storm sewer, and
drainage infrastructure for a period of (3) years from the date of substantial completion or
acceptance by Brookings Municipal Utilities of the aforementioned work. The Developer shall
warranty trench settlement issues for a period of three (3) years from the date as stated in the
Certificate of Completion. The Developer shall warranty pavement, curb and gutter, valley
gutter or any other part of the construction specified in the preliminary plan for a period of one
(1) year from the date as stated in the Certificate of Completion. Prior to the end of each
warranty period, the City Engineer and local municipal utilities will inspect the public
improvements and report the findings to the City. The City shall confirm or reject the
Acceptance Certificate. If confirmed, the Developer’s responsibility for the public
improvements, unless otherwise noted herein, ends and the public improvements become the
responsibility of the City. If any portion is rejected, the Developer will repair or replace the
rejected portion and a one (1) year warranty period will begin on the rejected portion and the
Developer shall again comply with the provisions as stated in this agreement.
Section 3 - Entire Agreement
a. This document shall constitute the entire agreement of the parties. All prior discussions
and negotiations are merged into this Developer’s Agreement.
Section 4 - Successors
a. To the extent any rights or obligations under this Agreement remain in effect, this
Agreement shall be binding upon and enforceable against, and shall inure to the benefit of the
parties hereto and their respective heirs, legal representatives, successors and permitted
assigns.
Section 5 - Independent Contractor
a. In performing under this Agreement, the Developer, including its officers, agents,
employees, and volunteers, is at all times acting and performing as in independent contractor,
Agreement No. M25-01
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in an independent capacity, and not as an officer, agent, servant, employee, joint venturer,
partner, or associate of the City.
Section 6 - Notices
a. All legal notices and demands shall be given in writing and shall be delivered by
certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices
shall be addressed as provided below for the respective party; provided that if any party gives
notice in writing of a change of name or address, notices to such party shall thereafter be given
as required in that notice:
City: City of Brookings Developer: Sixth Street Development, LLC.
520 – 3rd Street P.O. Box 406
Brookings, SD 57006 Brookings, SD 57006
Attn: City Manager Attn: David Jones
The Notice procedures shall not be used for regular communication between the City and
Developer in the development of this project.
Section 7 - Amendments
a. Any amendment to this Agreement shall be effective only when duly executed by
Developer and City.
Section 8 - Severability
a. The provisions of this Agreement are severable, and, if any one or more provisions is
determined to be judicially unenforceable, in whole or in part, the remaining provisions, and
any partially enforceable provision, to the extent enforceable shall nevertheless be binding and
enforceable.
Section 9 - Default; Remedies; Termination
a. Subject to extensions of time by mutual consent in writing, failure or unreasonable
delay by Developer to perform any term or provision of this Agreement will constitute a
default. In the event of default or breach of any terms or conditions of this Agreement, the City
will give Developer not less than thirty (30) days’ notice in writing specifying the nature of the
Agreement No. M25-01
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alleged default and the manner in which said default may be satisfactorily cured. During any
such thirty (30) day period, the Developer will not be considered in default for purposes of
termination of this Agreement or the institution of legal proceedings.
b. After notice and expiration of the thirty (30) day period, if such default has not been
cured or is not being diligently cured in the manner set forth in the notice, the City may, at its
option institute legal or equitable action to cure, correct or remedy any default, including but
not limited to an action for specific performance of the terms of this Agreement.
Section 10 - Litigation
Any dispute arising out of or related to this Agreement shall be litigated in the Third Judicial
Circuit Court for the State of South Dakota, located in Brookings, South Dakota.
Section 11 - Attorney’s Fees
a. In the event that suit is brought for the enforcement of this Agreement or as the result of
any alleged breach thereof, or any other court action occurs arising out of this Agreement, the
prevailing party or parties in such suit shall be entitled to recover their reasonable attorneys’
fees, costs, and expenses from the losing party or parties, and any judgment or decree
rendered in such proceedings shall include an award thereof.
Section 12 - No Third Party Beneficiary Rights
a. This Agreement is entered into for the sole benefit of Grantor and Grantee and no other
parties are intended to be direct or incidental beneficiaries of this Agreement and no third party
shall have any right in, under or to this Agreement.
Section 13 - Assignment of Agreement
a. Neither City nor Developer may assign or transfer their respective rights or obligations
under this Agreement without first obtaining the prior written consent of the other, which
consent may be granted or withheld in the sole and absolute discretion of the applicable party.
Section 14 - Authorized Signature
a. The Developer represents and warrants to the City that: (a) The Developer is duly
authorized and empowered to sign and perform its obligations under this Agreement; and (b)
Agreement No. M25-01
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the individual signing this Agreement on behalf of the Developer is duly authorized to do so
and their signature on this Agreement legally binds the Developer to the terms of this
Agreement.
Section 15 - Counterparts
a.This Agreement may be signed electronically and in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, City and Developer have caused this Agreement to be executed as of
the day and year provided on Page 1 of this Agreement.
SIXTH STREET DEVELOPMENT LLC.
INC.
_________________________________
Its: Agent (Signature)
_________________________________
Its: Agent (Printed Name)
CITY OF BROOKINGS
____________________________
Paul Briseno, City Manager
ATTEST:
____________________________
Bonnie Foster, City Clerk
Agreement No. M25-01
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Exhibit A
Legal Description:
• Lot 1A in Block 4 of Hill Park Addition, an addition to the City of Brookings, Brookings
County, South Dakota
• Lot 13A in Block 2 of Sanderson’s Addition to the City of Brookings, Brookings County,
South Dakota
• S 40’ Lot 4, Lot 5, N 15’ Lot 6, Block 1 of Sanderson’s Addition to the City of Brookings,
Brookings County, South Dakota
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 25-008,Version:1
Introduction and First Reading on Ordinance 25-008, an Ordinance Amending Chapter 94, Article IV,
Division 2, pertaining to Section 94-165 Commercial Corridor Design Review Overlay District. Public
Hearing and Action: May 27, 2025.
Summary and Recommended Action:
Staff is proposing amendments to the City’s zoning ordinances located in Chapter 94, Article IV,
Division 2, pertaining to Section 94-165 related to the regulations for the Commercial Corridor Design
Review Overlay District. The Development Review Team recommends approval. The Planning
Commission voted 6-0 to recommend approval.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
City of Brookings Printed on 5/8/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Mike Struck, Community Development Director
Council Meeting: May 13 / May 27, 2025
Subject: Ordinance 25-008: Amending Chapter 94, Article IV,
Division 2, pertaining to Section 94-165 Commercial Corridor
Design Review Overlay district.
Person(s) Responsible: Mike Struck, Community Development Director
Summary and Recommended Action:
Staff is proposing amendments to the City’s zoning ordinances located in Chapter 94,
Article IV, Division 2, pertaining to Section 94-165 related to the regulations for the
Commercial Corridor Design Review Overlay District. The Development Review Team
recommends approval. The Planning Commission voted 6-0 to recommend approval.
Item Details:
The Overlay District was established in 2021 and has guided City staff, the Planning
Commission, and City Council in their reviews of development located within the
districts along 6th Street, Main Avenue, 20 th Street South and 22nd Avenue. Recently,
there has been a desire to allow for an administrative review if the proposed
development meets all of the requirements in the Overlay District ordinance. Plans
which do not meet all of the requirements of the Overlay District will need to seek
exceptions from the Planning Commission and City Council utilizing the current review
process.
In order to help staff and developers understand whether or not exceptions will be
necessary for a proposed development, staff has also made a number of changes to
the Overlay District ordinance in order to clarify the intent of the ordinance and remove
subjectivity in certain sections of the code. An exemption for developments located
with a Planned Development District (PDD) has been removed and a companion
ordinance amendment to Sec tion 94-163 will be also be presented in order to
understand the development process for PDDs located within the Overlay District.
The name of the Overlay District is also being shortened to the Commercial Corridor
Overlay District.
The City Council held a public hearing on the proposed changes on October 8, 2024.
One of the public comments on the ordinance concerned the applicability of the
ordinance to renovations exceeding 50 percent of the equalized assessed value of the
structure at the time of reconstruction/renovation. The public comment centered around
the issue of an interior renovation cost could exceed the 50 % threshold, thus requiring
exterior improvements that were not planned and could jeopardize the project due to
cost factors. Staff proposes to the leave the language as presented and the applicant
can ask for an exception to the commercial corridor standards as there could be an
opportunity to bring a structure into conformance with the commercial corridor
standards.
The motion to approve the ordinance failed on a 6 -0 vote. The City Council held a
Study Session on February 18, 2025 to discuss overlay districts in more detail and
asked to revisit the Commercial Corridor Overlay proposed changes at a future date.
Legal Consideration:
City Attorney has reviewed the proposed changes and determined the City Council can
start the ordinance amendment process as the changes were previously recommended
for approval by the Planning Commission on September 3, 2024 and no changes have
occurred since the Planning Commission’s recommendation.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
None.
Supporting Documentation:
Ordinance – clean
Ordinance – marked
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Page 1 of 10
ORDINANCE 25-008
AN ORDINANCE AMENDING CHAPTER 94, ARTICLE IV, DIVISION 2 PERTAINING
TO SECTION 94-165 COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY
DISTRICT.
BE IT ORDAINED BY THE GOVERNING BODY of the City of Brookings, South Dakota
that the Zoning Regulations be amended as follows:
I.
Chapter 94 – Zoning
Article IV. – District Regulations
Division 2 – Overlay Districts
Sec. 94-165. Commercial corridor overlay district.
(a) Intent and scope. The following standards are established to improve the
appearance, quality, and function of commercial structures along key corridors of
the community and is intended to enhance the safety of pedestrians, bicyclists, and
motor vehicles traveling these corridors while enhancing the visual interest/appeal.
These standards shall apply to any of the following:
(1) New commercial, industrial, and mixed-use construction;
(2) Renovations exceeding 50 percent of the equalized assessed value of the
structure at the time of reconstruction/renovation; and
(3) Additions or alterations that significantly change the exterior facade and
penetrations of a building.
This does not include nonstructural repairs or ordinary maintenance repairs, such
as internal and exterior painting, decorating, paneling and the replacement of doors
and other nonstructural components. The property owner of an existing structure
that is being remodeled or renovated for use as a commercial structure shall satisf y
the requirements of this ordinance for building design and site plans prior to
obtaining a building permit.
(b) Scope of regulations. The regulations set forth in this ordinance when referred to in
this chapter are the regulations for the commercial corridor overlay district. These
regulations are not intended to interfere with, abrogate or annul any other rules or
regulations of this chapter. Except as provided herein, if the commercial corridor
overlay district imposes a greater restriction than the underlying zoning district
regulations, the commercial corridor overlay district regulations shall control.
(c) Boundaries of districts. The boundaries of the commercial corridor overlay district
shall consist of:
(1) 6th Street and a corridor along 6th Street which is 150 feet north of the north
right-of-way and 150 feet south of the south right-of-way from Western Avenue
to 34th Avenue;
Page 2 of 10
(2) 20th Street South and a corridor along 20th Street South which is 150 feet north
of the north right-of-way and 150 feet south of the south right-of-way, from
Main Avenue to 34th Avenue;
(3) Main Avenue and a corridor 150 feet east of the east right -of-way and west of
the west right-of-way from 6th Street to 32nd Street South excluding the
Brookings Commercial and Sexauer Historic Districts; and
(4) 22nd Avenue and a corridor 150 feet east of the east right-of-way and west of
the west right-of-way from 6th Street to 32nd Street South.
This overlay district is shown upon a map that is made a part of each overlay
district by reference. The map shall have the same force and effect as if it were
fully set forth herein.
When a parcel of land is located within the overlay district and with frontage along
6th Street, 20th Street South, Main Avenue or 22nd Avenue, the standards shall
apply to the buildings adjacent to the street frontage.
(d) Uses permitted. A building or premises may be used for the purposes permitted in
the underlying zoning district provided it is in conformity with the conditions required
in the commercial corridor overlay district.
(e) Accessory uses. Accessory uses and buildings which are permitted as accessory
buildings and uses customarily incidental to any of the permitted uses in the
underlying zoning district are not prohibited by the commercial corridor overlay
district.
(f) Sign regulations. Signs shall be regulated in accordance with Division 5. Signs, and
any regulations imposed by this commercial corridor overlay district.
(g) Parking regulations. All parking, loading and stacking shall be regulated by the
underlying zoning district and in conformance with the provisions of this commercial
corridor overlay district.
(h) Density, area, yard and height regulations. Density, area, yard and height
regulations shall be regulated in conformance with the underlying zoning district
and any regulations imposed by this commercial corridor overlay district.
(i) Landscaping and buffer yards shall conform with the regulations provided in
sections 94-399 and 94-399.1.
(Ord. No. 21-017, § 1, 5-11-2021)
Editor's note(s)—Ord. No. 21-017, § 1, adopted May 11, 2021, repealed the former
section 94-165, and enacted a new section 94-165 as set out herein. The former
section 94-165 pertained to SDSU campus edge neighborhood design review
overlay district and derived from Ord. No. 03-13, § 1, 4-23-2013.
Sec. 94-165.1. Review procedures.
(a) These design standards will be administered as part of the building permit process
and the documents required by these standards must be submitted to the
community development department at or prior to the time an application is made
for a building permit.
(1) The applicant is encouraged to meet with city staff at the concept stage, the
design stage, and the submittal stage.
(2) A pre-application meeting with the community development department is
required prior to submittal of building and development plans for the purpose of
reviewing the requirements of this district.
(3) One complete set of plans as described in the submittal requirements shall be
submitted to the community development department as part of the application.
Electronic copies of plan sheets shall also be submitted. Incomplete
submissions will not be accepted.
(b) Submittal requirements.
(1) All architectural and engineering plan sets typically required for a building
permit application, including: site plan including the size and location of
building, drive-through facilities, parking lots with access points defined,
utilities, connection points, stormwater facilities, signage locations, bicycle
parking areas, pedestrian sidewalks, trash receptacles, outdoor refuse and
recycling receptacles, landscaping, fences, exterior lights, parking lot snow
storage areas, garages and accessory buildings, and any other improvements
the applicant intends to make within the district.
(2) A photometric lighting plan including the locations of exterior light fixtures and
light levels in accordance with section 94-165.5.
(3) Photos of at least four nearby buildings and four street views of nearby block s.
(4) Building elevations, including materials.
(5) A completed design standards checklist.
(6) A landscaping plan.
(7) Nothing in these design standards is intended to prevent the use of materials,
systems, methods, or devices of equivalent or superior quality, strength,
effectiveness, attractiveness, durability, and safety in place of those prescribed
by this district that demonstrate equivalency, where the materials, systems,
method or device are approved for the intended purpose.
(c) Design review process and review timeline. All requests shall be reviewed within
ten business days. The review timelines shall be provided in instructions to
applicants. Developers/applicants are required to attend a review meeting with the
Community Development Director or designee prior to any submission for a
building permit. Applications meeting the standards of the Commercial Corridor
Overlay District shall be approved administratively.
(d) Commercial buildings within Historic Districts or adjacent to any designated historic
building must first receive staff review and recommendation prior to submittal to the
Brookings Historic Preservation Commission for their review and recommendation
to the Planning Commission.
(e) Planning commission review and recommendation. Upon receipt of an application
containing an exception(s) to the Commercial Corridor Overlay standards, the
planning commission shall schedule a hearing for which notice has been published
in the legal newspaper of the city at least ten days prior to the planning commission
meeting. Exception(s) to the standards required by this district may be allowed on a
case-by-case basis, consistent with the overall purpose of this district. All requests
for exceptions to the standards required by this district shall be requested in writing
with the submittals as provided in 94-165.1(b), with requests for exceptions
considered during the review and approval process set forth in this section and 94 -
165.1(f). The planning commission shall forward its recommendation with or without
modification, to the city council.
(f) City council approval. Upon receipt of a recommendation from the planning
commission for an application containing an exception(s) to the Commercial
Corridor Overlay standards, the city council shall schedule a hearing for which
notice has been published in the legal newspaper of the city at least ten days prior
to the city council meeting.
(Ord. No. 21-017, § 1, 5-11-2021)
Editor's note(s)—Ord. No. 21-017, § 1, adopted May 11, 2021, repealed the former
section 94-165.1, and enacted a new section 94-165.1 as set out herein. The
former section 94-165.1 pertained to campus edge neighborhood standards and
derived from Ord. No. 03-13, § 1, 4-23-2013.
Sec. 94-165.2. Parking lot design and parking standards.
(a) Buildings will be placed close to and facing the street for the following reasons:
(1) To enhance customer and tenant use of transit;
(2) To reinforce the building setback pattern;
(3) To minimize the visual impact of parking areas as seen from the street;
(4) To enhance pedestrian access, circulation and safety by reducing curb cuts
and parking lot conflicts;
(5) To minimize the volume and maximize the quality of stormwater runoff;
(6) To provide adequate but not excessive parking for customers and tenants;
(7) To prohibit the use of satellite parking lots (unless it can be demonstrated that
shared parking will be beneficial to multiple property owners and does not
result in a gap effect on a block face);
(8) To prohibit parking in side or front yards;
(9) To provide for adequate snow storage;
(10) To discourage the reliance on single occupant vehicles;
(11) To encourage the use of transit and other alternative means of transportation;
(12) To reduce the reliance on petroleum based paving materials and methods; and
(13) To reduce the "heat island" effect of traditional paved parking lots due to lack
of trees or plants.
