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HomeMy WebLinkAbout2025_12_09 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 Chambers5:00 PMTuesday, December 9, 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. 5:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Executive Session Executive Session, pursuant to SDCL 1-25-2(1), for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. ID 25-05424.A. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 6:00 PM REGULAR MEETING 5. 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. Page 1 City of Brookings December 9, 2025City Council Meeting Agenda - Final 6. 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 25-05396.A. 11/25/2025 CC MinutesAttachments: Action on Resolution 25-102, a Resolution Awarding the Bid for Brookings Regional Landfill Farm Land Lease. RES 25-1026.B. Memo Resolution Map Attachments: 7. Presentations/Reports: Introduction of promoted City of Brookings employee.ID 25-05457.A. Report: SDSU Student Association.ID 25-05407.B. Reports: City Council Ex-Officio ReportsID 25-05417.C. Update: 3M/Solventum PFAS Mitigation PlanID 25-05387.D. Memo Presentation Attachments: 8. Contracts/Change Orders: Action on Resolution 25-101, a Resolution authorizing Change Order No. 1 for 2025-01SWR Sidewalk Maintenance Project; Brock Contracting. RES 25-1018.A. Memo Resolution Sidewalk Repair Locations Attachments: Action: Motion, Request Public Comment, Roll Call 9. 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. Page 2 City of Brookings December 9, 2025City Council Meeting Agenda - Final Introduction and First Reading on Ordinance 25-042, an Ordinance Authorizing Budget Amendment No. 9 to the 2025 Budget. Second Reading and Action: December 16, 2025. ORD 25-0429.A. Memo Ordinance Attachments: 10. Public Hearings and Second Readings: Public Hearing and Action on Ordinance 25-039, an Ordinance to Rezone Lot 3 of Block 2 of Telkamp Industrial Addition from an Industrial I-1R Restricted District to an Industrial I-1 Light District. ORD 25-03910.A. Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Zoning Map Future Land Use Map Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 11/25/25 City Council read into the record Public Hearing and Action on Ordinance 25-040, an Ordinance for a Conditional Use Permit to Establish an Office in a Residence R-2 Two-Family District (709 Main Avenue). ORD 25-04010.B. Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Conditional Use Permit Application Location Map Letter Site Plan Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 11/25/25 City Council read into the record Public Hearing and Action on Ordinance 25-041, an Ordinance to Rezone NE ¼ NW ¼ excluding Outlot A in Section 3-T109N-R50W from the Residential R-3 Apartment District to a Residential R-1A Single Family ORD 25-04110.C. Page 3 City of Brookings December 9, 2025City Council Meeting Agenda - Final District (1115 West 20th Street South). Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 11/25/25 City Council read into the record Second Reading and Action on Ordinance 25-037, an Ordinance Setting the Annual Election Date. (June) ORD 25-03710.D. Memo Ordinance 2026 City and School Election Calendar Attachments: Action: Motion, Request Public Comment, Roll Call Legislative History 11/25/25 City Council read into the record Second Reading and Action on Ordinance 25-038, an Ordinance Setting the Annual Election Date. (November) ORD 25-03810.E. Memo Ordinance 2026 City and School Election Calendar Attachments: Action: Motion, Request Public Comment, Roll Call Legislative History 11/25/25 City Council read into the record 11. Other Business: Action on Resolution 25-100, a Resolution Transferring City Manager Contingency Funds to City Departments. RES 25-10011.A. Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 25-099, a Resolution Transferring Capital Improvement Plan Sinking Funds. RES 25-09911.B. Page 4 City of Brookings December 9, 2025City Council Meeting Agenda - Final Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call Action on City Attorney Legal Services Agreement for 2026.ID 25-054411.C. Memo 2026 City Attorney Agreement Attachments: Action: Motion, Request Public Comment, Roll Call 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. Executive Session Executive Session, pursuant to SDCL 1-25-2(1), for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. ID 25-054313.A. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote Action on Resolution 25-104, a Resolution Amending the City Manager’s Contract for 2026. RES 25-10414. Memo Resolution 2018 Employment Agreement Attachments: Action: Motion, Request Public Comment, Roll Call 15. 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) Page 5 City of Brookings December 9, 2025City Council Meeting Agenda - Final Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 6 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0542,Version:1 Executive Session, pursuant to SDCL 1-25-2(1), for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3)Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4)Preparing for contract negotiations or negotiating with employees or employee representatives; 5)Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6)Discussing information pertaining to the protection of public or private property and any person on or within public or private property specific to: a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; b.Emergency management or response; c.Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; d.Cyber security plans, computer, communications network schema, passwords, or user identification names; e.Guard schedules; f.Lock combinations; g.Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and h.Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel. However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents City of Brookings Printed on 12/4/2025Page 1 of 2 powered by Legistar™ File #:ID 25-0542,Version:1 an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2. City of Brookings Printed on 12/4/2025Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0539,Version:1 Action to approve City Council meeting minutes. Attachments: 11/25/2025 City Council Minutes City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL November 25, 2025 (unapproved) The Brookings City Council held a meeting Tuesday, November 25, 2025 at 5:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, and Council Members Wayne Avery, Brianna Doran, Lisa Hager, Bonny Specker, and Holly Tilton Byrne. Absent: Council Member Nick Wendell. City Manager Paul Briseno, City Attorney J. Vince Jones, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne; Absent: 1 - Wendell. Executive Session. A motion was made by Council Member Tilton Byrne, seconded by Mayor Niemeyer, to enter into Executive Session at 5:01 p.m., pursuant to SDCL 1 - 25-2.1, for discussing the qualifications, competence, performance, character or fi tness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. The motion carried by a unanimous vote. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, to exit Executive Session at 5:55 p.m. The motion carried by a unanimous vote. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the consent agenda be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne; Absent: 1 - Wendell. A. Action to approve the November 18, 2025 City Council Minutes. B. Action on Volunteer Board, Committee, and Commission appointments: Board of Appeals: reappoint Paul Sahr (term expires 1/1/2029); new appointment Gabriel Lowe (term expires 1/1/2029). Brookings Disability Awareness Committee: reappoint Ali Teesdale (term expires 1/1/2029); reappoint Carrie Smith (term expires 1/1/2029); new appointment Lacy Knutson (term expires 1/1/2029); new appointment Jamy Shomaker (term expires 1/1/2027). Dacotah Bank Center Advisory Committee: reappoint Elena McKeown (term expires 1/1/2029); reappoint Jeff Holm (term expires 1/1/2029). Historic Preservation Commission: reappoint Walter Kropuenske (term expires 12/31/2028); reappoint Matthew Weiss (term expires 12/31/2028); reappoint Sandra Callies (term expires 12/31/2028). Human Rights Commission: reappoint Dianne Nagy (term expires 1/1/2029); reappoint Sydnie Peters (term expires 1/1/2029); new appointment Kamerra Brown (term expires 1/1/2029). Library Board: rReappoint Kathryn Miller (term expires 1/1/2029); new appointment Moriah Flanagan (term expires 1/1/2029). Planning Commission: reappoint Billie Jo Henrichs (term expires 12/31/2028); reappoint Scot Leddy (term expires 12/31/2028); reappoint Roger Solum (term expires 12/31/2028). Public Arts Commission: reappoint Donna Merkt (term expires 1/1/2029); new appointment Colton Runge (term expires 1/1/2029); new appointment Mark Stemwedel (term expires 1/1/2029). Sustainability Council: new appointment Bailey Tevedal (term expires 1/1/2029). C. Action on annual renewals for Medical Cannabis Establishment Licenses in the City of Brookings: The Flower Shop, LLC – 1004 6th Street; and Genesis Farms, LLC – 2035 Orchard Drive, #5. D. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders: Pints & Quarts (License Holder RL-19736): TL25-029 (12/04/2025) – KD Diamonds / KWD Ventures (1208 South Main Avenue) E. Action on Resolution 25-096, a Resolution declaring surplus property for the City of Brookings. RESOLUTION 25-096 - DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Community Development Dept.: misc. office furniture 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. Proclamation – Small Business Saturday. Mayor Niemeyer presented a Proclamation recognizing Small Business Saturday to Kirsten Gjesdal, Downtown Brookings Director, and Stephanie Mason, Brookings Economic Development Corporation. MAYORAL PROCLAMATION WHEREAS, the City of Brookings celebrates our local small businesses and the contributions they make to our local economy and community; and WHEREAS, according to the American Independent Business Alliance, spending at independent local businesses puts 3.5 times more money in the local economy as shopping at a chain store; and WHEREAS, according to the U.S. Chamber of Commerce, there are 33.2 million small businesses in the United States and they employ 61.6 million workers; and WHEREAS, the Saturday after Thanksgiving is Small Business Saturday in communities across the country. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Saturday, November 29, 2025 as Small Business Saturday, and urge residents to shop, dine, and support locally throughout the year. Presentation – Mass Notification System. Sherry Fuller Bordewyk, Public Information Officer, provided an overview of the City's new mass notifications and alerts software system which enhances communication efforts with citizens. A mass notification system is a communication tool that enables entities, such as local governments, to send messages simultaneously to a large number of subscribers. FIRST READING – Ordinance 25-039. Introduction and First Reading was held on Ordinance 25-039, an Ordinance to Rezone Lot 3 of Block 2 of Telkamp Industrial Addition from an Industrial I-1R Restricted District to an Industrial I-1 Light District. Public Hearing and Action: December 9, 2025. FIRST READING – Ordinance 25-040. Introduction and First Reading was held on Ordinance 25-040, an Ordinance for a Conditional Use Permit to Establish an Office in a Residence R-2 Two-Family District (709 Main Avenue). Public Hearing and Action: December 9, 2025. FIRST READING – Ordinance 25-041. Introduction and First Reading was held on Ordinance 25-041, an Ordinance to Rezone NE ¼ NW ¼ excluding Outlot A in Section 3-T109N-R50W from the Residential R-3 Apartment District to a Residential R-1A Single Family District (1115 West 20th Street South). Public Hearing and Action: December 9, 2025. FIRST READING – Ordinance 25-037. Introduction and First Reading was held on Ordinance 25-037, an Ordinance Setting the Annual Election Date. (June) Second Reading and Action: December 9, 2025. FIRST READING – Ordinance 25-038. Introduction and First Reading was held on Ordinance 25-038, an Ordinance Setting the Annual Election Date. (November) Second Reading and Action: December 9, 2025. Ordinance 25-036. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Ordinance 25-036, an Ordinance Authorizing Budget Amendment No. 8 to the 2025 Budget, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne; Absent: 1 - Wendell. Resolution 25-088. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 25-088, a Resolution to build a splash pad at the Fishback Soccer Complex, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne; Absent: 1 - Wendell. RESOLUTION 25-088 - RESOLUTION TO BUILD A SPLASH PAD AT FISHBACK SOCCER COMPLEX WHEREAS, the City of Brookings has determined a need for free outdoor aquatic play options; and WHEREAS, the City has budgeted funds to build a splash pad; and WHEREAS, the City has completed a Request for Proposals and will build a splash pad with Ascend Contracting in the amount of $684,000; and NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby authorizes the approval to build a splash pad at Fishback Soccer Complex. Progress Report. Samantha Beckman, Assistant to the City Manager, provided a progress report highlighting the City’s initiatives and projects. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that this meeting be adjourned at 7:04 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 #:RES 25-102,Version:2 Action on Resolution 25-102, a Resolution Awarding the Bid for Brookings Regional Landfill Farm Land Lease. Summary and Recommended Action: Staff recommends approval of the proposed resolution awarding the bid for the Hay Land Lease at the Brookings Regional Landfill to Dave Berndt for the high bid of $326 per acre. Attachments: Memo Resolution Map City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Kuhn, Solid Waste Manager Council Meeting: December 9, 2025 Subject: Resolution 25-102: Farm Land Lease Bid Award Presenter: Charlie Kuhn, Solid Waste Manager Summary and Recommended Action: Staff recommends approval of the proposed resolution awarding the bid for the Hay Land Lease at the Brookings Regional Landfill to Dave Berndt for the high bid of $326 per acre. Item Details: The Brookings Regional Landfill owns 310 acres of land at 4101 30th Street. There is a total of 115 acres leased out as farm land. The City held a bid letting on Tuesday, November 25, 2025 at 1:30 p.m. and received the following bids: Dave Berndt- $326/acre James Meyer- $307/acre 4J Farms- $270/acre Daniel Bauer- $182.51/acre Mr. Berndt’s high bid of $326 per acre is $99 per acre more than the current lease. The new lease will be for five (5) years, expiring December 31, 2030. There will be an annual 2% increase to the per acre price starting year 2 of the contract through the remainder of the term. Legal Consideration: The City Attorney has reviewed the proposed lease agreement. 