Mayor, councilors to be sworn in

BROOKINGS – Ope Niemeyer will be sworn in as mayor of Brookings when the city council meets on Tuesday.

The meeting will begin at 6 p.m. Tuesday in the City & County Government Center. Also taking their oaths of office as council members will be Patty Bacon and Nick Wendell.

The council will consider awarding bids for construction, rezoning and alcohol licenses.

The agenda, along with all attachments and memos, is available on the city’s website.


The council will consider a bid of $109,532 from Timmons Construction for Alternative B with 8 inches of reinforced concrete pavement on the Swiftel pavement reconstruction project.

The bid is 36% lower than the engineer’s estimate of $172,842, according to the attachment to the agenda. The project will be constructed this year and will be completed by the end of October 2021.


The council will consider rezoning 21625 471st Ave. from a Joint Agriculture (JJ-A) District and Joint Jurisdiction Resident (JJ-R1B) Single-family District to a Joint Jurisdiction Business (JJ-B3) Heavy District.

“COD Investments LLC has purchased a 33.48 acre parcel of land near the s-curve on Main Avenue South (corner of 216th Street and 471st Avenue). The applicant is requesting to rezone the property to Joint Jurisdiction Business (JJ-B3) Heavy District,” according to the attachment.

“The property is currently split zoned, with roughly 17 acres of the western half zoned JJ-A and roughly 16 acres of the eastern half zoned JJB-3. COD Investments LLC purchased the property in 2019 and now wishes to establish a use consistent with the JJB-3 allowable uses,” according to a memo by Ryan Miller, city planner.

“The property is located within the Open/Wetlands Land Use Classification in the Comprehensive Plan. While the open/wetlands classification is not highly supportive of a rezoning request to a higher use, there are minimal concerns with a potential rezone of this property,” according to Miller’s memo.

“As mentioned, half of the property is currently zoned Joint Jurisdiction R1-B which already allows a higher use than agriculture. Staff recommends cleaning up examples of split-zoning, therefore, a full rezone would be recommended. The property is surrounded by JJ-A with the exception of an adjacent JJR1-B across 471st Avenue to the northeast,” according to Miller’s memo. 

“The property is shown as having low to moderate development limitations according to the comprehensive plan’s development suitability model. Suitability factors include the presence of wetlands, depth to water, location within the floodplain, soil drainage class, slope of the land, land cover, and others,” according to Miller’s memo.

“The property is not located within the floodplain; however, factors of depth to water and soil conditions may be a concern. Such conditions could be mitigated for responsible development of the property,” according to Miller’s memo.

There are no legal considerations, but rezoning the property will promote economic growth by establishing a zoning district supportive of business opportunities, according to Miller’s memo.

Public hearings

The council will consider amending Chapter 15 of Ordinance 21-016, which deals with subdivision regulations.

The council will consider repealing Section 94-165 of Ordinance 21-017, which deals with SDSU Campus Edge Neighborhood Design Review Overlay District and replacing it with Commercial Corridor Design Review Overlay District.

Alcohol licenses

The council will consider licenses for on-off sale malt license and video lottery for Behrend Management, Casino 2000, for owner Brooks Behrend. 

The council will consider a transfer of licenses for on-off sale malt and video lottery from ERL LLC, dba The Depot, owners Kathy McClemans and Robb McClemans, to MG Oil Company, dba The Depot Casino, Marlyn Erickson and Troy Erickson, owners. 

The council will consider authorizing the city manager to enter into an operating agreement for an on-sale wine operating agreement for MG Oil Company, dba the Corner Pantry #19, Marlyn Erickson and Troy Erickson owners.

Transfer of money

The council will consider authorizing a supplemental appropriations transfer of city manager’s contingency funds in the amount of $10,000 to fund the annual Fourth of July fireworks display at the Swiftel Center. Due to COVID budget constraints, this initiative was not funded at the time the 2021 budget was approved, according to the attachment.

Contact Jodelle Greiner at [email protected]



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