(b) No parking stall may be closer to the street than the building setback line or any
portion of the primary building located on the same parcel, whichever is further from
the street, unless the applicant can demonstrate that there are no practical
alternatives related specifically to the site. An exception to this requirement may be
made for corner lots in which parking may be located within the front yard of the
street of the lower street classification according to the Major Street Plan.
(c) The minimum setback for parking stalls and drives is ten feet along a street right-of-
way, and five feet from all property lines with the exception of the alley. Parking for
adjacent properties may be combined into continuous paved lots, and eliminating
the required setback at the shared property line, provided that 100 percent of the
lost green space is replaced elsewhere on the parcel.
(d) Buffers, setbacks, and planting islands are encouraged to be used for stormwater
infiltration.
(e) All approaches, parking, pedestrian and vehicular circulation areas shall be paved
and graded for proper stormwater management. The use of pervious pavement for
stormwater infiltration is encouraged.
(Ord. No. 21-017, § 1, 5-11-2021)
Sec. 94-165.3. Building and mechanical service elements.
(a) Developments will minimize the negative visual impacts of service elements on
adjoining streets, public spaces and adjacent properties; to minimize noise, odor,
and litter; and to provide adequate amenities for building users.
(b) The design and location of the following items shall be indicated on building and/or
site plans, illustrated with specification sheets as appropriate, and submitted with
the design standards checklist:
(1) Utility meters.
(2) Building mechanicals.
(3) Trash and recycling containers.
(4) Bicycle parking.
(5) Outdoor seating areas.
(6) Solar and wind facilities.
(7) Dish antennas.
(8) Transformers.
(9) Back-up generators.
(c) Service areas, utility meters, and building mechanicals shall not be located on the
commercial corridor side of the building, nor on the side wall closer than ten feet to
the commercial corridor side of the building. For corner lots with frontage on two
commercial corridors, service areas, utility meters, and building mechanicals may
be allowed along a commercial corridor with approved screening, design, or other
architectural consideration. The location of emergency back-up generators and
transformers shall be coordinated between the city, the developer and the utility
company. Screening of meters, generators, transformers, and mechanicals is
required when visible from the commercial corridor with an approved screen device
or vegetation. Rooftop mechanical units shall be located and appropriate scree ning
utilized to minimize visual impact on adjacent properties.
(d) Trash and recycling containers, including cans and dumpsters, shall be located in a
rear or side yard only, shall be located no closer than ten feet from the commercial
corridor side of the building, and shall have covers and be screened so as not to be
visible from the street or from neighboring properties. Screening shall be one foot
higher than the container, but no higher than six feet. Roofed enclosures may
exceed the six-foot limit.
(e) If a building owner chooses to provide a trash receptacle and/or a smoking
materials receptacle, it shall be decorative if located at the entrance that faces a
public street. These receptacles shall be screened from street view and/or designed
to fit with the architecture and materials of the building.
(f) Bicycle parking.
(1) Bicycle parking using bike racks specifically designed for bike parking shall be
provided, with a minimum of one space per ten automobile parking spaces or
one space per 20 employees, whichever is greater, and should be located near
building entries, shall not interfere with pedestrian circulation and shall be well-
lighted. Bikes are not permitted to be stored, locked or chained to fences or
any other exterior location other than a bike rack specifically designed for bike
parking.
(2) Bicycle parking (to accommodate four bicycles) shall be at least nine by six
feet or 54 square feet, with increases in dimension at the same ratio to
accommodate greater numbers of bicycle parking spaces.
(3) The base for bike racks should be concrete to ensure their stabilit y, however
the remaining bicycle parking area shall utilize porous paving materials (paving
blocks with decorative gravel or wood mulch, or properly spaced cobbles,
brick, and natural stone with grass planted in between in small clusters) to
reduce stormwater runoff, but shall not result in standing water. If an area for
bike parking is designed using these standards, then up to 100 percent of the
space taken for the bike parking shall count as green space.
(Ord. No. 21-017, § 1, 5-11-2021)
Sec. 94-165.4. Walls and fences.
(a) Developments will provide for the coordination of design and location of walls and
fences to maximize the positive interrelationship of buildings and public streets, and
to avoid the predominance of long, unarticulated walls or fences , and to prevent
pedestrians from walking through plantings. Section 94-398, in addition to the
following standards, shall apply:
(1) The design and materials for walls and fences shall be coordinated with the
design and materials of the principal buildings, and should complement the
design, scale, and color scheme of the principal building. This is not intended
to require identical materials and design.
a. Pressure treated lumber fences shall not be permitted unless stained or
painted.
b. All chain-link fences must be plastic or powder coated and shall only be
permitted in the rear yard.
c. Smooth faced concrete (CMV) blocks or non-architectural poured walls
used to construct a wall shall be covered with brick or some other
decorative block or dimensional material such as a stained block product.
Painted or colored smooth faced concrete bricks or blocks shall not be
considered decorative block.
(2) Walls and fences shall provide variety and articulation at each end and at
intervals not exceeding 25 feet through at least one of the following methods:
a. Changes in plane of not less than one foot;
b. Expression of structure, such as post, column, or pilaster;
c. Variation of material; or
d. Landscaping.
(Ord. No. 21-017, § 1, 5-11-2021)
Sec. 94-165.5. Exterior lighting.
(a) Exterior lighting shall enhance daytime and night time appearances; to establish a
safe environment, and to minimize light pollution, glare and light trespass onto
adjacent properties. The use of solar, LED or low watt comp act florescent lights that
decorate the property and are located and directed where people need to see in the
dark are encouraged.
(b) All exterior lights shall be designed for commercial use. A lighting plan showing
lighting levels on-site and at the property line must be submitted with the design
standards checklist for each exterior light to be used.
(c) Pedestrian lighting shall clearly indicate the path of travel, shall minimize dark spots
along that path, and shall utilize coordinated light fixtures.
(d) The maximum height of wall mounted parking lot light fixtures shall be 16 feet
above the ground. Pole-mounted fixtures are acceptable, but not required. The
maximum height of pole-mounted fixtures is 30 feet from the ground to the top of
the fixture. Fixtures shall be of full-cut-off (FCO) design to minimize glare and
spillover.
(e) Ornamental lighting to light the building facade is permitted, provided that the light
source is not visible from the property line and is designed to minimize glare and
spillover.
(f) No overhead light source (i.e., the lamp or reflector) shall be visible from the
property line. Shields may be employed, if necessary, to satisfy this requirement.
(g) Each exterior entry to structures on the property shall have an exterior light.
(h) For properties adjacent to residential uses, motion sensor flood or spot lights shall
have shrouds, be limited to two bulbs pointed at least 30 degrees downward and
not directly into windows or doors of neighboring building, and t he light sources
shall not be visible from the street.
(Ord. No. 21-017, § 1, 5-11-2021)
Sec. 94-165.6. Patios, porches, decks, and rooftop gardens/decks.
(a) For commercial developments that include a residential component, the intent of
this section is to increase resident safety, comfort and privacy by providing
individual outdoor spaces for each unit.
(b) Every residential unit is encouraged to have its own patio or balcony and shall be
incorporated into the architectural facade of the building and may encroach into the
building setback area defined in section 94-165.7(e), but not more than 25 percent.
Commercial structures are also permitted to have exterior balconies. No patio or
balcony shall extend over a public right-of-way.
(c) For commercial developments, ground level patios or decks for customer seating
are permitted in the setback areas and should include screening for noise.
(Ord. No. 21-017, § 1, 5-11-2021)
Sec. 94-165.7. Building design; form, scale and context.
(a) Building design (forms, scale and context) will result in high quality, orderly, and
consistent street spaces, compatible relationships to adjoining sites, and an urban
character; to create buildings that provide human scale, interest, and are
architecturally cohesive, yet varied, in their overall form, scale and context; and to
protect the architectural character and cohesiveness of surrounding buildings.
(b) Buildings shall be designed to provide human scale, interest, and variety. A
combination of the following techniques will be used to meet this objective:
(1) Variation in the building form, such as recessed or projecting bays, shifts in
massing, or distinct roof shapes;
(2) Emphasis of building entries through projecting or recessed forms, detail, color,
or materials;
(3) Variation of material, material modules, expressed joints and details, surface
relief, color, and texture to break up large building forms and wall surfaces.
Such detailing could include sills, headers, belt courses, reveals, pilasters,
window bays, and similar features.
(c) For all nonmanufacturing and retail buildings, where the allowable building is more
than 50 percent wider than adjacent buildings, one of the following techniques shall
be employed to minimize the apparent width of the primary facade:
(1) Articulate the facade with projections or bays.
(2) Use architectural elements such as columns, canopies, glass, changes in
materials, and covered entries to interrupt the facade.
(d) The first floor facade shall include windows to provide visual interest and visual
connection to the street. For facades facing an arterial or collector street, the total
area of windows and doors, including trim, shall not be less than 20 percent of the
total area of the facade, excluding gables.
(e) Buildings shall be built to the front yard setback line. One story buildings, and the
first story of multi-story buildings, provided upper floors are recessed, may project
ten feet into the front yard setback when adjacent to an arterial or collector street.
No parking is permitted in the front yard setback area. Exception:
(1) Corner lots may have parking in the secondary front yard of the lower cl assified
street, provided a 10-foot landscape area is provided along the right-of-way.
(Ord. No. 21-017, § 1, 5-11-2021)
Sec. 94-165.8. Roofs and roof lines.
(a) The intent of this section is to provide visual interest and architectural character.
(b) Any roof style such as hip, gambrel, mansard, colonial, flat or another roof style is
permitted so long as the roof pitch is appropriate to the architectural style of the
building and the roof element contains additional architectural elements such as
dormers, long overhangs, windows or other features.
(c) Flat roofs are permitted, and must incorporate a parapet wall on all sides, unless
the rear side of the building is sloped for drainage. The parapet should include
architectural details appropriate to the building design that creates a positive visual
termination for the building (a "top").
(d) A minimum of 50 percent of a building's linear roof drip edge should fall to ground
surfaces that do not contain an impervious surface. If gutters or stormwater drain
towards neighboring properties, then water shall be directed to rain garden(s), bio -
swales, or other best management practices to minimize drainage onto neighboring
properties.
(Ord. No. 21-017, § 1, 5-11-2021)
Sec. 94-165.9. Exterior materials.
(a) Developments will maintain architectural character and use attractive, high quality
materials with low life-cycle costs.
(b) The use of identical materials on all sides of the building is encouraged; however,
higher-quality materials on street-facing facades and complementary materials on
other facades are acceptable.
(c) Use of decorative accessories and trim should conform to architectural design of
the structure.
(d) Vinyl, plywood, chipboard, T1-11, asphalt siding, non-architectural metal siding and
smooth-faced concrete block are prohibited as exterior finish materials. Treated
wood shall be painted or stained.
(e) Natural wood shall be painted or stained, unless it is cedar, redwood or some other
naturally weather resistant species and is intended to be exposed.
(Ord. No. 21-017, § 1, 5-11-2021)
Sec. 94-165.10. Garages and accessory buildings.
(a) The visual impact of garages and accessory buildings facing the street, will be
improved by preventing storage doors and overhead doors principally used for
loading from facing the street, and to maximize pedestrian safety.
(b) Street-facing overhead doors on garages are not permitted on lots served by an
alley. Corner lots shall have overhead doors facing the street of the lowest
classification according to the major street plan.
(c) The cumulative length of all garage doors facing the commercial corridor shall not
exceed 25 percent of the total length of the street-facing elevation, unless
architecturally justified.
(d) All accessory buildings shall be architecturally compatible and be constructed of the
same materials as the primary building.
(Ord. No. 21-017, § 1, 5-11-2021)
Secs. 94-166—94-200. Reserved.
II.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: May 13, 2025
SECOND READING: May 27, 2025
PUBLISHED: May 30, 2025
CITY OF BROOKINGS, SD
_______________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_______________________________
Bonnie Foster, City Clerk
Created: 2022-02-16 15:44:08 [EST]
(Supp. No. 13)
Page 1 of 9
Sec. 94-165. Commercial corridor design review overlay district.
(a) Intent and scope. The following standards are established to improve the appearance, quality, and function
of commercial structures along key corridors of the community and is intended to enhance the safety of
pedestrians, bicyclists, and motor vehicles traveling these corridors while enhancing the visual
interest/appeal. These standards shall apply to any of the following:
(1) nNew commercial, industrial, and mixed-use construction, ;
(2) Rrenovations exceeding 50 percent of the equalized assessed value of the structure at the time of
reconstruction/renovation;, and
(3) aAdditions or alterations that significantly change the exterior facade and penetrations of a building.
This does not include nonstructural repairs or ordinary maintenance repairs, such as internal and exterior
painting, decorating, paneling and the replacement of doors and other nonstructural components. The
property owner of an existing structure that is being remodeled or renovated for use as a commercial
structure shall satisfy the requirements of this ordinance and obtain planning commission approval for
building design and site plans as a condition ofprior to obtaining any rezoning or a building permit. These
regulations shall not apply to structures that have been approved by the city council as a part of a
developer's agreement or planned development district rezoning so long as the developer's agreement or
rezoning was completed prior to issuance of a building permit. These regulations shall not apply to building
renovations using the secretary of interior standards for historic buildings.
(b) Scope of regulations. The regulations set forth in this ordinance when referred to in this chapter are the
regulations for the commercial corridor design review overlay district. These regulations are not intended to
interfere with, abrogate or annul any other rules or regulations of this chapter. Except as provided herein, if
the commercial corridor design review overlay district imposes a greater restriction than the underlying
zoning district regulations, the commercial corridor design review overlay district regulations shall control.
(c) Boundaries of districts. The boundaries of the commercial corridor design review overlay district shall consist
of:
(1) 6th Street and a corridor along 6th Street which is 150 feet north of the north right-of-way and 150 feet
south of the south right-of-way from Western Avenue to 34th Avenue;
(2) 20th Street South and a corridor along 20th Street South which is 150 feet north of the north right-of-
way and 150 feet south of the south right-of-way, from Main Avenue to 34th Avenue;
(3) Main Avenue and a corridor 150 feet east of the east right-of-way and west of the west right-of-way
from the Railroad tracks6th Street to 32nd Street South with the exception ofexcluding the Brookings
Commercial and Sexauer Historic Districts; and
(4) 22nd Avenue and a corridor 150 feet east of the east right-of-way and west of the west right-of-way
from 6th Street to 32nd Street South.
This design review overlay district is shown upon a map that is made a part of each overlay district by
reference. The map shall have the same force and effect as if it were fully set forth herein.
When a parcel of land is located within the overlay district and with frontage along 6th Street, 20th Street
South, Main Avenue or 22nd Avenue, the standards shall apply to the buildings adjacent to the street frontage.
(d) Uses permitted. A building or premises may be used for the purposes permitted in the underlying zoning
district provided it is in conformity with the conditions required in the commercial corridor design review
overlay district.
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(e) Accessory uses. Accessory uses and buildings which are permitted as accessory buildings and uses
customarily incidental to any of the permitted uses in the underlying zoning district are not prohibited by the
commercial corridor design review overlay district.
(f) Sign regulations. Signs shall be regulated in accordance with Division 5. Signs, and any regulations imposed
by this commercial corridor design review overlay district.
(g) Parking regulations. All parking, loading and stacking shall be regulated by the underlying zoning district and
in conformance with the provisions of this commercial corridor design review overlay district.
(h) Density, area, yard and height regulations. Density, area, yard and height regulations shall be regulated in
conformance with the underlying zoning district and any regulations imposed by this commercial corridor
design review overlay district.
(i) Landscaping and buffer yards shall conform with the regulations provided in sections 94-399 and 94-399.1.
( Ord. No. 21-017 , § 1, 5-11-2021)
Editor's note(s)—Ord. No. 21-017 , § 1, adopted May 11, 2021, repealed the former section 94-165, and enacted a
new section 94-165 as set out herein. The former section 94-165 pertained to SDSU campus edge
neighborhood design review overlay district and derived from Ord. No. 03-13, § 1, 4-23-2013 .
Sec. 94-165.1. Review procedures.
(a) These design standards will be administered as part of the building permit process and the documents
required by these standards must be submitted to the community development department at or prior to
the time an application is made for a building permit.
(1) The applicant is encouraged to meet with city staff at the concept stage, the design stage, and at the
submittal stage.
(2) A pre-application meeting with the community development department is required prior to submittal
of building and development plans for the purpose of reviewing the requirements of this district.
(3) One complete set of plans as described in the submittal requirements shall be submitted to the
community development department as part of the application. Electronic copies of plan sheets shall
also be submitted. Incomplete submissions will not be accepted.
(b) Submittal requirements.
(1) All architectural and engineering plan sets typically required for a building permit application,
including: site plan including the size and location of building, drive-through facilities, parking lots with
access points defined, utilities, connection points, stormwater facilities, signage locations, bicycle
parking areas, pedestrian sidewalks, trash receptacles, outdoor refuse and recycling receptacles,
landscaping, fences, exterior lights, parking lot snow storage areas, garages and accessory buildings,
and any other improvements the applicant intends to make within the district.
(2) A photometric lighting plan including the locations of eExterior light fixturesfixture locations and
specification sheetslight levels in accordance with section 94-165.5.
(3) Photos of at least four nearby buildings and four street views of nearby blocks.
(4) Building elevations, including materials.
(5) A completed design standards checklist.
(6) A landscaping plan.