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: If approved, the proposed lease will generate the following revenues per year of for fund 625 Landfill, account 625-000-4-848-12: Year 1- $37,490 at $326/acre Year 2- $38,239.80 at $332.52/acre Year 3- $39,004.55 at $339.17/acre Year 4- $39,784.25 at $345.25/acre Year 5- $41,308 at $359.20/acre Supporting Documentation: Resolution Map RESOLUTION 25-102 RESOLUTION AWARDING THE BID FOR BROOKINGS REGIONAL LANDFILL FARM LAND LEASE WHEREAS, the City of Brookings opened bids for the Brookings Regional Landfill Farm Land Lease on Tuesday, November 25, 2025 at 1:30 pm at the Brookings City & County Government Center; and WHEREAS, the City of Brookings received the following high bid for the Farm Land Lease: Dave Berndt in the amount of $326 per acre for 115 acres of farm land; and WHEREAS, the Brookings Regional Landfill will generate $195,826.60 of revenue through the duration of the lease. NOW, THEREFORE, BE IT RESOLVED that the high bid of $326/acre from Dave Berndt be accepted; and The City Manager or his designee is authorized to execute any associated agreement(s) to secure these services. Passed and Approved this 9th day of December, 2025. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk Farmland Lease Map- 115 acres 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 25-0545,Version:1 Introduction of promoted City of Brookings employee. The following City of Brookings supervisory employee will be introduced to the City Council and public: ·Samantha Beckman, Assistant City Manager Biography Samantha Beckman - Promotion to Assistant City Manager The City Manager is pleased to announce the promotion of Samantha Beckman to Assistant City Manager. Sam joined the City of Brookings 2023 after completing her Master of Public Service and Administration at Texas A&M, and she has quickly become a valued leader in the organization. Over the past two and a half years, she has led significant efforts, including the downtown Master Plan, co- led the 2026 Budget, and led several key policy and organizational initiatives. In her new role, Sam will oversee Information Technology, the Public Library, and the Public Information Office. City of Brookings Printed on 12/4/2025Page 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 25-0540,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 12/4/2025Page 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 25-0541,Version:1 Reports: City Council Ex-Officio Reports Summary: City Council Members, serving as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended at the first City Council meeting of the month. Brookings Municipal Utility Board: 1.Council Member Wayne Avery 2.Council Member Bonny Specker Brookings Health Systems Board of Trustees: 1.Council Member Brianna Doran 2.Council Member Lisa Hager City of Brookings Printed on 12/4/2025Page 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 25-0538,Version:1 Update: 3M/Solventum PFAS Mitigation Plan Summary and Recommended Action: In September of 2023, 3M presented all available information regarding the PFAS leakage from the Brookings Plant. The City Council requested periodic updates of current mitigation efforts. 3M and Solventum representatives will present known information about the existing leakage, ongoing testing, and continued mitigation. Attachments: Memo Presentation City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Paul Briseno, City Manager Council Meeting: December 9, 2025 Subject: Update: 3M/Solventum PFAS Mitigation Presenter: Jim Burkhardt, Solventum Plant Director Summary and Recommended Action: In September of 2023, 3M presented all available information regarding the PFAS leakage from the Brookings Plant. The City Council requested periodic updates of current mitigation efforts. Item Details: 3M and Solventum representatives will present known information about existing PFAS leakage, ongoing testing efforts, and any updates to their mitigation plans for the Brookings Plant. Legal Consideration: None. Strategic Plan Consideration:  Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: None. Supporting Documentation: Presentation 1© 3M 2025. All Rights Reserved. 3M Confidential. Solventum / 3M Council Update 9 December 2025 2© 3M 2025. All Rights Reserved. 3M Confidential. Key Topics •Water investigation history •Ongoing monitoring activities •Interim stormwater treatment •2025 work plan progress report 3© 3M 2025. All Rights Reserved. 3M Confidential. Water Investigation History August 2022 •Water leak in fire suppression water line discovered, reported to the state and repaired August 2022-present •Conducted multiple soil, groundwater, stormwater and surface water PFAS investigations under DANR supervision •Investigation results submitted in various reports to DANR and city of Brookings December 2024-Summer 2025 •Soil removal and installation of interim treatment system for stormwater on the west side of the site •Offsite monitoring well installation 4© 3M 2025. All Rights Reserved. 3M Confidential. •Conducted additional soil sampling west and northwest of plant near AFFF storage building and stormwater flow paths (May) •Established 3 new offsite nested monitoring groundwater wells located southeast of existing wells (August) 2025 Ongoing monitoring– Soil & Groundwater 5© 3M 2025. All Rights Reserved. 3M Confidential. 2025 Ongoing Sampling - Surface water 1 2 3 4 5 6 11 9 8 7 10 •Conducted additional surface water sampling (August) •Numbered circles indicate locations •2025 results will be compared to 2024 and available as part of April annual report 6© 3M 2025. All Rights Reserved. 