HomeMy WebLinkAbout2025_07_22 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, July 22, 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.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. 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
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.
5. 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 25-03315.A.
Page 1 City of Brookings
July 22, 2025City Council Meeting Agenda - Final
7/8/2025 CC MinutesAttachments:
Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders.
ID 25-03375.B.
Memo
SDCL 35-4-124
Attachments:
Action on Resolution 25-063, a Resolution to Approve the Renovation of
the Dwiggins-Medary Skatepark.
RES 25-0635.C.
Memo
Resolution
Quote
Design
Agreement
Attachments:
Action on Resolution 25-066, a Resolution declaring surplus property for
the City of Brookings.
RES 25-0665.D.
Memo
Resolution
Attachments:
6. Presentations/Reports:
Proclamation: McCrory Gardens DayID 25-03406.A.
ProclamationAttachments:
Proclamation: Americans with Disabilities Act 35th Anniversary DayID 25-03416.B.
ProclamationAttachments:
7. Contracts/Change Orders:
Public Hearing and Action on Resolution 25-069, a Resolution Authorizing
Purchase of Real Estate for Parking Lot.
RES 25-0697.A.
Memo
Resolution
Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
8. 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 25-027, an Ordinance ORD 25-0278.A.
Page 2 City of Brookings
July 22, 2025City Council Meeting Agenda - Final
Authorizing Budget Amendment No. 5 to the 2025 Budget. Second
Reading and Action: August 12, 2025.
Memo
Ordinance
Attachments:
Introduction and First Reading on Ordinance 25-024, an Ordinance
Establishing a Citizen’s Request for Reconsideration Policy Appeal
Process. Second Reading and Action: July 22, 2025.
ORD 25-0248.B.
Memo
Ordinance
Citizens Request for Reconsideration Policy - marked
Citizens Request for Reconsideration Policy - clean
SDCL 22-25-56
Attachments:
Introduction and First Reading on Ordinance 25-023, an Ordinance
Amending Chapter 94, Article VI, Division 6, pertaining to Section 94-505,
Regulations relating to Cannabis Dispensaries. Public Hearing and
Action: August 12, 2025.
ORD 25-0238.C.
Memo
Ordinance - clean
Ordinance - marked
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Attachments:
Introduction and First Reading on Ordinance 25-026, an Ordinance to
Change the Zoning within the City of Brookings (the South 110 feet of
Outlot A in the Southwest ¼ in Section 20, Township 110, Range 49, City
of Brookings, Brookings County, South Dakota, also known as 716 34th
Avenue, from Agriculture A District to Business B-3 Heavy District). Public
Hearing and Action: August 12, 2025.
ORD 25-0268.D.
Memo
Ordinance
Petition to Rezone
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Location Map
Zoning Map
Future Land Use Map
B-3 Zoning Regulations
Attachments:
Page 3 City of Brookings
July 22, 2025City Council Meeting Agenda - Final
Introduction and First Reading on Ordinance 25-025, an Ordinance to
Change the Zoning within the City of Brookings (various City properties
from an Agriculture A District, Floodway FW District, Residence R-1 Rural
Estate District, Residence R-1B Single-Family District, Residence R-2
Two-Family District, Residence R-3 Apartment District, Residence R-3A
Apartments/Mobile Homes/Manufactured Housing District, Residence
RMH Single-Family and Manufactured Housing District, Business B-3
Heavy District, Industrial I-1 Light District, Industrial I-1R Restricted District,
Industrial I-2 Heavy District, and Planned Development District to a Civic
District). Public Hearing and Action: August 12, 2025.
ORD 25-0258.E.
Memo
Ordinance
Notice - City Council
Notice - Planning Commission
Planning Commission Minutes
Location Map
Civic Regulations
Uses Comparison
Attachments:
9. Public Hearings and Second Readings:
Second Reading and Action on Ordinance 25-022, an Ordinance
Amending Chapter 2 of the Code of Ordinances of the City of Brookings
and Pertaining to the Authority and Duties of the Brookings Human Rights
Commission.
ORD 25-0229.A.
Memo
Ordinance - clean
Ordinance - marked
Attachments:
Action: Motion, Request Public Comment, Roll Call
Legislative History
7/8/25 City Council read into the record
Public Hearing and Action on Resolution 25-065, a Resolution to Amend
the 2040 Comprehensive Plan’s Future Land Use Map.
RES 25-0659.B.
Page 4 City of Brookings
July 22, 2025City Council Meeting Agenda - Final
Memo
Resolution
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Request Letter
Location Map
Future Land Use Map
Zoning Map
Floodplain Map
Suitability Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on a request to transfer an On-Off Sale Malt
License, for 929-931 25th Avenue, from Dennis Bielfeldt, owner, Den Wil
Hospitality Group, Inc., dba Wilbert’s, to Matt Chapman, owner, Domellie’s
LLC, dba Domellie’s.
ID 25-03359.C.
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 25-060, a Resolution authorizing
the City Manager to enter into a 10-year On-Off Sale Wine Operating
Agreement with Matt Chapman, Domellie’s LLC, dba Domellie’s.
RES 25-0609.D.
Memo
Resolution
Operating Agreement
Legal Notice
Location Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on Resolution 25-067, a Resolution authorizing
the City Manager to enter into a 10-year On-Sale Convention Liquor
Operating Agreement with Matt Chapman, Domellie’s LLC, dba
Domellie’s.
RES 25-0679.E.
Page 5 City of Brookings
July 22, 2025City Council Meeting Agenda - Final
Memo
Resolution
Operating Agreement
Legal Notice
Location Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
10. Other Business: NONE
City of Brookings Progress Report.ID 25-033211.
2025 July Progress ReportAttachments:
12. 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.
13. Executive Session
Executive Session, pursuant to SDCL 1-25-2.4, for preparing for contract
negotiations or negotiating with employees or employee representatives;
SDCL 1-25-2.3, for consulting with legal counsel or reviewing
communications from legal counsel about proposed or pending litigation or
contractual matters; and SDCL 1-25-2.5, for discussing marketing or
pricing strategies by a board or commission of a business owned by the
state or any of its political subdivisions, when public discussion may be
harmful to the competitive position of the business.
ID 25-033313.A.
Action: Motion to enter Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
14. Adjourn.
Action: Motion, Voice Vote
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager
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.
Page 6 City of Brookings
July 22, 2025City Council Meeting Agenda - Final
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 7 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 25-0331,Version:1
Action to approve City Council meeting minutes.
Attachments:
07/08/2025 City Council Minutes
City of Brookings Printed on 7/18/2025Page 1 of 1
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BROOKINGS CITY COUNCIL
July 8, 2025 (unapproved)
The Brookings City Council held a joint meeting with the County Commission on
Tuesday, July 8, 2025 at 5:30 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, Lisa Hager, Bonny Specker, Holly
Tilton Byrne, and Nick Wendell. County Commission Members present: Shawn
Hostler, Larry Jensen, Dave Miller, Doug Post, and Kelly VanderWal. City Manager
Paul Briseno, City Attorney Vince J. Jones, and City Clerk Bonnie Foster were also
present.
Agenda. A motion was made by Council Member Doran, seconded by Council Member
Tilton Byrne, that the agenda be approved. The motion carried by the following vote:
Yes: 6 - Avery, Doran, Hager, Niemeyer, Specker, and Tilton Byrne; Absent: 1 -
Wendell. A motion was made by County Commissioner Hostle r, seconded by County
Commissioner Miller, that the agenda be approved. The motion carried by the following
vote: Yes: 5 - Hostler, Jensen, Miller, Post, and VanderWal.
Ordinance 25-005. A public hearing was held on City of Brookings Ordinance 25-013
and Brookings County Commission Ordinance 2025-04, an Ordinance to Change the
Zoning within the City of Brookings (the East 1 Acre of Rudebusch Addition Easterly 2
Acres of Lot 1 in NE ¼ of Section 4-T109N-R50W, also known as 1809 West 20th Street
South, from Joint Jurisdiction Agriculture District to Joint Jurisdiction Residence R-1A
Single-Family District). A motion was made by Council Member Doran, seconded by
Council Member Tilton Byrne, that Ordinance 25-013 be approved. Public Comment:
TJ Chandler. The motion failed by the following vote: No: 7 - Avery, Doran, Hager,
Niemeyer, Specker, Tilton Byrne, Wendell. A motion was made by County
Commissioner Post, seconded by County Commissioner Miller, that Ordinance 2025 -04
be approved. The motion failed by the following vote: Yes: 2 – Miller and Post; No:
Hostler, Jensen, and VanderWal.
Adjourn the Joint Meeting. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Doran, that this portion of the Joint Meeting be adjourned
at 5:58 p.m. The motion carried by a unanimous vote. A motion was made by County
Commissioner VanderWal, seconded by County Commissioner Miller that this portion of
the Joint Meeting be adjourned at 5:58 p.m. The motion carried by a unanimous vote.
(A brief recess began at 5:58 p.m. to end the joint portion of the meeting, dismissing the
County Commission. The City Council reconvened at 6:00 p.m.)
Consent Agenda. A motion was made by Council Member Doran, seconded by
Council Member Wendell, that the consent agenda be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and
Wendell.
A. Action to approve the June 24, 2025 City Council Minutes.
B. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders: Sodexo Catering (License Holder RB-28249
and RW -28251): SDSU TL25-068, SDSU TL25-069, SDSU TL25-070, SDSU TL25-071,
and SDSU TL25-072.
C. Action on Resolution 25-015, a Resolution authorizing the City Manager to
sign an On-Off Sale Wine Operating Agreement 5-year renewal with Kathy
Elenkiwich, owner, for BYG - BK LLC., dba Backyard Grill.
RESOLUTION 25-015 - BYG – BK LLC, DBA BACKYARD GRILL
WINE ON-SALE ALCOHOLIC BEVERAGE OPERATING AGREEMENT 5-YEAR
MID-TERM RENEWAL
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the On -Sale Wine Alcoholic Beverage
Management Agreement between the City of Brookings and Kathy Elenkiwich, owner,
of BYG - BK LLC, dba Backyard Grill, for the purpose of a manager to operate the on -
sale establishment or business for and on behalf of the City of Brookings at 1805 6 th
Street. Legal Description: East 298.5 feet of the North 342.1 feet, Lot 6, Suite 1805,
Village Square Addition.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be
authorized to execute the Agreement on behalf of the City, which shall be for the
remaining 5 years of the 10-year agreement.
D. Action on the 2026 City Council Meeting Calendar.
Proclamation: Park and Recreation Month. Mayor Niemeyer presented a
Proclamation to Kristin Zimmerman, Parks, Recreation & Forestry Director, Members of
the Park & Recreation Board, and Department staff recognizing July as Park and
Recreation Month. Erica Saunders, President of P&R Board accepted the
proclamation.
MAYORAL PROCLAMATION
WHEREAS, parks and recreation promotes health and wellness, improving the physical
and mental health of people who live near parks; and
WHEREAS, parks and recreation promotes time spent in nature, which impacts mental
health by increasing cognitive performance, and alleviating illnesses such as
depression, attention deficit disorders, and Alzheimer’s; and
WHEREAS, parks and recreation encourages physical activities by providing space for
activities designed to promote active lifestyles; and
WHEREAS, parks and recreation increases economic prosperity through increased
property values, increased tourism, the attraction and retention of businesses, and
crime reduction; and
WHEREAS, parks and natural recreation areas ensure the ecological beauty of our
community and provide a place for children and adults to connect with nature and
recreate outdoors; and
WHEREAS, Brookings recognizes the benefits derived from parks and recreation
resources.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim July as Parks and Recreation Month.
Report: Ex-Officio Reports. A Brookings Health Systems Board of Trustees report
was given by Council Member Hager. A Brookings Municipal Utility Board report was
not presented.
Resolution 25-064. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 25-064, a Resolution Awarding Bids on 2025-
01SWR Sidewalk Maintenance Project, be approved. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne,
Wendell.
RESOLUTION 25-064 - RESOLUTION AWARDING BIDS ON THE 2025-01SWR
SIDEWALK MAINTENANCE PROJECT
WHEREAS, the City of Brookings opened bids for the 2025-01SWR Project on
Tuesday, June 17, 2025 at 1:30 pm at the Brookings City & County Governm ent Center;
and
WHEREAS, the City of Brookings received the following low bid for the 2025-01SWR
Sidewalk Maintenance Project from Brock Contracting, in the amount of $52,738.75;
and
WHEREAS, the low bid was approximately 53% lower than the Engineer’s Estimate.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the low bid of $52,738.75 for Brock Contracting, 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 25-022. Introduction and First Reading was held on
Ordinance 25-022, an Ordinance Amending Chapter 2 of the Code of Ordinances of the
City of Brookings and Pertaining to the Authority and Duties of the Brookings Human
Rights Commission. Public Comment: former Human Rights Commission member
Lawrence Novotny, and current Human Rights Commission member Carla Gatzke.
Second Reading and Action: July 22, 2025.
Ordinance 25-021. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Ordinance 25-021, an Ordinance authorizing Budget
Amendment No. 4 to the 2025 Budget, be approved. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne,
Wendell.
Ordinance 25-015. A public hearing was held on Ordinance 25-015, an Ordinance
Amending the Zoning Ordinance Pertaining to Concrete, Asphalt, and Rock Crushing
Facility for the Purposes of Administration of the Zoning Ordinance. A motion was
made by Council Member Wendell, seconded by Council Member Doran, that
Ordinance 25-015 be approved. The motion carried by the following vote: Yes: 7 -
Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, Wendell.
Ordinance 25-014. A public hearing was held on Ordinance 25-014, an Ordinance
Amending the Zoning Ordinance of the City of Brookings and Pertaining to the
Expiration of a Conditional Use Permit for the Purpose of Administration of the Zoning
Ordinance. A motion was made by Council Member Wendell, seconded by Council
Member Avery, that Ordinance 25-014 be approved. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne,
Wendell.
Executive Session. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Doran, to enter into Executive Session at 6:54 p.m., pursuant to
SDCL 1-25-2.3, for the purpose of consulting with legal counsel or reviewing
communications from legal counsel about proposed or pending litigation or contractual
matters; and SDCL 1-25-2.5, for the purpose of discussing marketing or pricing
strategies by a board or commission of a business owned by the state or any of its
political subdivisions, when public discussion may be harmful to the competitive position
of the business. The motion carried by a unanimous vote. A motion was made by
Council Member Wendell, seconded by Council Member Tilton Byrne, to exit Executive
Session, at 7:36 p.m. The motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Wendell, that this meeting be adjourned at 7:36 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 25-0337,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 7/18/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: July 22, 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 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.
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 TL25-073 (8/15/2025) – SDSU Volleyball Banquet (First Bank &
Trust Arena)
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 #:RES 25-063,Version:1
Action on Resolution 25-063, a Resolution to Approve the Renovation of the Dwiggins-Medary
Skatepark.
Summary and Recommended Action:
Staff recommends approval of this resolution to complete the Medary-Dwiggins Skatepark
Renovation with American Ramp Company of Joplin, MO, for the cost of $315,000.00.
Attachments:
Memo
Resolution
Quote
Design
Agreement
City of Brookings Printed on 7/18/2025Page 1 of 1
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City Council Agenda Item Memo
From: Joshua Bauman, Parks, Recreation and Forestry Assistant
Director
Council Meeting: July 22, 2025
Subject: Resolution 25-063: Medary-Dwiggins Skatepark Renovation
Presenter: Kristin Zimmerman, Parks, Recreation and Forestry Director
Summary and Recommended Action:
Staff recommends approval of this resolution to complete the Medary-Dwiggins
Skatepark Renovation with American Ramp Company of Joplin, MO, for the cost of
$315,000.00.
Item Details:
The Parks, Recreation and Forestry Department desires to enter into a contract with
American Ramp Company at the cost of $315,000.00 for the renovation of the Medary-
Dwiggins Skatepark in the Summer/Fall of 2025.
The City has budgeted $315,000.00 for this project in the 2025 fiscal year and desires
to utilize Sourcewell Contract #112420-ARC for the designed renovation, which totals
the full budgeted amount of $315,000.00.
The current skatepark has reached the end of its u seful life and is slated for
replacement in the 2025 fiscal year. In light of its age and condition, a full renovation is
necessary to bring the facility up to current safety standards. This upgrade will result in
reduced operational costs for the park in the short term due to improved infrastructure.
The City has partnered with American Ramp Company, a full-service design and build
firm, to oversee the planning and construction of the renovated skatepark. American
Ramp Company is well-equipped to manage both the design phase and the execution
of the project, ensuring the final outcome meets the community's needs.
To ensure the new skatepark reflects the desires and requirements of its users, the
Parks, Recreation and Forestry Department, in collaboration with American Ramp
Company, hosted a Community Input Meeting on March 4th. This meeting provided an
opportunity for users to share their feedback and ideas for the renovation. The final
design is a direct result of this feedback, incorporating the needs of the current user
groups while also addressing the long-term needs of the community. The design is
intended to accommodate skaters of all ages and abilities.
This skatepark will serve as a safe, inclusive, and engaging space for our community.
Legal Consideration:
City Attorney has reviewed the contract and 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:
The City will enter into a contract with American Ramp Company for $315,000.00
utilizing Sourcewell Contract #112420-ARC and falls within budget.
450 – Parks Capital
Supporting Documentation:
Resolution
Quote
Design
Agreement
RESOLUTION 25-063
RESOLUTION TO APPROVE THE
RENOVATION OF THE DWIGGINS-MEDARY SKATEPARK
WHEREAS, the City of Brookings has determined a need to renovate the Dwiggins-
Medary Skatepark; and
WHEREAS, the City has budgeted funds to renovate the Dwiggins-Medary Skatepark;
and
WHEREAS, the City will enter into a contract with American Ramp Company of Joplin,
MO, for the amount of $315,000.00.
NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby authorizes
the approval to renovate the Dwiggins-Medary Skatepark.
Passed and Approved this 22nd day of July, 2025.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
601 S. McKinley Ave
Joplin, MO 64801
Toll-free: 800-RAMP-778
Local: 417-206-6816
Fax: 417-206-6888
sales@americanrampcompany.com
Quote # Design # Customer Date Designer
Q28948.0 9174 City of Brookings 04-17-25 Julia Brueckler
Engineer’s Estimate: $315,000
Notes:
• Quote is good for 30 days.
• Please assume a 10% escalation of the Engineer's Cost Estimate per calendar year.
• Includes 2% excise tax.
SCOPE OF WORK
1.1 INCLUDES:
• All labor, construction project management, supplies, tools, materials, and equipment required per scope of
work
• Site staking and layout
• Cutting and shaping grades within skatepark footprint
• Installation of rebar
• Install and finish shotcrete
• Concrete flatwork
• Concrete ledges, steps, and turndown walls
• Expansion joints, saw cuts and cold joints
• Coping, edgings, rails
• Park sealing
• Rough Grading
• Fine grading
1.2 EXCLUDES*:
• Prevailing wage
• Sales tax
• Erosion and sediment control
• Stabilized construction entrance
• Landscaping, site and turf restoration post skatepark construction
• Sidewalks/walkways and site amenities of any kind
• Shade Structure
• Refurbishment of existing Halfpipe
• Mass excavation or import
• Construction drawings
• Permits, fees and/or engineering and stamping.
• Utility, mechanical, electrical, plumbing work, relocation, or repairs of any kind.
• Toxic or hazardous material handling or removal.
• Removal and/or replanting of any trees or shrubs or protection of trees and shrubs.
• Refurbishment of existing Miniramp.
1.3 CUSTOMER PROVIDES*:
• Geotechnical Report –If this requirement is waived, assumption is that the site is suitable to build as -is. A
change order will be issues for any unforeseen costs that may occur if this is not the case at a cost plus 25%
• Survey and Mapping – The Client shall provide ARC with a current survey locating all above and belowground
utilities, appurtenances, structures, and easements. The survey shall be in digital format that can easily be
used with AutoCAD software.
• Sufficient water and electrical power within 100 feet of work areas.
• Unobstructed, safe, and continuous access to work area with heavy equipment. All weather roads for heavy
equipment.
• All necessary site information including topography, site surveying, and elevations.
*All items above can be provided for an additional fee.
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
9174 - SD, BROOKINGS
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
AMERICANRAMPCOMPANY.COM
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
AMERICAN RAMP COMPANY
SOURCEWELL BUILD AGREEMENT
THIS AGREEMENT is dated the 2nd day of June, 2025, by and between the City of Brookings
(hereinafter called “OWNER”), whose principal office is located at 520 3rd St., Suite 230,
Brookings, SD 57006, and American Ramp Company (hereinafter called “CONTRACTOR”),
whose principal office is located at 601 S. McKinley Avenue, Joplin, MO 64801.
PROJECT NAME: Brookings Skatepark
LOCATION: 700 Elm Ave., Brookings, SD 57006
W I T N E S S E T H:
For value received, CONTRACTOR and OWNER agree as follows:
ARTICLE 1
DESCRIPTION OF WORK
1.1 The CONTRACTOR hereby covenants and agrees with the OWNER that he will well and
faithfully construct the project in accordance with each and every one of the conditions,
covenants, stipulations, terms and provisions contained in the specifications, drawings, and
general conditions relating to the project, and will well and faithfully comply with and perform
each and every obligation imposed upon him by said documents.
1.2 CONSTRUCTION: CONTRACTOR agrees to all Exhibits referenced below, which are hereby
incorporated and deemed a part of this Agreement:
ARTICLE 2
CONTRACT AMOUNT
2.1 OWNER agrees to pay CONTRACTOR the sum of THREE HUNDRED FIFTEEN
THOUSAND DOLLARS AND 00/100 ($315,000.00), inclusive of 2% Excise Tax and subject
to additions and deductions for changes as may be agreed upon in writing.
2.2 All portions of this contract will be billed in progress billings based on completed
milestones as outlined below. All payments are due in full within 30 days of receipt of invoice
from CONTRACTOR.
50% upon Signing
25% upon Mobilization
25% upon Completion
2.3 Execution of any Attachments and/or Add Alternates will be bound by all terms and
conditions of this Agreement. If any changes are determined necessary, CONTRACTOR will issue
a change request to the OWNER for approval prior to performing work.
Exhibit A – Design #9174, Quote, and Scope of Work
Exhibit B – CONTRACTOR’s Sourcewell Contract #112420-ARC
2.4 “Completion of the Project” shall be deemed the earlier of 1.) the date OWNER executes
CONTRACTOR’s punch-list/sign-off sheet or 2.) the date the OWNER opens the Project to the
public for permanent use.
2.5 All pricing of the elements is to be in line with CONTRACTOR’s Sourcewell Contract
#112420-ARC, attached hereto as Exhibit B.
ARTICLE 3
INSURANCE AND INDEMNITY
3.1 CONTRACTOR shall maintain the minimum insurance and coverage throughout this term
per the requirements outlined in CONTRACTOR’s Sourcewell Contract #112420-ARC, attached
hereto as Exhibit B.
3.2 CONTRACTOR agrees to indemnify and hold harmless OWNER from any and all claims,
loss, or expense of every kind whatsoever which may arise from CONTRACTOR’s negligent acts
or omissions or breach of its obligations hereunder. OWNER agrees to indemnify and hold
harmless CONTRACTOR from any and all claims, loss, or expense of every kind whatsoever which
may arise from OWNER’s negligent acts or omissions or breach of its obligations hereunder.
ARTICLE 4
CONTRACTOR AND OWNER RESPONSIBILITIES
4.1 No variation of this Agreement will be recognized unless such change has been approved
in writing.
4.2 CONTRACTOR may assign, transfer, or subcontract any portion of this Agreement without
the written consent of OWNER.
4.3 CONTRACTOR will in no way be liable for delays in the completion of the Project which
are reasonably beyond the control of CONTRACTOR, including but not limited to: Acts of God,
labor strikes, shortage of materials, shipping delays or actions attributable to the OWNER.
4.4 After the final inspection and completion of the Project, all repair/replacement issues
regarding the Project and the materials shall be determined under the terms set forth in
CONTRACTOR’s standard warranty.
4.5 Before, during and after construction, OWNER is responsible for securing the job site.
OWNER is responsible for barricading the premises and warning persons of the dangers at the
jobsite. Under no circumstances may the park be used until final completion of the project.
CONTRACTOR will not be held liable for and OWNER shall hold CONTRACTOR harmless from any
accidents that occur because features were used before the project was complete.
4.6 Both during construction and after completion, CONTRACTOR shall not be held liable for
damages beyond its control including but not limited to: noise generated from the Project, before
and after final completion, not including construction related noise, location choice, graffiti,
injuries, additional expenses incurred by OWNER, zoning issues, etc.
4.7 Building permits and other local licenses that are required for the Project are the sole
responsibility of the OWNER. If CONTRACTOR is required to purchase these licenses, such costs
will be billed to the OWNER and added to the contract price hereunder.
4.8 All materials and workmanship are to conform to the contract drawings, details and
specifications.
ARTICLE 5
MISCELLANEOUS
5.1 The persons signing this Agreement warrant that they are duly authorized to sign on
behalf of their respective parties and to bind their respective parties hereto. This Agreement shall
inure to the benefit of and be binding upon the undersigned parties and their respective heirs,
executors, legal representatives, successors and assigns. No waiver of any provision of this
Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party making the waiver. If any provision of this Agreement is held to
be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect.
5.2 The parties shall endeavor to resolve their Claims by mediation. Request for mediation
shall be filed, in writing, with the other party to the Contract. The request may be made
concurrently with the submission of such Claim to a court of competent jurisdiction, as provided
in the paragraph below, but, in such event, mediation shall proceed in advance of such legal
proceedings, which shall be stayed pending mediation for a period of 60 days from the date of
submission, unless stayed for a longer period by Agreement of the parties or court order.
5.3 Claims, disputes or other matters in question between the parties arising out of or relating
to this Contract and which cannot be resolved by mediation, as provided in above paragraph,
shall be governed by South Dakota law and shall be determined exclusively in the Courts of
Brookings County without regard to its conflicts of law provisions. The prevailing party shall be
entitled in any such action to recover its reasonable attorney’s fees and legal expenses from the
other party.
5.4 This AGREEMENT constitutes the entire Agreement between the parties pertaining to its
subject matter, and it supersedes all prior contemporaneous Agreements, representations, and
understandings of the parties. No supplement, modification, or amendment of this Agreement
shall be binding unless executed in writing by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become
effective the day and year last recorded below.
City of Brookings
Owner
______________________________________
Authorized Signature
______________________________________
Name Print / Title
_________________________
Date
American Ramp Company
Contractor
______________________________________
Authorized Signature
John Hunter, CEO
Name Print / Title
_________________________
Date
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
EXHIBIT A
9174 - SD, BROOKINGS
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
AMERICANRAMPCOMPANY.COM
AMERICANRAMPCOMPANY.COM
9174 - SD, BROOKINGS
601 S. McKinley Ave
Joplin, MO 64801
Toll-free: 800-RAMP-778
Local: 417-206-6816
Fax: 417-206-6888
sales@americanrampcompany.com
Quote # Design # Customer Date Designer
Q28948.0 9174 City of Brookings 04-17-25 Julia Brueckler
Engineer’s Estimate: $315,000
Notes:
•Quote is good for 30 days.
•Please assume a 10% escalation of the Engineer's Cost Estimate per calendar year.
•Includes 2% excise tax.
SCOPE OF WORK
1.1 INCLUDES:
•All labor, construction project management, supplies, tools, materials, and equipment required per scope of
work
•Site staking and layout
•Cutting and shaping grades within skatepark footprint
•Installation of rebar
•Install and finish shotcrete
•Concrete flatwork
•Concrete ledges, steps, and turndown walls
•Expansion joints, saw cuts and cold joints
•Coping, edgings, rails
•Park sealing
•Rough Grading
•Fine grading
1.2 EXCLUDES*:
•Prevailing wage
•Sales tax
•Erosion and sediment control
•Stabilized construction entrance
•Landscaping, site and turf restoration post skatepark construction
•Sidewalks/walkways and site amenities of any kind
•Shade Structure
•Refurbishment of existing Halfpipe
•Mass excavation or import
•Construction drawings
•Permits, fees and/or engineering and stamping.
•Utility, mechanical, electrical, plumbing work, relocation, or repairs of any kind.
•Toxic or hazardous material handling or removal.
•Removal and/or replanting of any trees or shrubs or protection of trees and shrubs.
•Refurbishment of existing Miniramp.
1.3 CUSTOMER PROVIDES*:
•Geotechnical Report –If this requirement is waived, assumption is that the site is suitable to build as-is. A
change order will be issues for any unforeseen costs that may occur if this is not the case at a cost plus 25%
•Survey and Mapping – The Client shall provide ARC with a current survey locating all above and belowground
utilities, appurtenances, structures, and easements. The survey shall be in digital format that can easily be
used with AutoCAD software.
•Sufficient water and electrical power within 100 feet of work areas.
•Unobstructed, safe, and continuous access to work area with heavy equipment. All weather roads for heavy
equipment.
•All necessary site information including topography, site surveying, and elevations.
*All items above can be provided for an additional fee.
112420-ARC
Rev. 10/2020 1
Solicitation Number: #112420
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and American Ramp Company, Inc., 601 S. McKinley Avenue, Joplin, MO
64801 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Skatepark, Bike Park, and Pump Track Solutions with
Related Equipment, Accessories, and Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts
(Participating Entities).
1.TERM OF CONTRACT
A.EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B.EXPIRATION DATE AND EXTENSION. This Contract expires December 28, 2024, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C.SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this
Contract.
2.EQUIPMENT, PRODUCTS, OR SERVICES
A.EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
EXHIBIT B
112420-ARC
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and
distributors must agree to assist the Participating Entity in reaching a resolution in any dispute
over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past
the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time-to-time and is incorporated into this Contract by
reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
112420-ARC
Rev. 10/2020 3
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
x Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
x Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
112420-ARC
Rev. 10/2020 4
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government-
owned facilities, including schools. Vendor’s employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
112420-ARC
Rev. 10/2020 5
Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and
x Business reviews to Sourcewell and Participating Entities, if applicable.
112420-ARC
Rev. 10/2020 6
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department);
x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above “Attn: Accounts Receivable” or remitted electronically to
Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
112420-ARC
Rev. 10/2020 7
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
112420-ARC
Rev. 10/2020 8
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys’ fees,
arising out of the performance of this Contract by the Vendor or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Vendor’s Trademarks in advertising and promotional materials for the
purpose of marketing Vendor’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively “Permitted Sublicensees”) in advertising and
promotional materials for the purpose of marketing the Parties’ relationship to Participating
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
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3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by
Vendor and must comply with Vendor’s removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by
Sourcewell and must comply with Sourcewell’s removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s Trademarks only in good faith and in a dignified manner consistent
with such party’s use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor
will maintain insurance covering all owned, hired, and non-owned automobiles in limits
of liability not less than indicated below. The coverage must be subject to terms no less
broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella
coverage over Workers’ Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional
Liability. During the term of this Contract, Vendor will maintain coverage for all claims
the Vendor may become legally obligated to pay resulting from any actual or alleged
negligent act, error, or omission related to Vendor’s professional services required
under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract,
Vendor will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Vendor’s
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data – including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor’s commercial
112420-ARC
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general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor’s Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
112420-ARC
Rev. 10/2020 15
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
112420-ARC
Rev. 10/2020 16
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor’s personnel for the purpose of interview
and discussion relating to such documents.
112420-ARC
Rev. 10/2020 17
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell American Ramp Company, Inc.
By: __________________________ By: __________________________
Jeremy Schwartz Heather Ogden
Title: Director of Operations &
Procurement/CPO
Title: Senior Project Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC
Rev. 7/2022 1
CONTRACT EXTENSION
Contract Number:
Sourcewell and
202 12th Street Northeast
P.O. Box 219
Staples, MN 56479
(Sourcewell) (Vendor)
have entered into Contract Number: 110719-
for the procurement of:
The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual
consent.
Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and
Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional
period, with a new Contract expiration date of Dece mber , . All other terms and conditions of the Contract
remain in full force and effect.
Sourcewell
________________________________
Authorized Signature
________________________________
Name
________________________________
Title
________________________________
Date
________________________________
Authorized Signature
________________________________
Name
________________________________
Title
________________________________
Date
DocuSign Envelope ID: 280B1D31-B58D-4907-B729-DBF227B3C00A
Chief Operating and Procurement Officer
3/29/2024 | 8:47 AM CDT
601 S McKinley Ave
2024-12-29
2025-12-29
Joplin, Missouri
American Ramp Company
112420-ARC
64801-3220
Skatepark, Bike Park, and Pump Track Solutions with Related Equipment,
Accessories, and Services
Jeremy Schwartz
112420-ARC
Heather Ogden
4/1/2024 | 7:49 AM PDT
Senior Project Manager
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 25-066,Version:2
Action on Resolution 25-066, a Resolution declaring surplus property for the City of Brookings.
Summary and Recommended Action:
Staff recommends approval of the proposed resolution declaring surplus property.
Attachments:
Memo
Resolution
City of Brookings Printed on 7/18/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: July 22, 2025
Subject: Resolution 25-066: declaring surplus property
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution declaring surplus property.
Item Details:
According to State Statute Chapter 6-13, the governing body of the City of Brookings
allows the following property, to be declared as surplus property:
Library: Green Display Table (damaged), Train Table, Coat Rack, Rotating Display, #
Wood Bookshelves and Gray Display Cart.
Fire Department: 45 -Scott SCBA, 90 - Scott SCBA Air Cylinders, 3 - Scott RIT Packs,
4 - Scott Confined Space SCBA, Misc. Truck Parts (Damaged), Misc. Equipment Parts
(Damaged), 4 - Havis Toughbook Vehicle Mounts, Misc. Radios & Radio Parts
(Damaged), 2 - Four Gas Meters, 3 – 4’ Recessed Troffer Light Fixture, 2 – ISI Metal
Frame SCBA (Past Useful Life), ISG Thermal Camera & Truck Charger (Damaged), 4 –
Streamlight Boxlights & Chargers (Damaged).
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.
Financial Consideration:
Revenues generated from the sale of surplus property, will be placed in the City’s
General Fund.
Supporting Documentation:
Resolution
RESOLUTION 25-066
DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Library: Green Display Table, Train Table, Coat Rack, Rotating Display, 3
Wooden Bookshelves and Gray Display Cart.
Fire Department: 45 – Scott SCBA, 90 – Scott SCBA Air Cylinders, 3 – Scott RIT
Packs, 4 – Scott Confined Space SCBA, Misc. Truck Parts (Damaged), Misc.
Equipment Parts (Damaged), 4 – Havis Toughbook Vehicle Mounts, Misc.
Radios & Radio Parts (Damaged), 2 – Four Gas Meters, 3 – 4’ Recessed Troffer
Light Fixture, 2 – ISI Metal Frame SCBA (Past Useful Life), ISG Thermal Camera
& Truck Charger (Damaged), 4 – Streamlight Boxlights & Chargers (Damaged.)
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.
Passed and Approved this 22nd day of July, 2025.
CITY OF BROOKINGS, SD
____________________________
ATTEST: Oepke G. Niemeyer, Mayor
___________________________
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 25-0340,Version:1
Proclamation: McCrory Gardens Day
Summary:
Mayor Niemeyer will present a Proclamation recognizing McCrory Gardens Day for the 60th
Anniversary of McCrory Gardens. The following individuals may be present to accept the
proclamation: Lisa Marotz, Director, Dr. David Graper, Dr. Peter Schaefer, Martin Maca, Christopher
Schlenker, and Dr. Ron Peterson.