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(7) Nothing in these design standards is intended to prevent the use of materials, systems, methods, or
devices of equivalent or superior quality, strength, effectiveness, attractiveness, durability, and safety
in place of those prescribed by this district that demonstrate equivalency, where the materials,
systems, method or device are approved for the intended purpose.
(c) Design review process and review timeline. All requests shall be reviewed within ten business days. The
review timelines shall be provided in instructions to applicants. Developers/applicants are required to attend
a review meeting with the Community Development Director or designee prior to any submission for a
building permit. to the Planning Commission. Applications meeting the standards of the Commercial
Corridor Design Review Overlay District shall be approved administratively. Exceptions to the standards
required by this district may be allowed on a case-by-case basis, consistent with the overall purpose of this
district. All requests for exceptions to the standards required by this district shall be requested in writing
with the submittals as provided in 94-165.1(b), with requests for exceptions considered during the review
and approval process set forth in 94-165.1(d) and (e).
(fd) Commercial buildings within Historic Districts or adjacent to any designated historic building must first
receive staff review and recommendation prior to submittal to the Brookings Historic Preservation
Commission for their review and recommendation to the Planning Commission.
(de) Planning commission review and recommendation. Upon receipt of an application containing an exception(s)
to the Commercial Corridor Overlay standards, the planning commission shall schedule a hearing for which
notice has been published in the legal newspaper of the city at least ten days prior to the planning
commission meeting. Exception(s) to the standards required by this district may be allowed on a case-by-
case basis, consistent with the overall purpose of this district. All requests for exceptions to the standards
required by this district shall be requested in writing with the submittals as provided in 94-165.1(b), with
requests for exceptions considered during the review and approval process set forth in this section and 94-
165.1(df) and (e). The planning commission shall forward its recommendation with or without modification,
to the city council.
(ef) City council approval. Upon receipt of a recommendation from the planning commission for an application
containing an exception(s) to the Commercial Corridor Overlay standards, the city council shall schedule a
hearing for which notice has been published in the legal newspaper of the city at least ten days prior to the
city council meeting.
( Ord. No. 21-017 , § 1, 5-11-2021)
Editor's note(s)—Ord. No. 21-017 , § 1, adopted May 11, 2021, repealed the former section 94-165.1, and enacted
a new section 94-165.1 as set out herein. The former section 94-165.1 pertained to campus edge
neighborhood standards and derived from Ord. No. 03-13, § 1, 4-23-2013 .
Sec. 94-165.2. Parking lot design and parking standards.
(a) The intent of this section is to encourage buildings Buildings to will be placed close to and facing the street
for the following reasons:
(1) To enhance customer and tenant use of transit;
(2) To reinforce the building setback pattern;
(3) To minimize the visual impact of parking areas as seen from the street;
(4) To enhance pedestrian access, circulation and safety by reducing curb cuts and parking lot conflicts;
(5) To minimize the volume and maximize the quality of stormwater runoff;
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(6) To provide adequate but not excessive parking for customers and tenants;
(7) To prohibit the use of satellite parking lots (unless it can be demonstrated that shared parking will be
beneficial to multiple property owners and does not result in a gap effect on a block face);
(8) To prohibit parking in side or front yards;
(9) To provide for adequate snow storage;
(10) To discourage the reliance on single occupant vehicles;
(11) To encourage the use of transit and other alternative means of transportation;
(12) To reduce the reliance on petroleum based paving materials and methods; and
(13) To reduce the "heat island" effect of traditional paved parking lots due to lack of trees or plants.
(b) No parking stall may be closer to the street than the building setback line or the any portion of the primary
building located on the same parcel, whichever is further from the street, unless the applicant can
demonstrate that there are no practical alternatives related specifically to the site. An exception to this
requirement may be made for corner lots in which parking may be located within the front yard of the street
of the lower street classification according to the Major Street Plan.
(c) The minimum setback for parking stalls and drives is ten feet along a street right-of-way, and five feet from
all property lines with the exception of the alley. Parking for adjacent properties may be combined into
continuous paved lots, and eliminating the required setback at the shared property line, provided that 100
percent of the lost green space is replaced elsewhere on the parcel.
(d) Buffers, setbacks, and planting islands are encouraged to be used for stormwater infiltration.
(e) All approaches, parking, pedestrian and vehicular circulation areas shall be paved and graded for proper
stormwater management. The use of pervious pavement for stormwater infiltration is encouraged.
( Ord. No. 21-017 , § 1, 5-11-2021)
Sec. 94-165.3. Building and mechanical service elements.
(a) The intent of this section is to Developments will minimize the negative visual impacts of service elements on
adjoining streets, public spaces and adjacent properties; to minimize noise, odor, and litter; and to provide
adequate amenities for building users.
(b) The design and location of the following items shall be indicated on building and/or site plans, illustrated
with specification sheets as appropriate, and submitted with the design standards checklist:
(1) Utility meters.
(2) Building mechanicals.
(3) Trash and recycling containers.
(4) Bicycle parking.
(5) Outdoor seating areas.
(6) Solar and wind facilities.
(7) Dish antennas.
(8) Transformers.
(9) Back-up generators.
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(c) Service areas, utility meters, and building mechanicals shall not be located on the primary commercial
corridorstreet side of the building, nor on the side wall closer than ten feet to the primary streetcommercial
corridor side of the building. For corner lots with frontage on two commercial corridors, service areas, utility
meters, and building mechanicals may be allowed along a commercial corridor with approved screening,
design, or other architectural consideration. The location of emergency back-up generators and
transformers shall be coordinated between the city, the developer and the utility company. Screening of
meters, generators, transformers, and mechanicals is required when visible from the primary
streetcommercial corridor with an approved screen device or vegetation. Rooftop mechanical units shall be
located and appropriate screening utilized to minimize visual impact on adjacent properties.
(d) Trash and recycling containers, including cans and dumpsters, shall be located in a rear or side yard only,
shall be located no closer than ten feet from the primary streetcommercial corridor side of the building, and
shall have covers and be screened so as not to be visible from the street or from neighboring properties.
Screening shall be one foot higher than the container, but no higher than six feet. Roofed enclosures may
exceed the six-foot limit.
(e) If a building owner chooses to provide a trash receptacle and/or a smoking materials receptacle, it shall be
decorative if located at the entrance that faces a public street. These receptacles shall be screened from
street view and/or designed to fit with the architecture and materials of the building.
(f) Bicycle parking.
(1) Bicycle parking using bike racks specifically designed for bike parking shall be provided, with a
minimum of one space per ten automobile parking spaces or one space per 20 employees, whichever is
greater, and should be located near building entries, shall not interfere with pedestrian circulation and
shall be well-lighted. Bikes are not permitted to be stored, locked or chained to fences or any other
exterior location other than a bike rack specifically designed for bike parking.
(2) Bicycle parking (to accommodate four bicycles) shall be at least nine by six feet or 54 square feet, with
increases in dimension at the same ratio to accommodate greater numbers of bicycle parking spaces.
(3) The base for bike racks should be concrete to ensure their stability, however the remaining bicycle
parking area shall utilize porous paving materials (paving blocks with decorative gravel or wood mulch,
or properly spaced cobbles, brick, and natural stone with grass planted in between in small clusters) to
reduce stormwater runoff, but shall not result in standing water. If an area for bike parking is designed
using these standards, then up to 100 percent of the space taken for the bike parking shall count as
green space.
( Ord. No. 21-017 , § 1, 5-11-2021)
Sec. 94-165.4. Walls and fences.
(a) The intent of this section is toDevelopments will provide for the coordination of design and location of walls
and fences to maximize the positive interrelationship of buildings and public streets, and to avoid the
predominance of long, unarticulated walls or fences, and to prevent pedestrians from walking through
plantings. Ordinance Section 94-398, in addition to the following standards, shall apply:
(1) The design and materials for walls and fences shall be coordinated with the design and materials of the
principal buildings, and should complement the design, scale, and color scheme of the principal
building. have substantially the same detail. This is not intended to require identical materials and
design.
a. Pressure treated lumber fences shall not be permitted unless stained or painted.
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b. All chain-link fences must be plastic or powder coated and shall only be permitted in side yards
and the backyardrear yard, . and shall not extend nearer to the street than the front of the
building, nor used in the secondary front yard on a corner lot.
c. Smooth faced concrete (CMV) blocks or non-architectural poured walls used to construct a wall
shall be covered with brick or some other decorative block or dimensional material such as a
stained block product. Painted or colored smooth faced concrete bricks or blocks shall not be
considered decorative block.
(2) Walls and fences shall provide variety and articulation at each end and at intervals not exceeding 25
feet through at least one of the following methods:
a. Changes in plane of not less than one foot;
b. Expression of structure, such as post, column, or pilaster;
c. Variation of material; or
d. Landscaping.
( Ord. No. 21-017 , § 1, 5-11-2021)
Sec. 94-165.5. Exterior lighting.
(a) The intent of this section is toExterior lighting shall enhance daytime and night time appearances; to
establish a safe environment, and to minimize light pollution, glare and light trespass onto adjacent
properties. The use of solar, LED or low watt compact florescent lights that decorate the property and are
located and directed where people need to see in the dark are encouraged.
(b) All exterior lights shall be designed for commercial use. A lighting plan showing lighting levels on-site and at
the property line as well as specification sheets with pictures must be submitted with the design standards
checklist for each exterior light to be used.
(c) Pedestrian lighting shall clearly indicate the path of travel, shall minimize dark spots along that path, and
shall utilize coordinated light fixtures.
(d) The maximum height of wall mounted parking lot light fixtures shall be 16 feet above the ground. Pole-
mounted fixtures are acceptable, but not required. The maximum height of pole-mounted fixtures is 30 feet
from the ground to the top of the fixture. Fixtures shall be of full-cut-off (FCO) design to minimize glare and
spillover.
(e) Ornamental lighting to light the building facade is permitted, provided that the light source is not visible from
the property line and is designed to minimize glare and spillover.
(f) No overhead light source (i.e., the lamp or reflector) shall be visible from the property line. Shields may be
employed, if necessary, to satisfy this requirement.
(g) Each exterior entry to structures on the property shall have an exterior light.
(h) For properties adjacent to residential uses, motion sensor flood or spot lights shall have shrouds, be limited
to two bulbs pointed at least 30 degrees downward and not directly into windows or doors of neighboring
building, and the light sources shall not be visible from the street.
( Ord. No. 21-017 , § 1, 5-11-2021)
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Page 7 of 9
Sec. 94-165.6. Patios, porches, decks, and rooftop gardens/decks.
(a) For commercial developments that include a residential component, the intent of this section is to increase
resident safety, comfort and privacy by providing individual outdoor spaces for each unit.
(b) Every residential unit is encouraged to will have its own patio or balcony and shall be incorporated into the
architectural facade of the building and may encroach into the building setback area defined in Ordinance
[subsection] 94-166165.7(e), but not more than 25 percent. Commercial structures are also permitted to
have exterior balconies. No patio or balcony shall extend over a public sidewalkright-of-way.
(c) For commercial developments, ground level patios or decks for customer seating are permitted in the
setback areas and should include screening for noise.
( Ord. No. 21-017 , § 1, 5-11-2021)
Sec. 94-165.7. Building design; form, scale and context.
(a) The intent of this section is to encourage building Building design (forms, scale and context) that will result in
high quality, orderly, and consistent street spaces, compatible relationships to adjoining sites, and an urban
character; to create buildings that provide human scale, interest, and are architecturally cohesive, yet varied,
in their overall form, scale and context; and to protect the architectural character and cohesiveness of
surrounding buildings.
(b) Buildings shall be designed to provide human scale, interest, and variety. A combination of Tthe following
techniques may will be used to meet this objective:
(1) Variation in the building form, such as recessed or projecting bays, shifts in massing, or distinct roof
shapes. ;
(2) Emphasis of building entries through projecting or recessed forms, detail, color, or materials. ;
(3) Variation of material, material modules, expressed joints and details, surface relief, color, and texture
to break up large building forms and wall surfaces. Such detailing could include sills, headers, belt
courses, reveals, pilasters, window bays, and similar features..
(4) Building height shall be limited to four stories when located along an arterial or collector street.
(c) For all nonmanufacturing and retail buildings, where the allowable building is more than 50 percent wider
than adjacent buildings, one of the following techniques shall be employed to minimize the apparent width
of the primary facade:
(1) Articulate the facade with projections or bays.
(2) Use architectural elements such as columns, canopies, glass, changes in materials, and covered entries
to interrupt the facade.
(d) The first floor facade shall include windows to provide visual interest and visual connection to the street. For
facades facing an arterial or collector street, TtheThe total area of windows and doors on the street-facing
facade, including trim, shall not be less than 20 percent of the total area of the facade, excluding gables.
(e) Buildings shall be built to the front yard setback line. One story buildings, and the first story of multi-story
buildings, provided upper floors are recessed, may project ten feet into the front yard setback when adjacent
to an arterial or collector street. No parking is permitted in the front yard setback area. Exception:
(1) Corner lots may have parking in the secondary front yard of the lower classified street, provided a
1510-foot landscape area is provided along the right-of-way.
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(Supp. No. 13)
Page 8 of 9
(f) Commercial buildings within Historic Districts or adjacent to any designated historic building must first
receive staff review and recommendation prior to submittal to the Brookings Historic Preservation
Commission for their review and recommendation to the Planning Commission.
( Ord. No. 21-017 , § 1, 5-11-2021)
Sec. 94-165.8. Roofs and roof lines.
(a) The intent of this section is to provide visual interest and architectural character.
(b) Any roof style such as hip, gambrel, mansard, colonial, flat or another roof style is permitted so long as the
roof pitch is appropriate to the architectural style of the building and the roof element contains additional
architectural elements such as dormers, long overhangs, windows or other features.
(c) Flat roofs are permitted, and must incorporate a parapet wall on all sides, unless the rear side of the building
is sloped for drainage. The parapet should include architectural details appropriate to the building design
that creates a positive visual termination for the building (a "top").
(d) A minimum of 50 percent of a building's linear roof drip edge should fall to ground surfaces that do not
contain an impervious surface. If gutters or stormwater drain towards neighboring properties, then water
shall be directed to rain garden(s), bio-swales, or other best management practices to minimize drainage
onto neighboring properties.
( Ord. No. 21-017 , § 1, 5-11-2021)
Sec. 94-165.9. Exterior materials.
(a) The intent of this section is to Developments will maintain architectural character and to encourage the use
of attractive, and high quality materials with low life-cycle costs.
(b) The use of identical materials on all sides of the building is encouraged; however, higher-quality materials on
street-facing facades and complementary materials on other facades are acceptable.
(c) Use of decorative accessories and trim is should conform to architectural design of the structure. highly
encouraged.
(d) Vinyl, plywood, chipboard, T1-11, asphalt siding, non-architectural metal siding and smooth-faced concrete
block are prohibited as exterior finish materials unless the applicant's architect can demonstrate that the
materials are appropriate to the design of the building. Treated wood shall be painted or stained.
(e) Natural wood shall be painted or stained, unless it is cedar, redwood or some other naturally weather
resistant species and is intended to be exposed.
( Ord. No. 21-017 , § 1, 5-11-2021)
Sec. 94-165.10. Garages and accessory buildings.
(a) The intent of this section is to improve the The visual impact of garages and accessory buildings facing the
street, to will be improved by preventing storage doors and overhead doors principally used for loading from
facing the street, and to maximize pedestrian safety.
(b) Street-facing overhead doors on garages are not permitted on lots served by an alley. Corner lots shall have
overhead doors facing the street of the lowest classification according to the major street plan.
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Page 9 of 9
(c) The cumulative length of all garage doors facing the commercial corridor street shall not exceed 50 25
percent of the total length of the street-facing elevation, unless architecturally justified.
(d) All accessory buildings shall be architecturally compatible and be constructed of the same materials as the
primary building.
( Ord. No. 21-017 , § 1, 5-11-2021)
Secs. 94-166—94-200. Reserved.
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to
Chapter 94, Article IV, Division 2, pertaining to Sec. 94-165 related to the regulations for the
commercial corridor design review overlay district.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at
6:00 PM on Tuesday, May 27, 2025, in the Chambers Room on the third floor of the
Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota.
Any person interested may appear and be heard on this matter.
Dated this 14th day of May, 2025.
Bonnie Foster
City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to
Chapter 94, Article IV, Division 2, pertaining to Sec. 94-165 related to the regulations for the
commercial corridor design review overlay district.
NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, September 3, 2024, in the Chambers Room on the third
floor of the Brookings City and County Government Center at 520 Third Street, Brookings,
South Dakota. Any action taken by the Planning Commission is a recommendation made to
the City Council.
Any person interested may appear and be heard in this matter.
Dated this 22nd day of August, 2024.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
September 3, 2024
OFFICIAL MINUTES
Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday,
September 3, 2024, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Tanner Aiken, Kyle Jamison, Scot Leddy, Jacob
Limmer, Roger Solum, and Debra Spear. Nick Schmeichel was absent. Also present were Community
Development Director Michael Struck and City Planner Ryan Miller. Also present were Todd Fergen,
George Houtman, Scott Thompson, Daniel Rhody, Lyle Pudwill, Lynda Pierce and Kellan Bludorn.
Item #6c – The City of Brookings proposed amendments to the City’s zoning ordinances located in
Chapter 94, Article IV, Division 2, pertaining to Sec. 94-165 related to the regulations for the
Commercial corridor design review overlay district (“CCOD”).
(Limmer/Jamison) Motion to approve the amendments to CCOD. All present voted aye. MOTION
CARRIED.