3M Confidential. Groundwater sampling (Q1 & Q2) •Groundwater results for 1H 2025 consistent with historical data with no significant changes in groundwater levels •The highest levels continue to be the mid SW area where the natural direction of water leaves the property (green circle). •In conjunction with SD DANR we Implemented stormwater collection & treatment in this area that we will discuss in later slides 7© 3M 2025. All Rights Reserved. 3M Confidential. New 2025 Interim stormwater collection & treatment Oct 2024 began construction of a collection pond to improve stormwater and groundwater quality west of the facility •Removed impacted soils •Backfilled with clean soil •A berm or dam was built to hold back rainwater •Captured stormwater run through PFAS removal system before being released 8© 3M 2025. All Rights Reserved. 3M Confidential. Interim stormwater collection & treatment •Treatment system utilizes multimedia filters, bag filters, granulated activated carbon and resin •Approved by DANR as a Best Management Practices (BMP) for stormwater •Treated and discharged over 5.5 million gallons of stormwater with >99.9% PFAS removal rate since April 2025 •Improvement to surface water concentrations leaving site 9© 3M 2025. All Rights Reserved. 3M Confidential. 2025 Work Plan Progress •Addition of three new nested wells and quarterly groundwater monitoring from wells to further assess conditions – completed well installation •Develop a focused soil sampling and removal plan for soils around the AFFF storage building – sampling evaluation •Install interim stormwater treatment system – operational April 2025 •Further assessment of pumping rates and withdrawal volumes at offsite wells located within one mile of the site – ongoing •Evaluate local subsurface utilities that may affect groundwater flow – ongoing •Submittal (SD DANR, City of Brookings, BMU) of annual groundwater monitoring report to summarize ongoing assessments and monitoring – due April 2026 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 25-101,Version:1 Action on Resolution 25-101, a Resolution authorizing Change Order No. 1 for 2025-01SWR Sidewalk Maintenance Project; Brock Contracting. Summary: Staff recommends approval of the proposed Resolution to close out the 2025-01SWR Sidewalk Maintenance Project with Brock Contracting. Attachments: Memo Resolution Sidewalk Repair Locations City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Richter, City Engineer Council Meeting: December 9, 2025 Subject: Resolution 25-101: Change Order #1 for Project 2025- 01SWR Sidewalk Maintenance Project Person(s) Responsible: Charlie Richter, City Engineer Summary and Staff Recommendation: Staff recommends approval of the proposed Resolution to close out the 2025 -01SWR Sidewalk Maintenance Project with Brock Contracting. This increases the contract by $9,640.00 for tree-damaged sidewalks and additional sidewalk replacements. Item Details: The 2025-01SWR Sidewalk Maintenance Project is complete. The proposed resolution is the final balancing change order for the project which increases the contract awarded to Brock Contracting in the amount of $9,640.00 (18%). The increased amount is for additional homeowner sidewalks replaced and for boulevard tree damaged sidewalks which were identified after the bid was let. This year’s unit contract price was approximately 53% lower than previous years pricing. The favorable price the City received for this year’s sidewalk maintenance project encouraged staff to perform these repairs under this contract in a timely fashion. This project is part of the annual sidewalk inspection project and entails replacement of trip hazard sidewalks throughout the community. The trip hazards replaced in this project includes both property owner and City responsible hazards. Sidewalk repairs will be assessed at a later City Council Meeting. The 2025-01SWR Sidewalk Maintenance contract with Brock Contracting will be adjusted to account for the measured as-built quantities as follows: Original Contract Amount $52,738.75 Change Order #1 $ 9,649.00 Adjusted Contract Amount $62,387.75 Legal Consideration: None. Strategic Plan Consideration: Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment. Financial Consideration: Sufficient appropriations exist in the 2025 Fiscal Year Budget in Fund 213 Capital Projects and in Fund 280 Special Assessments. Supporting Documentation: Resolution Sidewalk Repair Map RESOLUTION 25-101 RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR PROJECT 2025-01SWR: SIDEWALK MAINTENANCE PROJECT WHEREAS, the City of Brookings opened bids for the 2025-01SWR Sidewalk Maintenance Project on Tuesday, June 17, 2025 at 1:30 pm at the Brookings City and County Government Center; and WHEREAS, the City of Brookings awarded Brock Contracting the contract for 2025- 01SWR Sidewalk Maintenance project for their low bid of $52,738.75 at the July 8, 2025 City Council Meeting. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That Change Order 1 totaling $9,649.00 for additional work be approved; and 2. The City Manager is authorized to sign the change order. Passed and Approved this 9th day of December, 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 #:ORD 25-042,Version:1 Introduction and First Reading on Ordinance 25-042, an Ordinance Authorizing Budget Amendment No. 9 to the 2025 Budget. Second Reading and Action: December 16, 2025. Summary and Recommended Action: Staff recommends approval of this budget amendment to reflect new revenues and corresponding expenditures in the 2025 budget, as well as an allocation of General Fund reserves for ancillary costs related to a previously approved capital purchase. Attachments: Memo Ordinance City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: December 9, 2025 / December 16, 2025 Subject: Ordinance 25-042: Amendment No. 9 to the 2025 Budget Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of this budget amendment to reflect new revenues and corresponding expenditures in the 2025 budget, as well as an allocation of General Fund reserves for ancillary costs related to a previously approved c apital purchase. Item Details: This amendment includes the following components: 1. Fire Insurance Premium Reversion - $54,254 The State of South Dakota collects a 1% fee on fire insurance premiums and disburses these funds to counties for distribution to fire departments. Historically, the City has used this funding to support the volunteer firefighter retirement plan. This amendment recognizes the increased revenue of $54,254 and corresponding expenditure for the same amount. 2. South Dakota Community Foundation Pass-Through Grant - $20,000 The City received a grant from the South Dakota Community Foundation in the amount of $20,000 to be passed through to the Brookings Area Chamber of Commerce. This amendment recognizes both the grant revenue and the related expenditure. 3. Ancillary Costs for Downtown Parking Lot Acquisition $45,500 The City previously identified the acquisition of a downtown parking lot as a purchase to be funded by the City Council Financial Policy Projects Fund (Unassigned General Fund Reserves). This amendment allocates $45,500 from General Fund reserves to cover environmental testing, rental fees, and other administrative and closing costs associated with the acquisition. These expenses are in addition to the property purchase previously approved by the Council. Legal Consideration: Per SDCL 9-21-7, municipalities may adopt supplemental appropriations when additional revenues or reserves are available to fund unforeseen expenditures. 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: This ordinance authorizes the following adjustments to the 2025 budget:  Increase of $54,254 in both revenue and expenditure for the Fire Insurance Premium Reversion.  Increase of $20,000 in both revenue and expenditure for the South Dakota Community Foundation pass-through grant.  Allocation of $45,500 from General Fund reserves to cover ancillary costs associated with the downtown parking lot acquisition. Supporting Documentation: Ordinance ORDINANCE 25-042 AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 9 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/Fire 101-422-4-335-06 Fire Insurance Premium $54,254 General Fund/Fire 101-422-5-421-10 Retirement/Volunteer $54,254 General Fund/Subsidies 101-495-4-669-02 Miscellaneous Income $20,000 General Fund/Subsidies 101-495-5-466-01 Economic Incentive Grant $20,000 General Fund/Subsidies 101-495-5-856-68 Other $45,500 All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: December 9, 2025 SECOND READING: December 16, 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 25-039,Version:2 Public Hearing and Action on Ordinance 25-039, an Ordinance to Rezone Lot 3 of Block 2 of Telkamp Industrial Addition from an Industrial I-1R Restricted District to an Industrial I-1 Light District. Summary and Recommended Action: The City of Brookings has submitted a petition to rezone Lot 3 of Block 2 of Telkamp Industrial Addition from Industrial I-1R Restricted District to an Industrial I-1 Light District. The Planning Commission voted 8-0 recommending approval of the rezoning. Staff recommends approval. Attachments: Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Zoning Map Future Land Use Map City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bailey Maca, Associate Planner Meeting: November 25, 2025 Subject: Ordinance 25-039: Rezone - Lot 3, Block 2, Telkamp Industrial Addition Person(s) Responsible: Mike Struck, Community Development Director Summary and Recommended Action: The City of Brookings has submitted a petition to rezone Lot 3 of Block 2 of Telkamp Industrial Addition from Industrial I-1R Restricted District to an Industrial I-1 Light District. The Planning Commission voted 8 - 0 recommending approval of the rezoning. Staff recommends approval. Item Details: Lot 3 of Block 2 of Telkamp is a 5.57-acre parcel of land. The parcel is currently zoned Industrial I-1R Restricted District and located within a General Industrial future land use class, which supports the Industrial I-1 Light District rezone request. Adjacent property is zoned Industrial I-1 Light District to the north, east, and south and Industrial I-1R Restricted District to the west. The Industrial I-1R Restricted District is intended to provide for aesthetically designed industrial areas primarily near and adjacent to major arterials. Additional design standards, a lot coverage maximum, and stricter set backs are included in the I -1R District. The site is located on the east side of Prince Drive, a local (non -arterial) street. It does not directly abut any arterial roadways; the nearest is Interstate 29, situated approximately 880 feet to the west. The adjacent parcel to the north was rezoned from Industrial I-1R Restricted to I-1 Light Industrial in March 2021. The future land use map supports the rezoning of the parcel. 