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Home My WebLink About2025_08_26 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, August 26, 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 25-03755.A. Page 1 City of Brookings August 26, 2025City Council Meeting Agenda - Final 8/12/2025 CC MinutesAttachments: Action on an appointment to the Historic Preservation Commission: Walker Kropuenske ID 25-03765.B. MemoAttachments: Action on Resolution 25-068, a Resolution declaring surplus property for the City of Brookings. RES 25-0685.C. Memo Resolution Attachments: Action on Resolution 25-074, a Resolution authorizing the City Manager to enter into an On-Sale Liquor Operating Agreement with Den Wil Hospitality Group, Inc., dba The End Zone. RES 25-0745.D. Memo Resolution Operating Agreement Location Map Attachments: Action on Resolution 25-073, a Resolution Awarding Bids on the 2025-2026 Contractor Snow Removal Equipment Contracts. RES 25-0735.E. Memo Resolution Attachments: Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. ID 25-03875.F. Memo SDCL 35-4-124 Attachments: 6. Presentations/Reports: Introduction of promoted City of Brookings employee.ID 25-03506.A. Legislative History 8/12/25 City Council no action taken Report: SDSU Student Association.ID 25-03856.B. 7. Contracts/Change Orders: NONE 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 25-030, an Ordinance ORD 25-0308.A. Page 2 City of Brookings August 26, 2025City Council Meeting Agenda - Final Certifying the 2026 City of Brookings Property Tax Levy to the Brookings County Finance Officer. Second Reading and Action: September 9, 2025. Memo Ordinance Attachments: Introduction and First Reading on Ordinance 25-031, an Ordinance Authorizing Budget Amendment No. 7 to the 2025 Budget. Second Reading and Action: September 9, 2025. ORD 25-0318.B. Memo Ordinance Attachments: 9. Public Hearings and Second Readings: Second Reading and Action on Ordinance 25-029, an Ordinance Authorizing Budget Amendment No. 6 to the 2025 Budget. ORD 25-0299.A. Memo Ordinance Attachments: Action: Motion, Request Public Comment, Roll Call Legislative History 8/12/25 City Council read into the record Public Hearing and Action on a request to transfer an On-Off Sale Malt License, for 4300 South Main Avenue, from Edwin Alvarez, owner, Yessica’s LLC, to Rebeca Maria Sala, owner, Qiubo Restaurant LLC. ID 25-03459.B. 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 25-070, a Resolution authorizing the City Manager to enter into a 10-year On-Off Sale Wine Operating Agreement with Rebeca Maria Salas, Qiubo Restaurant LLC. RES 25-0709.C. 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 25-026411. Page 3 City of Brookings August 26, 2025City Council Meeting Agenda - Final 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. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager Brookings City Council Staff: Paul M. Briseno, City Manager Bonnie Foster, City Clerk J. Vincent Jones, Attorney-at-Law, Woods, Fuller, Shultz and Smith P.C. Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 4 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 25-0375,Version:1 Action to approve City Council meeting minutes. Attachments: 08/12/2025 City Council Minutes City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL August 12, 2025 (unapproved) The Brookings City Council held a meeting Tuesday, August 12, 2025 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Wayne Avery, Brianna Doran, Lisa Hager, Bonny Specker, Holly Tilton Byrne, and Nick Wendell. City Manager Paul Briseno, City Attorney J. Vincent Jones, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Mayor Niemeyer, seconded by Council Member Tilton Byrne, that Item #5F, Action on Resolution 25-072, a Resolution designating the Official Newspaper, be removed from the agenda. The motion carried by the following vote: Yes: 7 - Tilton Byrne, Specker, Hager, Avery, Doran, Niemeyer, and Wendell. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that the agenda be approved, as amended. The motion carried by the following vote: Yes: 7 - Tilton Byrne, Specker, Hager, Avery, Doran, Niemeyer, and Wendell. Open Forum. Josh Linehan, former Brookings Register Editor, shared he is beginning the process for a new start-up newspaper to serve the Brookings community. Sean Sarvis, former Huron Daily Plainsman publisher, shared details of a potential buyer for the 4 newspapers in South Dakota which were recently closed (The Brookings Register, The Huron Plainsman, the Redfield Press, and the Moody County Enterprise). The buyer is intending to publish a paper as early as the end of this week. Their goal is to honor existing subscribers and clientele, and want to continue to serve the Brookings community. Doug Austreim complimented City staff on the work being done with 6 -Mile Creek. Consent Agenda. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, 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 July 22, 2025 City Council Minutes. B. Action to abate property taxes in the amount of $246.69 for Parcel #40090- 01300-007-00, also known as 1307 Breckenridge Lane. Legal description: Block 13, Lot 7, Camelot Square Addition. C. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders: Sodexo Catering (License Holder RB-28249 and RW -28251): SDSU TL25-074, SDSU TL25-075, SDSU TL25-076, SDSU TL25-077, and SDSU TL25-078. D. Action on Resolution 25-071, a Resolution declaring surplus property for the City of Brookings. RESOLUTION 25-071 - DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Department: 2022 Ford Explorer, VIN: 1FM5K8A9NGA50310. 