OFFICIAL SUMMARY
Item #6c – The overlay district was established in 2021 and has guided City staff, the Planning
Commission and City Council in their reviews of development located within the districts along 6th
Street, Main Avenue, 20th Street South and 22nd Avenue. Recently, there has been a desire to allow
for an administrative review if the proposed development meets all of the requirements in the overlay
district ordinance. Plans that do not meet all of the requirements of the overlay district will need to
seek exceptions from the Planning Commission and City Council utilizing the current review process.
In order to help staff and developers understand whether or not exceptions will be necessary for a
proposed development, staff has also made a number of changes to the overlay district ordinance in
order to clarify the intent of the ordinance and remove subjectivity in certain sections of the code. An
exemption for developments located with a Planned Development District has been removed and a
companion ordinance amendment to Sec. 94-163 will be also be presented in order to understand the
development process for PDDs located within the overlay district. The name of the overlay district is
also being shortened to the Commercial corridor overlay district.
Struck noted that the motivation of the changes would incentivize builders to build to standards to save
2 months. Spear 94.165.d would only include commercial buildings within historic. Miller standard
residential buildings are exempt from CCOD and mixed-use buildings would be required to go through
the CCOD. Spear asked if a resident would be notified of a neighboring project coming in. Struck
stated that there was still the 11.1 process but no notification would be sent. Struck stated that the city
could implement their own process but it was not required by the state. Certain types of rezones would
require comment from state historic preservation commission. Ability to impact historic district would
trigger this process too and is vague and. Miller noted that there was a 10-day legal notice in the paper
but not a mailing. Aiken asked if there was a notice triggered regardless of historic status in CCOD.
Miller stated that the notices only go out if there was a rezone but not if the project was compliant with
existing zoning. Leddy noted that the “buildings will be placed close to the facing street” under 94-
165.2 a could potentially cause issue. Spear asked if there was an allowance for corner lots to dictate
that the access be on the non-commercial corridor street. Miller said that it would allow for front
parking on the secondary frontage. If on 2 commercial corridors it would not allow front parking.
Aiken discussed pedestrian scale by pushing the buildings closer to the street you encourage less
speeding and more pedestrian traffic. On South roads it can increase snow melt issues so there are
other factors. Leddy commented that he liked the look of the buildings closer to the street on main, etc
but with 6th st being a state hwy it pushes the pedestrians towards the traffic.
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 24-035,Version:3
REMOVE FROM THE TABLE: Public Hearing and Action on Ordinance 24-035, an Ordinance
Amending Chapter 94, Article IV, Division 2, pertaining to Section 94-163 Planned Development
District (“PDD”).
Summary and Recommendation:
Staff is proposing amendments to the City’s zoning ordinances located in Chapter 94, Article IV,
Division 2, pertaining to Section 94-163 related to the regulations for the Planned Development
District (“PDD”). The Development Review Team recommends approval. The Planning Commission
voted 6-0 to recommend approval. Staff requests removal from the table and then to table the item
to May 27, 2025 to coincide with potential action on Ordinance 25-008.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
City of Brookings Printed on 5/13/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Mike Struck, Community Development Director
Council Meeting: September 24, 2024 / October 8, 2024 (tabled)
May 13, 2025 (Remove from the Table)
Subject: Ordinance 24-035: Amendments to Chapter 94, Article IV,
Division 2, pertaining to Section 94-163 Planned
Development District (“PDD”)
Presenter: Mike Struck, Community Development Director
Summary:
Staff is proposing amendments to the City’s zoning ordinances located in Chapter 94,
Article IV, Division 2, pertaining to Section 94-163 related to the regulations for the
Planned Development District (“PDD”). The Development Review Team recommends
approval. The Planning Commission voted 6-0 to recommend approval. Staff requests
removal from the table and then to table the item to May 27, 2025 to coincide with
potential action on Ordinance 25-013.
Item Details:
Proposed amendments to the Commercial Corridor Design Review Overlay District
include the removal of an exemption for development within a Planned Development
District. The intent is to place an emphasis on the site design requirements of the
Commercial Corridor Overlay District while also incentivizing development that meets
those requirements by exempting the final development plan so long as the initial
development plan is consistent with requirements of the Commercial Corridor Overlay
District.
The item was tabled at the October 8, 2024 meeting due to a corresponding ordinance
amending the Commercial Corridor Overlay District was defeated. The change to the
Planned Development District regulations directly relates to the proposed changes in
the Commercial Corridor Overlay District and request action on the Commercial
Corridor amendments prior to action on this proposed change.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
None.
Supporting Documentation:
Ordinance – clean
Ordinance – marked
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
ORDINANCE 24-035
AN ORDINANCE AMENDING CHAPTER 94, ARTICLE IV, DIVISION 2 PERTAINING
TO SECTION 94-163 PLANNED DEVELOPMENT DISTRICT.
BE IT ORDAINED BY THE GOVERNING BODY of the City of Brookings, South Dakota
that the Zoning Regulations be amended as follows:
I.
Chapter 94 – Zoning
Article IV. – District Regulations
Division 2 – Overlay Districts
Sec. 94-163. Planned development district ("PDD").
(f) Final development plan. Prior to obtaining building permits for construction on any
lots in the PDD, a final development plan shall be submitted to the planning
commission, which shall have sole authority to approve, amend, or deny said plan.
Properties located within a Commercial Corridor Overlay District are exempt from
the Final Development Plan, however, are required to follow the Commercial
Corridor Overlay District requirements consistent with an approved Initial
Development Plan. The final development plan may be submitted in conjunction
with the initial development plan for concurrent approval on any subareas the
developer is ready to commit to a final plan. All the information required for both an
initial and final development plan shall be shown for the areas submitted for
concurrent approval. The final development plan shall be a scaled, reproducible
drawing showing the following information:
(1) The subdivision name, the legal description, and individual project name
(if any).
(2) Boundaries of any sub-area or sub-areas submitted for approval
superimposed on the map of the initial development plan.
(3) A subdivision plan of the sub-area or sub-areas submitted for approval in
compliance with all applicable subdivision regulations.
(4) The development standards for the sub-area or sub-areas based on the
requirements in one or more of the traditional zoning districts.
(5) The size, location and elevation of all proposed structures including height
and number of units.
(6) The calculated floor area for each structure and each use within each
structure.
(7) Off-street parking lot arrangement designating all parking and stacking
spaces, off-street loading spaces, and any outdoor trash container space.
(8) Any sidewalks, bikeways or other paths and any areas reserved for
recreation activities, such as basketball and volleyball courts.
(9) Any outdoor lighting type and location, except for standard street lights
provided by the city.
(10) A landscaping plan showing the type and location of any walls, fences or
berms, the placement, size,
and species of any trees or shrubs, and areas that will be sod or seeded.
(11) All existing and proposed utilities, drainage ways and watercourses.
(12) All curb cuts and private drives.
(13) Adjacent existing and proposed uses.
II.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: September 24, 2024
SECOND READING: October 8, 2024
PUBLISHED: October 11, 2024
CITY OF BROOKINGS, SD
_______________________________
Oepke G. Niemeyer, Mayor
ATTEST:
___________________________________
Bonnie Foster, City Clerk
Created: 2023-12-01 09:22:39 [EST] (Supp. No. 16) Page 1 of 3 Sec. 94-163. Planned development district ("PDD"). (a) Intent. It is the intent of this planned development district ("PDD") to provide flexibility from conventional zoning regulations with increased public review for PDD projects in order to: (1) Encourage well-planned, efficient urban development. (2) Allow a planned and coordinated mix of land uses which are compatible and harmonious, but were previously discouraged by conventional zoning procedures.
(3) Encourage more creative, higher quality and more ecologically sensitive urban design with special consideration given to projects which incorporate desirable design features such as underground parking, orientation or design to take advantage of passive solar energy, environmental preservation, historic preservation, handicapped accessible structures, unique use of open spaces, or other desirable design features.
(4) Improve communication and cooperation among the city's land developers and interested residents in the urbanization of new lands and the renewal of existing deteriorated areas. (b) Scope of section provisions. The regulations set forth in this section are the district regulations in the planned development district, hereafter sometimes referred t o as "PDD". (c) Compliance with the comprehensive plan. The development within the planned development districts (PDD) shall comply with the policies and design standards of the existing comprehensive plan of the city. Planned developments within the PDD and adjacent projected developments shall be compatible with each other. (d) PDD application, zoning. Applications for a change of zoning to a planned development district are subject to
the requirements of section 94-7. (e) Initial development plan. A request for a rezoning to a planned development district shall be accompanied by an initial development plan. The plan shall be submitted at least 20 days prior to the planning commission meeting in which it is to be heard. The planning commission shall review the initial development plan and forward its recommendation, with or without modifications, to the city council. The following information must be specified on the initial development plan: (1) Project name and legal description. (2) A preliminary subdivision plan in compliance with all applicable subdivision regulations. (3) The proposed development scheme showing the following information: a. The proposed land uses including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed nonresidential buildings, and their square footage. b. The proposed maximum density of the development. Where unique physical, environmental or design characteristics exist or are proposed, lesser densities may be desirable.
c. The proposed maximum height. Where unique physical, environmental or design characteristics exist or are proposed, lesser heights may be desirable. d. Proposed design features illustrating compatibility with the surrounding environment and neighborhood. e. Anticipated sub-area development sequence. f. The proposed setbacks and buffer zone regulations.
Created: 2023-12-01 09:22:39 [EST] (Supp. No. 16) Page 2 of 3 (f) Final development plan. Prior to obtaining building permits for construction on any lots in the PDD, a final development plan shall be submitted to the planning commission, which shall have sole authority to approve, amend, or deny said plan. Properties located within a Commercial Corridor Overlay District are exempt from the Final Development Plan, however, are required to follow the Commercial Corridor Overlay District requirements consistent with an approved In itial Development Plan. The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan shall be shown for the areas submitted for concurrent approval. The final development plan shall be a scaled, reproducible drawing showing the following information: (1) The subdivision name, the legal description, and individual project name (if any). (2) Boundaries of any sub-area or sub-areas submitted for approval superimposed on the map of the initial development plan. (3) A subdivision plan of the sub-area or sub-areas submitted for approval in compliance with all applicable subdivision regulations. (4) The development standards for the sub-area or sub-areas based on the requirements in one or more of the traditional zoning districts. (5) The size, location and elevation of all proposed structures including height and number of units. (6) The calculated floor area for each structure and each use within each structure. (7) Off-street parking lot arrangement designating all parking and stacking spaces, off-street loading spaces, and any outdoor trash container space. (8) Any sidewalks, bikeways or other paths and any areas reserved for recreation activities, such as basketball and volleyball courts. (9) Any outdoor lighting type and location, except for standard street lights provided by the city. (10) A landscaping plan showing the type and location of any walls, fences or berms, the placement, size, and species of any trees or shrubs, and areas that will be sod or seeded.
(11) All existing and proposed utilities, drainage w ays and watercourses.
(12) All curb cuts and private drives.
(13) Adjacent existing and proposed uses. (g) Rezoning of PDD's and amendments. Requests for amending the underlying zoning district or to allow a use that has been specifically removed by the ordinance establishing the PDD, shall follow the process outlined in section 94-7. Other changes within a PDD shall be su bmitted as an overlay on the initial or final development plan. Amendments shall be classified as follows: (1) Initial development plan amendments. The following changes are considered amendments to an initial development plan: a. Any change in the proposed use(s) of land or buildings that results in a 20 percent net increase in the balance of residential or commercial square footage.
b. A major change in the street plan. c. An increase of 20 percent or more in the total density of the development.
d. Any decrease to the setbacks or buffer zones. e. An increase of ten percent or greater in the building height.
Created: 2023-12-01 09:22:39 [EST] (Supp. No. 16) Page 3 of 3 (2) Final development plan amendments. The following changes are considered amendments to a final development plan: a. Any adjustment exceeding ten percent in the dimensions of a building (length, width) or location. b. Any change in the number or location of access drives. c. Any decrease exceeding ten percent in required landscape areas, or other open areas.
d. A minor change in the street plan. e. Any increase of less than 20 percent in the density of any area or subarea. f. Any major change in the exterior design features of a building. g. A change in the size or location of freestanding signs. h. Any change in the proposed use(s) of land or buildings that results in less than a 20 percent net increase in the balance of residential or commercial square footage. i. Any increase or decrease of ten percent or greater in the number of parking spaces. (3) Minimal amendments. The following changes are considered minimal amendments to a final development plan: a. Any minor adjustment within a building which involves a more intensive use. b. Any change in the location of outdoor lighting, sidewalks or bikeways, recreation areas or loading docks. c. Any adjustment less than ten percent in the dimensions of a building (length, width) or location. d. An increase or decrease of less than ten percent in the number of parking spaces. (h) Procedure for amendments. Amendments to the PDD shall be subject to the following review procedures. (1) Initial development plan amendments. Amendments to the initial development plan must be reviewed by the planning commission and approved by a motion of the city council at a hearing for which notice has been published in the legal newspaper of the city at least one week prior to the city council hearing. (2) Final development plan amendments. Amendments to the final development plan must be approved by the planning commission at a hearing for which notice has been published in the legal newspaper of the city at least one week prior to the planning commission meeting. (3) Minimal amendments. Minimal amendments to the final development plan shall be submitted to the community development department on a reproducible development plan showing the requested changes. The community development department may then approve these proposed changes in writing if the proposed changes are appropriate.
(Ord. No. 21-03, 8-26-2003; Ord. No. 19-020 , § 1, 12-10-2019)
NOTICE OF PUBLIC HEARING
Ordinance 24-035
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, October 8, 2024, in the Brookings
City & County Government Center Chambers, 520 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 24-035, an Ordinance
amending Chapter 94, Article IV, Division 2, pertaining to Section 94-163 Planned
Development District (“PDD”). At which time and place all persons interested will be
given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this
27th day of September, 2024.
CITY OF BROOKINGS, SD
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to
Chapter 94, Article IV, Division 2, pertaining to Sec. 94-163 related to the regulations for the
Planned development district (“PDD”).
NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, September 3, 2024, in the Chambers Room on the third
floor of the Brookings City and County Government Center at 520 Third Street, Brookings,
South Dakota. Any action taken by the Planning Commission is a recommendation made to
the City Council.
Any person interested may appear and be heard in this matter.
Dated this 22nd day of August, 2024.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
September 3, 2024
OFFICIAL MINUTES
Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday,
September 3, 2024, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Tanner Aiken, Kyle Jamison, Scot Leddy, Jacob
Limmer, Roger Solum, and Debra Spear. Nick Schmeichel was absent. Also present were Community
Development Director Michael Struck and City Planner Ryan Miller. Also present were Todd Fergen,
George Houtman, Scott Thompson, Daniel Rhody, Lyle Pudwill, Lynda Pierce and Kellan Bludorn.
Item #6d – The City of Brookings proposed amendments to the City’s zoning ordinances located in
Chapter 94, Article IV, Division 2, pertaining to Sec. 94-163 related to the regulations for the Planned
development district (“PDD”).
(Solum/Limmer) Motion to approve the amendments to PDD. All present voted aye. MOTION
CARRIED.
OFFICIAL SUMMARY
Item #6d – Proposed amendments to the Commercial corridor design review overlay district
include the removal of an exemption for development within a Planned Development District. The
intent is to place an emphasis on the site design requirements of the commercial corridor overlay
district while also incentivizing development that meets those requirements by exempting the final
development plan so long as the initial development plan is consistent with requirements of the
commercial corridor overlay district.
Aiken asked if a project meets CCOD for administrative approval what are the steps. Miller IDP would
be seen for rezone and IDP by Planning Commission then City Council. If all requirements were met
the rest would be administrative. PC would only see once.
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 25-012,Version:2
Second Reading and Action on Ordinance 25-012, an Ordinance amending Article III of Chapter 34 of
the Code of Ordinances of the City of Brookings, and pertaining to the International Fire Code.
Summary and Recommended Action:
Staff recommends approval of the proposed ordinance revision that Article III of Chapter 34 of the
Code of Ordinances pertaining to the International Fire Code be amended to adopt the International
Fire Code (IFC) as outlined in Section 22-31 of the same Code of Ordinances. This revision will also
update obsolete definitions.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
Section 22-31
City of Brookings Printed on 5/8/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Pete Bolzer, Fire Chief
Council Meeting: April 22, 2025 / May 13, 2025
Subject: Ordinance 25-012: pertaining to the International Fire Code
Presenter: Jeremy Scott, Interim Deputy Fire Chief
Summary and Recommended Action:
Staff recommends approval of the proposed ordinance revision that Article III of Chapter
34 of the Code of Ordinances pertaining to the International Fire Code be amended to
adopt the International Fire Code (IFC) as outlined in Section 22-31 of the same Code
of Ordinances. This revision will also update obsolete definitions.
Item Details:
The city of Brookings has adopted the International Fire Code in Sections 22-31 and 34-
81 of the City Code of Ordinances. This revision references the Fire Code adoption in
Section 22-31 to eliminate duplication and confusion and avoid two separate sections of
city ordinance adopting different editions of the IFC. This revision also clarifies
applicability of the International Fire Code to the limits of the city and the surrounding
three-mile jurisdiction, provided the zoning designation within the joint jurisdictional area
has a zoning designation other than agricultural. The International Fire Code is not
enforceable outside the surrounding one-mile jurisdiction with respect to property zoned
agricultural. Brookings County Planning and Zoning concurs with this language.