Attachments:
Proclamation
City of Brookings Printed on 7/18/2025Page 1 of 1
powered by Legistar™
MAYORAL PROCLAMATION
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS, McCrory Gardens has been a beloved treasure in Brookings
since its founding in 1965, serving as a public garden, educational
resource, and place of beauty for residents and visitors; and
WHEREAS, the land on which McCrory Gardens grows is part of the
ancestral and contemporary homelands of the Oceti Sakowin—the
Dakota, Lakota, and Nakota people—who have long nurtured a deep
relationship with this land, its plants, and its rhythms; and
WHEREAS, the Gardens stand to honor Samuel A. McCrory and as a living
legacy Dr. Ronald M. Peterson, generations of visionaries, horticulturists,
educators, students, and volunteers who have stewarded its growth with
care and creativity; and
WHEREAS, McCrory Gardens continues to partner with South Dakota State
University, SDSU Extension, Tribal and community leaders, and visitors
of all backgrounds to preserve the cultural, ecological, and agricultural
heritage of South Dakota; and
WHEREAS, the year 2025 marks the 60th anniversary of McCrory
Gardens—an occasion worthy of recognition and celebration.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor
of the City of Brookings, do hereby proclaim August 1, 2025, as
MCCRORY GARDENS DAY
IN WITNESS WHEREOF, I have hereunto set my hand,
and caused to be affixed the Great Seal of the City of
Brookings, this 22nd day of July, 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 25-0341,Version:1
Proclamation: Americans with Disabilities Act 35th Anniversary Day
Summary:
Mayor Niemeyer will present a Proclamation recognizing the 35th Anniversary of the Americans with
Disabilities Act. The following individuals may be present to accept the proclamation: Mark
Sternhagen and Maureen Simet.
Attachments:
Proclamation
City of Brookings Printed on 7/21/2025Page 1 of 1
powered by Legistar™
Mayoral Proclamation
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS, the Americans with Disabilities Act (ADA) was passed on July
26, 1990, as the first comprehensive declaration of equality for people
with disabilities and protects rights in all aspects of employment, in
accessing public services, and guaranteeing access to private
establishments; and
WHEREAS, the goals of the community aligns with providing people with
disabilities with the opportunities and support to achieve full
integration and inclusion in society, in an individualized manner; and
WHEREAS, disability is a natural part of the human experience that does not
diminish the right to enjoy the opportunity to live independently, enjoy self-
determination, make choices, contribute to society, and experience full
integration and inclusion with necessary services and supports.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the
City of Brookings, do hereby proclaim July 26, 2025 as:
AMERICANS WITH DISABILITIES ACT 35TH ANNIVERSARY DAY
And call upon the people of Brookings to:
1. Recognize and celebrate the progress that has been made by reaffirming the
principals of equality and inclusion and recommitting our efforts to reach
full ADA compliance for people with disabilities in the City of Brookings.
2. Continue advocating for full inclusion and equity of individuals with
disabilities in all aspects of society.
IN WITNESS WHEREOF, I have hereunto set my hand,
and caused to be affixed the Great Seal of the City of
Brookings, this 22rd day of July, 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 #:RES 25-069,Version:1
Public Hearing and Action on Resolution 25-069, a Resolution Authorizing Purchase of Real Estate
for Parking Lot.
Summary and Recommended Action:
The proposed Resolution is presented to the City Council to authorize the purchase of land at 214
Front Street. The site was formerly the Dakota Service and Repair. The property will be developed
into a public parking lot to support downtown commerce and redevelopment efforts. Council
approval will initiate the acquisition for $1,250,000 for purchase of the land, plus title work, closing
cost and real estate commission for a total cost of $1,317,305. A separate budget amendment is
presented, allocating the necessary funds from the City Council Financial Policy Fund.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 7/21/2025Page 1 of 1
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City Council Agenda Item Memo
From: Paul Briseno, City Manager
Council Meeting: July 22, 2025
Subject: Resolution 25-069: Purchase Land for Parking Lot
Presenter: Paul Briseno, City Manager
Summary and Recommended Action:
The proposed Resolution is presented to the City Council to authorize the purchase of
land at 214 Front Street. The site was formerly the Dakota Service and Repair. The
property will be developed into a public parking lot to support downtown commerce and
redevelopment efforts. Council approval will initiate the acquisition for $1,250,000 for
the land, plus title work, closing cost and real estate commission for a total cost of
$1,317,305. A separate budget amendment is presented, allocating the necessary
funds from the City Council Financial Policy Fund. Staff recommends approval.
Item Details:
The proposed land acquisition at 214 Front Street is a strategic investment for
downtown parking. Additional parking will assist with future growth as redevelopment
projects emerge within the downtown.
The total purchase price for the parcel is $1,250,000 for the land, plus title work, closing
cost and real estate commission for a total cost of $1,317,305 . A separate budget
amendment will allocate appropriate reserves from the City Council Financial Policy
Fund to complete the transaction.
While this initial action focuses solely on land acquisition, future phases may include
site remediation, demolition of existing structures, and construction of a paved parking
surface with appropriate lighting, drainage, and landscaping. These improvements will
be proposed in the future for City Council review and approval.
Legal Consideration:
The City Attorney has reviewed the purchase agreement for legal sufficiency and
compliance with state laws. The resolution accompanying this memo has been
prepared accordingly for City Council consideration.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
Funds for this acquisition will be drawn from the City Council Financial Policy Fund,
which currently has adequate reserves to cover the cost. This expenditure aligns with
the fund’s purpose of supporting strategic, one-time investments.
Supporting Documentation:
Resolution
Location Map
RESOLUTION 25-069
RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR THE
PURPOSES OF DOWNTOWN PARKING; AUTHORIZING THE EXPENDITURE OF
FUNDS FOR THE PURCHASE OF THE REAL PROPERTY, AND AUTHORIZING THE
DOCUMENTS TO EFFECTUATE THE TERMS AND INTENT OF THIS RESOLUTION
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the
“City”), as follows:
WHEREAS, the City is authorized to acquire real property pursuant to SDCL §§ 9-12-
1(2) and 9-51-1; and
WHEREAS, the City has determined additional parking is necessary to facilitate
commerce, downtown redevelopment efforts, and economic growth, and it is necessary
and desirable to acquire the following real property (the “Property”):
Lot 3, Railroad Additions to the City of Brookings, County of Brookings,
State of South Dakota;
Lot 2, Railroad Additions to the City of Brookings, County of Brookings,
State of South Dakota;
Lot 1, Railroad Additions to the City of Brookings, County of Brookings,
State of South Dakota;
Lots A, B, and C of Railroad Additions to the City of Brookings, County of
Brookings, State of South Dakota; and
WHEREAS, the Property described herein is being acquired by the City for purposes of
increasing parking availability in Downtown Brookings; and
WHEREAS, the total cost of the Property purchase will not exceed the cash sum
$1,317,305, which includes $1,250,000 for the property purchase plus $4,805 for title
work/closing cost and $62,500 in real estate commission; and
WHEREAS, the City intends to complete the transaction described herein, following a
due diligence investigation, and will be completed pursuant to terms, agreements and
documents consistent with this Resolution, together with such other documents
necessary to effectuate the terms and intent of this Resolution ; and
WHEREAS, the funds necessary for the purchase of the Property are available in the
City Council Financial Policy Fund; and
4898-2182-1781, v. 1
NOW, THEREFORE BE IT RESOLVED that
1. The real estate transactions set forth herein are hereby authorized; and
2. The Mayor, City Manager, City Clerk, and City Attorney are hereby authorized
to execute on behalf of the City the documents required to complete the
transactions described herein, consistent with the terms of this Resolution in a
manner satisfactory to the City Manager.
Dated and Approved this 22nd day of July, 2025.
CITY OF BROOKINGS, SD
______________________________
Oepke G. Niemeyer, Mayor
AT TEST:
________________________________
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 #:ORD 25-027,Version:1
Introduction and First Reading on Ordinance 25-027, an Ordinance Authorizing Budget Amendment
No. 5 to the 2025 Budget. Second Reading and Action: August 12, 2025.
Summary and Recommended Action:
Staff recommends approval of this budget amendment to appropriate $1,300,000 from Unassigned
General Fund Reserves for the acquisition of property in downtown Brookings to be used for future
public parking. The funding will support appraisal services, environmental review, land acquisition,
and associated closing costs. This initiative aligns with the City’s strategic priority to promote
economic growth and ensure accessible infrastructure to support continued downtown development.
Attachments:
Memo
Ordinance
City of Brookings Printed on 7/18/2025Page 1 of 1
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City Council Agenda Item Memo
From: Paul, Briseno, City Manager
Ashley Rentsch, Finance Director
Council Meeting: July 22, 2025
Subject: Ordinance 25-027: 2025 Budget Amendment No. 5
Presenter: Paul Briseno, City Manager
Summary and Recommended Action:
Staff recommends approval of this budget amendment to appropriate $1,300,000 from
Unassigned General Fund Reserves for the acquisition of property in downtown
Brookings to be used for future public parking. The funding will support appraisal
services, environmental review, land acquisition, and associated closing costs. This
initiative aligns with the City’s strategic priority to promote economic growth and ensure
accessible infrastructure to support continued downtown development.
Item Details:
As part of the City of Brookings’ commitment to fostering downtown development, staff
have identified the opportunity to acquire land for a public parking lot. Adequate and
convenient parking is a critical element in supporting downtown businesses, events, and
long-term growth.
This budget amendment will fund the following elements of the acquisition process:
Property Appraisal
Environmental Study
Land Purchase
Legal and Real Estate Closing Costs
Investing in this property will position the City for intentional future development and
ensure parking infrastructure.
Legal Consideration:
Under SDCL 9-21-7, supplemental appropriations are permissible when sufficient fund
balances exist and when appropriation is necessary to fulfill unanticipated yet essential
expenditures. This amendment is compliant with state law and City financial policy.
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.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
This ordinance increases the General Fund expenditure budget by $1,300,000 to be
funded from Unassigned General Fund Reserves, also known as the City Council
Financial Policy Projects Fund.
Supporting Documentation:
Ordinance
ORDINANCE 25-027
AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 5
TO THE 2025 BUDGET
BE IT ORDAINED by the City of Brookings, South Dakota:
WHEREAS, State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit
supplemental appropriations provided there are sufficient funds and revenues available
to pay the appropriation when it comes due.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager be
authorized to make the following budget adjustments to the 2025 Budget:
Fund/Dept. Budgetary Account Account
Description
Budget Increase
Amount
General Fund/Subsidies 101-495-5-856-68 Other $1,300,000
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: July 22, 2025
SECOND READING:
PUBLISHED:
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 #:ORD 25-024,Version:1
Introduction and First Reading on Ordinance 25-024, an Ordinance Establishing a Citizen’s Request
for Reconsideration Policy Appeal Process. Second Reading and Action: July 22, 2025.
Summary and Recommended Action:
Staff recommends approval of the proposed Ordinance establishing a City Council Citizen’s Request
for Reconsideration Policy Appeal Process for the Brookings Public Library.
Attachments:
Memo
Ordinance
Policy
State Law
City of Brookings Printed on 7/18/2025Page 1 of 1
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City Council Agenda Item Memo
From: Ashia Gustafson, Director of Library Services
Council Meeting: July 8, 2025
Subject: Ordinance 25-024: Citizen’s Request for Reconsideration
Policy Appeal Process
Presenter: Ashia Gustafson, Director of Library Services
Summary and Recommended Action:
Staff recommends that the proposed Ordinance establishing a Policy Appeal Process
be approved by the City Council for the Brookings Public Library Request for
Reconsideration.
Item Details:
According to SD Codified Law 22-24-56, the Public Library must establish a policy
allowing the request for reconsideration to be appealed to the governing body to
determine whether any matter or material is obscene. The City Council, as the
governing body of the Library Board of Trustees, specified in SD Codified Law 14 -2-27,
and therefore needs to adopt a resolution.
The Brookings Public Library has updated its policy for reconsidering materials and
displays to include a clear, step-by-step process for complaints, beginning with library
staff and escalating to the Library Board of Trustees. A key change now allows a
resident to appeal to the Brookings City Council if they believe a material is obscene
under SDCL § 22-24-27 and are unsatisfied with the Library Board’s decision. This step
must comply with state law (SDCL § 22-24-56), which mandates that all administrative
remedies, including City Council review, must be exhausted before a complainant can
seek judicial review.
Legal Consideration:
City Attorney has reviewed the Ordinance.
Strategic Plan Consideration:
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 Redline
Final Ordinance
State Law 22-24-56
ORDINANCE 25-024
AN ORDINANCE ESTABLISHING CITIZEN’S REQUEST FOR RECONSIDERATION
POLICY APPEAL PROCESS
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, as follows:
I.
Chapter 54, Article II. Public Library Board of Trustees
That Section 54-33 is hereby adopted as follows:
Section 54-33. – Appeal to City Council
The public library board of trustees shall develop and implement a policy that
establishes measures to restrict minors from accessing obscene matter or materials.
City council shall hear an appeal to determine whether any matter or material is
obscene. Any determination made by the city council as to whether any matter or
material is obscene is subject to judicial review in a court of competent jurisdiction.
State Law reference - Public library - Duty to limit minor’s access to obscene materials, SDCL 22-24-
56.
II.
Any or all Ordinances in conflict herewith are hereby repealed.
FIRST READING: July 22, 2025
SECOND READING: August 12, 2025
PUBLISHED: August 15, 2025
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
1 | P a g e
Brookings Public
Library
Policy:
Title:
Citizen’s Request for Review of Materials and
Displays Policy and Procedure
Issue Date:
October 2021
Updated:
April 2023July 2025
Section:
Brookings Public Library
Policy Source:
Director of Library Services
Policy Audience:
Brookings Public Library
Staff and Patrons
Total Pages:
2
I. PURPOSE
To establish a written policy in regard to citizens request for review of materials
and displays.
II. POLICY
As in handling any type of complaint about library operations, a courteous and calm
approach is essential. Above all, the complainants must know that their objections will
be given serious consideration and that their interest in the library is welcome.
III. DEFINITIONS
A. Review: to go over; to look at, or look over again
IV. ADMINISTRATION
A. All requests to review materials must be on the written form that the
Library provides.
• Only one item of the materials may be included on each
form.
• Only requests submitted by individuals with active
Brookings Public Library cards will be considered.
• On the form the complainant must demonstrate that they
have thoroughly reviewed the material and industry critics.
B. As soon as the complaint has been filed, the Director of Library Services
should review the objections. Simultaneous with the review, the Director
should routinely notify the Library Board that a formal complaint has been
made.
C. The staff person in charge of the collection (Adult Services Librarian,
Technology Services Librarian, Young Adult Services Coordinator, or
Children’s Services Coordinator) will evaluate the reasons for the
purchase. The objections should be considered both in terms of the
Library’s materials selection policy and the opinions of the various
reviewing sources used in materials selection. The Director and staff
2 | P a g e
member will further evaluate the material.
D. The objections and the response by the Library Staff will be given to the
Library Director. The Director will review the response and add their own
comments. At this point either the ordering Librarian or the Director will
make a written response to the complainant. The Library Staff will
endeavor to respond within thirty (30) working days of receipt of the
complaint.
E. If the complainant is not satisfied with the decision, the Director of Library
Services can serve as the person to whom an initial appeal is made. The
Director should contact the complainant explaining the decision of the
Library and advising the complainant that further discussions are
welcome.
F. If the complainant still feels that their objections have been dealt with
inadequately, the complainant can make an appeal to the Library Board of
Trustees. The Library Board of Trustees will evaluate the request and
make a decision within 60 working days.
G. If the complainant disagrees with the decision of the Library Board of
Trustees and believes the matter or material is obscene, as defined by
SDCL § 22-24-27, the complainant may appeal the decision of the Library
Board to the Brookings City Council.
H. The complainant may appeal a decision of the Brookings City Council to a
court of competent jurisdiction for judicial review pursuant to SDCL § 22-
24-56.
F. If the complainant still feels that their objections have been dealt with
inadequately, the complainant can make a final appeal to the Library
Board of Trustees. The Library Board will in turn decide upon an
appropriate course of action.
G.I. Priority may be given to review requests from individuals who have not
previously submitted a review request.
H.J. Requests for review of materials, or groups of identical or similar requests,
may be collectively considered and a joint response issued. Review
materials may be used from previous reviews if applicable.
I.K. A Person may not have more than three (3) reviews active at one time.
Formatted: Font: 12 pt
3 | P a g e
(Adapted from the Intellectual Freedom Manual, published by the American Library Association, Office of Intellectual Freedom,
2010.)
Brookings Public
Library
Policy:
Title:
Citizen’s Request for Review of Materials and
Displays Policy and Procedure
Issue Date:
October 2021
Updated:
July 2025
Section:
Brookings Public Library
Policy Source:
Director of Library Services
Policy Audience:
Brookings Public Library
Staff and Patrons
Total Pages:
2
I. PURPOSE
To establish a written policy in regard to citizens request for review of materials
and displays.
II. POLICY
As in handling any type of complaint about library operations, a courteous and calm
approach is essential. Above all, the complainants must know that their objections will
be given serious consideration and that their interest in the library is welcome.
III. DEFINITIONS
A. Review: to go over; to look at, or look over again
IV. ADMINISTRATION
A. All requests to review materials must be on the written form that the
Library provides.
a. Only one item of the materials may be included on each
form.
b. Only requests submitted by individuals with active
Brookings Public Library cards will be considered.
c. On the form the complainant must demonstrate that they
have thoroughly reviewed the material and industry critics.
B. As soon as the complaint has been filed, the Director of Library Services
should review the objections. Simultaneous with the review, the Director
should routinely notify the Library Board that a formal complaint has been
made.