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. E. Action on an appointment to the Brookings Human Rights Commission: Mark Aberle (term expires 1/1/2028). Proclamation: A Day to Celebrate the Cultures of Our Community. Mayor Niemeyer presented a Proclamation recognizing Wednesday, August 20th, as A Day to Celebrate the Cultures of Our Community. The following individuals from the Brookings Multi-Cultural Center accepted the proclamation: Amanda Fickes, Michele Dudash, Heidi Briseno, Marilyn Hildreth, and Christie Delfanian. MAYORAL PROCLAMATION WHEREAS, the Brookings Multicultural Center supports a thriving international community that contributes to the high quality of life and provides a vital economic impact to the Brookings area; and WHEREAS, Brookings has greatly benefited from the contributions of international faculty, students, and their families, who bring valuable enrichment to our community. Today, the presence of 850 international students from 81 countries enrolled at South Dakota State University continues to positively impact Brookings by fostering cross-cultural understanding, supporting the local economy, and enhancing the educational environment for all; and WHEREAS, the Brookings Multicultural Center and the South Dakota State University Office of International Affairs will hold the 4th Annual International Ice Cream Social and Community Fair to welcome international faculty and students and their families to our community and all who would like to join us to celebrate this event. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Wednesday, August 20, 2025 as A Day To Celebrate the Cultures of Our Community. Report: 2024 Annual Comprehensive Financial Report and Audit Summary. Brian Stavenger, Eide Bailly, presented the 2024 Annual Comprehensive Financial Report and Audit Summary. Reports: City Council Ex-Officio Reports. A Brookings Municipal Utilities Board was given by Council Members Avery and Specker. A Brookings Health System Board of Trustees Report was not presented. Council Member Wendell provided an update on the Economic Development Merger. FIRST READING – Ordinance 25-029. Introduction and First Reading was held on Ordinance 25-029, an Ordinance Authorizing Budget Amendment No. 6 to the 2025 Budget. Second Reading and Action: August 26, 2025. Ordinance 25-027. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Ordinance 25-027, an Ordinance Authorizing Budget Amendment No. 5 to the 2025 Budget, be approved. The motion carried by the following vote: Yes: 7 - Tilton Byrne, Specker, Hager, Avery, Doran, Niemeyer, and Wendell. Ordinance 25-024. A motion was made by Council Member Specker, seconded by Council Member Doran, that Ordinance 25-024, an Ordinance Establishing a Citizen’s Request for Reconsideration Policy Appeal Process, be approved. The motion carried by the following vote: Yes: 7 - Tilton Byrne, Specker, Hager, Avery, Doran, Niemeyer, and Wendell. Ordinance 25-023. A public hearing was held on Ordinance 25-023, an Ordinance Amending Chapter 94, Article VI, Division 6, pertaining to Section 94-505, Regulations relating to Cannabis Dispensaries. A motion was made by Council Member Wendell, seconded by Council Member Specker, that Ordinance 25-023 be approved. The motion carried by the following vote: Yes: 7 - Tilton Byrne, Specker, Hager, Avery, Doran, Niemeyer, and Wendell. Ordinance 25-025. A public hearing was held 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). A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Ordinance 25-025 be approved. Public Comment: Doug Austreim. The motion carried by the following vote: Yes: 7 - Tilton Byrne, Specker, Hager, Avery, Doran, Niemeyer, and Wendell. Ordinance 25-026. A public hearing was held 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). A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Ordinance 25-026 be approved. The motion carried by the following vote: Yes: 7 - Tilton Byrne, Specker, Hager, Avery, Doran, Niemeyer, and Wendell. Preliminary Plat. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that a Preliminary Plat of Block 1 of Legacy Addition, be approved. The motion carried by the following vote: Yes: 7 - Tilton Byrne, Specker, Hager, Avery, Doran, Niemeyer, and Wendell. Executive Session. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, to enter into Executive Session at 7:04 p.m., pursuant to 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. The motion carried by a unanimous vote. A motion was made by Council Member Wendell, seconded by Council Member Doran, to exit Executive Session at 8:10 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 8:10 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 25-0376,Version:1 Action on an appointment to the Historic Preservation Commission: Walker Kropuenske Summary and Recommended Action: Mayor Niemeyer recommends the appointment of Walker Kropuenske to the Historic Preservation Commission. Attachments: Memo City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: August 26, 2025 Subject: Volunteer Board Appointment: Historic Preservation Commission Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Mayor Niemeyer recommends the appointment of Walker Kropuenske to the Historic Preservation Commission. Item Details: As per City Council Citizen Advisory Board Policy, the Mayor, with consent of the Council, will make all appointments to Citizen Advisory Boards. The purpose of the Brookings Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. The Mayor recommends the appointment of the following individual to the Historic Preservation Commission:  Walker Kropuenske (term expires 1/1/2026) *filling unexpired term Legal Consideration: None. Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  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: None 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 25-068,Version:1 Action on Resolution 25-068, 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 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: August 26, 2025 Subject: Resolution 25-068: 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: Fire Department: 2003 Ford F150, VIN: 1FTFW1T81PKE83495. Police Department: #73 Blue Huffy Rockcreek, Serial #5630109524LB; #72 Purple Trek Mountain Tack, Serial #C45B1327; #57 Black and Blue Unknown, Serial #6S14507766; #4100 Silver Unknown, Serial #N/A; #41 Teal Huffy Rockcreek, Serial #5S31913524LB; #4098 Blue and White Huffy RC All Terrain, Serial #5630105924; #4064 Red Trek Moutain Track, Serial #N/A; #39 Huffy Rockcreek, Serial #5631914424LB; #22 Black Huffy Cranbrook, Serial #5643928023Y; #2074 White and Blue Huffy Cranbrook, Serial #HTC3024823; #2055 Purple and Silver Schwinn Sidewinder, Serial #N/A; #14 Purple Huffy Rockcreek, Serial #SNHT21C18157; #1027 Blue and Silver Huffy Rockcreek, Serial #SNHBT23D07351; #0600 Gray and Teal Schwinn Quest Omega, Serial #N/A; #0056 Gray Huffy Rockcreek, Serial #SNHTM9AA12208; #0047 Maroon Roadmaster Elevation, Serial #S1H0107331; #0030 Black and Green Gary Fisher Shimano, Serial #00TD201990. Parks & Recreation Department: Railroad sign. Brookings Regional Landfill: 1996 Cat 140H Blade, Serial #2ZK00669; 2 - 1998 Wildcat Semi Trailer Dolley; 2014 John Deere 950J Dozer, Serial #1LU950JXPZT013827; 2015 All Purpose Spraying Machine, CAPS Model 1200EL-514-08 Trailer, Serial #24514. 