The archaic term “chief of the fire department” has been replaced by the code
referenced “Fire Code Official”.
Legal Consideration:
This Ordinance was drafted by the City Attorney
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Financial Consideration:
None
Supporting Documentation:
Ordinance – clean
Ordinance – marked
Section 22-31
ORDINANCE 25-012
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 34 OF THE CODE
OF ORDINANCES OF THE CITY OF BROOKINGS, AND PERTAINING TO THE
INTERNATIONAL FIRE CODE.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
That Article III of Chapter 34 of the Code of Ordinances and pertaining to the
International Fire Code is hereby amended to read as follows:
Sec. 34-81. Adoption/Jurisdiction of the International Fire Code.
The city has adopted the International Fire Code in Section 22-31 of this Code of
Ordinances. The provisions of the International Fire Code shall be controlling within the
limits of the city and the surrounding three-mile jurisdiction, provided the zoning
designation within the joint jurisdictional area has a zoning designation other than
agricultural. The International Fire Code is not enforceable outside the surrounding one-
mile jurisdiction with respect to property zoned agricultural. The International Fire Code
governs the construction, protection and occupancy features of buildings to minimize
danger to life from fire, smoke, fumes or panic.
Sec. 34-82. Conflicts.
In the event of any conflict between the provisions of the International Fire Code
adopted by this article and applicable provisions of city ordinance or state laws, or of
any rules and regulations of the city, the provisions of state law, city ordinance and any
rules or regulations of the city shall prevail and be controlling.
Sec. 34-83. Definitions.
The following words, terms and phrases, when used in the International Fire Code, shall
have the meanings provided in this section, except where the context clearly indicates a
different meaning:
Corporation counsel means the city attorney.
Municipality means the City of Brookings.
Fire Code Official means the Fire Chief or other designated authority charged with
the administration of the Fire Code, or a duly authorized representative.
Sec. 34-84. Establishment of limits of districts in which storage of explosives and
blasting agents is prohibited.
The storage of explosives and blasting agents within the city limits is prohibited.
Sec. 34-85. Establishment of limits of districts in which storage of flammable and
combustible liquids in outside aboveground tanks is prohibited.
The storage of flammable and combustible liquids in outside, aboveground tanks is
prohibited in the city, except as may be permitted by applicable zoning and hazardous
material ordinances.
Sec. 34-86. Establishment of limits of districts in which new bulk plants for
flammable or combustible liquids is prohibited.
New bulk plants for flammable or combustible liquids are prohibited in the city, except
as may be permitted by applicable zoning and hazardous material ordinances.
Sec. 34-87. Establishment of limits in which bulk storage of liquefied petroleum
gases is prohibited.
Bulk storage of liquefied petroleum gas is prohibited in the city, except as may be
permitted by applicable zoning and hazardous material ordinances.
Sec. 34-88. Establishment of fire lanes on private property devoted to public use.
Fire lanes shall be as determined by the chief of the fire department and the chief of
police and shall be clearly designated by sign or other marking.
Sec. 34-89. Modifications.
The Fire Code Official shall have the power to modify any of the provisions of the
International Fire Code upon application in writing by the owner or lessee of property, or
their duly authorized agent when there are practical difficulties in compliance with the
code, provided that the spirit of the International Fire Code shall be observed, public
safety secured and substantial justice done. The particulars of such modification when
granted or allowed and the decision of the Fire Code Official thereon shall be entered
upon the records of the fire department and a signed copy shal l be furnished to the
applicant.
Sec. 34-90. Appeals.
Whenever the Fire Code Official shall disapprove an application or refuse to grant a
license or permit or when it is claimed that the provisions of the International Fire Code
do not apply, or that the true intent and meaning of the International Fire Code has been
misconstrued or wrongly interpreted, the applicant may appeal from the decision of the
Fire Code Official to the board of appeals of the city within 30 days of the date of the
Fire Code Official’s decision.
Secs. 34-91—34-120. Reserved.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: April 22, 2025
SECOND READING: May 13, 2025
PUBLISHED: May 16, 2025
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
ORDINANCE 25-_____
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF BROOKINGS, AND PERTAINING TO THE
INTERNATIONAL FIRE CODE.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
That Article III of Chapter 34 of the Code of Ordinances and pertaining to the
International Fire Code is hereby amended to read as follows:
Sec. 34-81. Adoption/Jurisdiction of the International Fire Code.
The city has adopted by the city that certain code known as the International Fire
Code in Section 22-31 of this Code of Ordinances, as recommended by the
International Code Counsel, 2009 edition. The provisions of the International Fire Code
shall be controlling within the limits of the city and the surrounding three-mile
jurisdiction, provided the zoning designation within the joint jurisdictional area has a
zoning designation other than agricultural. The International Fire Code is not
enforceable outside the surrounding one-mile jurisdiction with respect to property zoned
agricultural. The International Fire Code governs the construction, protection and
occupancy features of buildings to minimize danger to life from fire, smoke, fumes or
panic.
Sec. 34-82. Conflicts.
In the event of any conflict between the provisions of the International Fire Code
adopted by this article and applicable provisions of city ordinance or state laws, or of
any rules and regulations of the city, the provisions of state law, city ordinance and any
rules or regulations of the city shall prevail and be controlling.
Sec. 34-83. Definitions.
The following words, terms and phrases, when used in the International Fire Code,
shall have the meanings provided in this section, except w here the context clearly
indicates a different meaning:
Corporation counsel means the city attorney.
Municipality means the City of Brookings.
Fire Code Official means the Fire Chief or other designated authority charged with
the administration of the Fire Code, or a duly authorized representative.
Sec. 34-84. Establishment of limits of districts in which storage of explosives and
blasting agents is prohibited.
The storage of explosives and blasting agents within the city limits is prohibited.
Sec. 34-85. Establishment of limits of districts in which storage of flammable and
combustible liquids in outside aboveground tanks is prohibited.
The storage of flammable and combustible liquids in outside, aboveground tanks is
prohibited in the city, except as may be permitted by applicable zoning and hazardous
material ordinances.
Sec. 34-86. Establishment of limits of districts in which new bulk plants for
flammable or combustible liquids is prohibited.
New bulk plants for flammable or combustible liquids are prohibited in the city,
except as may be permitted by applicable zoning and hazardous material ordinances.
Sec. 34-87. Establishment of limits in which bulk storage of liquefied petroleum
gases is prohibited.
Bulk storage of liquefied petroleum gas is prohibited in the city, except as may be
permitted by applicable zoning and hazardous material ordinances.
Sec. 34-88. Establishment of fire lanes on private property devoted to public use.
Fire lanes shall be as determined by the chief of the fire department and the chief
of police and shall be clearly designated by sign or other marking.
Sec. 34-89. Modifications.
The chief of the fire department Fire Code Official shall have the power to modify
any of the provisions of the International Fire Code upon application in writing by the
owner or lessee of property, or their duly authorized agent when there are practical
difficulties in compliance with the code, provided that the spirit of the International Fire
Code shall be observed, public safety secured and substantial justice done. The
particulars of such modification when granted or allowed and the decision of the Fire
Code Official thereon shall be entered upon the records of the fire department and a
signed copy shall be furnished to the applicant.
Sec. 34-90. Appeals.
Whenever the chief of the fire department Fire Code Official shall disapprove an
application or refuse to grant a license or permit or when it is claimed that the provisions
of the International Fire Code do not apply, or that the true intent and meaning of the
International Fire Code has been misconstrued or wrongly interpreted, the applicant
may appeal from the decision of the Fire Code Official to the board of appeals of the city
within 30 days of the date of the Fire Code Official’s decision.
Secs. 34-91—34-120. Reserved.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING:
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
ATTEST: Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk
Created: 2025-01-16 09:31:01 [EST]
(Supp. No. 19)
Page 1 of 1
Sec. 22-31. Adoption.
There is adopted by the city those certain codes known as the 2021 Edition of the International Building
Code, the 2021 International Residential Code, the 2021 International Mechanical Code, the 2021 International
Fire Code, 2021 International Existing Building Code, and the 2021 International Property Maintenance Code
collectively referred to as the "International Building Code", "building code" or "code". A copy of the building code
is on file in the office of the city engineer and is available for inspection.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I,
4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
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 25-0205,Version:1
Public Hearing and Action on a Special Event Temporary Alcoholic Beverage Application from the
Brookings Cubs Baseball Group for the 2025 Brookings Cubs Baseball Game Season.
Summary and Recommended Action:
Staff recommends approval of the Brookings Cubs Baseball Group Special Event Temporary
Alcoholic Beverage Application for the 2025 Season. All games will be held at Bob Shelden Field,
530A Elm Avenue. Event dates: May 14, 21, 22; June 12, 16, 19, 29; July 16, 19 22; and August 2.
All special event temporary alcohol licenses must be approved by the City Council through use of a
public hearing.
Attachments:
Memo
Legal Notice
City of Brookings Printed on 5/8/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 13, 2025
Subject: Special Event Temporary Alcoholic Beverage Application:
Brookings Cubs Baseball
Presenter(s): Bonnie Foster, City Clerk
Summary:
Staff recommends approval of the Brookings Cubs Baseball Group Special Event
Temporary Alcoholic Beverage Application for the 2025 Season. All games will be held
at Bob Shelden Field, 530A Elm Avenue. Event dates: May 14, 21, 22; June 12, 16, 19,
29; July 16, 19 22; and August 2. All special event temporary alcohol licenses must be
approved by the City Council through use of a public hearing.
Item Detail:
All Special Event Temporary Alcoholic Beverage Licenses must be approved by the City
Council through use of a public hearing.
Brookings Cubs Baseball Group has applied for Special Event Temporary Alcoholic
Beverage Licenses to operate within the City of Brookings, South Dakota for the
Brookings Cubs Baseball 2025 Season. Games are scheduled to be held: May 14, 21,
22; June 12, 16, 19, 29; July 16, 19 22; and August 2 at Bob Shelden Field, 530A Elm
Avenue.
The Cubs first Special Event Temporary Alcoholic Beverage License was issued for the
2019 Season. They did not apply for a temporary alcohol license in 2020 due to
COVID-19, and have been issued for their seasons in 2021, 2022, 2023, and 2024. No
concerns or alcohol compliance violations have been presented for consideration.
Legal Consideration:
None.
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the community
can safely live, work and come together to participate in opportunities for learning,
recreation and enjoyment.
Financial Consideration:
As per Resolution 15-066, a Resolution establishing the License Fees for the Issuance
of Special Alcoholic Beverage Licenses in the City of Brookings, there will be a fee
assessed at $50 per event date.
Supporting Documentation:
Legal Notice
Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, May 13, 2025, in the Brookings City &
County Government Center, 520 Third Street, to consider a Temporary Alcohol License
Application from the Brookings Cubs Baseball Group, to operate within the City of
Brookings, South Dakota, the following dates: May 14, 21, 22; June 12, 16, 19 19; July
16, 19 22; and August 2 for Brookings Cubs Baseball Games to be held at Bob Shelden
Field, 530A Elm Avenue. At which time and place all persons interested will be given a
full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 2nd day of May, 2025.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost: $ .
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0200,Version:1
Public Hearing and Action on a Special Event Temporary Alcoholic Beverage Application for the
Annual Brookings Volunteer Fire Association Street Dance.
Summary and Recommended Action:
Staff recommends approval of the Brookings Volunteer Fire Association Special Event Temporary
Alcoholic Beverage License for their annual street dance fundraise. The event will be held on June
28, 2025 in the 300 Block of Main Avenue. This will be the 109th year for this annual event.
All Special Event Temporary Alcoholic Beverage Licenses must be approved by the City Council
through use of a public hearing.
Attachments:
Memo
Legal Notice
City of Brookings Printed on 5/8/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 13, 2025
Subject: Special Event Temporary Alcoholic Beverage Application:
Brookings Volunteer Fire Association Street Dance
Person(s) Presenting: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the Brookings Volunteer Fire Association Special Event
Temporary Alcoholic Beverage License for their annual street dance fundraise. The
event will be held on June 28, 2025 in the 300 Block of Main Avenue. This will be the
109th year for this annual event.
Item Details:
All Special Event / Temporary Alcoholic Beverage Licenses must be approved by the
City Council through use of a public hearing. All required documents have been filed
with the City.
35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or
county may issue: … (3) A special on-sale license in conjunction with a special event
within the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision
35-4-2(4) or (6) in addition to any other licenses held by the special events license
applicant;…Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1,
eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1.
The Brookings Volunteer Fire Association Annual Street Dance will be held on
Saturday, June 28, 2025 on the 300 Block of Main Avenue. The 300 Block of Main
Avenue will be closed from 8:00 a.m. on Saturday, June 28th, through 2:00 a.m. on
Sunday, June 29th.
This will be the 109th Anniversary of the Brookings Volunteer Fire Association Street
Dance. This event has been held on Main Avenue for 16+ years.
Legal Consideration:
None.
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the community
can safely live, work and come together to participate in opportunities for learning,
recreation and enjoyment.
Financial Consideration:
Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special
Alcoholic Beverage Licenses in the City of Brookings states: “Licenses issued to
charitable, educational, fraternal, or veterans organizations are exempt from the fee.”
Supporting Documentation:
Legal Notice
Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, May 13, 2025, in the Brookings City &
County Government Center, 520 Third Street, to consider an application for a temporary
alcohol license to operate within the City of Brookings, South Dakota for the Brookings
Volunteer Firefighter’s Association Annual Fireman’s Dance to be held on June 28,
2025 in the 300 block of Main Avenue. At which time and place all persons interested
will be given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 2nd day of May, 2025.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost: $ .
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0201,Version:1
Public Hearing and Action on a request to transfer an On-Off Sale Malt License, with video lottery
authorization, for 2515 6th Street, from On In 2 LLC, dba Boss’ Pizzeria & Sports Bar, Dallas
Wilkinson, owner, to Den Wil Hospitality Group, Inc., dba The Lodge, Dennis Beilfeldt, owner. Legal
description: Block 12, Telkamp Addition.
Summary and Recommended Action:
The City of Brookings has received an application to transfer the On-Off Sale Malt License, with
video lottery authorization, for 2515 6th Street, from On In 2 LLC, dba Boss’ Pizzeria & Sports Bar,
Dallas Wilkinson, owner, to Den Wil Hospitality Group, Inc., dba The Lodge, Dennis Beilfeldt, owner.
Legal description: Block 12, Telkamp Addition. All required documents have been submitted for this
application. Staff recommends approval.
Attachments:
Memo
Legal Notice
City Code and SDCL References
Location Map
City of Brookings Printed on 5/8/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 13, 2025
Subject: On-Off Sale Malt License Transfer, with video lottery authorization:
2515 6th Street
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
The City of Brookings has received an application to transfer the On -Off Sale Malt
License, with video lottery authorization, for 2515 6 th Street, from On In 2 LLC, dba
Boss’ Pizzeria & Sports Bar, Dallas Wilkinson, owner, to Den W il Hospitality Group, Inc.,
dba The Lodge, Dennis Bielfeldt, owner. Staff recommends approval.
Item Details:
A public hearing and action by the local governing body is required for the transfer of an
existing alcoholic beverage license, with video lottery authorization.
An application to transfer the On-Off Sale Malt License, with video lottery authorization,
from On In 2 LLC, Dallas Wilkinson, owner, to Den Wil Hospitality Group, Inc., dba The
Lodge, Dennis Bielfeldt, owner. Legal description: Block 12, Telkamp Addition.
If approved, the On-Off Sale Malt License, with Video Lottery authorization, would be
effective upon State Department of Revenue and SD State Video Lottery Office
approval and license issuance, and subject to an annual renewal.
Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the
Application Review Procedure. The city council shall review all applications submitted
to the city for available on-sale alcoholic beverage agreements and for all alcoholic
beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in
accordance with the following factors:
1) Type of business which applicant proposes to operate;
2) The manner in which the business is operated;
3) The extent to which minors are employed in such a place of business;
4) Adequacy of the police facilities to properly police the proposed location;
5) Other factors: The hours that business is conducted.
(Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2.
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or
the transfer of an existing license shall submit an application to the governing body of
the municipality in which the applicant intends to operate, or if outside the corporate
limits of a municipality, to the governing body of the county in which the applicant
intends to operate. The applicant shall submit the required fee with the application. The
governing body may approve the application for a new retail license or the transfer of an
existing license if the governing body considers the applicant suitable to hold the license
and the proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if:
(1) The approval of the application permits a person, corporation, or business
entity to possess more than one-third of the licenses available to be issued in
the jurisdiction; and
(2) The governing body determines that possession of more than one-third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty for
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
License Transfer Fee: $150 ($75 City of Brookings / $75 State of South Dakota.)
Video Lottery Fee: $50/ machine.
Supporting Documentation:
Legal Notice
City Code and SDCL References
Location Map
NOTICE OF PUBLIC HEARING
Transfer of a Full-Service Restaurant Liquor Operating Agreement and On-Off
Sale Malt License, with Video Lottery Authorization
Den Wil Hospitality Group, Inc., dba The Lodge
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on May 13, 2025, at 6:00 p.m. in the Brookings City &
County Government Center Chambers, 520 Third Street, will meet in regular
session to consider an application to transfer the Full-Service Restaurant Liquor
Operating Agreement, and On-Off Sale Malt License with Video Lottery, from On
In 2, LLC, dba Boss’ Pizzeria & Sports Bar, Dallas Wilkinson, owner, to Den Wil
Hospitality Group, Inc., dba The Lodge, Dennis Bielfeldt, owner, 2515 6th Street,
Brookings, South Dakota, legal description: Block 12, Telkamp Addition. At
which time and place all persons interested will be given a full, fair and complete
hearing thereon.