C. The staff person in charge of the collection (Adult Services Librarian,
Technology Services Librarian, Young Adult Services Coordinator, or
Children’s Services Coordinator) will evaluate the reasons for the
purchase. The objections should be considered both in terms of the
Library’s materials selection policy and the opinions of the various
reviewing sources used in materials selection. The Director and staff
2 | Page
member will further evaluate the material.
D. The objections and the response by the Library Staff will be given to the
Library Director. The Director will review the response and add their own
comments. At this point either the ordering Librarian or the Director will
make a written response to the complainant. The Library Staff will
endeavor to respond within thirty (30) working days of receipt of the
complaint.
E. If the complainant is not satisfied with the decision, the Director of Library
Services can serve as the person to whom an initial appeal is made. The
Director should contact the complainant explaining the decision of the
Library and advising the complainant that further discussions are
welcome.
F. If the complainant still feels that their objections have been dealt with
inadequately, the complainant can make an appeal to the Library Board of
Trustees. The Library Board of Trustees will evaluate the request and
make a decision within 60 working days.
G. If the complainant disagrees with the decision of the Library Board of
Trustees and believes the matter or material is obscene, as defined by
SDCL § 22-24-27, the complainant may appeal the decision of the Library
Board to the Brookings City Council.
H. The complainant may appeal a decision of the Brookings City Council to a
court of competent jurisdiction for judicial review pursuant to SDCL § 22-
24-56.
I. Priority may be given to review requests from individuals who have not
previously submitted a review request.
J. Requests for review of materials, or groups of identical or similar requests,
may be collectively considered and a joint response issued. Review
materials may be used from previous reviews if applicable.
K. A Person may not have more than three (3) reviews active at one time.
(Adapted from the Intellectual Freedom Manual, published by the American Library Association, Office of Intellectual Freedom,
2010.)
SDCL 22-24-56. Public library--Duty to limit minor’s access to obscene materials--
Policy required--Publication--Appeal.
Each public library in the state shall:
(1) Equip each public access computer with software that will limit minors' ability to
gain access to obscene matter or material, as defined by § 22-24-27, or
purchase internet connectivity from an internet service provider that provides
filter services to limit access to obscene material; and
(2) Develop and implement, by January 1, 2025, a local policy that establishes
measures to restrict minors from accessing obscene matter or materials. The
policy must allow for an individual to appeal to the governing body of the
public library, as defined in § 14-2-27, to determine whether any matter or
material is obscene. Any determination made by the governing body as to
whether any matter or material is obscene is subject to judicial review in a
court of competent jurisdiction. The public library shall:
(a) Publish the policy on the official website of the political subdivision that
maintains the library; or
(b) Publish the policy annually in a legal newspaper designated by the
governing body of the political subdivision that maintains the library
pursuant to § 7-18-3 or 9-12-6.
Source: SL 1999, ch 76, § 2; SL 2024, ch 86, § 2; SL 2025, ch 96, § 2.
SDCL 22-24-27. Definition of terms.
Terms used in §§ 22-24-25 to 22-24-37, inclusive, and §§ 22-24-69 to 22-24-73,
inclusive, mean:
(1) "Contemporary community standard," the contemporary community standard of
the state in which the question of obscenity is to be tested, by the average
person, of the state;
(2) "Covered platform," a website for which it is in the regular course of the
website's trade or business to create, host, or make available material that is
harmful to minors;
(3) "Distributed," to transfer possession of, whe ther with or without consideration;
(4) "Exhibit," to show or display;
(5) "Harmful to minors," includes in its meaning the quality of any material or of any
performance or of any description or representation, in whatever form, of
nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, if it:
(a) Predominantly appeals to the prurient, shameful, or morbid interest of
minors;
(b) Is patently offensive to prevailing standards in the adult community as a
whole with respect to what is suitable material for minors; and
(c) Is without serious literary, artistic, political, or scientific value;
(6) "Magistrate," any circuit court or magistrate judge;
(7) "Material," anything tangible that is harmful to minors, whether derived thro ugh
the medium of reading, observation, or sound;
(8) "Matter" or "material," any book, magazine, newspaper, or other printed or
written material; any picture, drawing, photograph, motion picture, or other
pictorial representation; any statue or other f igure; recording, transcription or
mechanical, chemical, or electrical reproduction; or any other articles,
equipment, machines, or materials;
(9) "Minor," any person less than eighteen years of age;
(10) "Nudity," within the meaning of subdivision (5) of this section, the showing of
the human male or female genitals, pubic area, or buttocks with less than a
full opaque covering, the showing of the female breast with less than a full
opaque covering or any portion thereof below the top of the nipple, or the
depiction of covered male genitals in a discernibly turgid state;
(11) "Obscene live conduct," any physical human body activity, whether performed
or engaged in alone or with other persons, including singing, speaking,
dancing, acting, simulation, or pantomiming, where:
(a) The dominant theme of such conduct, taken as a whole, appeals to a
prurient interest;
(b) The conduct is patently offensive because it affronts contemporary
community standards relating to the description or representation of
sexual matters; and
(c) The conduct is without serious literary, artistic, political, or scientific
value.
In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of
production, presentation, advertising, or exhibition indicate that live conduct is
being commercially exploited by the defendant for the sake of its prurient
appeal, the evidence is probative with respect to the nature of the conduct;
(12) "Obscene material," material:
(a) The dominant theme of which, taken as a whole, appeals to the prurient
interest;
(b) That is patently offensive because it affronts contemporary community
standards relating to the description or representation of sado-
masochistic abuse or sexual conduct; and
(c) That lacks serious literary, artistic, political, or scientific value.
In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of
production, presentation, sale, dissemination, or publicity indicate that the
matter is being commercially exploited by the defendant for the sake of its
prurient appeal, the evidence is probative with respect to the nature of the
matter;
(13) "Prurient interest," a shameful or morbid interest in nudity, sex, or excretion,
that goes substantially beyond customary limits of candor in description or
representation of such matters. If it appears from the character of the material
or the circumstances of its dissemination that the subject matter is designed
for a specially susceptible audience or clearly defined deviant sexual group,
the appeal of the subject matter must be judged with reference to such
audience or group;
(14) "Reasonable age verification," any method by which a covered platform
confirms that an individual attempting to access material that is harmful to
minors is at least eighteen years of age by verifying:
(a) A state-issued driver license or non-driver identification card;
(b) The individual's bank account information;
(c) A debit or credit card from the individual that requires the individu al in
ownership of the card to be at least eighteen years of age; or
(d) Any other method or document that reliably and accurately indicates if a
user of a covered platform is a minor and prevents a minor from
accessing the content of a covered platform;
(15) "Sado-masochistic abuse," flagellation or torture by or upon a person who is
nude or clad in undergarments, a mask, or bizarre costume; or the condition
of being fettered, bound, or otherwise physically restrained on the part of one
who is nude or so clothed;
(16) "Sexual conduct," within the meaning of subdivision (5) of this section, any act
of masturbation, homosexuality, sexual intercourse, or physical contact with a
person's clothed or unclothed genitals, pubic area, buttocks, or if such p erson
be a female, the breast; and
(17) "Sexual excitement," the condition of human male or female genitals when in
a state of sexual stimulation or arousal.
Source: SL 1968, ch 29, § 1; SDCL Supp, § 22-24-11; SL 1974, ch 165, § 1; SL 1976,
ch 158, §§ 24-3 to 24-5; SL 1994, ch 167, § 3; SL 2005, ch 120, § 303; SL 2025, ch 95,
§ 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 #:ORD 25-023,Version:1
Introduction and First Reading on Ordinance 25-023, an Ordinance Amending Chapter 94, Article VI,
Division 6, pertaining to Section 94-505, Regulations relating to Cannabis Dispensaries. Public
Hearing and Action: August 12, 2025.
Summary and Recommended Action:
Community members have voiced concerns that cannabis dispensaries are not an appropriate use in
the Business B-2A Office District, as the district is intended to be light commercial use or used as a
transitional zone between commercial and residential uses. Staff is proposing amendments to the
City’s Zoning Ordinances located in Chapter 94, Article VI, Division 6, to remove the B-2A District
from the permitted districts for cannabis dispensaries. The Development Review recommends
approval. The Planning Commission voted 7-1 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 7/18/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bailey Maca
Council Meeting: July 22, 2025 / August 12, 2025
Subject: Ordinance 25-023: Amending Chapter 94, Article VI,
Division 6, pertaining to Section 94-505- Regulations relating
to Cannabis Dispensaries.
Presenter(s): Mike Struck, Community Development Director
Summary and Recommended Action:
Community members have voiced concerns that cannabis dispensaries are not an
appropriate use in the B-2A as the district is intended to be light commercial use or used
as a transitional zone between commercial and residential uses. Staff is proposing
amendments to the City’s Zoning Ordinances located in Chapter 94, Article VI, Division
6, pertaining to Section 94-505, Regulations relating to cannabis dispensaries. Staff
recommends approval. The Development Review Team recommends approval. The
Planning Commission voted 7-1 to recommend approval.
Item Details:
The proposed amendment would remove the “Business B-2A Office District” from the
list of districts where cannabis dispensaries can be considered a permitted special use.
The intent is not to unreasonably restrict the opportunity of cannabis establishments to
locate in the city, but is for the purpose of preventing a concentration of certain cannabis
establishments near residential areas.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth - the zoning amendment will help future businesses in the B-2A
District achieve greater compatibility with surrounding residential areas.
Financial Consideration:
None.
Supporting Documentation:
Ordinance – clean
Ordinance – marked
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
ORDINANCE 25-023
AN ORDINANCE AMENDING CHAPTER 94, ARTICLE VI, DIVISION 6, PERTAINING
TO SECTION 94-505- REGULATIONS RELATING TO CANNABIS DISPENSARIES.
BE IT ORDAINED by the Governing Body of the City of Brookings, South Dakota that
the Subdivision Regulations be amended as follows:
I.
Chapter 94 – Zoning
ARTICLE VI. – SUPPLEMENTAL REGULATIONS
DIVISION 6 – CANNABIS ESTABLISHMENTS
Section 94-505. Regulations relating to cannabis dispensaries.
A. No cannabis dispensary shall be owned or operated at a location within the city's
zoning jurisdiction except as provided by this section. A cannabis dispensary shall
be considered a permitted special use in the following districts: Business B-1
Central District, Business B-2 District, Business B-3 Heavy District, and Business
B-4 Highway District.
B. No cannabis dispensary shall operate within 300 feet of a religious institution,
preschool, or detention facility existing before the date of the cannabis
establishment application. Distances shall be measured from the closest point of
the property lines.
C. No cannabis dispensary shall operate within 1,000 feet of a public or private school
existing before the date of the cannabis establishment application. Distances shall
be measured from the closest point of the property lines.
II.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: July 22, 2025
SECOND READING: August 12, 2025
PUBLISHED: August 17, 2025
CITY OF BROOKINGS, SD
_______________________________
Oepke “Ope” Niemeyer, Mayor
ATTEST:
___________________________________
Bonnie Foster, City Clerk
ORDINANCE 25-023
AN ORDINANCE AMENDING CHAPTER 94, ARTICLE VI, DIVISION 6, PERTAINING
TO SECTION 94-505- REGULATIONS RELATING TO CANNABIS DISPENSARIES.
BE IT ORDAINED by the Governing Body of the City of Brookings, South Dakota that
the Subdivision Regulations be amended as follows:
I.
Chapter 94 – Zoning
ARTICLE VI. – SUPPLEMENTAL REGULATIONS
DIVISION 6 – CANNABIS ESTABLISHMENTS
Sec. 94-505. Regulations relating to cannabis dispensaries.
A. No cannabis dispensary shall be owned or operated at a location within the city's
zoning jurisdiction except as provided by this section. A cannabis dispensary shall
be considered a permitted special use in the following districts: Business B-1
central district, business B-2 district, business B-2A office district, business B-3
heavy district, and business B-4 highway district.
B. No cannabis dispensary shall operate within 300 feet of a religious institution,
preschool, or detention facility existing before the date of the cannabis
establishment application. Distances shall be measured from the closest point of
the property lines.
C. No cannabis dispensary shall operate within 1,000 feet of a public or private school
existing before the date of the cannabis establishment application. Distances shall
be measured from the closest point of the property lines.
II.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: July 22, 2025
SECOND READING: August 12, 2025
PUBLISHED: August 17, 2025
CITY OF BROOKINGS, SD
_______________________________
Oepke “Ope” Niemeyer, Mayor
ATTEST:
________________________________
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 VI, Division 6, pertaining to Section 94-505- Regulations relating to
cannabis dispensaries.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at
6:00 PM on Tuesday, August 12, 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 30th day of July, 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 VI, Division 6, pertaining to Section 94-505. - Regulations relating to
cannabis dispensaries.
NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, July 1, 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 action taken by the Planning Commission is a recommendation made to the City
Council.
Any person interested may appear and be heard on this matter.
Dated this 18th day of June, 2025.
Bailey Maca
City Planner
Planning Commission
Brookings, South Dakota
July 1, 2025
OFFICIAL MINUTES
Vice Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday,
July 1, 2025, 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, Emily Braun, Billie Jo Hinrichs, Kyle
Jamison, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Scot Leddy was absent.
Also present were Community Development Director Michael Struck, City Planner Ryan Miller and
Associate Planner Bailey Maca. Also present were Janet Merriman, Benjamin Stout, Doris
Schumacher, Al Austreim, Rebecca Schmieding, Jeff Struwe, Johnnie Einspahr, Doug Austreim, Mike
McClemans and Justin Ruesch from the public.
Item #5f – Staff is proposing amendments to the City’s zoning ordinances located in Chapter 94,
Article VI, Division 6, to remove the B-2A district from the permitted districts for cannabis
dispensaries.
(Solum/Hinrichs) Motion to approve the Ordinance Amendment. Jamison voted nay; all others present
voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #5f – Staff has proposed amendments to the City’s zoning ordinances located in Chapter 94,
Article VI, Division 6, to remove the B-2A district from the permitted districts for cannabis
dispensaries. Community members have voiced concerns that cannabis dispensaries are not an
appropriate use in the Business B-2A Office district as the district is intended to be light commercial
use or used as a transitional zone between commercial and residential uses.
Spear asked if there were currently any dispensaries in the business B-2A. Miller stated there are not.
Limmer asked if they would still be allowed as conditional uses. Miller explained that dispensaries are
a special permitted use so it would not be allowable at all. Jamison asked if it made more sense to add
the restrictions instead of removing B-2A as an allowable zoning designation. Limmer inquired the
current process for permitted special uses. Struck stated that if a request meets the criteria, it could be
permitted administratively.
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 25-026,Version:1
Introduction and First Reading on Ordinance 25-026, an Ordinance to Change the Zoning within the
City of Brookings (the South 110 feet of Outlot A in the Southwest ¼ in Section 20, Township 110,
Range 49, City of Brookings, Brookings County, South Dakota, also known as 716 34 th Avenue, from
Agriculture A District to Business B-3 Heavy District). Public Hearing and Action: August 12, 2025.
Summary and Recommended Action:
Andrew Vrchota has submitted a petition to rezone the South 110 feet of Outlot A in the Southwest ¼
in Section 20, Township 110, Range 49, also known as 716 34th Avenue. The request is to rezone
the parcel from Agriculture A District to Business B-3 Heavy District. The Development Review Team
recommends approval. The Planning Commission voted 8-0 to recommend approval.
Attachments:
Memo
Ordinance
Petition to Rezone
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Location Map
Zoning Map
Future Land Use Map
B-3 Zoning Regulations
City of Brookings Printed on 7/18/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Ryan Miller, City Planner
Council Meeting: July 22, 2025 / August 12, 2025
Subject: Ordinance 25-026: Change the Zoning within the City of
Brookings (the South 110 feet of Outlot A in the Southwest
¼ in Section 20, Township 110, Range 49, City of Brookings,
Brookings County, South Dakota, also known as 716 34th
Avenue, from Agriculture A District to Business B-3 Heavy
District).
Presenter: Mike Struck, Community Development Director
Summary and Recommended Action:
Andrew Vrchota has submitted a petition to rezone the South 110 feet of Outlot A in the
Southwest ¼ in Section 20, Township 110, Range 49, also known as 716 34th Avenue.
The request is to rezone the parcel from Agriculture A District to Business B-3 Heavy
District. Staff Development Review Team recommends approval. The Planning
Commission voted 8-0 to recommend approval.
Item Details:
The owner and the developer of a proposed adjacent storage unit development have a
purchase agreement on the property. The property would need B-3 Zoning in order to
allow for the use of storage units. The property will become part of the Legacy Addition
storage unit development.
The property is located in a General Industrial future land use category which supports
the proposed zoning of B-3. Adjacent property to the south and west was recently
rezoned to B-3 and will also be part of the Legacy Addition. Property to the north is
zoned Industrial I-1 Light District. To the west is Agriculture District and Planned
Development District on City owned land.
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
Petition to Rezone
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Location Map
Zoning Map
Future Land Use Map
B-3 Zoning Regulations
ORDINANCE 25-026
AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS:
BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA:
SECTION 1. That the real estate situated in the City of Brookings, County of Brookings,
State of South Dakota, described as follows, to-wit:
The South One-hundred Feet of Outlot A in the Southwest Quarter in Section Twenty,
Township One-hundred Ten, Range Forty-Nine, City of Brookings, Brookings
County, South Dakota, from an Agriculture (A) District to a Business (B-3) Heavy
District.
In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South
Dakota, as said districts are more fully set forth and described in Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
SECTION 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
SECTION 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: July 22, 2025
SECOND READING AND ADOPTION: August 12, 2025
PUBLISHED: August 15, 2025
CITY OF BROOKINGS, SD
________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
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 PETITION TO REZONE
NOTICE IS HEREBY GIVEN that Andrew Vrchota has submitted a petition to
rezone the following described real estate in the City of Brookings and Brookings County,
South Dakota:
The South One-hundred Feet of Outlot A in the Southwest Quarter in Section
Twenty, Township One-hundred Ten, Range Forty-Nine, City of Brookings,
Brookings County, South Dakota, also known as 716 34th Avenue.