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 25-068 DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Fire Department: 2003 Ford F150, VIN: 1FTFW1T81PKE83495. Police Department: #73 Blue Huffy Rockcreek, Serial #5630109524LB; #72 Purple Trek Mountain Tack, Serial #C45B1327; #57 Black and Blue Unknown, Serial #6S14507766; #4100 Silver Unknown, Serial #N/A; #41 Teal Huffy Rockcreek, Serial #5S31913524LB; #4098 Blue and White Huffy R C All Terrain, Serial #5630105924; #4064 Red Trek Moutain Track, Serial #N/A; #39 Huffy Rockcreek, Serial #5631914424LB; #22 Black Huffy Cranbrook, Serial #5643928023Y; #2074 White and Blue Huffy Cranbrook, Serial #HTC3024823; #2055 Purple and Silver Schwinn Sidewinder, Serial #N/A; #14 Purple Huffy Rockcreek, Serial #SNHT21C18157; #1027 Blue and Silver Huffy Rockcreek, Serial #SNHBT23D07351; #0600 Gray and Teal Schwinn Quest Omega, Serial #N/A; #0056 Gray Huffy Rockcreek, Serial #SNHTM9AA12208; #0047 Maroo n Roadmaster Elevation, Serial #S1H0107331; #0030 Black and Green Gary Fisher Shimano, Serial #00TD201990; #0028 Purple and Silver Magna Great Divide, Serial #03TD1088704; #0018 Blue and Green Ridgeland, Serial #N/A; #0012 Red and White Huffy Trailrunner, Serial #N/A; #0008 Gray Schwinn, Serial #N/A. Parks & Recreation Department: Railroad sign. Brookings Regional Landfill: 1996 Cat 140H Blade, Serial #2ZK00669; 2 - 1998 Wildcat Semi Trailer Dolley; 2014 John Deere 950J Dozer, Serial #1LU950JXPZT013827; 2015 All Purpose Spraying Machine, CAPS Model 1200EL-514-08 Trailer, Serial #24514. 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 26th day of August, 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 #:RES 25-074,Version:1 Action on Resolution 25-074, a Resolution authorizing the City Manager to enter into an On-Sale Liquor Operating Agreement with Den Wil Hospitality Group, Inc., dba The End Zone. Summary: Staff recommends approval of the proposed Resolution authorizing the City Manager to enter into an On-Sale Liquor Operating Agreement with Den Wil Hospitality Group, Inc., dba The End Zone, Dennis Bielfeldt, owner, address: 2515 6th Street. Attachments: Memo Resolution Operating Agreement Location Map City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: August 26, 2025 Subject: Resolution 25-074: On-Sale Liquor Operating Agreement, Den Wil Hospitality Group, Inc., dba The End Zone Person(s) Responsible: Bonnie Foster, City Clerk Summary: Staff recommends approval of the proposed Resolution authorizing the City Manager to enter into an On-Sale Liquor Operating Agreement with Den Wil Hospitality Group, Inc., dba The End Zone, Dennis Bielfeldt, owner, address: 2515 6th Street. Item Details: Den-Wil Hospitality Group, Inc., has submitted an application to change the dba on the On-Sale Liquor Operating Agreement for 2515 6th Street. Den Wil Hospitality Group, Inc., will remain as the alcoholic beverage license holder; however the dba will be changing from The Lodge to The End Zone. The City of Brookings enters into On-Sale Liquor Operating Agreements for a 10-year period, with a mid-term renewal at five years. Approval of the proposed Resolution will allow the City Manager to enter into a new On-Sale Liquor Operating Agreement with Den Wil Hospitality Group, Inc., dba The End Zone, for 2515 6th Street. A mid-term renewal will be conducted at 5-years (2030). License holder: Den-Wil Hospitality Group, Inc. License #: RR-26776 DBA: The End Zone Location: 2515 6th Street Legal Description: Block 12, Telkamp Addition. Following council approval, the State Department of Revenue will be notified of the dba change for this license. Legal Considerations: 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: Resolution Operating Agreement Location Map RESOLUTION 25-074 ON-SALE LIQUOR OPERATING AGREEMENT – 10-YEAR AGREEMENT DEN WIL HOSPITALITY GROUP, INC., DBA THE END ZONE 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 Dennis Bielfeldt, owner, Den Wil Hospitality Group, Inc., dba The End Zone, 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 2515 6th Street. Legal description: Block 12, 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 26th day of August, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT Den-Wil Hospitality, Inc., dba The End Zone 10-year Agreement THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Den-Wil Hospitality, Inc., Dennis Bielfeldt, owner, The End Zone, 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: 1. 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. 2. 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. 3. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: Block 12, Telkamp Addition, City of Brookings, Brookings County, South Dakota 4. The Manager shall dispense only alcoholic beverages supplied by the Municipal off -sale establishment. 5. This Agreement shall be in full force and effect for a period of five (5) years with the Manager having the option and privilege of one five (5) year extension, subject to the approval of the governing body of the City of Brookings. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 fe e shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. 11. 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. 12. 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. 