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: N/A Supporting Documentation: Ordinance Minutes City Council Notice Planning Commission Notice Location Map Zoning Map Future Land Use Map ORDINANCE 25-039 AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS BE IT ORDAINED by the governing body of the City of Brookings, South Dakota: SECTION 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Lot 3, Block 2, Telkamp Industrial Addition, in the City of Brookings, Brookings County, South Dakota, from an Industrial (I-1R) Restricted District to an Industrial (I- 1) Light District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. SECTION 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. SECTION 3. All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: November 25, 2025 SECOND READING AND ADOPTION: December 9, 2025 PUBLISHED: CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that the City of Brookings has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lot 3 of Block 2 of Telkamp Industrial Addition. The request is to rezone the above-described real estate from the Industrial I-1R Restricted District to an Industrial I-1 Light District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, December 9, 2025, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 25th day of November, 2025. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that the City of Brookings has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lot 3 of Block 2 of Telkamp Industrial Addition. The request is to rezone the above-described real estate from the Industrial I-1R Restricted District to an Industrial I-1 Light District. NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, November 4, 2025, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard on this matter. Dated this 21st day of October, 2025. Bailey Maca Associate Planner Planning Commission Brookings, South Dakota November 4, 2025 OFFICIAL MINUTES Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, November 4, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Emily Braun, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Billie Jo Hinrichs was absent. Also present were Community Development Director Michael Struck, Associate Planner Bailey Maca, Public Works Director John Thompson, Deputy Fire Chief Jeremy Scott and Deputy City Manager Johnny Mayes. Also present was Andrew Austreim, Doug Austreim, Kevin Grunewaldt, Kristi Tornquist, Sterling Pfenning, Stuart Apland, Travis Haarsma, Chad Borchard, from the public. Item #6b – The City of Brookings has submitted a petition to rezone Lot 3 of Block 2 of Telkamp Industrial Addition from Industrial I-1R Restricted District to an Industrial I-1 Light District. Staff recommends approval. (Solum/Limmer) Motion to approve the rezone. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6b – The City of Brookings has submitted a petition to rezone Lot 3 of Block 2 of Telkamp Industrial Addition. The property is a 5.57-acre parcel of land. The parcel is currently zoned Industrial I-1R Restricted District and located within a General Industrial future land use class which supports the Industrial I-1 Light District rezone request. Adjacent property is zoned Industrial I-1 Light District to the north, east, and south and Industrial I-1R Restricted District to the west. The Industrial I-1R Restricted District is intended to provide for aesthetically designed industrial areas primarily near and adjacent to major arterials. Additional design standards, a lot coverage maximum, and stricter set backs are included in the I-1R District. The adjacent parcel to the north was rezoned from Industrial I-1R Restricted to I-1 Light Industrial in March 2021. The future land use map supports the rezone. The meeting adjourned at 6:54 p.m. _______________________ ______________________________ Mike Struck, Community Development Director Scot Leddy, Chairperson Location Map 660 ft Overview Zoning Map 400 ft Overview Water Industrial Industrial34TH AVEI 29I 29RAMP32ND AVE34TH AVE S8TH S T S 8TH S T S 8TH S T SI 2932ND AVEPRINCE DR DAKTRONICS DR PRINCE DRI 29I 2932ND AVE S32ND AVE32ND AVE S34TH AVE SPRINCE DR 34TH AVE S34TH AVE S34TH AVE34TH AVE SFuture Land Use Map BrookingsCityLimits Parcels FLU_RDG Industrial Open Space Public Facilities Water Brookings County Roads 10/8/2025, 1:28:26 PM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 ArcGIS Web AppBuilder