The request is to rezone the above-described real estate from an Agriculture A District to a
Business B-3 Heavy District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council
at 6:00 PM on Tuesday, August 12, 2025, in the Chambers Room on the third floor of the
Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard on this matter.
Dated this 30th day of July, 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 PETITION TO REZONE
NOTICE IS HEREBY GIVEN that Andrew Vrchota has submitted a petition to
rezone the following described real estate in the City of Brookings and Brookings County,
South Dakota:
The South One-hundred Feet of Outlot A in the Southwest Quarter in Section
Twenty, Township One-hundred Ten, Range Forty-Nine, City of Brookings,
Brookings County, South Dakota, also known as 716 34th Avenue.
The request is to rezone the above-described real estate from an Agriculture A District to a
Business B-3 Heavy District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, July 1, 2025, in the Chambers Room on the third
floor of the Brookings City & County Government Center at 520 Third Street, Brookings,
South Dakota. Any action taken by the Planning Commission is a recommendation made
to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 18th day of June, 2025.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
July 1, 2025
OFFICIAL MINUTES
Vice Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday,
July 1, 2025, 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, Emily Braun, Billie Jo Hinrichs, Kyle
Jamison, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Scot Leddy was absent.
Also present were Community Development Director Michael Struck, City Planner Ryan Miller and
Associate Planner Bailey Maca. Also present were Janet Merriman, Benjamin Stout, Doris
Schumacher, Al Austreim, Rebecca Schmieding, Jeff Struwe, Johnnie Einspahr, Doug Austreim, Mike
McClemans and Justin Ruesch from the public.
Item #5b – Andrew Vrchota has submitted a petition to rezone the South 110’ of Outlot A in the
Southwest 1/4 in Section 20-110-49 also known as 716 34th Avenue. The request is to rezone the parcel
from Agriculture A District to Business B-3 Heavy District. Staff recommends approval.
(Schmeichel/Solum) Motion to approve the rezone. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #5b – Andrew Vrchota submitted a petition to rezone the South 110’ of Outlot A in the SW ¼
20-110-49, also known as 716 34th Avenue, to Business B-3 Heavy District. The owner and the
developer of a proposed adjacent storage unit development have a purchase agreement on the property.
The property would need B-3 zoning in order to allow for the use of storage units. The property will
become part of the Legacy Addition storage unit development. The property is located in a General
Industrial future land use category which supports the proposed zoning of B-3. Adjacent property to
the south and west was recently rezoned to B-3 and will also be part of the Legacy Addition. Property
to the north is zoned Industrial I-1 Light District. To the west is Agriculture District and Planned
Development District on City owned land.
B-2
I-1
A
A
PDD
B-3 34TH AVE34TH AVEUS HWY 1434TH AVEUS HWY 146TH ST
Zoning Map
BrookingsCityLimits
Parcels
Zoning
A
B-2
B-3
I-1
JJ-A
PDD
Brookings County Roads
BuildingFootprints
6/10/2025, 4:32:06 PM
0 0.06 0.110.03 mi
0 0.09 0.170.04 km
1:4,514
ArcGIS Web AppBuilder
Urban Medium
Business Park
Civic
Urban High
Industrial
Industrial34TH AVE34TH AVEUS HWY 14 US HWY 146TH ST
34TH AVEFuture Land Use Map
BrookingsCityLimits
Parcels
FLU_RDG
Business Park
Civic
Industrial
Open Space
Urban High
Urban Medium
Brookings County Roads
BuildingFootprints
6/10/2025, 4:37:54 PM
0 0.06 0.110.03 mi
0 0.09 0.170.04 km
1:4,514
ArcGIS Web AppBuilder
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 25-025,Version:1
Introduction and First Reading on Ordinance 25-025, an Ordinance to Change the Zoning within the
City of Brookings (various City properties from an Agriculture A District, Floodway FW District,
Residence R-1 Rural Estate District, Residence R-1B Single-Family District, Residence R-2 Two-
Family District, Residence R-3 Apartment District, Residence R-3A Apartments/Mobile
Homes/Manufactured Housing District, Residence RMH Single-Family and Manufactured Housing
District, Business B-3 Heavy District, Industrial I-1 Light District, Industrial I-1R Restricted District,
Industrial I-2 Heavy District, and Planned Development District to a Civic District). Public Hearing
and Action: August 12, 2025.
Summary and Recommended Action:
The City of Brookings proposes to rezone various city parcels from an Agriculture A District,
Floodway FW District, Residence R-1 Rural Estate District, Residence R-1B Single-Family District,
Residence R-2 Two-Family District, Residence R-3 Apartment District, Residence R-3A
Apartments/Mobile Homes/Manufactured Housing District, Residence Manufactured Home (RMH)
Single-Family and Manufactured Housing District, Business B-3 Heavy District, Industrial I-1 Light
District, Industrial I-1R Restricted District, Industrial I-2 Heavy District, and Planned Development
District (PDD) to a Civic C District. The Development Review Team recommends approval. The
Planning Commission voted 8-0 to recommend approval.
Attachments:
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Location Map
Zoning Map <https://brookingsopendata-
brookingscosd.hub.arcgis.com/apps/d990b29e2d694ba1bd6d1a2bb9f0d9df/explore>
Future Land Use Map
Civic Regulations
Uses Comparison
City of Brookings Printed on 7/18/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Mike Struck, Community Development Director
Council Meeting: July 22, 2025 / August 12, 2025
Subject: Ordinance 25-025: Change the Zoning within the City of
Brookings (various City properties from an Agriculture A
District, Floodway FW District, Residence R-1 Rural Estate
District, Residence R-1B Single-Family District, Residence
R-2 Two-Family District, Residence R-3 Apartment District,
Residence R-3A Apartments/Mobile Homes/Manufactured
Housing District, Residence RMH Single-Family and
Manufactured Housing District, Business B-3 Heavy District,
Industrial I-1 Light District, Industrial I-1R Restricted District,
Industrial I-2 Heavy District, and Planned Development
District to a Civic C District).
Presenter(s): Mike Struck, Community Development Director
Summary and Recommended Action:
The City of Brookings proposes to rezone various city parcels from an Agriculture A
District, Floodway FW District, Residence R-1 Rural Estate District, Residence R-1B
Single-Family District, Residence R-2 Two-Family District, Residence R-3 Apartment
District, Residence R-3A Apartments/Mobile Homes/Manufactured Housing District,
Residence Manufactured Home (RMH) Single-Family and Manufactured Housing
District, Business B-3 Heavy District, Industrial I-1 Light District, Industrial I-1R
Restricted District, Industrial I-2 Heavy District, and Planned Development District
(PDD) to a Civic C District.
The Development Review Team recommends approval. The Planning Commission
voted 8-0 to recommend approval.
Item Details:
The City of Brookings created a new zoning district, Civic C District, in February 2025.
The intent of the Civic C District is to provide for a zoning district for public and civic
buildings and large institutional uses which otherwise may not fit into other zoning
districts because of their specialized land use needs and public purpose.
The rezoning request is to rezone a number of city-owned properties throughout the
community from their current zoning designation to the Civic C District. The properties
include parks, trails, drainage facilities, fire stations, lift stations, water towers, and
electrical substations.
The Comprehensive Plan identifies land use classification based upon intensity. The
Civic land use intensity classification aligns with the Civic C District and supports the
rezoning.
In the supporting documentation, there is a Uses Comparison document. This
document lists the Zoning Districts across the top with the uses listed down the left. If a
use has a “X” it is currently allowed within the respective zoning district. The uses
which are grayed are currently allowed, but if the rezoning to Civic is approved, would
not be allowed within the Civic C District. There are uses listed which are similar to
allowable uses in the Civic C District; however, the primary difference is the Civic C
District focuses on public uses and public assembly type facilities.
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.
Financial Consideration:
None.
Supporting Documentation:
Ordinance
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Location Map
Zoning Map
Future Land Use Map
Civic Regulations
Uses Comparison
ORDINANCE 25-025
AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS
BE IT ORDAINED by the governing body of the City of Brookings, South Dakota:
SECTION 1. That the real estate situated in the City of Brookings, in Brookings County,
shall be amended as follows, to-wit:
SW ¼ SW ¼ of Section 13, Township 110 North, Range 50 West; NW ¼ SW ¼ of
Section 13, Township 110 North, Range 50 West; and Second Substation
Addition; also known as Douglas Chittick Community Gardens; and
W 10.99 Acres of N ½ N ½ SE ¼ of Section 22, Township 110 North, Range 50
West; also known as Gustafson Pond; and
OL 1, Block 13, Parkdale Home Third Addition; E 10 Acres Block 13, Parkdale
Home Third Addition; and Block 14 Excluded Platted Areas Martinson Sub,
Parkdale Home Third Addition; also known as Sexauer Park and Campground;
and
OL E SE ¼ & Excluding Lot H-1 of Section 22, Township 110 North, Range 50
West; also known as Six-Mile Creek Drainage; and
N ½ NW ¼ Excluding OL A, H-1’s, H-2, H-3 and Platted Areas Thereof in Section
26, Township 110 North, Range 50 West; also known as Pioneer Park; and
W 60’ of Lot 1, Block 1, Averys Addition; W 104 feet of E 204 feet of Lot 1, Block
1, Averys Addition; Lots 1-4, Block 1, Gentle Addition & E 100 feet Lot 1, Block 1,
Averys Addition; and Outlot 1 Excluding Lot H-1 & Tract 385 feet X 820 feet
Excluding Lot 1 Hillcrest School Addition thereof in the NW ½ of Section 25,
Township 110 North, Range 50 West; also known as Hillcrest Park; and
Lot 9, Block 2, University First Addition; also known as 6th Street Fire Station; and
Lots 11-15, Block 1 and Lots 1-8, Block 6 and all of Block 8 Including adjacent
Vacated Street, Bane and Poole Addition; also known as Rotary Park; and
Southside Park Addition; also known as Southside Park; and
W 600 feet of Block 3, Borst Addition; also known as Lions Park; and
S 164.3 feet of W 454.32 feet of Lot 1, Block 4, Maylands First Addition; Lot 8,
Block 1, Insbrook Park Addition; Lot 7A & 7B, Block 1, Insbrook Park Addition; also
known as Larson Park; and
Lots 2, 3, and A of Parkview/Parkview Second Addition; also known as Dwiggins
Medary Park; and
Lot 11A, Block 2, Sarah Renee Addition; also known as Sarah Renee Park; and
Lot 56, Wahpeton Village, Indian Hills Addition; also known as Arrowhead Park;
and
Lot 10, Block 1, Pheasant Nest Addition; also known as Pheasant Nest Pond &
Dog Park; and
Lot 1, Block 2, McClemans Addition; also known as McClemans Park; and
Block 14, Camelot Square Addition; also known as Camelot Park; and
Block 8 Including S ½ Vacated Street, Hyland Addition; also known as Southland
Lane Detention Pond; and
Lot 37, Santee Village, Indian Hills Addition; also known as Indian Hills Park; and
Lots 1 and 2, Block 2, Nelsons Fourth Addition; Lot 1, Block 1, Nelsons Second
Addition; Block 1, Nelson Fifth Addition; Lot 1, Block 2, Nelson Fifth Addition; also
known as drainage ponds; and
Lot 9, Block 3, Moriarty Edgebrook Addition; also known as Moriarty Park; and
SW ¼ Excluding H-4 in Section 31, Township 110 North, Range 49 West; and 3M
Park Addition in NW ¼ of Section 31, Township 110 North, Range 49 West; also
known as Edgebrook Golf Course; and
Lot 16A and 17, Block 2, Valley View Addition; also known as Valley View Park;
and
Block 2, Christie Third Addition; also known as South Fire Station; and
City of Brookings Conservation Easement Tract 1; and
W 1600 feet of N ½ NW ¼ Excluding Substation Addition & Excluding W 150 feet
& Excluding N 40 feet & Excluding Willow Branch Ave ROW in Section 1,
Township 109 North, Range 50 West; W 1600 feet of S ½ NW ¼ Excluding Trail
Addition Block 2 & Excluding Willow Branch Ave ROW in Section 1, Township 109
North, Range 50 West; Block 1 and 2, Trail Addition; also known as Fishback
Soccer Park; and
Tract 1, Nature Park Addition; also known as Dakota Nature Park; and
SE ¼ SW ¼ Excluding W 16 Acres in Section 1, Township 109 North, Range 50
West; also known as South Fire Station; and
Lot 6A, Meyer’s Subdivision; also known as 22nd Avenue Fire Station; and
Lot 19, Block 13, Camelot Square Addition; Lot 57, W ahpeton Village, Indian Hills
Addition; Lots 1 and 2, Block 1 and Lot 23, Block 3, Timberline Addition; Lot 52,
Sioux Village, Indian Hills Addition; S 40’ of W 75’ of Lot A in Lot 5 & Lot B in Lot 5,
Block 4, BIDCO Addition; Block 3, D & D Addition; Lot 1, Brookings City Drainage
Addition; also known as drainage ponds; and
Lots 2 and 5, Block 2, Insbrook Park Addition; Lot 3, Block 2, McClemans Addition;
Block 3, McClemans Addition; Lot 10, Block 13, Pheasant Nest Addition; Lot 2,
Block 1, Prairie Hills Addition; Lots 53A, 53B & 53C, Sioux Village, Indian Hills
Addition; S 30 feet of S 210 feet of OLS 10-11, Excluding H-1 of NE ¼ of Section
35, Township 110 North, Range 50 West; also known as trails; and
Substation Addition in NW ¼ of Section 1, Township 109 North, Range 50 West;
also known as electrical substation; and
Lot 2, Block 2, Nelson Fifth Addition; Lot 1B, Block 17, Prairie Hills Addition; also
known as lift station; and
OL 13 Excluding H1 in SE ¼ of SW ¼ in Section 35, Township 110 North, Range
50 West; Lots 3 -5, Block 1, Hill Park Addition; also known as water towers from an
Agriculture A District, Floodway FW District, Residence R-1 Rural Estate District,
Residence R-1B Single-Family District, Residence R-2 Two-Family District,
Residence R-3 Apartment District, Residence R-3A Apartments/Mobile
Homes/Manufactured Housing District, Residence RMH Single-Family and
Manufactured Housing District, Business B-3 Heavy District, Industrial I-1 Light
District, Industrial I-1R Restricted District, Industrial I-2 Heavy District, and Planned
Development District (PDD) to a Civic C District.
In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings,
South Dakota, as said districts are more fully set forth and described in Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
SECTION 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
SECTION 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: July 22, 2025
SECOND READING AND ADOPTION: August 12, 2025
PUBLISHED: August 15, 2025
CITY OF BROOKINGS, SD
________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
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 PETITION TO REZONE
NOTICE IS HEREBY GIVEN that City of Brookings has submitted a petition to
rezone the following described real estate in the City of Brookings and Brookings County,
South Dakota:
SW ¼ SW ¼ of Section 13, Township 110 North, Range 50 West; NW ¼ SW ¼ of
Section 13, Township 110 North, Range 50 West; and Second Substation Addition;
also known as Douglas Chittick Community Gardens; and
W 10.99 Ac of N ½ N ½ SE ¼ of Section 22, Township 110 North, Range 50 West;
also known as Gustafson Pond; and
OL 1, Block 13, Parkdale Home Third Addn; E 10 Acres Block 13, Parkdale Home
Third Addn; and Block 14 Exc Platted Areas Martinson Sub, Parkdale Home Third
Addn; also known as Sexauer Park and Campground; and
OL E SE ¼ & Exc Lot H-1 of Section 22, Township 110 North, Range 50 West; also
known as Six-Mile Creek Drainage; and
N ½ NW ¼ Exc OL A, H-1’s, H-2, H-3 and Platted Areas Thereof in Section 26,
Township 110 North, Range 50 West; also known as Pioneer Park; and
W 60’ of Lot 1, Block 1, Averys Addition; W 104’ of E 204’ of Lot 1, Block 1, Averys
Addition; Lots 1 – 4, Block 1, Gentle Addn & E 100’ Lot 1, Block 1, Averys Addn;
and Outlot 1 Exc Lot H-1 & Tract 385’ X 820’ Exc Lot 1 Hillcrest School Addn
thereof in the NW ½ of Section 25, Township 110 North, Range 50 West; also
known as Hillcrest Park; and
Lot 9, Block 2, University First Addn; also known as 6th Street Firestation; and
Lots 11-15, Block 1 and Lots 1-8, Block 6 and all of Block 8 Including adjacent
Vacated Street, Bane and Poole Addn; also known as Rotary Park; and
Southside Park Addition; also known as Southside Park; and
W 600’ of Block 3, Borst Addition; also known as Lions Park; and
S 164.3’ of W 454.32’ of Lot 1, Block 4, Maylands First Addn; Lot 8, Block 1,
Insbrook Park Addn; Lot 7A & 7B, Block 1, Insbrook Park Addn; also known as
Larson Park; and
Lots 2, 3, and A of Parkview/Parkview Second Addition; also known as Dwiggins
Medary Park; and
Lot 11A, Block 2, Sarah Renee Addn; also known as Sarah Renee Park; and
Lot 56, Wahpeton Village, Indian Hills Addn; also known as Arrowhead Park; and
Lot 10, Block 1, Pheasant Nest Addn; also known as Pheasant Nest Pond & Dog
Park; and
Lot 1, Block 2, McClemans Addn; also known as McClemans Park; and
Block 14, Camelot Square Addn; also known as Camelot Park; and
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 $ _____________.