13. 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. 14. 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. 15. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. 16. 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. 17. 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. 18. 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. 19. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 26th day of August, 2025. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: Paul Briseno, City Manager ATTEST: Bonnie Foster, City Clerk MANAGER By: Operating Agreement / Business Owner Representative B rook ings County, SD Developed by Par cel ID 405950120000000 Sec/T wp/Rng -- Pr oper ty Address 2515 6TH ST BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address 25TH AVE LL C 910 4TH ST BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption TEL KAMP ADDITION, BLK 12 4.89 AC (Note: Not to be used on leg a l documents) Date created: 12/13/2022 Last Data Uploa ded: 12/13/2022 8:08:47 AM 390 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels 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 25-073,Version:1 Action on Resolution 25-073, a Resolution Awarding Bids on the 2025-2026 Contractor Snow Removal Equipment Contracts. Summary and Recommended Action: Staff recommends approval of the proposed resolution to award the 2025-2026 Contractor Snow Removal Equipment Contracts, which provides the best value for the City as determined by cost per cubic yard. Attachments: Memo Resolution City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Jeremy Linstad, Street Manager Council Meeting: August 26, 2025 Subject: Resolution 25-073: Bid Award - 2025-2026 Contractor Snow Removal Equipment Contracts Presenter: Jeremy Linstad, Street Manager Summary and Recommended Action: Staff recommends approval of the proposed Resolution to award the 2025-2026 Contractor Snow Removal Equipment Contracts. Item Details: The City of Brookings, Public Works Department - Street Division maintains over 300 lane miles of streets and alleys. The city uses contractors to assist in the snow removal efforts. This assistance augments City equipment and staff, traditionally in residential neighborhoods. The city opened bids on Tuesday, August 12, 2025 at 1:30 p.m. at the City & County Government Center. The following bids were received. (Ranked in order of call-out, based on best value per equipment.) Five (5) Motor Graders with Wing: Six (6) bids received. 1. Bowes Construction, Inc. CAT140M $255.00/hour 2. Bowes Construction, Inc. CAT140M $255.00/hour 3. Austreim Excavating, LLC JD 772CH $255.00/hour 4. Austreim Excavating, LLC JD 770G $255.00/hour 5. Austreim Excavating, LLC JD 772 G $255.00/hour 6. Bowes Construction, Inc. CAT140M $240.00/hour (no wing) One (1) 3 to 6 Yard Loader: Four (4) bids received. 1. Winter Contracting, LLC 644K 4.5CY $198.00/hour 2. Winter Contracting, LLC 624K 3.5CY $154.00/hour 3. Bowes Construction, Inc CAT966M 5CY $220.00/hour 4. Bowes Construction, Inc CAT950M 4CY $195.00/hour Four (4) Loaders with Reversible Blades: Four (4) bids received. 1. Bowes Construction, Inc. CAT938K $230.00/hour 2. Austreim Excavating, LLC JD544K $255.00/hour 3. Austreim Excavating, LLC JD544K II $255.00/hour 4. Austreim Excavating, LLC 624K $255.00/hour Four (4) End-Dump Trucks: Twelve (12) bids received. 1. Winter Contracting LLC #14 23.00CY $145.00/hour 2. Prussman Contracting Inc. #19 22.80CY $145.00/hour 3. Prussman Contracting Inc. #20 22.80CY $145.00/hour 4. Austreim Excavating, LLC #28 22.20CY $144.00/hour 5. Austreim Excavating, LLC #29 22.20CY $144.00/hour 6. Prussman Contracting Inc. #22 22.20CY $145.00/hour 7. Prussman Contracting Inc. #21 20.60CY $145.00/hour 8. Prussman Contracting Inc. #23 19.50CY $145.00/hour 9. Bowes Construction, Inc. T-1 12.00CY $145.00/hour 10. Bowes Construction, Inc. T-28 12.00CY $145.00/hour 11. Bowes Construction, Inc. T-29 12.00CY $145.00/hour 12. Bowes Construction, Inc. T-30 12.00CY $145.00/hour Six (6) Side-Dump Trucks: Twelve (12) bids received. 1. Winter Contracting LLC #10 34CY $179.00/hour 2. Winter Contracting LLC #12 34CY $179.00/hour 3. Winter Contracting LLC #15 34CY $179.00/hour 4. Austreim Excavating, LLC #27 25CY $164.00/hour 5. Austreim Excavating, LLC #37 25CY $164.00/hour 6. Austreim Excavating, LLC #23 25CY $164.00/hour 7. Bowes Construction, Inc. T-5 17CY $170.00/hour 8. Bowes Construction, Inc. T-11 17CY $170.00/hour 9. Bowes Construction, Inc. T-12 17CY $170.00/hour 10. Bowes Construction, Inc. T-18 17CY $170.00/hour 11. Bowes Construction, Inc. T-31 17CY $170.00/hour 12. Bowes Construction, Inc. T-32 17CY $170.00/hour Bids per contractor fluctuated between a 8% decrease and up to a 4% increase as compared to 2024-2025. Staff will utilize contractors, as needed, to assist in snow removal operations . Contractors will be contacted in order of best value, as determined by cost per cubic yard or hourly cost. Legal Consideration: None. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service.  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement.  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: The 2025 adopted budget, fund 431 – Streets, includes $108,200 in appropriations for contracted snow removal operations. The expense for snow removal services for the 2024-2025 season was approximately $37,000 due to the extremely light winter. Supporting Documentation: Memo Resolution RESOLUTION 25-073 RESOLUTION AWARDING BID FOR 2025-2026 CONTRACTOR SNOW REMOVAL EQUIPMENT CONTRACTS WHEREAS, the City of Brookings opened bids for Snow Removal Equipment on Tuesday, August 12, 2025 at 1:30 pm at the Brookings City and County Government Center; and WHEREAS, the City of Brookings received the following bids for Snow Removal Equipment: Five (5) Motor Graders with Wing: Six (6) bids received. 1. Bowes Construction, Inc. CAT140M $255.00/hour 2. Bowes Construction, Inc. CAT140M $255.00/hour 3. Austreim Excavating, LLC JD 772CH $255.00/hour 4. Austreim Excavating, LLC JD 770G $255.00/hour 5. Austreim Excavating, LLC JD 772 G $255.00/hour 6. Bowes Construction, Inc. CAT140M $240.00/hour (no wing) One (1) 3 to 6 Yard Loader: Four (4) bids received. 