Dated at Brookings, South Dakota, this 2nd day of May, 2025.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $
Brookings City Code and SD Codified Law References:
City Code of Ordinance
Chapter 6, Article 2, Section 6-42. Application Review Procedure. The city council
shall review all applications submitted to the city for available on-sale alcoholic
beverage agreements and for all alcoholic beverage licenses in accordance with SDCL
Chapter 35-2 (SDCL 35-2-1 et seq.) and in accordance with the following factors:
1) Type of business which applicant proposes to operate: on -sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may
not be issued to convenience grocery stores, gas stations, or other stores where
groceries or gasoline are sold unless it can be established that minors do not
regularly frequent the establishment.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business: on -sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
4) Adequacy of the police facilities to properly police the proposed location: The city
council shall inquire of the city manager whether the police department can
adequately police the proposed location.
5) Other factors: The hours that business is conducted shall be considered by the
city council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale alcoholic beverage licenses.
(Code 1996, § 5-20)
State Law reference - Local license approval, SDCL 35-2-1.2.
SD Codified Law References:
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or
the transfer of an existing license shall submit an application to the governing body of
the municipality in which the applicant intends to operate, or if outside the corporate
limits of a municipality, to the governing body of the county in which the applicant
intends to operate. The applicant shall submit the required fee with the application. The
governing body may approve the application for a new retail license or the transfer of an
existing license if the governing body considers the applicant suitable to hold the license
and the proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty for
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
SDCL 35-2-6.2 Character requirements for licenses. Any licensee under this title
shall be a person of good moral character, never convicted of a felony, and, if a
corporation, the managing officers of the corporation shall meet the same
qualifications.” Source: SDC 1939, §§ 5.0204 (10) (c), 5.0303 (2); SDCL §§ 35-4-26,
35-6-4; SL 1971, ch 211, § 25; SL 2018, ch 213, § 22.
SDCL 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in
video lottery licensed establishments. A municipality or county may consider, in
addition to the criteria for the issuance of an on -sale alcoholic beverage license, the
following criteria for authorizing video lottery machine placement in establishments
issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and
(16):
1) The number of establishments currently licensed for video lottery;
2) The proximity of the business to other establishments licensed for video lottery;
3) The type of business and manner in which the applicant proposes to operate it;
4) The location of the business in relation to other businesses, residential areas, or
activities within the same general area;
5) The extent to which minors frequent a business connected to the one proposed;
and
6) The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the Department of
Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the
business premises is authorized for video lottery machine placement. An existing video
lottery license may not be denied renewal or transfer based upon the criteria set forth in
this section. The lottery may issue a video lottery license to those establishments
certified pursuant to this section. Notwithstanding the above provisions, a county or
municipality may not restrict the number of alcoholic beverage licenses issued under
subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than
those licensed as video lottery establishments on March 1, 1994.
Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex.
Ord. 11-1), § 161, eff. Apr. 12, 2011.
Brookings County, SD
Developed by
Parcel ID 405950120000000
Sec/Twp/Rng --
Property Address 2515 6TH ST
BROOKINGS
Alternate ID n/a
Class NADC
Acreage n/a
Owner Address 25TH AVE LLC
910 4TH ST
BROOKINGS SD 57006
District 4001
Brief Tax Description TELKAMP ADDITION, BLK 12 4.89 AC
(Note: Not to be used on legal documents)
Date created: 7/28/2023
Last Data Uploaded: 7/28/2023 1:30:50 AM
380 ft
Overview
Legend
Brookings City
Limits
City Limits
Township
Boundary
Sections
Parcels
Roads
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 25-048,Version:1
Public Hearing and Action on Resolution 25-048, a Resolution authorizing the City Manager to enter
into an Full Service On-Sale Restaurant Liquor Operating Agreement for 2515 6 th Street, Den Wil
Hospitality Group, Inc., dba The Lodge, Dennis Bielfeldt, owner. Legal description: Block 12,
Telkamp Addition.
Summary and Recommended Action:
The City of Brookings has received an application to transfer the Full Service On-Sale Restaurant
Liquor Operating Agreement for 2515 6th Street, from On In 2 LLC, dba Boss’ Pizzeria & Sports Bar,
Dallas Wilkinson, owner, to Den Wil Hospitality Group, Inc., dba The Lodge, Dennis Bielfeldt, owner.
Legal description: Block 12, Telkamp Addition. Staff recommends approval.
This Resolution allows the City Manager to enter into the first five years of the 10-year Alcohol
Management Agreement, effective through 2035. This license would be effective immediately and
subject to an annual renewal. If approved, the application will be forwarded to the State Department
of Revenue for final action and issuance of the license.
Attachments:
Memo
Resolution
Legal Notice
Operating Agreement
Location Map
City of Brookings Printed on 5/8/2025Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 13, 2025
Subject: Resolution 25-048: Full Service On-Sale Restaurant Liquor
License Operating Agreement – Den Wil Hospitality Group,
Inc., dba The Lodge
Person(s) Responsible: Bonnie Foster, City Clerk
Summary and Recommended Action:
The City of Brookings has received an application to transfer the Full Service On-Sale
Restaurant Liquor Operating Agreement for 2515 6th Street. Staff recommends
approval.
Item Details:
This is a transfer of an existing Full Service On-Sale Restaurant Liquor License from On
In 2 LLC, dba Boss’ Pizzeria & Sports Bar, Dallas Wilkinson, owner, to Den Wil
Hospitality Group, Inc., dba The Lodge, Dennis Bielfeldt, owner, for 2515 6th Street. A
new Alcohol Management Agreement would be entered into with the City and Den Wil
Hospitality Group, Inc. Legal description: Block 12, Telkamp Addition.
A public hearing and action by the local governing body is required. This Resolution
allows the City Manager to enter into the first five years of the 10-year Alcohol
Management Agreement effective through 2035. This license would be effective upon
State Department of Revenue approval and license issuance, and subject to an annual
renewal.
Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the
Application Review Procedure. The city council shall review all applications submitted
to the city for available on-sale alcoholic beverage agreements and for all alcoholic
beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in
accordance with the following factors:
1) Type of business which applicant proposes to operate: on -sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may
not be issued to convenience grocery stores, gas stations, or other stores where
groceries or gasoline are sold unless it can be established that minors do not
regularly frequent the establishment.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business: on-sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
4) Adequacy of the police facilities to properly police the proposed location: The city
council shall inquire of the city manager whether the police department can
adequately police the proposed location.
5) Other factors: The hours that business is conducted shall be considered by the
city council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale alcoholic beverage licenses.
(Code 1996, § 5-20)
State Law reference - Local license approval, SDCL 35-2-1.2.
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or
the transfer of an existing license shall submit an application to the governing body of
the municipality in which the applicant intends to operate, or if outside the corporate
limits of a municipality, to the governing body of the county in which the applicant
intends to operate. The applicant shall submit the required fee with the application. Th e
governing body may approve the application for a new retail license or the transfer of an
existing license if the governing body considers the applicant suitable to hold the license
and the proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty for
violation of the alcoholic beverage control law or the license has been suspe nded.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
License Transfer Fee: $150.
Supporting Documentation:
Resolution
Legal Notice
Operating Agreement
Location Map
RESOLUTION 25-048
FULL SERVICE ON-SALE RESTAURANT LIQUOR OPERATING AGREEMENT
– 10-YEAR AGREEMENT
DEN WIL HOSPITALITY GROUP, INC., DBA THE LODGE
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves an Operating Alcohol Management Agreement for Full-Service On-Sale
Restaurant Liquor between the City of Brookings and Dennis Bielfeldt, owners, Den Wil
Hospitality Group, Inc., dba The Lodge, for the purpose of a alcohol manager to operate
the On-Sale Establishment or business for and on behalf of the City of Brookings at
2515 6th Street.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the
Agreement on behalf of the City, which shall be for a period of 10 years, with a 5-year
mid-term renewal.
Passed and Approved this 13th day of May, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
FULL SERVICE ON-SALE RESTAURANT LIQUOR OPERATING AGREEMENT
– NEW 10-YEAR AGREEMENT
DEN WIL HOSPITALITY GROUP, INC., DBA THE LODGE
THIS AGREEMENT made and entered into by and between the City of Brookings, a
municipal corporation of the State of South Dakota, hereinafter referred to as the “City”
and Dennis Bielfeldt, owner, Den Wil Hospitality Group, Inc., dba The Lodge, hereinafter
referred to as “Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-off sale establishment or business
for and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-off
sale establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto
allow the Manager to operate a retail on-off sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement in accordance with all
State laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on -off
sale establishment, including but not limited to utilities, taxes, insurance, and license
fees, if any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-off sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
Block 12, Telkamp Addition.
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale Establishment.
V.
This Agreement shall be in full force and effect for a period of five (5) years with the
Manager having the option and privilege of a five (5) year extension, subject to the
approval of the governing body of the City of Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-off sale establishment under its management, and the sole profit to be
derived by the City shall be the markup hereinafter set forth on alcoholic beverages
furnished by the municipality to the Manager for the purposes of resale on t he premises
as above described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits
and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the
Manager shall pay to the City for all malt beverages sold by the City to the Manager for
resale on the above-described premises, the actual cost of malt beverages, plus ten
percent (10%) in excess of such cost. The actual cost shall include cost price and
transportation charges. The markup percentages provided in this Agreement are
subject to change by the City of Brookings. In the event markup percentages are
changed by Ordinance, then the markup percentages provided by City Ordinance shall
supercede the markup percentages provided herein. The Man ager further agrees that if
either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by prenumbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off -sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, Five Hundred, and no/100 Dollars ($500.00), constituting the
Annual License Fee on or by 1st day of November of each year thereafter as long as this
agreement shall remain in force and effect. The payment of the Annual Renewal
License Fee will not extend the term of this Operating Agreement beyond the term
provided therein. The Manager further agrees that if the annual fee shall be increased
at any time by the legislature, the Manager shall pay the amount of any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in
the event of termination of the business, all unused alcoholic beverages, which may be
resold without discount may be returned to the City and the Manager shall be
reimbursed for such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-off sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager agains t
claims for injury or damages to persons or property, said policy to have general
liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single
limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty
Thousand Dollars ($50,000.00) for damage to property. The general liability
insurance limits are subject to change and Manager agrees to change limits of
insurance if required by the City;
F. Rent and utility bills;
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the Ci ty
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-off sale license.
XVII.
The City shall have the right to make inspections and investigations of the premises
during the hours of operation, and make audits and examinations of the records of the
Manager relating to the on-off sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIX.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 15th
day of May, 2025.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST: Paul Briseno, City Manager
Bonnie Foster, City Clerk
MANAGER
By:
By:
NOTICE OF PUBLIC HEARING
Transfer of a Full-Service Restaurant Liquor Operating Agreement and On-Off
Sale Malt License, with Video Lottery Authorization
Den Wil Hospitality Group, Inc., dba The Lodge
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on May 13, 2025, at 6:00 p.m. in the Brookings City &
County Government Center Chambers, 520 Third Street, will meet in regular
session to consider an application to transfer the Full-Service Restaurant Liquor
Operating Agreement, and On-Off Sale Malt License with Video Lottery, from On
In 2, LLC, dba Boss’ Pizzeria & Sports Bar, Dallas Wilkinson, owner, to Den Wil
Hospitality Group, Inc., dba The Lodge, Dennis Bielfeldt, owner, 2515 6th Street,
Brookings, South Dakota, legal description: Block 12, Telkamp Addition. At
which time and place all persons interested will be given a full, fair and complete
hearing thereon.
Dated at Brookings, South Dakota, this 2nd day of May, 2025.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $
Brookings County, SD
Developed by
Parcel ID 405950120000000
Sec/Twp/Rng --
Property Address 2515 6TH ST
BROOKINGS
Alternate ID n/a
Class NADC
Acreage n/a
Owner Address 25TH AVE LLC
910 4TH ST
BROOKINGS SD 57006
District 4001
Brief Tax Description TELKAMP ADDITION, BLK 12 4.89 AC
(Note: Not to be used on legal documents)
Date created: 7/28/2023
Last Data Uploaded: 7/28/2023 1:30:50 AM
380 ft
Overview
Legend
Brookings City
Limits
City Limits
Township
Boundary
Sections
Parcels
Roads
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 25-0225,Version:1
Public Hearing and Action on Annual Malt Alcoholic Beverage License Renewals for establishments
which have failed an alcohol compliance check within the past 12 months.
Summary and Recommended Action:
A public hearing is required to be held for the alcohol license renewals for establishments which have
failed an alcohol compliance check within the past 12 months. Staff recommends approval of the
alcoholic beverage license renewals.
Attachments:
Memo
Hearing Notice
SDCL
Video Lottery List
City of Brookings Printed on 5/8/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 13, 2025
Subject: Public Hearing: Malt Alcoholic Beverage License renewals for
establishments which have failed an alcohol compliance check
within the past 12 months
Presenter(s): Bonnie Foster, City Clerk
Summary and Recommended Action:
A public hearing and action is required for 6 establishments alcoholic beverage license
renewals which have failed an alcohol compliance check within the past 12 months
(April 2024 - April 2025). Staff recommends approval.
Item Details:
Alcohol compliance checks are conducted by the Brookings Police Department. The
focus of the compliance checks is sales / service of alcoholic beverages to individuals
under the age of 21.
A public hearing is required as per SDCL 35-2-1.2 for any licensee where one or more
of the licensee’s employees have been subjected to a criminal penalty for violation of
the alcoholic beverage control law within the past 12 months (April 2024 - April 2025).
See attached City Code and SDCL statutes in their entirety.
The following establishments have had a compliance check violation within the previous
12 months (April 2024 – April 2025). There have been no compliance check violations
for these establishments since July 2024. The establishments affected are:
BP of Brookings, 2420 6th St.
Brookings Softball Assoc., 2800 22nd Ave. So.
Casey’s General Store, #1694, 620 8th St. So.
Casey’s General Store, #2419, 534 22nd Ave. So.
Deuces Casino, 233 6th St.
Guadalajara’s Mexican Restaurant, 1715 6th St., Suite F
All state required processes and fees for the compliance check violations have been
completed.
If City Council approval is granted, all applications will be forwarded to the SD
Department of Revenue for final action and issuance of the 2025-2026 licenses.
Establishment representatives have been asked to attend the City Council meeting in
order to answer any questions the Council may have. Establishments submitted in
writing the steps they have taken to prevent additional sales to underage individuals.
This information has been provided to the City Council under separate cover.
The City Council needs to determine whether the applicant is still a suitable applicant
and whether the location is still a suitable location for an alcohol license.
Legal Consideration:
None.
Strategic Plan Consideration:
This item falls under Fiscal Responsibility in ensuring the City’s licensed alcohol ic
beverage licenses are in compliance with requirements set forth in State Statute.
Financial Consideration:
Malt License Renewal Fee: $150 (city portion)
Supporting Documentation:
Memo
Hearing Notice
SDCL
Video Lottery List
Notice of Public Hearing on Applications for
Sale of Alcoholic Beverages for 2025
NOTICE IS HEREBY GIVEN that the City Council in and for the City of Brookings, South
Dakota, on Tuesday, May 13, 2025, at 6:00 p.m. CST, in the Council Chambers, Brookings
City & County Government Center, 520 3rd Street, in said City of Brookings, will meet in
regular session to consider the following renewal applications for On-Off Sale Malt Licenses
to operate within the City of Brookings, South Dakota, for the 2025-2026 licensing period,
which have been presented to the governing body and filed in the City Clerk’s Office. BP of
Brookings, 2420 6th St.; Casey’s General Stores #1694, 680 8th St. So. and #2419, 534 22nd
Ave. So.; Deuces Casino, 223 6th St.; Guadalajara, 1715 6th St.; Brookings Softball
Association, 2800 22nd Ave. S.
Bonnie Foster, City Clerk
Dated May 5, 2025
Published ______ time(s) at an approximate cost of $ _____________.
Brookings City Code
Sec. 6-42. - Application review procedure.
The city council shall review all applications submitted to the city for available on -sale
alcoholic beverage agreements and for all alcoholic beverage licenses in accordance
with SDCL Chapter 35-2 (SDCL 35-2-1 et seq.) and in accordance with the following
factors:
1. Type of business which applicant proposes to operate. On-sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may
not be issued to convenience grocery stores, gas stations or other stores where
groceries or gasoline are sold unless it can be established that minors do not
regularly frequent the establishment.
2. Manner in which the business is operated. On-sale alcoholic beverage operating
agreements and on-sale alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3. Extent to which minors are employed in such a place of business. On -sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
licenses may not be issued to convenience grocery stores, gas stations or other
stores where groceries or gasoline are sold and which regularly employ minors.
4. Adequacy of the police facilities to properly police the proposed location. The city
council shall inquire of the city manager whether the police department can
adequately police the proposed location.
5. Other factors. The hours that business is conducted shall be considered by the
city council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale alcoholic beverage licenses.
(Code 1996, § 5-20)
State Law reference— Local license approval, SDCL 35-2-1.2.
SDCL References
35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval.
Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of
an existing license shall submit an application to the governing body of the municipality
in which the applicant intends to operate, or if outside the corporate limits of a
municipality, to the governing body of the county in which the applicant intends to
operate. The applicant shall submit the required fee with the application. The governing
body may approve the application for a new retail license or the transfer of an existing
license if the governing body considers the applicant suitable to hold the license and the
proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if:
1. The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2. The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty for
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
35-2-10. Violation as ground for revocation or suspension of license--Multiple
licenses.
The secretary, in compliance with chapter 1-26, may revoke or suspend any license
issued under this title upon proof of violation by the licensee, by the licensee's agents or
employees, or by the manager or contractual operators of retail establishments and
their agents or employees operating under a county or municipal license, of any of the
following:
(1) Any provision of this title;
(2) Any rule promulgated pursuant to this title; or
(3) Any ordinance or regulation relevant to alcoholic beverage control adopted by the
political subdivision issuing the license.
For any licensee with multiple alcoholic beverage licenses for the same premises, upon
suspension or revocation of any license pursuant to this title, the licensee shall cease
operation under all alcoholic beverage licenses held by the licensee for the same
premises for the same period as the suspension or revocation.
Source: SDC 1939, § 5.0104; SL 1971, ch 211, § 18; revised pursuant to SL 1972, ch
15, § 4; SL 1993, ch 264; SL 2008, ch 37, § 148; SL 2010, ch 180, § 14; SL 2015, ch
196, § 25, eff. Jan. 1, 2016; SL 2018, ch 213, § 30.
35-2-10.1. Conditions under which license may not be revoked or suspended for
sale to persons under twenty-one--Penalty.
No retail license may be revoked or suspended because of a violation of any statute,
ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to
a person under the age of twenty-one years if the violation was committed by an
employee or agent of the licensee and the licensee has not had more than two
violations of any statute, ordinance, rule, or regulation prohibiting the sale or service of
an alcoholic beverage to a person under the age of twenty-one years on the premises
where the violation occurred in the previous twenty-four months.
If the licensee meets the requirements of the conditions of this section, the secretary
shall impose a civil penalty of five hundred dollars for a first violation and one thousand
dollars for a second violation. However, if the employee or agent has not been certified
by a nationally recognized training program approved by the department that provides
instruction on techniques to prevent persons under the age of twenty-one years from
purchasing or consuming alcoholic beverages, the secretary shall impose a civil penalty
of one thousand dollars for a first violation and two thousand dollars for a second
violation.
A licensee may request an administrative hearing pursuant to chapter 1-26 to contest
the imposition of a civil penalty.
Source: SL 2000, ch 177, § 1; SL 2003, ch 189, § 1; SL 2005, ch 198, § 2; SL 2011, ch
1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2018, ch 213, § 31.
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A B C D
# Video
Business Owner Lottery Machines
Malt / Wine License Holders
1 Boss's Pizzeria & Sports Bar On In 2 LLC / Darren Newborg and Dallas Wilkinson 7
2 BP of Brookings, Suite A BP of Brookings, Inc. / Lance Park and Dan Park 9
3 BP of Brookings, Suite B BP of Brookings, Inc. / Lance Park and Dan Park 8
4 Carpy's Pub George Faehnrich 10
5 Casino 2000, Suite A Behrend Management / Brooks Behrend 10
6 Casino 2000, Suite B (INACTIVE)Behrend Management / Brooks Behrend 0
7 Circle K / Holiday Station Stores (INACTIVE)Holiday Stationstores, LLC 0
8 Corner Pantry #19 MG Oil Co. / Marlyn Erickson and Troy Erickson 10
9 Corner Pantry #24, Suite A MG Oil Co. / Marlyn Erickson and Troy Erickson 10
10 Corner Pantry #24, Suite B MG Oil Co. / Marlyn Erickson and Troy Erickson 10
11 The Depot Casino MG Oil Co. / Marlyn Erickson and Troy Erickson 10
12 Deuces Casino, Suite 105A
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 10
13 Deuces Casino, Suite 105B
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 10
14 Deuces Casino, Suite 105C
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 9
15 Deuces Casino, Suite 105D
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 10
16 Deuces Casino, Suite 105E (INACTIVE)
Common Wealth Gaming & Holdings, Co. / Bryant Soberg and
Kirby Muilenburg 0
17 4 Aces Casino, Suite A SVK Properties / Todd Voss 10
18 4 Aces Casino, Suite B SVK Properties / Todd Voss 10
19 4 Aces Casino, Suite C SVK Properties / Todd Voss 10
20 4 Aces Casino, Suite D SVK Properties / Todd Voss 10
21 The Lanes, Suite B MG Oil Co. / Marlyn Erickson and Troy Erickson 6
22 The Lanes, Suite C MG Oil Co. / Marlyn Erickson and Troy Erickson 9
23 Main Street Pub Gonz Productions, Inc. / Garner Hansen 6
24 PNP Pub Schoon's Pub Inc. / Jon Schoon 10
25 Ray's Corner, Suite B Icon Investments / Todd Voss 10
26 Schoon's Pump N' Pak South Schoon's Properties Inc. / Jon Schoon 10
27 South Main Diner SVK Properties, LLC / Todd Voss 10
28 South Main Diner, Suite B SVK Properties, LLC / Todd Voss 10
29 Tee'd Off Golf
Tee'd Off Golf, LLC / B. & S. Brecher, J. & M. Schulte, C.
Thompson 4
30 (Malt License was not renewed in 2023.)
Liquor License Holders
(The City cannot restrict Video Lottery authorizations for On-
Sale Liquor Licensees.)
1 Bank Saloon & Vault / Jack's Entertainment Jack's Entertainment LLC / Todd Voss and Bob Winter 10
2 Boss's Pizzeria On In 2 LLC / Dallas Wilkinson 7
3 Buffalo Wild Wings Bar & Grill W&P of Brookings LLC / Todd and Susan LaHaise 2
4 Cubby's Sports Bar & Grill GDT Inc. / Gus Theodosopoulos 7
5 Danny's David Olson, Inc., / David Olson 10
6 Jim's Tap Urquart Enterprises, Inc. / Don Urquhart 3
7 The Lanes MG Oil Co. / Marlyn Erickson and Troy Erickson 10
8 9 Bar Nightclub Nine Inc. / Gus Theodosopoulos 6
9 Ray's Corner, Suite A Icon Investments / Todd Voss 10
10 Skinner's Pub Greg & Shari Thornes 8
11 Sully's Irish Pub 3 Guys, LLC 7
12 The Wild Hare Wonder Inc. / Todd Voss, David Kneip, G. Kneip 10
(Dated: May 2025)TOTAL Video Lottery Machines 328
S:\Cityhall\City Clerk - Internal\Alcohol\Video Lottery\Summary - Lists\Video Lottery May 2025 List.xlsx Page 1
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 25-0236,Version:1
Action on the Economic Merger Implementation Plan.
Summary and Recommended Action:
The Economic Development Merger Committee was formed in November 2024 with the intention of
developing an implementation plan to guide the merger of the Brookings Area Chamber of
Commerce, the Brookings Economic Development Corporation, Downtown Brookings, and Visit
Brookings. A merged organization will preserve the existing mission of the existing entities, maximize
available resources, and better position the Brookings region to take advantage of opportunities and
meet challenges now and into the future.
By approving the implementation plan, the council affirms its support to consider funding a merged
organization in 2026. Staff recommends approval.
Attachments:
Draft Implementation Plan
City of Brookings Printed on 5/9/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Council Member Nick Wendell and Tom Fishback
Council Meeting: May 13, 2025
Subject: Economic Development Merger
Presenter(s): Council Member Nick Wendell and Tom Fishback
Summary and Recommended Action:
The Economic Development Merger Committee was formed in November 2024 with the
intention of developing an implementation plan to guide the merger of the Brookings
Area Chamber of Commerce, the Brookings Economic Development Corporation,
Downtown Brookings, and Visit Brookings. A merged organization will preserve the
existing mission of the existing entities, maximize available resources, and better
position the Brookings region to take advantage of opportunities and meet challenges
now and into the future.
By approving the implementation plan, the council affirms its support to consider funding
a merged organization in 2026. Staff recommends approval.
Item Details:
In the process of developing the implementation plan, the merger committee has
gathered information from the existing organizations, conducted an analysis of multiple
peer communities, and solicited staff feedback through in -person interviews, forums,
and electronic surveys. The committee also held a forum for board members and key
stakeholders, presented preliminary information at the April 22, 2025 Brookings City
Council meeting, and hosted a public open house on April 30, 2025.
The implementation plan includes a recommended organizational structure, potential
staff positions, the membership and selection process for a new Board of Directors, and
the hiring process and job responsibilities of new President/CEO to lead the merged
organization.
A brief timeline of intended future milestones is outlined below:
May 13 – Council Approves the Implementation Plan
June 16 – Selection Committee Appoints New Board of Directors
June 30 – Four Existing Organizations Determine Participation in Merger
July/August – Conduct Search Process for President/CEO
Fall – President/CEO Begins Tenure
January 2026 – Launch of the Merged Organization
Legal Consideration:
None
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
The merger committee is requesting up to $250,000 from the Economic Development
Reserves Fund to support transition activities.
Supporting Documentation:
Draft Implementation Plan
IMPLEMENTATION PLAN
A product of the Economic Development Merger Committee
Brookings City Council | Tuesday, May 13, 2025
2
TABLE OF CONTENTS
Executive Summary 3
Section I. Background
Committee Membership 5
Scope of Work and Timeline 6
Staff, Board Member, and Stakeholder Engagement 7
FY25 Budget Highlights 8
Peer Community Analysis 9
Section II. Recommendations
Organizational and Staff Structure 10
Board of Directors 10
President/CEO 11
Shared Services Pillars 11
Mission Focused Pillars 12
Section III. Preparing for the Launch
High-Priority Tasks 14
Transition Funding 14
ORGANIZATION ABBREVIATIONS
Throughout the document, particularly in charts and graphics, the four existing organizations are often
referred to using abbreviated terms.
• Brookings Area Chamber of Commerce = Chamber
• Brookings Economic Development Corporation = BEDC
• Downtown Brookings = Downtown
• Visit Brookings = Visit
APPRECIATION
Thank you to the members of the merger committee for your continued commitment to this effort and
to getting it right. Thank you to the staff and boards of the existing organizations for your willingness to
share information, have honest conversations, and position the future organization to be successful.
3
EXECUTIVE SUMMARY
INTRODUCTION
The Economic Development Merger Committee was formed in November 2024. The primary intention of the
committee is to develop an implementation plan to guide the merger of the Brookings Area Chamber of
Commerce, the Brookings Economic Development Corporation, Downtown Brookings, and Visit Brookings.
The newly-formed organization endeavors to preserve the existing missions of the merging entities,
maximize available resources, and best position the Brookings region to meet challenges and
opportunities now and into the future.
The implementation plan is designed to guide the launch of the organization. A new leader and Board of
Directors will be expected to create a more long-range plan to include a clear mission, set of measurable
goals, and recommended annual budget.
COMMITTEE MEMBERSHIP
The co-chairs of the merger committee are Tom Fishback and Nick Wendell. The 15-member committee is
populated with individuals familiar with the work of the existing organizations. All members have either
served or are currently serving on at least one organization board. A complete committee roster is provided
on page five.
COMMITTEE WORK
The committee has convened regularly since December 2024. Initially, the committee reviewed information
(budgets, staff structure, bylaws) provided by the organizations and conducted an analysis of six peer
communities who operate with merged organizations. The committee also worked to engage staff and board
members through in-person meetings, interviews, forums, and follow-up surveys.
After gathering information and considering feedback from a wide variety of stakeholders, the committee
drafted an organizational structure, defined staffing needs, and built the framework around a new Board
of Directors.
STAFF, BOARD MEMBER, AND STAKEHOLDER ENGAGEMENT
While the merger committee has served as a central hub of information -gathering, discussion, and
decision-making, feedback from staff, board members, and stakeholders has continued to inform the
development of the implementation plan.
Early in the process, the committee received letters outlining concerns and potential opportunities from
each of the existing boards. The committee co-chairs also met with the boards of each organization.
Committee members conducted two-on-one interviews with each staff member in January and February.
A draft version of the organizational structure was presented at an all -staff forum on March 20, 2025.
A similar forum for board members and key stakeholders was held on March 27, 2025. The committee
gathered feedback via an electronic survey sent to attendees after each event.
The committee will continue to engage existing staff and board members as elements of the plan mature.
PEER COMMUNITY ANALYSIS
Over the past two decades, several mid-sized (15,000-100,000 population) cities in the upper Midwest have
merged their economic development related agencies. The committee identified six such peer communities
to consider, including Ames, Burlington (IA), Laramie, Mankato, Rapid City, and Yankton.
In each community, the merged organization now includes centralized staff and budgeting models
supported by members, investors, and public funding. Communities cited a shared vision, enhanced
resources, and the ability to recruit and retain high -caliber staff as positive outcomes of their mergers.
While the peer community analysis influenced some of the recommendations included in the implementation
plan and the interviews helped the committee identify best practices, the proposed organizational structure
is unique to Brookings and designed to best meet the needs of the Brookings region.
4
(Executive Summary continued)
ORGANIZATIONAL STRUCTURE
The recommended organizational structure is designed to reflect the mission and work of the newly-merged
organization. The structure includes a President/Chief Executive Office (CEO) reporting to a central Board of
Directors. The structure also includes three mission -focused pillars—Business Development, Community
Development, and Destination Development. Each pillar will also have an advisory council.
A high-level version of the structure is outlined below. A more detailed version is provided on pages 10 -12.
BOARD OF DIRECTORS
PRESIDENT/CEO
OPERATIONS
Internal Functions
SALES, DATA,
& MARKETING
COMMUNITY
DEVELOPMENT
BUSINESS
DEVELOPMENT
DESTINATION
DEVELOPMENT
BUDGET
The committee received FY24 and FY25 budgets from each of the organizations. In FY24, the four
organizations estimated a total budget surplus of $152,436 ($1,926,220 income and $1,773,784
expenditures). In FY25, the organizations are projecting a total budget deficit of -$42,279 ($1,961,413
income and $2,003,692 expenditures).
The City of Brookings provided $858,000 in funding to the four organizations in FY25. Of that total,
$263,000 comes from revenue generated through the pillow tax and directed to Visit Brookings.
In FY25, the four organizations are projecting compensation (salary + benefits) expenditures totaling
approximately $1,150,000 and 13 positions. The implementation plan identifies approximately $1,275,000
in compensation expenditures and 14 positions in FY26 for the merged organization.
Additional budget details are provided on pages eight and 13.
BOARD OF DIRECTORS
The merged organization will be led by a newly -formed Board of Directors. A seven-member selection
committee comprised of representatives identified by the four existing organizations and merger committee
members will appoint the initial 12-member board. The initial board will include:
• Eight at-large members, including the three advisory council chairs
• City of Brookings representative
• Brookings County representative
• South Dakota State University representative
• President/CEO (non-voting member)
Additional details related to the terms, membership, and work of the board can be found on page 10.
ADVISORY
COUNCIL
ADVISORY
COUNCIL
ADVISORY
COUNCIL
CONCLUSION
The merger effort presents a tremendous opportunity to launch a reimagined organization that preserves
the best of the missions of the existing entities. The merge is an opportunity to position the Brookings
region as a magnet in the upper Midwest, to better meet the needs of existing businesses of all sizes,
and to create an environment that nurtures the next generation of civic and industry leaders.
5
SECTION I. BACKGROUND
COMMITTEE MEMBERSHIP
The Economic Development Merger Committee was formed in November 2024 with the primary intention
to develop an implementation plan to merge the Brookings Area Chamber of Commerce, the Brookings
Economic Development Corporation, Downtown Brookings, and Visit Brookings. The committee is populated
with individuals familiar with the work of the four existing organizations.
All members of the committee have either served or are currently serving on the boards of one or more
of the organizations. Various industries and sectors of the community are represented. Historically, the
organizations have received considerable public funding, therefore, the committee also includes three
members of the Brookings City Council and one member of the Brookings County Commission.
Tom Fishback and Nick Wendell serve as committee co-chairs. The full committee roster is provided below.
Name Organization Current or Previous Board Service
Wayne Avery Brookings City Council
Angela Boersma ID8 Architecture BEDC
Tom Fishback First Bank & Trust BEDC, Downtown
Andi Fouberg SDSU Alumni Association BEDC, Chamber
Marcus Heemstra Millborn Seeds BEDC
Shawn Hostler Brookings County Commission
Paul Gilk Daktronics Chamber
Jamison Lamp SDSU Office of the President Visit
Jacob Meshke City of Brookings Chamber, Visit
Daniel Scholl SDSU Research & Economic Development BEDC
Michael Schulte City of Volga Chamber
Laci Thompson Pasque and The Nook Downtown
Holly Tilton Byrne Brookings City Council
Mike Turnwall First Bank & Trust Chamber
Nick Wendell Brookings City Council
6
SCOPE OF WORK
In order to develop a comprehensive implementation plan that both acknowledges current state and casts
a vision for the future state, the committee began by gathering information.
In December 2024, the committee requested a variety of documents from the organizations. The requested
and received documents included current and historical budgets, job descriptions, organizational structures,
bylaws, policies, and procedures. Much of the relevant information has been shared with the committee in
group meetings and been used to guide the work of subcommittees developing elements of the plan.
In addition to gathering information from the organizations, the committee conducted interviews with staff,
met with existing boards, and analyzed several peer communities with merged organizations. The findings
of those interviews, meetings, and analyses are highlighted in the following pages.