Block 8 Including S ½ Vacated Street, Hyland Addn; also known as Southland Lane
Detention Pond; and
Lot 37, Santee Village, Indian Hills Addn; also known as Indian Hills Park; and
Lots 1 and 2, Block 2, Nelsons Fourth Addn; Lot 1, Block 1, Nelsons Second Addn;
Block 1, Nelson Fifth Addn; Lot 1, Block 2, Nelson Fifth Addn; also known as
drainage ponds; and
Lot 9, Block 3, Moriarty Edgebrook Addn; also known as Moriarty Park; and
SW ¼ Exc H-4 in Section 31, Township 110 North, Range 49 West; and 3M Park
Addn in NW ¼ of Section 31, Township 110 North, Range 49 West; also known as
Edgebrook Golf Course; and
Lot 16A and 17, Block 2, Valley View Addn; also known as Valley View Park; and
Block 2, Christie Third Addn; also known as South Fire Station; and
City of Brookings Conservation Easement Tract 1; and
W 1600’ of N ½ NW ¼ Exc Substation Addn & Exc W 150’ & Exc N 40’ & Exc
Willow Branch Ave ROW in Section 1, Township 109 North, Range 50 West; W
1600’ of S ½ NW ¼ Exc Trail Addn Block 2 & Exc Willow Branch Ave ROW in
Section 1, Township 109 North, Range 50 West; Block 1 and 2, Trail Addn; also
known as Fishback Soccer Park; and
Tract 1, Nature Park Addn; also known as Dakota Nature Park; and
SE ¼ SW ¼ Exc W 16 Acres in Section 1. Township 109 North, Range 50 West;
also known as South Fire Station; and
Lot 6A, Meyer’s Subdivision; also known as 22nd Avenue Fire Station; and
Lot 19, Block 13, Camelot Square Addn; Lot 57, Wahpeton Village, Indian Hills
Addn; Lots 1 and 2, Block 1 and Lot 23, Block 3, Timberline Addn; Lot 52, Sioux
Village, Indian Hills Addn; S 40’ of W 75’ of Lot A in Lot 5 & Lot B in Lot 5, Block 4,
BIDCO Addition; Block 3, D & D Addn; Lot 1, Brookings City Drainage Addn; also
known as drainage ponds; and
Lots 2 and 5, Block 2, Insbrook Park Addn; Lot 3, Block 2, McClemans Addn; Block
3, McClemans Addn; Lot 10, Block 13, Pheasant Nest Addn; Lot 2, Block 1, Prairie
Hills Addn; Lots 53A, 53B & 53C, Sioux Village, Indian Hills Addn; S 30’ of S 210’ of
OLS 10-11 Exc H-1 of NE ¼ of Section 35, Township 110 North, Range 50 West;
also known as trails; and
Substation Addn in NW ¼ of Section 1, Township 109 North, Range 50 West; also
known as electrical substation; and
Lot 2, Block 2, Nelson Fifth Addn; Lot 1B, Block 17, Prairie Hills Addition; also
known as lift station; and
OL 13 Exc H1 in SE ¼ of SW ¼ in Section 35, Township 110 North, Range 50
West; Lots 3 -5, Block 1, Hill Park Addn; also known as water towers
All in the City of Brookings, Brookings County, South Dakota
The request is to rezone the above-described real estate from an Agriculture A District,
Floodway FW District, Residence R-1 Rural Estate District, Residence R-1B Single-Family
District, Residence R-2 Two-Family District, Residence R-3 Apartment District, Residence
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 $ _____________.
R-3A Apartments/Mobile Homes/Manufactured Housing District, Residence RMH Single-
Family and Manufactured Housing District, Business B-3 Heavy District, Industrial I-1 Light
District, Industrial I-1R Restricted District, Industrial I-2 Heavy District, and Planned
Development District (PDD) to a Civic C District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at
6:00 PM on Tuesday, August 12, 2025, in the Chambers Room on the third floor of the
Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard on this matter.
Dated this 30th day of July, 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 PETITION TO REZONE
NOTICE IS HEREBY GIVEN that City of Brookings has submitted a petition to
rezone the following described real estate in the City of Brookings and Brookings County,
South Dakota:
SW ¼ SW ¼ of Section 13, Township 110 North, Range 50 West; NW ¼ SW ¼ of
Section 13, Township 110 North, Range 50 West; and Second Substation Addition;
also known as Douglas Chittick Community Gardens; and
W 10.99 Ac of N ½ N ½ SE ¼ of Section 22, Township 110 North, Range 50 West;
also known as Gustafson Pond; and
OL 1, Block 13, Parkdale Home Third Addn; E 10 Acres Block 13, Parkdale Home
Third Addn; and Block 14 Exc Platted Areas Martinson Sub, Parkdale Home Third
Addn; also known as Sexauer Park and Campground; and
OL E SE ¼ & Exc Lot H-1 of Section 22, Township 110 North, Range 50 West; also
known as Six-Mile Creek Drainage; and
N ½ NW ¼ Exc OL A, H-1’s, H-2, H-3 and Platted Areas Thereof in Section 26,
Township 110 North, Range 50 West; also known as Pioneer Park; and
W 60’ of Lot 1, Block 1, Averys Addition; W 104’ of E 204’ of Lot 1, Block 1, Averys
Addition; Lots 1 – 4, Block 1, Gentle Addn & E 100’ Lot 1, Block 1, Averys Addn;
and Outlot 1 Exc Lot H-1 & Tract 385’ X 820’ Exc Lot 1 Hillcrest School Addn
thereof in the NW ½ of Section 25, Township 110 North, Range 50 West; also
known as Hillcrest Park; and
Lot 9, Block 2, University First Addn; also known as 6th Street Firestation; and
Lots 11-15, Block 1 and Lots 1-8, Block 6 and all of Block 8 Including adjacent
Vacated Street, Bane and Poole Addn; also known as Rotary Park; and
Southside Park Addition; also known as Southside Park; and
W 600’ of Block 3, Borst Addition; also known as Lions Park; and
S 164.3’ of W 454.32’ of Lot 1, Block 4, Maylands First Addn; Lot 8, Block 1,
Insbrook Park Addn; Lot 7A & 7B, Block 1, Insbrook Park Addn; also known as
Larson Park; and
Lots 2, 3, and A of Parkview/Parkview Second Addition; also known as Dwiggins
Medary Park; and
Lot 11A, Block 2, Sarah Renee Addn; also known as Sarah Renee Park; and
Lot 56, Wahpeton Village, Indian Hills Addn; also known as Arrowhead Park; and
Lot 10, Block 1, Pheasant Nest Addn; also known as Pheasant Nest Pond & Dog
Park; and
Lot 1, Block 2, McClemans Addn; also known as McClemans Park; and
Block 14, Camelot Square Addn; also known as Camelot Park; and
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 $ _____________.
Block 8 Including S ½ Vacated Street, Hyland Addn; also known as Southland Lane
Detention Pond; and
Lot 37, Santee Village, Indian Hills Addn; also known as Indian Hills Park; and
Lots 1 and 2, Block 2, Nelsons Fourth Addn; Lot 1, Block 1, Nelsons Second Addn;
Block 1, Nelson Fifth Addn; Lot 1, Block 2, Nelson Fifth Addn; also known as
drainage ponds; and
Lot 9, Block 3, Moriarty Edgebrook Addn; also known as Moriarty Park; and
SW ¼ Exc H-4 in Section 31, Township 110 North, Range 49 West; and 3M Park
Addn in NW ¼ of Section 31, Township 110 North, Range 49 West; also known as
Edgebrook Golf Course; and
Lot 16A and 17, Block 2, Valley View Addn; also known as Valley View Park; and
Block 2, Christie Third Addn; also known as South Fire Station; and
City of Brookings Conservation Easement Tract 1; and
W 1600’ of N ½ NW ¼ Exc Substation Addn & Exc W 150’ & Exc N 40’ & Exc
Willow Branch Ave ROW in Section 1, Township 109 North, Range 50 West; W
1600’ of S ½ NW ¼ Exc Trail Addn Block 2 & Exc Willow Branch Ave ROW in
Section 1, Township 109 North, Range 50 West; Block 1 and 2, Trail Addn; also
known as Fishback Soccer Park; and
Tract 1, Nature Park Addn; also known as Dakota Nature Park; and
SE ¼ SW ¼ Exc W 16 Acres in Section 1. Township 109 North, Range 50 West;
also known as South Fire Station; and
Lot 6A, Meyer’s Subdivision; also known as 22nd Avenue Fire Station; and
Lot 19, Block 13, Camelot Square Addn; Lot 57, Wahpeton Village, Indian Hills
Addn; Lots 1 and 2, Block 1 and Lot 23, Block 3, Timberline Addn; Lot 52, Sioux
Village, Indian Hills Addn; S 40’ of W 75’ of Lot A in Lot 5 & Lot B in Lot 5, Block 4,
BIDCO Addition; Block 3, D & D Addn; Lot 1, Brookings City Drainage Addn; also
known as drainage ponds; and
Lots 2 and 5, Block 2, Insbrook Park Addn; Lot 3, Block 2, McClemans Addn; Block
3, McClemans Addn; Lot 10, Block 13, Pheasant Nest Addn; Lot 2, Block 1, Prairie
Hills Addn; Lots 53A, 53B & 53C, Sioux Village, Indian Hills Addn; S 30’ of S 210’ of
OLS 10-11 Exc H-1 of NE ¼ of Section 35, Township 110 North, Range 50 West;
also known as trails; and
Substation Addn in NW ¼ of Section 1, Township 109 North, Range 50 West; also
known as electrical substation; and
Lot 2, Block 2, Nelson Fifth Addn; Lot 1B, Block 17, Prairie Hills Addition; also
known as lift station; and
OL 13 Exc H1 in SE ¼ of SW ¼ in Section 35, Township 110 North, Range 50
West; Lots 3 -5, Block 1, Hill Park Addn; also known as water towers
All in the City of Brookings, Brookings County, South Dakota
The request is to rezone the above-described real estate from an Agriculture A District,
Floodway FW District, Residence R-1 Rural Estate District, Residence R-1B Single-Family
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 $ _____________.
District, Residence R-2 Two-Family District, Residence R-3 Apartment District, Residence
R-3A Apartments/Mobile Homes/Manufactured Housing District, Residence RMH Single-
Family and Manufactured Housing District, Business B-3 Heavy District, Industrial I-1 Light
District, Industrial I-1R Restricted District, Industrial I-2 Heavy District, and Planned
Development District (PDD) to a Civic C District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, July 1, 2025, in the Chambers Room on the third
floor of the Brookings City & County Government Center at 520 Third Street, Brookings,
South Dakota. Any action taken by the Planning Commission is a recommendation made
to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 18th day of June, 2025.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
July 1, 2025
OFFICIAL MINUTES
Vice Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday,
July 1, 2025, 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, Emily Braun, Billie Jo Hinrichs, Kyle
Jamison, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Scot Leddy was absent.
Also present were Community Development Director Michael Struck, City Planner Ryan Miller and
Associate Planner Bailey Maca. Also present were Janet Merriman, Benjamin Stout, Doris
Schumacher, Al Austreim, Rebecca Schmieding, Jeff Struwe, Johnnie Einspahr, Doug Austreim, Mike
McClemans and Justin Ruesch from the public.
Item #5a – The City of Brookings proposes to rezone various city parcels to a Civic C District. Staff
recommends approval.
(Hinrichs/Jamison) Motion to approve the rezone. All present voted aye. MOTION CARRIED.
(Schmeichel/Aiken) Motion to amend the Civic zoning ordinance changing the maximum allowable
height from 60 feet to 40 feet. All voted nay on the amendment. MOTION FAILED.
OFFICIAL SUMMARY
Item #5a – The City of Brookings created a new zoning district, Civic district, in February 2025.
The intent of the Civic district is to provide for a zoning district for public and civic buildings and
large institutional uses that otherwise may not fit into other zoning districts because of their specialized
land use needs and public purpose. The rezoning request is to rezone a number of city-owned
properties throughout the community from their current zoning designation to the Civic district. The
properties include parks, trails, drainage facilities, fire stations, lift stations, water towers, and
electrical substations. The Comprehensive Plan identifies land use classification based upon intensity.
The Civic land use intensity classification aligns with the Civic district and supports the rezoning.
Al Austreim asked how twelve different zoning categories could be combined into one. He also listed
inquiries including: what dangers exist with the current designations; if the City of Brookings
participated in recent legislation regarding parks land sale; if the city considered creating Park Zoning;
the reasoning a park’s use would need to change in the future and if a park is zoned Civic, what
process would be required to change the use of the park. Schmieding asked the reasoning for the
rezone. She purchased her property to be able to view nature and wants to know if her property is in
danger of losing that. She also requested potential effects on her homeowner’s association. Struwe
asked that parks be removed from the rezone request. Einspahr requested that the city continues to
maintain the drainage ponds to prevent noxious weeds and varmint. Doug Austreim stated that
Brookings is known for its parks and was concerned that the city intended to build on park land.
McClemans requested more information on how the rezone affects adjacent properties. Ruesch
expressed concerns of a wildlife easement being rezoned due to its importance on drainage and asked
if the rezone would allow the city to sell the property without a vote.
Limmer asked Struck to speak on the City’s behalf. Struck stated that Civic zoning was created to give
greater protection than what is currently in place. The city desired aligning the zoning of properties
more closely with their uses. He went on to say that Civic zoning creates awareness that these
properties are designated for public use. Civic zoning is held to higher standards than residential
property. There was a change in state law that took place July 1, 2025 that altered how parks property
can be disposed. However, this did not affect rezones or zoning designations. Struck explained that not
only City owned properties are eligible for Civic zoning. Struck explained that the Planning
Commission cannot speak to nor are they responsible for a change of use on public land. In the event a
Civic zoned property was transferred to the private sector, the developer would need to seek a rezone
to fit their intended use.
Schmeichel asked if the city will continue to maintain the properties. Struck stated that the properties
will still be maintained outside of property that is designated “No Mow”. Aiken asked what zoning
designation parks are currently. Struck stated that they are many different zones currently. Aiken went
on to clarify that it would create a more cohesive zone for the parks.
Schmeichel made a motion to amend the Civic zoning ordinance changing the allowable height from
60 feet to 40 feet. Aiken seconded the motion. Struck mentioned that the action tonight is only to
rezone property into the Civic Zoning District, not to amend the district standards. Struck stated that if
he wished to make an ordinance amendment it would need to be a new request before Planning
Commission.
Spear asked how the request would change the process of future construction. Miller stated that the
steps would remain the same but the design criteria does change some. Solum asked if there were
provisions for having subcategories within Civic zoning. Struck stated that this would require an
ordinance amendment. Limmer asked if Planning Commission would be required to grant a rezone to
an entity that met the permitted uses. Struck stated that each rezone needs to be reviewed on its own
merit. Hinrichs expressed concerns that the request could be perceived like imminent domain. Struck
stated that it is an entirely different process that the city has not pursued in his tenure. Hinrichs asked if
it would be easier to develop on park land under the current zoning than Civic zoning. Struck
confirmed that was correct.
City Owned Parcels
¹
FW A R-1 R-1B R-2 R-3 R-3A RMH B-3 I-1 I-1R C
Campground X X
Telecommunication Tower X X X X X X X X X X X
Park, Special Use X X X X X X X
Public Utility Facility X X X X X X X X X X X
Church X X X X X X X
Cemetery X X
Park, Playground or Neighborhood X X X X X X X
Elementary and Secondary School X X
Public or Parochial School X X X X X X
Govermental Administration and Services
such as Offices, Firehouse, Police and like
uses; however, this section shall not be
interpreted to permit such uses as
warehousing, storage of vehicles, heavy
equipment or supplies
X X X X X X
Park, Community X X X X X X
Public Recreation Facility X X X X X X
Day Care Facility X X X X X X X
Vocational or Trade School X X X X
Public Transportation Facility X X X X
Public Parking Facility X
Public Library or Museum X
Post Secondary School X
Public Community Center X
Hospital X
Wireless Communication Facilities X X X X X X X X X X
Telecommunication Facilities X X X X X X X X X X
Crop Production X X
Livestock Raising X
Park, Recreation Facility, Shooting Range X
Game Propagation Area X
Institutional Farm X
Orchard or Tree Farm X
Truck Gardening X
Single-Family Dwelling X X X X X X X
Roadside Stand X X
Recreation Facility X
School X
Farm Structures X
Shelterbelt X
Nursery/Greenhouse X X
Airport X
Quarry X
Hot Mix Plant X
Private or Riding Stable X X
Campground/RV Park X
Animal Hospital X X
Kennel X
Accessory Building X
Minor Home Occupation X X X X X X
Family Day Care X X X X X X
Major Home Occupation X X X X X X
Private Lake X X
Retirement or Nursing Home X X X X X
Two-Family Dwelling X X X X X
Group Home X X X X
Bed and Breakfast Establishment X X X X
Single-Family Zero Feet Side Yard Dwelling X X X
Funeral Home or Mortuary X X X
Community Center, Private Club or Lodge X
Domestic Abuse Shelter X X X
Townhouse X X X
Apartment or Condominium X X X
Office X X X
Fraternity/Sorority X X X
Nonmunicipal Library, Museum, Art Gallery,
Community Center, Private Club or Lodge
X X
Single Mobile Home/Manufactured Home X X
Mobile Home/Manufactured Housing Park X
Single-Family Modular Home X
Retail or Service Store X
Personal Service Store X
Financial Services X
Parking Facility or Lot X X X
Grocery Supermarket X
Drive-in Food Service X
Gas Dispensing Station X
Carwash X
Indoor or Outdoor Recreational Facility X X X
Temporary Storage Facility X
Automobile Sales X
Office Building X X X
Drinking Establishment X
Emergency Services X X
Personal Health Services X
Pet Services X
Outdoor Sales X X
Wholesale Trade with Warehousing X X
Lumberyard X
Reverse Vending Machine X X X
Automobile Service Station X X X
Citizen's Drop-off for Recyclables X X
Motor Vehicle Repair Shop X X
Motel or Hotel X
Equipment Rental Store X
Auction House X
Semi-trailer Storage X X
Extended Stay Motel X
Brewpub X
Microbrewery X X X
Contractor's Shop X
Farm/Feed Store X
Assembling and Packaging X X X
Freight Handling X X X
Manufacturing, Light X X X
Mixed Business/Residential Use X
Contractor's Shop and Storage Yard X X
Buy Back Center for Recyclables X X
Household Hazardous Waste Site X X
Light Processing Facility X X X
Transfer Site for Recyclables X X
Kennel X X
Truck and Trailer Rentals X
Farm Implement Sales X X
Broadcast Tower X X
Wholesale Trades with Storage Yard X
Warehousing X X
Truck Stop X X
Light Processing Facility for Recyclables X
Automobile Storage Yard X
Outdoor Storage X
Animal Research Facility X X
Concrete Plant X
SWECS X
Code
FW
S
R-1
R-1A
R-1B
R-2
R-3
R-3A
RMH
B-3
I-1
I-1R
C
Business B-3 Heavy District
Industrial I-1 Light
Industrial I-1R Restricted
Civic District
Zoning Districts
Residence R-3A Apartments/Mobile Homes/Manufactured Housing
Residence RMH Single-Family and Manufactured Housing
Flooodway
Agriculture
Residence R-1 Rural Estate
Residence R-1A Single-Family
Residence R-1B Single-Family
Residence R-2 Two-Family
Residence R-3 Apartment
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 25-022,Version:2
Second Reading and Action on Ordinance 25-022, an Ordinance Amending Chapter 2 of the Code of
Ordinances of the City of Brookings and Pertaining to the Authority and Duties of the Brookings
Human Rights Commission.