1. Winter Contracting, LLC 644K 4.5CY $198.00/hour 2. Winter Contracting, LLC 624K 3.5CY $154.00/hour 3. Bowes Construction, Inc CAT966M 5CY $220.00/hour 4. Bowes Construction, Inc CAT950M 4CY $195.00/hour Four (4) Loaders with Reversible Blades: Four (4) bids received. 1. Bowes Construction, Inc. CAT938K $230.00/hour 2. Austreim Excavating, LLC JD544K $255.00/hour 3. Austreim Excavating, LLC JD544K II $255.00/hour 4. Austreim Excavating, LLC 624K $255.00/hour Four (4) End-Dump Trucks: Twelve (12) bids received. 1. Winter Contracting LLC #14 23.00CY $145.00/hour 2. Prussman Contracting Inc. #19 22.80CY $145.00/hour 3. Prussman Contracting Inc. #20 22.80CY $145.00/hour 4. Austreim Excavating, LLC #28 22.20CY $144.00/hour 5. Austreim Excavating, LLC #29 22.20CY $144.00/hour 6. Prussman Contracting Inc. #22 22.20CY $145.00/hour 7. Prussman Contracting Inc. #21 20.60CY $145.00/hour 8. Prussman Contracting Inc. #23 19.50CY $145.00/hour 9. Bowes Construction, Inc. T1 12.00CY $145.00/hour 10. Bowes Construction, Inc. T28 12.00CY $145.00/hour 11. Bowes Construction, Inc. T29 12.00CY $145.00/hour 12. Bowes Construction, Inc. T30 12.00CY $145.00/hour Six (6) Side-Dump Trucks: Twelve (12) bids received. 1. Winter Contracting LLC #10 34CY $179.00/hour 2. Winter Contracting LLC #12 34CY $179.00/hour 3. Winter Contracting LLC #15 34CY $179.00/hour 4. Austreim Excavating, LLC #27 25CY $164.00/hour 5. Austreim Excavating, LLC #37 25CY $164.00/hour 6. Austreim Excavating, LLC #23 25CY $164.00/hour 7. Bowes Construction, Inc. T-5 17CY $170.00/hour 8. Bowes Construction, Inc. T-11 17CY $170.00/hour 9. Bowes Construction, Inc. T-12 17CY $170.00/hour 10. Bowes Construction, Inc. T-18 17CY $170.00/hour 11. Bowes Construction, Inc. T-31 17CY $170.00/hour 12. Bowes Construction, Inc. T-32 17CY $170.00/hour NOW , THEREFORE, BE IT RESOLVED, that all bids be accepted. Passed and Approved this 26th day of August, 2025. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0387,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 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: August 26, 2025 Subject: Special Event / Temporary Alcoholic Beverage License Requests Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License request s for existing on-sale alcoholic beverage license holders. Item Details: South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic beverage licenses require action by the governing body for all Temporary Alcoholic Beverage License Applications. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the lice nse holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on -sale alcoholic beverage license. Licenses issued are event specific. The event duration cannot exceed 15 days. Staff requests approval for the following special event / temporary alcoholic beverage license from:  Sodexo Catering (License Holder RB-28249 and RW -28251): o SDSU TL25-079 (12/4) – Nordic Yule Market Sip and Shop (SD Art Museum) o SDSU TL25-080 (9/25) – Daktronics event (Dana J Dykhouse Stadium – Club 71) Legal Consideration: None Strategic Plan Consideration: Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage licenses keeps the process transparent in the amount of revenue generated and the number of licenses issued annually. Financial Consideration: Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date NOTE: event date can be up to 15 days in length. Supporting Documentation: State Law 35-4-124 35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or county may issue: 1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; 2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant; 3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4- 2(4) or (6) in addition to any other licenses held by the special events license applicant; 4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee; 5) A special off-sale package wine dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; 6) A special off-sale package malt beverage dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; or 7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on-sale alcoholic beverage license. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1; SL 2024, ch 149, § 1. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0350,Version:1 Introduction of promoted City of Brookings employee. The following City of Brookings Fire Department supervisory employee will be introduced to the City Council and public: ·Jeremy Scott, Deputy Fire Chief Biography Jeremy Scott - Fire Department - Promotion to Deputy Fire Chief The Brookings Fire Department is pleased to announce the promotion of Jeremy Scott to Deputy Fire Chief. Jeremy is a graduate of South Dakota State University where he earned a Bachelor’s of Science Degree. He has been a member of the Brookings Fire Department for 25 years. Jeremy first came to work for the City of Brookings in 2006 at the Brookings Regional Airport, and later transferred into the Fire Department as their first Office/Shop Manager in 2016. In 2020, he again changed roles within the Fire Department when he became the departments first and only Certified SD Fire Inspector. Jeremy is also a FIT certified IAAI Fire Investigator Technician, a Certified EMT, and a Fire & Rescue Technician. In February 2024, Jeremy was appointed to serve as the Interim Deputy Fire Chief. The role was a natural fit, and Jeremy excelled. Jeremy’s long tenured service, education, training, and outstanding performance while serving as the Interim Deputy Fire Chief, were the deciding factors in promoting him to Deputy Fire Chief. Jeremy brings a wealth of knowledge and experience to the Deputy Chief Position. He is a hard worker who consistently puts the needs of others first. Throughout his long fire service career, he has served with honor and conducted himself in a way which serves as a role model for younger department members to emulate. Jeremy lives in Brookings with his wife DeShawn, who is an elementary teacher at St. Thomas Moore. Their