Timeline
A high-level timeline of the committee’s work is provided below. The timeline is not designed to capture all
committee activities, but does include several key milestones. Milestones in black have already occurred,
while milestones in blue are intended to occur between now and January 2026.
NOVEMBER The committee is formed and the intent to merge is shared with staff and stakeholders.
The co-chairs meet with existing boards and the committee convenes for the first time.
The committee begins meeting regularly to consider information gathered from
organizations. Subcommittees are formed to consider various elements of the plan.
DECEMBER
JANUARY
Members of the committee conduct 2:1 meetings with all staff. Six peer communities are
identified, interviewed, and analyzed.
FEBRUARY
An all-staff forum is held on March 20. A forum for board members and key stakeholders
is held on March 27. A preliminary draft of the organizational structure is shared.
MARCH
A comprehensive update is provided to the Brookings City Council on April 22.
The committee hosts a public open house on April 30.
APRIL
The selection committee for the initial Board of Directors is identified. The
implementation plan is considered by the Brookings City Council on May 13.
MAY
The initial Board of Directors is appointed by June 16. The existing boards determine
participation in the merged organization by June 30.
JUNE
The process to hire a President/CEO is conducted. Existing staff engagement continues.
The brand/identity for the merged organization is developed.
SUMMER
New President/CEO begins duties. FALL
The merged organization launches. JANUARY
7
MEETING STRUCTURE AND TOPICS
The full committee met on nine Friday mornings between December 2024 and May 2025. Early in the
process, the committee agreed that it was important that meetings served as a safe environment to have
honest conversations, but that staff and key stakeholders would benefit from the consistent sharing
of information.
In January, the committee created a web site to serve as a central public depository of information.
The site can be found at www.growtogetherbrookings.com.
As noted, the existing organizations provided requested information to the committee. This information
guided initial discussions and broadened understanding among committee members of the current state
of the economic development ecosystem in the Brookings region. The committee also created a number
of smaller subcommittees designed to dig deeper into high -priority topics, work productively, and report
recommendations back to the full group during meetings.
The initial subcommittee topics included:
• Communications
• Finance and Budget
• Organizational and Board Structure
As the effort matured, other smaller working groups considered topics including the structure and selection
process for the initial Board of Directors, the overall organizational structure, and future staff positions.
At the close of each meeting, the committee identified a set of key takeaways to share with staff and other
stakeholders. A key takeaways document from each meeting was shared electronically with staff and
uploaded to the committee web site.
The committee will continue to convene until the initial Board of Directors is appointed in mid -June.
STAFF, BOARD MEMBER, AND STAKEHOLDER ENGAGEMENT
The committee engaged with staff and the existing boards throughout the process of developing the
implementation plan.
Staff Engagement
As committee co-chairs, Tom Fishback and Nick Wendell met with all directors and staff in November.
In January and February, members of the Communications subcommittee conducted two -on-one staff
meetings. These meetings were designed to give staff members an opportunity to share their thoughts on
the merger process, the opportunities and challenges presented by the merger, and their perspectives on
their current position and job responsibilities.
The committee hosted an all-staff forum on March 20, 2025. During the forum, committee members shared
a preliminary draft of the organizational structure and facilitated small-group discussions centered around
various elements of the structure. An electronic survey was sent to all staff following the forum and ten staff
members responded. As part of the survey, respondents were asked to rank their feelings about various
statements on a 1 to 10 scale, with 1 being strongly disagree and 10 being strongly agree.
Merger committee members currently serving on existing boards have also been encouraged to engage
with staff as the work of the merger progresses. Staff feedback has been used to evolve the organizational
structure and identify initial positions within the newly -merged organization.
After seeing the draft structure, I believe
the merger is an opportunity to enhance
the ability of the existing organizations to
fulfill our missions.“
9 out of 10
respondents ranked their feelings about
this statement at a 7 or above.
“
8
Board Member and Stakeholder Engagement
Since January, the boards of the existing organizations have each submitted letters to the merger
committee, which were reviewed during full group committee meetings. The letters highlighted
opportunities and concerns presented by the merger. Each of the letters can be viewed on the committee
website, but some common themes did emerge, including; the importance of preserving the unique missions
of the organizations, opportunities for stronger collaboration and better use of resources, concerns about
the role of the City of Brookings, and consideration of brand identity and awareness.
Since December, Tom Fishback and Nick Wendell, committee co-chairs, have attended board meetings for
each of the existing organizations. These meetings have provided an opportunity to share details of the
merger process and to gather feedback from board members.
On March 27, 2025, the committee hosted a forum for board members and key stakeholders. More than 70
attendees (including staff) reviewed an updated draft of the organizational structure and engaged in small
group discussions led by merger committee members. The discussion groups focused on various elements
of the merged organization. An electronic survey was sent to attendees following the forum.
Tom Fishback and Nick Wendell presented an update to the Brookings City Council during their pubic
meeting on April 22, 2025. The slide deck from that meeting can be found on the committee web site.
The committee also hosted a public open house on April 30, 2025.
BUDGET HIGHLIGHTS
The four existing organizations shared their projected FY25 budgets and recent budget histories.
While the budget of each organization has important nuances in both income and expenditures, common
themes emerged.
Total Income and Expenditures (FY24 and FY25)
FY24 (Actual) FY25 (Projected)
Income $1,926,220 $1,961,413
Expenditures $1,773,784 $2,003,692
Difference $152,436 -$42,279
By the Numbers
The statistics below were provided in organization budgets shared with the merger committee.
All information is based on FY25 data.
$858,000
in overall funding provided to
the four organizations from
the City of Brookings, the
largest single funding source
in the ecosystem.
Of that total, $263,000
comes from revenue
generated through the pillow
tax and directed to Visit
Brookings.
$1,100,000
in salary and benefits costs
for the four organizations.
$138,000
in rent, lease, and office
related expenses for the four
organizations.
$135,000
in marketing expenses for
the four organizations.
$540,000
in revenue generated
from memberships and
sponsorships.
9
City Chamber Downtown EDC Visit Public $ Model
Ames x x x x Pillared
Burlington x x x x x Pillared
Laramie x x Central
Mankato x x x x x Pillared
Rapid City x x x Central
Yankton x x x x Pillared
Peer Community Organization Characteristics
While the merged organizations in peer communities had a variety of similarities and differences, the
committee identified two general models that appeared to exist —pillared and centralized. In the pillared
model, all components of the organization report to the President/CEO, but distinct pillars and units remain.
Some general staff serve across all units (i.e. marketing, HR, finance and budget). In the centralized model,
all components of the organization seemed to report to the President/CEO and most or all staff serve the
central function of the organization.
PEER COMMUNITY ANALYSIS
Several mid-sized cities throughout the region have shifted to merged and/or partner organizations over the
past two decades. The Organizational and Board Structure subcommittee conducted interviews with six
comparable cities identified as peer communities. These cities have multiple characteristics in common with
Brookings, including:
• Populations between 15,000 and 100,000 people
• Located in the upper Midwest
• Similar economic/industry composition (several are home to a college or university)
Peer Communities Map
In each community, the merged organization now includes centralized staff and budgeting models
supported by some combination of members, investors, and public funding. Communities cited a shared
vision, enhanced resources, and the ability to recruit and retain high-caliber staff as positive outcomes of
their merger. In addition to the six identified peer communities, the committee found more than a dozen
cities in Iowa and Minnesota that have also gone through similar mergers.
10
SECTION II. RECOMMENDATIONS
PROPOSED ORGANIZATIONAL STRUCTURE
The recommended structure is designed to organize the mission and work of the merged organization,
with a President/Chief Executive Office (CEO) reporting to a central Board of Directors. The structure
includes an Operations (internal functions) pillar and a Sales, Data, and Marketing pillar, both comprised of
staff intended to serve across the entire organization.
The structure also includes three mission-focused pillars—Business Development, Community Development,
and Destination Development. Each mission-focused pillar will have an advisory council.
A high-level version of the structure is outlined below. This section of the plan also includes additional
details related to the Board of Directors, the President/CEO, shared -services pillars, and the potential staff
positions, primary functions, and advisory councils for the three mission-focused pillars.
BOARD OF DIRECTORS
PRESIDENT/CEO
OPERATIONS
Internal Functions
SALES, DATA,
& MARKETING
COMMUNITY
DEVELOPMENT
BUSINESS
DEVELOPMENT
DESTINATION
DEVELOPMENT
ADVISORY
COUNCIL
ADVISORY
COUNCIL
ADVISORY
COUNCIL
BOARD OF DIRECTORS
The merged organization will be led by a newly -formed Board of Directors. The board will be charged with
oversight of the President/CEO and with setting the strategic direction of the organization.
Membership
The 12-member Board of Directors will include the following positions:
• Eight at-large members, including the three advisory council chairs
• City of Brookings representative
• Brookings County representative
• South Dakota State University representative
• President/CEO (non-voting member)
Selection Process
A seven-member selection committee has been identified and includes three members of the merger
committee and one representative identified by each of the four existing organizations.
The selection committee includes; Nathaniel Condelli (Downtown Brookings), Tom Fishback (Merger
Committee), Andi Fouberg (Merger Committee), Marcus Heemstra (Merger Committee), Jared Knudson
(Brookings Economic Development Corporation), Kate Treiber (Visit Brookings) and Samantha Tupper
(Brookings Area Chamber of Commerce).
The selection committee will begin accepting applications soon, with the goal of appointing the initial board
by June 16, 2025.
11
PRESIDENT/CEO
A President/CEO will be hired to oversee all aspects of the newly -merged organization. The President/CEO
will report to the Board of Directors.
Primary Function
• Provide oversight to the organization, including direct supervision of multiple directors.
• Maintain authority to make all budgetary and personnel decisions.
• Serve as the key advocate and public face of the organization, particularly with members, elected
officials, and other stakeholders.
Hiring Process and Timeline
The Board of Directors will oversee the hiring process for the President/CEO. Interview days will include
in-person opportunities for staff, stakeholder, and public engagement.
PRIOR TO SUMMER 2025
Search Plan Developed
Job Description Drafted
JUNE & JULY 2025
Hiring Process Conducted
(including stakeholder groups)
AUGUST 2025
President/CEO Selected
FALL 2025
President/CEO Tenure Begins
SHARED SERVICES PILLARS
One of the benefits of a merger is the ability to share services across the entire organization. This level of
collaboration will create an opportunity to maximize the resources directed at fulfilling the central mission
while reducing duplicative efforts. The recommended structure includes two shared -services pillars—an
Operations pillar and a Sales, Data, and Marketing pillar.
OPERATIONS
In a newly-defined structure, one of the shared services pillars will be Operations.
Primary Function
Staff in this pillar will focus primarily on internal functions, including:
• Finance and Budget Management
• Office Management
• Contracted Services (human resources, legal, audit)
Staff
The Operations pillar will include two full -time positions, including an Office Manager and a Finance/
Controller position. This pillar will likely also oversee a variety of contracted services including human
resources, legal, and auditing functions.
SALES, DATA, AND MARKETING
In a newly-defined structure, one of the shared services pillars will be Sales, Data, and Marketing.
Primary Function
Staff in this pillar will oversee marketing and communications for the organization and play a key role in
revenue generating activities, including:
• Membership Efforts
• Sales (in partnership with relevant mission-focused pillars)
• Data and Analytics
Staff
The Sales, Data, and Marketing pillar will include five full -time positions and will be led by the Director of
Sales. Other positions in this unit will include the Membership Specialist, the Data and Analytics Specialist,
and two Marketing Specialists.
12
BUSINESS DEVELOPMENT
In a newly-defined structure, one of the mission-focused pillars will be Business Development.
Primary Function
Staff in this pillar will support programs and services related to:
• Advocacy for the Business Community
• Entrepreneurship and Innovation
• Support for New, Small, and Growing Businesses
• Workforce Development, Recruitment, and Training
Staff
This pillar will include two full-time positions, a Director of Business Development and a Business
Development Specialist. The Director of Business Development will likely report to the President/CEO.
COMMUNITY DEVELOPMENT
In a newly-defined structure, one of the mission-focused pillars will be Community Development.
Primary Function
Staff in this pillar will support a wide variety of quality of life initiatives, including:
• Childcare
• Education and Training
• New Resident Experience
• Placemaking and District Development
• Workforce Housing
Staff
This pillar will include two full-time positions, a Director of Community Development and a Community
Development Specialist. The Director of Community Development will likely report to the President/CEO.
DESTINATION DEVELOPMENT
In a newly-defined structure, one of the mission-focused pillars will be Destination Development.
Primary Function
Staff in this pillar will support programs and services related to:
• Conference, Convention, and Event Recruitment
• Downtown and Community Events and Promotions
• Management of the Visit Brookings Brand
• Support for Tourism-Related Businesses and Attractions
Staff
This pillar will include two full-time positions, a Director of Destination Development and a Destination
Development Specialist. The Director of Destination Development will likely report to the President/CEO.
MISSION FOCUSED PILLARS
In addition to the shared services pillars, the merged entity will function as one dynamic, multi -faceted
organization with three mission-focused pillars—Business Development, Community Development, and
Destination Development.
The recommended structure will allow staff to narrow their focus to particular elements of the organization ’s
mission, but will also promote synergy among pillars through collaborative efforts and working groups
aligned with certain initiatives.
13
DEVELOPING THE STAFFING PLAN
In FY25, the four existing organizations are projecting compensation (salary + benefits) expenditures
totaling approximately $1,150,000. The organizations include 13 full -time positions (not including interns).
The implementation plan identifies approximately $1,275,000 in compensation expenditures in FY26 to
support 14 positions for the merged organization.
All current staff in the existing organizations will have positions in the merged organization. Final staff
positions, including job responsibilities, in the shared -services and mission-focused pillars are currently being
developed. Merger committee members will continue to engage existing staff in this work. The goal is to
begin aligning existing staff with potential new positions throughout the summer to prepare for a transition
into new roles in January 2026.
A working group of merger committee members is currently evaluating existing and potential future
compensation packages, including salaries, incentives, benefits, and leave.
ADVISORY COUNCILS
Each of the mission-focused pillars will include an advisory council comprised of advocates, stakeholders,
and potential volunteers. The chair of each advisory council will also serve on the Board of Directors to
ensure there is a consistent flow of information, support, and accountability throughout the organization.
The existing organizations operate with several volunteer committees, many of which will likely play an
important role in the merged organization in the future.
IDENTIFYING OFFICE SPACE NEEDS
The existing organizations operate from three separate office spaces, including:
• Brookings Area Chamber of Commerce and Visit Brookings at 1321 6th Street
• Brookings Economic Development Corporation at 2301 Research Park Way
• Downtown Brookings at 414 Main Avenue
In FY25, the organizations are projecting rent, lease, and office related expenses totaling more than
$138,000. Ideally, the merged organization will be co -located in one space. Co-location will help to maximize
resources and enhance collaboration.
The merger committee is working with staff to identify the characteristics of a future space, including square
footage, location within the community, and visibility for current and potential stakeholders.
BUILDING THE BUDGET
While the merger committee has spent considerable time evaluating the budgets and financial conditions of
the existing organizations, an initial task for the newly -formed Board of Directors and President/CEO will be
to finalize the FY26 budget for the merged organization. This work will include confirming the appropriate
allocation of resources to support each of the shared services and mission -focused pillars.
14
SECTION III. PREPARING FOR THE LAUNCH
HIGH PRIORITY TASKS
The launch of a newly-merged organization will require a number of initial tasks that should be prioritized
between June and December 2025. These tasks will be the primary focus of the Board of Directors and the
President/CEO, as the current staff will maintain the missions and workload of the existing organizations.
The initial list of high-priority tasks includes:
• Naming a new board of directors to provide oversight to the merged organization
• Affirming participation from the boards of the existing organizations
• Conducting a search process and hiring a President/CEO to lead the organization
• Developing a set of bylaws, policies, and procedures to govern the organization
• Finalize a staffing structure that considers existing staff and the needs of the organization
• Identifying the benefits, leave accrual, and other details of total compensation packages
• Securing necessary funding for 2026
• Building a new brand and identity to support the organization
• Identifying a physical space to accommodate the organization and staff
TRANSITION FUNDING
The remainder of 2025 will include the launch of the merged organization and a continued commitment to
the existing organizations and their missions. A successful launch will require funding to support merger
specific activities for the remainder of 2025.
Request
The merger committee requests the Brookings City Council provide funding up to $250,000 to support
merger activities for the remainder of 2025.
Source
The allocation could be supported through the Economic Development Reserves Fund.
Needs and Intended Activities
The funding would support the following needs and activities:
• President/CEO Search Process
• Brand/Identity Development
• Legal Counsel (determining a plan for assets, bylaws/policy/procedure development)
• President/CEO Compensation Package (remainder of FY25)
CONCLUSION
The merger effort presents a tremendous opportunity to launch a reimagined organization that preserves
the best of the missions of the existing entities. An opportunity to position the Brookings region as a magnet
in the upper Midwest, to better meet the needs of existing businesses of all sizes, and to create an
environment that nurtures the next generation of civic and industry leaders.
The merged organization will work to invest in quality of life and placemaking initiatives, to develop districts
and neighborhoods in downtown and beyond, and to create the kind of community that attracts and retains
visitors and makes residents proud.
This implementation plan likely doesn’t answer every question, but it does begin to define the organizational
structure and resources necessary to accomplish the bold intent of the merger.
15
Additional information regarding the work of the Economic Development Merger Committee
and the creation of the implementation plan can be found at
WWW.GROWTOGETHERBROOKINGS.COM