Summary and Recommended Action:
The Brookings Human Rights Commission (BHRC) recommends approval of revised City Code
Section 2-154 through 2-167, which updates the Commission’s process for handling and addressing
complaints of discrimination.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
City of Brookings Printed on 7/18/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Brookings Human Rights Commission
Casey Bell, Staff Liaison
Council Meeting: July 8, 2025 / July 22, 2025
Subject: Ordinance 25-022: Brookings Human Rights Commission
Presenter: Casey Bell, Staff Liaison
Summary and Recommended Action:
The Brookings Human Rights Commission (BHRC) recommends approving the revised
City Code Sections 2-154 through 2-167, which update the Commission’s process for
managing and addressing discrimination complaints. Staff recommends approval.
Item Details:
The Brookings Human Rights Commission (BHRC) was granted the authority to
investigate complaints of discrimination approximately 10 years ago, expanding its
original role. However, it has become clear that the current ordinance is difficult to
apply and sustain. The Commission lacks the necessary infrastructure, such as time,
funding, formal training, and confidentiality safeguards, to properly investigate, arbitrate,
or enforce complaints. These limitations have raised significant concerns regarding
liability, due process, and the responsible handling of sensitive matters.
In response to these challenges, the BHRC formed a working group to reimagine a
more practical and impactful role for the Commission in supporting community members
who believe they have experienced discrimination. Over the course of nearly three
years, this group conducted extensive research, including conversations with peer
communities of similar size, to explore how other municipalities address these important
issues.
The revised ordinance proposes to remove the BHRC’s authority to investigate,
arbitrate, or enforce complaints of discrimination. Instead, the Commission will serve as
a knowledgeable and accessible resource for individuals seeking help. The BHRC will
guide residents to the appropriate agencies, organizations, or legal channels that are
better equipped to handle formal discrimination concerns.
This shift will allow the BHRC to focus on what it can do best , providing education,
outreach, and support to the community. By serving as a connector rather than an
enforcer, the Commission will be better positioned to assist individuals in finding
meaningful resolution while continuing to advance human rights in Brookings.
The proposed ordinance revision received unanimous support from the Brookings
Human Rights Commission.
Legal Consideration:
City Attorney has reviewed the revised Ordinance.
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.
Financial Consideration:
None
Supporting Documentation:
Ordinance - clean
Ordinance - marked
ORDINANCE 25-022
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS AND PERTAINING TO THE AUTHORITY AND
DUTIES OF THE BROOKINGS HUMAN RIGHTS COMMISSION.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
That Section 2-154 - 2-167 of the Code of Ordinances and pertaining to the authority
and duties of the Brookings Human Rights Commission is hereby amended to read as
follows:
Section 2-154. Purpose.
The purpose of the Brookings Human Rights Commission (BHRC) is to improve human
relations and civil rights in the Brookings area by fighting discrimination against
individuals or groups because of their age, disability, race, color, ethnicity, sex, creed,
religion, ancestry, national origin, familial status, marital status, gender identity, sexual
orientation, or political affiliation. The BHRC promotes educational activities to make
Brookings an inclusive and welcoming community.
Section 2-155. Substantive and procedural authority and duties.
The authority and duties of the Brookings Human Rights Commission shall be to:
(1) Promote human and civil rights for all its citizens and visitors.
(2) Foster mutual understanding and respect among all racial, religious and
nationality groups in the Brookings area.
(2) Prevent and eliminate bias and discrimination by means of education,
persuasion, conciliation and, to the extent permitted, enforcement, and utilize
all the powers at its disposal to carry into execution the provisions of this
chapter.
(3) Study and publicize the existence, character, causes and extent of
discrimination in employment, housing and property rights, education, public
accommodations, and public services in the city.
(4) Provide intake assistance for complaints from individuals who may be victims
of discrimination and refer such complaints to the South Dakota Human Rights
Commission, or the Equal Employment Opportunity Commission, or other
appropriate agencies for investigation and adjudication of the complaint.
(5) Cooperate with various racial, religious and ethnic groups; community, civil,
labor and business organizations; federal, state, and city agencies student
organizations; fraternal and benevolent associations; veterans' organizations;
and other groups in educational campaigns and programs to accomplish the
objectives of this article.
(6) Advise the mayor, city council members, city manager and the respective
departments of the city concerning matters consistent with the purposes and
powers of the human rights commission.
(7) Recommend ordinances and other legislation pertinent to the purposes of
protection of human rights and the promotion of inclusion.
(8) Conduct educational programs and disseminate information in furtherance of
the purposes and policies of the human rights co mmission.
The following Sections of Chapter 2 are hereby repealed:
Section 2-156 - Filing complaint.
Section 2-157 - Time for filing complaint.
Section 2-158 - Service of respondent and answer.
Section 2-159 - Determination of probable cause.
Section 2-160 - Conciliation.
Section 2-161 - Public hearing.
Section 2-162 - Dismissal of complaint.
Section 2-164 - Prosecution of violation.
Section 2-167 - Time limit for filing complaint.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: July 8, 2025
SECOND READING: July 22, 2025
PUBLISHED: July 25, 2025
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
ORDINANCE NO. 254-022_____
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF
THE CITY OF BROOKINGS AND PERTAINING TO THE AUTHORITY AND DUTIES OF
THE BROOKINGS HUMAN RIGHTS COMMISSION.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
That Section 2-154 – 2-1675 of the Code of Ordinances and pertaining to the authority
and duties of the Brookings Human Rights Commission is hereby amended to read as follows:
Sec. 2-154. - Purpose.
The purpose of the Brookings Human Rights Commission (BHRC) is to improve human
relations and civil rights in the Brookings area by fighting discrimination through educational
efforts and a complaint resolution procedure. The commission has the power to investigate
complaints alleging discrimination against individuals or groups because of their age, disability,
race, color, ethnicity, sex, creed, religion, ancestry, national origin, familial status, disability,
marital status, gender identity, or sexual orientation, or political affiliation., with respect to
employment, labor union membership, housing accommodations, property rights, education,
public accommodations or public services. The BHRC promotes educational activities to make
Brookings an inclusive and welcoming community.
Sec. 2-155. Substantive and procedural authority and duties.
The authority and duties of the Brookings Human Rights Commission shall be to:
(1) Promote human and civil rights for all its citizens and visitors.
(2) Promote aFoster mutual understanding and respect among all racial, religious and
nationality groups in the Brookings area and work to discourage and prevent
discriminatory practices against any such group.
(3) Attempt to foster, through community effort or otherwise, goodwill, cooperation and
conciliation.
(24) Seek to pPrevent and eliminate bias and discrimination by means of education,
persuasion, conciliation and, to the extent permitted, enforcement, and utilize all the
powers at its disposal to carry into execution the provisions of this chapter.
(3) Study and determine publicize the existence, character, causes and extent of
discrimination in employment, housing accommodations and, property rights,
education, public accommodations, and public services in the city, and discrimination
based on age, disability, marital status, familial status, ethnicity, religion, sexual
orientation, gender identity and political affiliation. The study and determination of
discrimination is based on a broad understanding of civil and human rights as
embodied in the 1964 Civil Rights Act as amended, which includes race, color,
religion, gender and country of origin.
(4) Provide intake assistance for complaints from individuals who may be victims of
discrimination and refer such complaints to the South Dakota Human Rights
Commission, or the Equal Employment Opportunity Commission, or other appropriate
agencies for investigation and adjudication of the complaint.
(5) Cooperate with various racial, religious and ethnic groups; community, civil, labor and
business organizations; federal, state, and city agencies student organizations; fraternal
and benevolent associations; veterans' organizations; and other groups in educational
campaigns and programs to accomplish the objectives of this article.
(6) Advise the mayor, city council members, city manager and the respective
departments of the city concerning matters consistent with the purposes and powers of
the human rights commission.
(7) Recommend ordinances and other legislation pertinent to the purposes of
protection of human rights and the promotion of inclusion.
(8) Conduct educational programs and disseminate information in furtherance of the
purposes and policies of the human rights commission.
The following Sections of Chapter 2 are hereby repealed.
• Sec. 2-156. - Filing complaint.
• Sec. 2-157. - Time for filing complaint.
• Sec. 2-158. - Service of respondent and answer.
• Sec. 2-159. - Determination of probable cause.
• Sec. 2-160. - Conciliation.
• Sec. 2-161. - Public hearing.
• Sec. 2-162. - Dismissal of complaint.
• Sec. 2-164. - Prosecution of violation.
• Sec. 2-167. - Time limit for filing complaint.
III.
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
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 25-065,Version:1
Public Hearing and Action on Resolution 25-065, a Resolution to Amend the 2040 Comprehensive
Plan’s Future Land Use Map.
Summary and Recommended Action:
Mark Hayes has submitted a Future Land Use Map revision request for 3439 Main Avenue South.
The request is to change the Future Land Use Map from Open Wetland to Urban Medium Intensity.
The Development Review Team recommends approval of the request. The Planning Commission
voted 8-0 to recommend approval.
Attachments:
Memo
Resolution
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Request Letter
Location Map
Future Land Use Map
Zoning Map
Floodplain Map
Suitability Map
City of Brookings Printed on 7/18/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Ryan Miller, City Planner
Council Meeting: July 22, 2025
Subject: Resolution 25-065: Amending the 2040 Comprehensive
Plan’s Future Land Use Map Amendment
Presenter(s): Mike Struck, Community Development Director
Summary and Recommended Action:
Mark Hayes has submitted a Future Land Use Map revision request for 3439 Main
Avenue South. The request is to change the Future Land Use Map from Open Wetland
to Urban Medium Intensity. The Development Review Team recommends approval of
the request. The Planning Commission voted 8-0 to recommend approval.
Item Details:
The 2040 Comprehensive Plan, adopted in 2018, includes a Future Land Use Map ,
which aims to guide future development, redevelopment and rezoning proposals within
the planning area.
The Future Land Use Map describes the property located at 3 439 Main Avenue South
as Open Wetland. The Open Wetland future land use category is meant to be applied
to areas potentially impacted by wetlands or a high-water table. The property at 3439
Main Avenue South is not impacted by any delineated wetlands or floodplain; however,
based on the development suitability map the property is likely impacted by a high-water
table and relatively low and flat topography. This development constraint can be
mitigated by grading as necessary.
Existing zoning includes primarily Joint Jurisdiction (JJ) Agriculture to the north, south,
and east with Joint Jurisdiction Residence R-3A also to the south and west.
Future Land Use Map amendments are reviewed by the Planning Commission, who
makes a recommendation to approve or deny any requests. This recommendation is
then forwarded on the City Council who makes any map amendments via adopted
resolution.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities to prosperity.
Financial Consideration:
None.
Supporting Documentation:
Resolution
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Request Letter
Location Map
Future Land Use Map
Zoning Map
Floodplain Map
Suitability Map
RESOLUTION 25-065
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 from Open Wetland to Urban Medium Intensity; 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 the
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.
Dated this ____ day of _________, 2025.
CITY OF BROOKINGS, SD
___________________________
Oepke G. Niemeyer, Mayor
ATTEST:
___________________________
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 AMENDMENTS TO THE
2040 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on
an amendment to the 2040 Comprehensive Plan for the City of Brookings pertaining to
the future land use map on the following described real estate:
The South 226’ of the West 1,213.5’ of the North Half of the Northeast Quarter
excluding the West 288’ of the South 196’ thereof in Section Eleven, Township
One-hundred Nine, Range 50, Brookings County, South Dakota.
The request is to amend the future land use map from Open Wetland to Urban
Medium Intensity.
NOTICE IS FURTHER GIVEN That said public hearing will be held at 6:00 PM
on Tuesday, July 22, 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 in this matter.
Dated this 9th day of July, 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 AMENDMENTS TO THE
2040 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the Planning Commission will hold a public
hearing on an amendment to the 2040 Comprehensive Plan for the City of Brookings
pertaining to the future land use map on the following described real estate:
The South 226’ of the West 1,213.5’ of the North Half of the Northeast Quarter
excluding the West 288’ of the South 196’ thereof in Section Eleven, Township
One-hundred Nine, Range 50, Brookings County, South Dakota.
The request is to amend the future land use map from Open Wetland to Urban
Medium Intensity.
NOTICE IS FURTHER GIVEN That said public hearing will be held at 5:30 PM
on Tuesday, July 1, 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
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 18th day of June, 2025.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
July 1, 2025
OFFICIAL MINUTES
Vice Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday,
July 1, 2025, 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, Emily Braun, Billie Jo Hinrichs, Kyle
Jamison, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Scot Leddy was absent.
Also present were Community Development Director Michael Struck, City Planner Ryan Miller and
Associate Planner Bailey Maca. Also present were Janet Merriman, Benjamin Stout, Doris
Schumacher, Al Austreim, Rebecca Schmieding, Jeff Struwe, Johnnie Einspahr, Doug Austreim, Mike
McClemans and Justin Ruesch from the public.
Item #5d – Mark Hayes has submitted a Future Land Use Map revision request for 3439 Main Avenue
South. The request is to change the Future Land Use Map from Open Wetland to Urban Medium
Intensity. Staff recommends approval of the request.
(Schmeichel/Jamison) Motion to approve the future land use map amendments. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #5d – Mark Hayes has submitted a Future Land Use Map revision request for 3439 Main Avenue
South from Open Wetland to Urban Medium Intensity. The Open Wetland future land use category is
meant to be applied to areas potentially impacted by wetlands or a high-water table. The property is not
impacted by any delineated wetlands or floodplain, however, based on the development suitability map
the property is likely impacted by a high-water table and relatively low and flat topography. This
development constraint can be mitigated by grading as necessary. Existing zoning includes primarily
Joint Jurisdiction (JJ) Agriculture to the north, south and east with Joint Jurisdiction Residence R-3A
also to the south and west.
Schmeichel asked what zoning is allowable in Urban Medium Intensity. Miller stated that single
family, mixed use, commercial, etc with high connectivity is supported but it does not support higher
industrial zoning. Struck stated that Urban Medium Intensity is often associated with supporting B-3.
He explained that the new owner is seeking to clean up the site.
1Ryan Miller
From:Mark Hayes <hayes.markt@gmail.com>
Sent:Monday, May 19, 2025 11:54 AMTo:Ryan MillerSubject:Re: 3439 Main Ave SCAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yes. Urban Medium is the desired future land is map change. Mark > On May 19, 2025, at 11:19 AM, Ryan Miller <RMiller@cityofbrookings-sd.gov> wrote: > > Mark, > > In order to seek a B-3 zoning district, you would be looking at an Urban Medium Intensity on the Future Land Use Map. Please confirm that Urban Medium is your desired future land use map change. > > Thanks, > > Ryan > > RYAN MILLER, AICP > City Planner > Direct: 605.697.8632 > Office: 605.692.6629 > rmiller@cityofbrookings-sd.gov > > > > > **CONFIDENTIALITY NOTICE** This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, contains confidential information, and is legally privileged. If you are not the intended recipient, any retention, dissemination, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error, then delete it. > > > > -----Original Message----- > From: Mark Hayes <hayes.markt@gmail.com> > Sent: Monday, May 19, 2025 10:09 AM > To: Ryan Miller <RMiller@cityofbrookings-sd.gov> > Subject: 3439 Main Ave S > > CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
2> > > Ryan, > > I would like to start the process of updating the future land use map for 3429 Main Ave S. The Former Wes Auto Salvage business. > To be able to rezone the property to B-3. > > Thank you > > Mark > 612-219-9014
Location Map
Parcels
Brookings County Roads
5/29/2025, 9:12:06 AM
0 0.06 0.110.03 mi
0 0.09 0.170.04 km
1:4,514
ArcGIS Web AppBuilder
Urban Medium
Urban Medium
Urban Medium
Open Wetland
Future Land Use Map
Parcels
FLU_RDG
Open Wetland
Res LD
Res MD
Urban Medium
Brookings County Roads
5/29/2025, 9:14:55 AM
0 0.06 0.110.03 mi
0 0.09 0.170.04 km
1:4,514
ArcGIS Web AppBuilder
JJ-B3
JJ-R3A
JJ-R3A
JJ-B3
JJ-R1B
JJ-B3
JJ-R3A
JJ-R3A
Zoning Map
Parcels
Zoning
JJ-A
JJ-B3
JJ-R1B
JJ-R3A
Brookings County Roads
5/29/2025, 9:13:43 AM
0 0.06 0.110.03 mi
0 0.09 0.170.04 km
1:4,514
ArcGIS Web AppBuilder
Floodplain Map
Parcels
Floodplain Prelim Update
AE,
Brookings County Roads
5/29/2025, 9:19:17 AM
0 0.06 0.110.03 mi
0 0.09 0.170.04 km
1:4,514
ArcGIS Web AppBuilder
Suitability Map
Parcels
SuitabilityModel
Low Limitations
Moderate Limitations
Brookings County Roads
5/29/2025, 9:16:55 AM
0 0.06 0.110.03 mi
0 0.09 0.170.04 km
1:4,514
ArcGIS Web AppBuilder
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 25-0335,Version:1
Public Hearing and Action on a request to transfer an On-Off Sale Malt License, for 929-931 25 th
Avenue, from Dennis Bielfeldt, owner, Den Wil Hospitality Group, Inc., dba Wilbert’s, to Matt
Chapman, owner, Domellie’s LLC, dba Domellie’s.