daughter Ashton is home for the summer after graduating from Augustana University, but will soon depart for Philadelphia where she will enter the master’s program at Salus University. Please join us in congratulating Jeremy on his promotion to Deputy Chief. City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0385,Version:1 Report: SDSU Student Association. Summary: SDSU SA Government Affairs Chair, Anna Hundt, will provide an update on SDSU happenings to the City Council and members of the public. My name is Anna Hundt. I am from Cashton, Wisconsin just outside of La Crosse. I am a sophomore at SDSU studying Political Science and History with a Legal Studies minor and a Pre- Law track. I am currently on track to graduate in December of 2027. I hope to attend law school back in Wisconsin after I graduate to practice estate, LLC, and land law as an attorney. Though not originally from South Dakota, I was able to serve as an intern for the South Dakota Legislature for their 100th session. I served under Representative Bethany Soye in the House of Representatives. I enjoyed my time there thoroughly and hope to return in some capacity throughout my undergraduate career. At SDSU, I am involved in the Political Science Club, Pre-Law Society, the Newman Centr, Honors College, and currently serve as the Treasurer of College Republicans. The Students' Association is comprised of all General Activity Fee-paying students at South Dakota State University. The Students' Association Senate is the official student government organization at SDSU, consisting of 26 senators representing each of the academic colleges and the student body president and vice president. The Students' Association Senate serves as a representative body to bring the voice of SDSU students to university administration, faculty, staff, state legislators and the South Dakota Board of Regents of Higher Education. The Students' Association also allocates student fee funds to support various campus entities, facilities and many student organizations. SDSU SA Website:<https://www.sdstate.edu/students-association> City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 25-030,Version:1 Introduction and First Reading on Ordinance 25-030, an Ordinance Certifying the 2026 City of Brookings Property Tax Levy to the Brookings County Finance Officer. Second Reading and Action: September 9, 2025. Summary and Recommended Action: Staff recommends approval of this ordinance to certify the 2026 Property Tax Levy request in the amount of $4,408,219 to the Brookings County Finance Officer per SDCL 9-21-20. Attachments: Memo Ordinance City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: August 26, 2025 / September 9, 2025 Subject: Ordinance 25-030: Certifying the 2026 Property Tax Levy Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of the proposed Ordinance to certify the 2026 Property Tax Levy request in the amount of $4,408,219 to the Brookings County Finance Officer per SDCL 9-21-20. Item Details: SDCL 9-21-20 requires municipalities certify tax levies included in the annual appropriation ordinance to the County Finance Officer, and SDCL 10-13-35.4 limits the maximum revenue amount payable to the amount certified the previous year plus a percentage increase based on new construction growth and the consumer price index. The calculation for the 2026 property tax levy was calculated as follows: Previous year certified amount: $4,198,703 Growth Factor (2.09%): 87,753 Consumer Price Index Factor (2.9%): 121,763 Total Tax Levy: $4,408,219 Legal Consideration: None. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service.  Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: The City will increase property tax revenues by the growth and consumer price index factors to support General Fund objectives. Supporting Documentation: Ordinance ORDINANCE 25-030 AN ORDINANCE CERTIFYING THE 2026 CITY OF BROOKINGS PROPERTY TAX LEVY TO THE BROOKINGS COUNTY FINANCE OFFICER. BE IT ORDAINED by the governing body of the City of Brookings, South Dakota that the City Manager is hereby directed to certify the following amount of property tax levy to the County Finance Officer of Brookings County, South Dakota, in the manner provided by law. General Fund $4,408,219 FIRST READING: August 26, 2025 SECOND READING: September 9, 2025 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 25-031,Version:1 Introduction and First Reading on Ordinance 25-031, an Ordinance Authorizing Budget Amendment No. 7 to the 2025 Budget. Second Reading and Action: September 9, 2025. Summary and Recommended Action: Staff recommends approval of this budget amendment to transfer $100,000 in General Fund reserves to a Capital Project Fund to initiate the engineering and soil testing for the downtown fire station. Attachments: Memo Ordinance City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: August 26, 2025 Subject: Ordinance 25-031: Amendment No. 7 to the 2025 Budget Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of this budget amendment to transfer $100,000 in General Fund reserves to a Capital Project Fund to initiate the engineering and soil testing for replacing the Downtown Fire Station. Item Details: Downtown Fire Station – Capital Project Fund Allocation: $100,000. To support engineering and soil testing activities to replace the Downtown Fire Station. A transfer of $100,000 from General Fund reserves to a new Capital Project Fund. This funding will allow for architectural and engineering work, cost estimating, and alignment on scope and budget. According to the preliminary schedule, council/public presentations and community engagement design will occur this fall, with bidding planned for early next spring pending site determination. Legal Consideration: As per State Statute (SDCL 9-21-7), municipalities may approve supplemental appropriations when sufficient fund balance exists and the amendment is necessary to address operational and capital needs. This action aligns with state law and internal financial policies. 