Summary and Recommended Action:
The City of Brookings has received an application to transfer the On-Off Sale Malt License, for 929-
931 25th Avenue, Dennis Bielfeldt, owner, Den Wil Hospitality Group, Inc., dba The Lodge, to Matt
Chapman, owner, Domellie’s LLC, dba Domellie’s. Legal description: Lot 3 and 3A, Block 2,
Telkamp Addition. Staff recommends approval.
Attachments:
Memo
Legal Notice
City Code and SDCL References
Location Map
City of Brookings Printed on 7/18/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: July 22, 2025
Subject: On-Off Sale Malt License Transfer: 929-931 25th Avenue
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, for 929-931 25th Avenue, Dennis Bielfeldt, owner, Den Wil Hospitality Group,
Inc., dba Wilbert’s, to Matt Chapman, owner, Domellie’s LLC, dba Domellie’s. 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.
This is an application to transfer the On-Off Sale Malt License from Dennis Bielfeldt,
owner, Den Wil Hospitality Group, Inc., dba Wilbert’s, to Matt Chapman, owner,
Domellie’s LLC, dba Domellie’s. Legal description: Lot 3 and 3A, Block 2, Telkamp
Addition.
If approved, the On-Off Sale Malt 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;
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.)
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, and On-Off Sale Wine License
Domellie’s LLC
NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City
of Brookings, South Dakota, on July 22, 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 On-Sale
Restaurant Liquor Operating Agreement, the On-Off Sale Malt License, and the
On-Off Wine License from Den Wil Hospitality, Dennis Bielfeldt, owner, to
Domellie’s LLC, Matt Chapman, owner, 929-931 25th Avenue, Brookings, South
Dakota, legal description: Lot 3 and 3A, Block 2, 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 11th day of July, 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.
Brookings County, SD
Developed by
Parcel ID 405950020000300
Sec/Twp/Rng --
Property Address 931 25TH AVE
BROOKINGS
Alternate ID n/a
Class NADC
Acreage n/a
Owner Address SND LLC
910 4TH ST
BROOKINGS SD 57006
District 4001
Brief Tax Description TELKAMP ADDITION, LOT 3A BLK 2 2.24 ACRES
(Note: Not to be used on legal documents)
Date created: 7/11/2025
Last Data Uploaded: 7/11/2025 1:03:46 AM
493 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 25-060,Version:1
Public Hearing and Action on Resolution 25-060, a Resolution authorizing the City Manager to enter
into a 10-year On-Off Sale Wine Operating Agreement with Matt Chapman, Domellie’s LLC, dba
Domellie’s.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution authorizing the City Manager to enter into a
10-year Wine Operating Agreement, with a 5-year mid-term renewal, with Matt Chapman, Domellie’s
LLC, dba Domellie’s.
Matt Chapman, Domellie’s LLC, dba Domellie’s has applied to transfer the existing On-Off Sale Wine
License from Dennis Bielfeldt, owner, Den Wil Hospitality LLC, dba Wilbert’s / Comfort Inn & Suites.
Location: 929-931 25th Avenue.
Legal Description: Lot 3 and 3A, Block 2, Telkamp Addition.
Attachments:
Resolution
Operating Agreement
Location Map
Legal Notice
City of Brookings Printed on 7/21/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: July 22, 2025
Subject: Resolution 25-060: Wine Operating Agreement, 10-year
Agreement – Domellie’s
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution authorizing the City Manager to
enter into a 10-year Wine Operating Agreement, with a 5-year mid-term renewal, with
Matt Chapman, Domellie’s LLC, dba Domellie’s.
Item Details:
Matt Chapman, Domellie’s LLC, dba Domellie’s has applied to transfer the existing On-
Off Sale Wine License from Dennis Bielfeldt, owner, Den Wil Hospitality LLC, dba
Wilbert’s / Comfort Inn & Suites.
Location: 929-931 25th Avenue.
Legal Description: Lot 3 and 3A, Block 2, Telkamp Addition
The City of Brookings enters into On-Off Sale Wine Operating Agreements for a 10-year
period, with a mid-term renewal at five years. This Resolution would allow the City
Manager to enter into the 10-year agreement. This license would be effective upon SD
Department of Revenue approval and license issuance, and subject to an annual
renewal.
A public hearing and action by the local governing body is required to approve all alcohol
licenses.
Legal Consideration:
None.
Strategic Plan Consideration:
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:
License Transfer Fee: $150, payable to the City of Brookings
Supporting Documentation:
Resolution
Operating Agreement
Location Map
Legal Notice
RESOLUTION 25-060
ON-SALE WINE OPERATING AGREEMENT – 10-YEAR AGREEMENT
MATT CHAPMAN, DOMELLIE’S LLC
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves an Operating Alcohol Management Agreement for Wine between the City of
Brookings and Matt Chapman, owner, Domellie’s LLC, dba Domellie’s, for the purpose
of an alcohol manager to operate the on-sale establishment or business for and on
behalf of the City of Brookings at 929-931 25th Avenue. Legal description: Lot 3 and
3A, Block 2, Telkamp Addition, City of Brookings, Brookings County, South Dakota.
NOW, THEREFORE, 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 22nd day of July, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
ON-SALE WINE OPERATING AGREEMENT – 10-year agreement
Matt Chapman, Domellie’s LLC, dba Domellie’s
THIS AGREEMENT is 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 Matt Chapman, owner, Domellie’s LLC, dba Domellie’s hereinafter
referred to as “Manager.” The City and Manager are referred to as the “parties” herein.
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-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 -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 to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance
with all of the terms and conditions of this Agreement, and 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 -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-sale establishment shall be located upon real property in the City of Brookings,
South Dakota, described as:
Lot 3 and 3A, Block 2, Telkamp Addition, City of Brookings, Brookings County,
South Dakota
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off -
Sale establishment.
V.
This Agreement constitutes a renewal of the current Operating Agreement and shall be
in full force and effect for a period of five (5) years.
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-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 the premises as above
described.
VIII.
The Manager shall pay in a timely manner 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 Manager
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 pre-numbered 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, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The paym ent 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 amo unt 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 which are eligible to be returned, 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 the cost of 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-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 against
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; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
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-sale license.
XVII.
The City has 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-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 which is
effective this 22nd day of July, 2025.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST: Paul Briseno, City Manager
Bonnie Foster, City Clerk
MANAGER
By:
NOTICE OF PUBLIC HEARING
Transfer of a Full-Service Restaurant Liquor Operating Agreement and
On-Off Sale Malt License, and On-Off Sale Wine License
Domellie’s LLC
NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City
of Brookings, South Dakota, on July 22, 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 On-Sale
Restaurant Liquor Operating Agreement, the On-Off Sale Malt License, and the
On-Off Wine License from Den Wil Hospitality, Dennis Bielfeldt, owner, to
Domellie’s LLC, Matt Chapman, owner, 929-931 25th Avenue, Brookings, South
Dakota, legal description: Lot 3 and 3A, Block 2, 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 11th day of July, 2025.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $
Brookings County, SD
Developed by
Parcel ID 405950020000300
Sec/Twp/Rng --
Property Address 931 25TH AVE
BROOKINGS
Alternate ID n/a
Class NADC
Acreage n/a
Owner Address SND LLC
910 4TH ST
BROOKINGS SD 57006
District 4001
Brief Tax Description TELKAMP ADDITION, LOT 3A BLK 2 2.24 ACRES
(Note: Not to be used on legal documents)
Date created: 7/11/2025
Last Data Uploaded: 7/11/2025 1:03:46 AM
493 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 25-067,Version:1
Public Hearing and Action on Resolution 25-067, a Resolution authorizing the City Manager to enter
into a 10-year On-Sale Convention Liquor Operating Agreement with Matt Chapman, Domellie’s LLC,
dba Domellie’s.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution authorizing the City Manager to enter into a
10-year On-Sale Convention Liquor Operating Agreement, with a 5-year mid-term renewal, with Matt
Chapman, Domellie’s LLC, dba Domellie’s.
Matt Chapman, Domellie’s LLC, dba Domellie’s has applied to transfer the existing On-Sale
Convention Liquor License from Dennis Bielfeldt, owner, Den Wil Hospitality LLC, dba Wilbert’s /
Comfort Inn & Suites.
Location: 929-931 25th Avenue.
Legal Description: Lot 3 and 3A, Block 2, Telkamp Addition.
Attachments:
Resolution
Operating Agreement
Location Map
Legal Notice
City of Brookings Printed on 7/21/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: July 22, 2025
Subject: Resolution 25-067: On-Sale Convention Liquor Operating
Agreement, 10-year Agreement – Domellie’s
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution authorizing the City Manager to
enter into a 10-year On-Sale Convention Liquor Operating Agreement, with a 5-year
mid-term renewal, with Matt Chapman, Domellie’s LLC, dba Domellie’s.
Item Details:
Matt Chapman, Domellie’s LLC, dba Domellie’s has applied to transfer the existing On -
Sale Convention Liquor License from Dennis Bielfeldt, owner, Den Wil Hospitality LLC,
dba Wilbert’s / Comfort Inn & Suites.
Location: 929-931 25th Avenue.
Legal Description: Lot 3 and 3A, Block 2, Telkamp Addition
The City of Brookings enters into On-Sale Convention Liquor Operating Agreements for
a 10-year period, with a mid-term renewal at five years. This Resolution would allow the
City Manager to enter into the 10-year agreement. This license would be effective upon
SD Department of Revenue approval and license issuance, and subject to an annual
renewal.
A public hearing and action by the local governing body is required to approve all alcohol
licenses.
Legal Consideration:
None.
Strategic Plan Consideration:
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:
License Transfer Fee: $150, payable to the City of Brookings
Supporting Documentation:
Resolution
Operating Agreement
Location Map
Legal Notice
RESOLUTION 25-067
ON-SALE CONVENTION LIQUOR OPERATING AGREEMENT –
10-YEAR AGREEMENT
MATT CHAPMAN, DOMELLIE’S LLC
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves an Operating Alcohol Management Agreement for Convention Liquor between
the City of Brookings and Matt Chapman, owner, Domellie’s LLC, dba Domellie’s, for
the purpose of an alcohol manager to operate the on-sale establishment or business for
and on behalf of the City of Brookings at 929-931 25th Avenue. Legal description: Lot 3
and 3A, Block 2, Telkamp Addition, City of Brookings, Brookings County, South Dakota.
NOW, THEREFORE, 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 22nd day of July, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
ON-SALE CONVENTION LIQUOR OPERATING AGREEMENT – 10-year agreement
Matt Chapman, Domellie’s LLC, dba Domellie’s
THIS AGREEMENT is 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 Matt Chapman, owner, Domellie’s LLC, dba Domellie’s hereinafter
referred to as “Manager.” The City and Manager are referred to as the “parties” herein.
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-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 -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 to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance
with all of the terms and conditions of this Agreement, and 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 -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-sale establishment shall be located upon real property in the City of Brookings,
South Dakota, described as:
Lot 3 and 3A, Block 2, Telkamp Addition, City of Brookings, Brookings County,
South Dakota
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off -
Sale establishment.
V.
This Agreement constitutes a renewal of the current Operating Agreement and shall be
in full force and effect for a period of five (5) years.
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-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 the premises as above
described.
VIII.
The Manager shall pay in a timely manner 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 t he 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 t his
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 Manager
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 pre-numbered 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, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 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 which are eligible to be returned, 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 the cost of 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-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 against
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; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
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-sale license.
XVII.
The City has 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-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 which is
effective this 22nd day of July, 2025.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST: Paul Briseno, City Manager
Bonnie Foster, City Clerk
MANAGER
By:
NOTICE OF PUBLIC HEARING
Transfer of a Full-Service Restaurant Liquor Operating Agreement and
On-Off Sale Malt License, and On-Off Sale Wine License
Domellie’s LLC
NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City
of Brookings, South Dakota, on July 22, 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 On-Sale
Restaurant Liquor Operating Agreement, the On-Off Sale Malt License, and the
On-Off Wine License from Den Wil Hospitality, Dennis Bielfeldt, owner, to
Domellie’s LLC, Matt Chapman, owner, 929-931 25th Avenue, Brookings, South
Dakota, legal description: Lot 3 and 3A, Block 2, 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 11th day of July, 2025.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $
Brookings County, SD
Developed by
Parcel ID 405950020000300
Sec/Twp/Rng --
Property Address 931 25TH AVE
BROOKINGS
Alternate ID n/a
Class NADC
Acreage n/a
Owner Address SND LLC
910 4TH ST
BROOKINGS SD 57006
District 4001
Brief Tax Description TELKAMP ADDITION, LOT 3A BLK 2 2.24 ACRES
(Note: Not to be used on legal documents)
Date created: 7/11/2025
Last Data Uploaded: 7/11/2025 1:03:46 AM
493 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 25-0332,Version:1
City of Brookings Progress Report.
Summary:
Samantha Beckman, Assistant to the City Manager, will provide a progress report highlighting the
City’s activities and projects.
Attachments:
Progress Report
City of Brookings Printed on 7/18/2025Page 1 of 1
powered by Legistar™
Progress Report July 2025
Police
•Special Olympics Torch Run
•Community Policing
•Safety Town
•Bike Rodeo
•July 4th Parade
•Brookings Summer Arts Festival
Brookings Public
Library
•Summer Reading Program
•1,062 Registered
https://www.brookingslibrary.org/
•Life-Sized Trivial Pursuit
•August
Public Works
Engineering Division
•Airport Parallel Taxiway Project
•Opening this week
•12th St S Shared-Use Trail Project
•Concrete sidewalks poured
•To be completed by August
•Main Ave S & 12th St S Traffic Signal &
Ramp Project
•Traffic signals are operational
•To be completed in August
•Asphalt Maintenance Project
•To be completed by October
Public Works
Street Division
•Mosquito Update
•Fogging
•Larvicide
Dacotah Bank Center
•Uncle Sam Jam
•2,126 attendees
•4-H Achievement Days
•July 28-31
•Facility Update
•Restroom Renovations
Parks,Recreation
&Forestry
•All in One Weekend –40,000+ in our Parks!
•Brookings Summer Arts Festival
•Buffalo Wild Wings Tournament
•Brookings Tennis Tournament
•Brookings Horseshoe Tournament
•Hillcrest Aquatic Center (normal operations)
Mayor’s Awards
Now Accepting Nominations!
•Mayor’s Most Inspirational Leadership Award
•Mayor’s Generational Leadership Award
•Dorothy & Eugene T. Butler Human Rights Award
•Human Rights Commission Youth Award
•All due August 1
•Disability Awareness Committee’s A.B.L.E. and EMPOWER Awards
•Due July 23
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 25-0333,Version:1
Executive Session, pursuant to SDCL 1-25-2.4, for preparing for contract negotiations or negotiating
with employees or employee representatives; SDCL 1-25-2.3, for consulting with legal counsel or
reviewing communications from legal counsel about proposed or pending litigation or contractual
matters; and SDCL 1-25-2.5, for discussing marketing or pricing strategies by a board or commission
of a business owned by the state or any of its political subdivisions, when public discussion may be
harmful to the competitive position of the business.
SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1)Discussing the qualifications, competence, performance, character or fitness of any public
officer or employee or prospective public officer or employee. The term, employee, does not
include any independent contractor;
2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of
a student or the eligibility of a student to participate in interscholastic activities provided by the
South Dakota High School Activities Association;
3)Consulting with legal counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters;
4)Preparing for contract negotiations or negotiating with employees or employee
representatives;
5)Discussing marketing or pricing strategies by a board or commission of a business owned by
the state or any of its political subdivisions, when public discussion may be harmful to the
competitive position of the business; or
6)Discussing information pertaining to the protection of public or private property and any person
on or within public or private property specific to:
a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal
acts;
b.Emergency management or response;
c.Public safety information that would create a substantial likelihood of endangering
public safety or property, if disclosed;
d.Cyber security plans, computer, communications network schema, passwords, or user
identification names;
e.Guard schedules;
f.Lock combinations;
g.Any blueprint, building plan, or infrastructure record regarding any building or facility
that would expose or create vulnerability through disclosure of the location,
configuration, or security of critical systems of the building or facility; and
h.Any emergency or disaster response plans or protocols, safety or security audits or
reviews, or lists of emergency or disaster response personnel or material; any location
or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other
military or law enforcement equipment or personnel.
However, any official action concerning the matters pursuant to this section shall be made at an open
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official meeting. An executive or closed meeting must be held only upon a majority vote of the
members of the public body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents
an executive or closed meeting if the federal or state Constitution or the federal or state statutes
require or permit it. A violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019,
ch 2, § 1; SL 2022, ch 4, § 2.
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