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: Transfer of $100,000 from General Fund Reserves to the Fire Facility Capital Project Fund. It also establishes $100,000 in expenditure budget authority for the project. Supporting Documentation: Ordinance ORDINANCE 25-031 AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 7 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 Reserves 101-000-7-899-05 Transfer Out $100,000 Fire Facility Capital Project Fund 535-000-6-700-00 Transfer In $100,000 Fire Facility Capital Project Fund 535-000-5-422-03 Consulting & Engineering $100,000 All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: August 26, 2025 SECOND READING: September 9, 2025 PUBLISHED: CITY OF BROOKINGS _______________________________ 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 25-029,Version:2 Second Reading and Action on Ordinance 25-029, an Ordinance Authorizing Budget Amendment No. 6 to the 2025 Budget. Summary and Recommended Action: Staff recommends approval of this budget amendment to recognize grant revenue and allocate resources for strategic initiatives: 1.Acceptance of a $120,000 Lowe’s Hometown grant for improvements to the Brookings Public Library. 2.Allocation of $54,900 for design and development services by Johnson Controls, Inc. (JCI) for a future chiller replacement project. Attachments: Memo Ordinance City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: August 12, 2025 / August 26, 2025 Subject: Ordinance 25-029: Amendment No. 6 to the 2025 Budget Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of the proposed budget amendment to recognize grant revenue and allocate resources for strategic initiatives: 1. Acceptance of a $120,000 Lowe’s Hometown grant for improvements to the Brookings Public Library. 2. Allocation of $54,900 for design and development services by Johnson Controls, Inc. (JCI) for a future chiller replacement project. Item Details: 1. Brookings Public Library – Lowe’s Hometown Grant ($120,000) The City has been awarded a $120,000 grant through the Lowe’s Hometown program to enhance the children’s and teen spaces at the Brookings Public Library. This funding will replace the 25-year-old shelving and support the creation of more welcoming and functional youth areas. The project is expected to be completed by mid-November 2025. 2. Chiller Replacement Project – Preliminary Development Agreement ($54,900) The City has entered into a preliminary development agreement (PDA) with Johnson Controls, Inc. (JCI) to conduct engineering and development work related to the replacement of the City and County Administrative Building’s chiller system. This phase will define design parameters, scope, and cost structure for a turnkey replacement project proposal to be considered by the Council later this year. The PDA only obligates the City to the initial $54,900. It is important to note the City and Brookings County will share these costs at 48% and 52%, respectively, for which Brookings County will reimburse the City for its share. This action has been approved by the Joint Powers Board and County Commission. Legal Consideration: Per SDCL 9-21-7, municipalities may approve supplemental appropriations when sufficient fund balance exists and the amendment is necessary to address operational and capital needs. This action aligns with state law and internal financial policies. 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: Part 1 increases both the grant revenue budget and the grant expenditure budget in the General Fund Library Department by $120,000. No local funds are required, and the project will be fully funded by the Lowe’s grant. Part 2 transfers Buildings Sinking Funds and budget authority from the CIP Fund to the General Fund for the City’s portion of $26,352 or 48 percent. The 52 percent Brookings County Portion of $28,548 will be recognized as revenues for the reimbursed expens e, and the total budget of $54,900 will be recognized as a capital expenditure in the City and County Administration Department budget in the General Fund. Supporting Documentation: Ordinance ORDINANCE 25-029 AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 6 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/(Decrease) Amount General Fund/Library 101-455-4-334-09 Grants $120,000 General Fund/Library 101-455-5-367-01 Grant Expenditures $120,000 General Fund/CITCO 101-420-4-441-08 Reimbursed Expense $28,548 General Fund/CITCO 101-420-5-911-00 Buildings & Structures $54,900 CIP Sinking Fund 213-405-5-911-00 Buildings ($26,352) CIP Sinking Fund 213-405-7-899-00 Transfer Out $26,352 General Fund 101-000-6-700-03 Transfer In $26,352 All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: August 12, 2025 SECOND READING: August 26, 2025 PUBLISHED: August 28, 2025 CITY OF BROOKINGS, SD _______________________________ Oepke G. Niemeyer, Mayor ATTEST: _______________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0345,Version:1 Public Hearing and Action on a request to transfer an On-Off Sale Malt License, for 4300 South Main Avenue, from Edwin Alvarez, owner, Yessica’s LLC, to Rebeca Maria Sala, owner, Qiubo Restaurant LLC. Summary and Recommended Action: The City of Brookings has received an application to transfer the On-Off Sale Malt License, for 4300 South Main Avenue, from Edwin Alvarez, owner, Yessica’s LLC, to Rebeca Maria Sala, owner, Qiubo Restaurant LLC. Legal description:Lot 1, excluding the South 92 feet of the West 40 feet, Block 3, Fishback Second Addition. Staff recommends approval. Attachments: Memo Legal Notice City Code and SDCL References Location Map City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: August 12, 2025 Subject: On-Off Sale Malt License Transfer: 4300 Main Avenue South 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 4300 South Main Avenue, from Edwin Alvarez, owner, Yessica’s LLC, to Rebeca Maria Sala, owner, Qiubo Restaurant LLC. 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 Edwin Alvarez, owner, Yessica’s LLC, to Rebeca Maria Sala, owner, Qiubo Restaurant LLC. Legal description: Lot 1, excluding the South 92 feet of the West 40 feet, Block 3, Fishback Second 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 On-Off Sale Malt License and On-Off Sale Wine License Qiubo Restaurant NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of Brookings, South Dakota, on August 26, 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 On-Off Sale Malt License and the On-Off Wine License from Edwin Alvarez, owner, Yessica’s LLC, to Rebeca Maria Salas, owner, Qiubo Restaurant LLC, 4300 South Main Avenue, Brookings, South Dakota, legal description: Lot 1, excluding the South 92 feet of the West 40 feet, Block 3, Fishback Second 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 15th 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 401670030000100 Sec/Twp/Rng -- Property Address 1301 TRAIL RIDGE RD BROOKINGS Alternate ID n/a Class NADC Acreage n/a Owner Address DEN-WIL INVESTMENTS INC 910 4TH ST BROOKINGS SD 57006 District 4001 Brief Tax Description FISHBACK SECOND ADDN, LOT 1 EXC S92' OF W 40' BLK 3 .79 ACRE GALLERIA I (Note: Not to be used on legal documents) Date created: 7/25/2025 Last Data Uploaded: 7/25/2025 1:05:28 AM 220 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 25-070,Version:1 Public Hearing and Action on Resolution 25-070, a Resolution authorizing the City Manager to enter into a 10-year On-Off Sale Wine Operating Agreement with Rebeca Maria Salas, Qiubo Restaurant LLC. 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 Rebeca Maria Salas, Qiubo Restaurant LLC. Rebeca Maria Salas, Qiubo Restaurant LLC,has applied to transfer the existing On-Off Sale Wine License from Edwin Alvarez, owner, Yessica’s LLC. Location: 4300 South Main Avenue Legal Description:Lot 1, excluding the South 92 feet of the West 40 feet, Block 3, Fishback Second Addition Attachments: Resolution Operating Agreement Location Map Legal Notice City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: August 12, 2025 Subject: Resolution 25-070: Wine Operating Agreement, 10-year Agreement – Qiubo Restaurant 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 Rebeca Maria Salas, Qiubo Restaurant LLC. Item Details: Rebeca Maria Salas, Qiubo Restaurant LLC, has applied to transfer the existing On-Off Sale Wine License from Edwin Alvarez, owner, Yessica’s LLC. Location: 4300 South Main Avenue Legal Description: Lot 1, excluding the South 92 feet of the West 40 feet, Block 3, Fishback Second 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 25-070 ON-SALE WINE OPERATING AGREEMENT – 10-YEAR AGREEMENT REBECA MARIA SALAS, QIUBO RESTAURANT 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 Rebeca Maria Salas, owner, Qiubo Restaurant LLC, 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 4300 Main Avenue South. Legal description: Lot 1, excluding the South 92 feet of the West 40 feet, Block 3, Fishback Second 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 12th day of August, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE WINE OPERATING AGREEMENT – 10-year agreement Rebeca Maria Salas, Qiubo Restaurant LLC 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 Rebeca Maria Salas, owner, Qiubo Restaurant LLC, 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 1, excluding the South 92 feet of the West 40 feet, Block 3, Fishback Second 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 th e 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 bevera ges 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 t he 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 ta xes. 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 12th day of August, 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 On-Off Sale Malt License and On-Off Sale Wine License Qiubo Restaurant NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of Brookings, South Dakota, on August 12, 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 On-Off Sale Malt License and the On-Off Wine License from Edwin Alvarez, owner, Yessica’s LLC, to Rebeca Maria Salas, owner, Qiubo Restaurant LLC, 4300 South Main Avenue, Brookings, South Dakota, legal description: Lot 1, excluding the South 92 feet of the West 40 feet, Block 3, Fishback Second 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 31st day of July, 2025. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ Brookings County, SD Developed by Parcel ID 401670030000100 Sec/Twp/Rng -- Property Address 1301 TRAIL RIDGE RD BROOKINGS Alternate ID n/a Class NADC Acreage n/a Owner Address DEN-WIL INVESTMENTS INC 910 4TH ST BROOKINGS SD 57006 District 4001 Brief Tax Description FISHBACK SECOND ADDN, LOT 1 EXC S92' OF W 40' BLK 3 .79 ACRE GALLERIA I (Note: Not to be used on legal documents) Date created: 7/25/2025 Last Data Uploaded: 7/25/2025 1:05:28 AM 220 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 25-0264,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/projects. Attachments: Progress Report City of Brookings Printed on 8/21/2025Page 1 of 1 powered by Legistar™ Progress Report August 2025 ●11 Event Days ●ALICE Training with Police Department ●Arena Restroom Renovations ●Upcoming Events: ○Cole Swindell ○Monster Truck Nitro Tour ○Chicago ○Mannheim Steamroller Christmas Dacotah Bank Center Engineering Division ●Completed Projects ○Airport Parallel Taxiway Project ○12th St S & Main Ave S Traffic Signal & Ramp Project ●Complete in August ○12th St S Shared-Use Path ●Complete in October ○20th St S Shared-Use Path ○2025 Asphalt Maintenance Project ○Arrowhead Park Trail & Drainage Improvements Public Works ●Community Policing ○Safety Town ○Downtown at Sundown ○National Night Out ●Citizens First Responder Academy ○Applications Due: September 1 ○Kickoff: September 4 ●Reminder ○Free Bicycle Registration Police Solid Waste Division ●Household Hazardous Waste Event ●Route Optimization Study Public Works ●Park Updates ○Arrowhead Park Trail Replacement ○Hillcrest Park Swing Replacement ○Hillcrest Aquatic Center Closed ○Rotary Park Trees ●Boulevard Ash Tree Removal & Replacements ●Edgebrook Golf Course Water Sourcing ●Dakota Nature Park Prescribed Burn ○Late September/Early October Parks, Recreation, & Forestry