City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 25-040,Version:2 Public Hearing and Action on Ordinance 25-040, an Ordinance for a Conditional Use Permit to Establish an Office in a Residence R-2 Two-Family District (709 Main Avenue). Summary and Recommended Action: Chad and Kelsey Borchard have applied for a Conditional Use Permit to operate an office in the Residential R-2 District. The Planning Commission voted 8 - 0 recommending approval of the conditional use with the noted conditions. Staff recommends approval with the following conditions: ·The conditional use is limited to three office suites. ·The conditional use is non-transferable. Attachments: Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Conditional Use Permit Application Letter Location Map Site Plan City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bailey Maca, Associate Planner Meeting: November 25, 2025 Subject: Ordinance 25-040: Conditional Use Permit to Establish an Office in a Residence R-2 Two-Family District (709 Main Avenue) Presenter: Mike Struck, Community Development Director Summary and Recommended Action: Chad and Kelsey Borchard have applied for a Conditional Use Permit to operate an office in the Residential R-2 District. Staff recommends approval conditional on the property being limited to three office suites, and the Conditional Use Permit is non- transferable. The Planning Commission voted 8-0 to recommend approval with the noted conditions. Item Details: The applicant recently purchased the building located at 709 Main Avenue and intends to provide up to three office suites for the following professions:  Licensed Professional Counselor (LPC)  Licensed Clinical Social Workers (LSCW)  Licensed Marriage and Family Counselors (LMFT) The property is located in the Residential R-2 District, where an office use is permitted subject to the approval of a Conditional Use Permit. Additionally, the following conditions must be met:  The uses must be located on a collector or arterial street.  The architecture shall be compatible with surrounding residential properties.  Consideration shall be given to the traffic generated by such use, the type of sign, the hours of operation and the character of the use.  Parking shall be screened from any adjacent residential area. The property meets the required conditions: sufficient parking for the office use is provided and it will be screened by a 6-foot-tall fence on the north and south side, the architecture is compatible to the surrounding properties, and the normal operating hours are 9:00am – 5:00pm Monday through Friday. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None Supporting Documentation: Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Conditional Use Permit Application Letter Location Map Site Plan ORDINANCE 25-040 AN ORDIANCE PERTAINING TO AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ESTABLISH AN OFFICE IN A RESIDENCE R-2 TWO-FAMILY DISTRICT. BE IT ORDAINED by the City of Brookings, South Dakota: SECTION 1. That said Conditional Use Permit shall be approved for an Office on Lot 6 in Block 2 of Henry’s Addition, also known as 709 Main Avenue with the following conditions:  The property is limited to three office suites  The conditional use is non-transferable. SECTION 2. That said application for a conditional use permit satisfies the requirements as described in Sec. 94-290 of Chapter 94, Article V, Division 3 of the City of Brookings, South Dakota. SECTION 3. That all sections and ordinances in conflict herewith are hereby repealed. FIRST READING: November 25, 2025 SECOND READING AND ADOPTION: December 9, 2025 PUBLISHED: CITY OF BROOKINGS, SD __________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN that Chad and Kelsey Borchard have submitted an application for a Conditional Use Permit on the following described real estate in the City of Brookings: Lot 6 in Block 2 of Henry’s Addition, also known as 709 Main Avenue. The request is for an Office use in the Residence R-2 two-family district. NOTICE IS FURTHER GIVEN that said request will be acted on by City Council at 6:00 PM on Tuesday, November 25, 2025, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 14th day of November, 2025. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN that Chad and Kelsey Borchard have submitted an application for a Conditional Use Permit on the following described real estate in the City of Brookings: Lot 6 in Block 2 of Henry’s Addition, also known as 709 Main Avenue. The request is for an Office use in the Residence R-2 two-family district. NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning Commission at 5:30 PM on November 4, 2025, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard on this matter. Dated this 21st day of October, 2025. Bailey Maca Associate Planner Planning Commission Brookings, South Dakota November 4, 2025 OFFICIAL MINUTES Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, November 4, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Emily Braun, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Billie Jo Hinrichs was absent. Also present were Community Development Director Michael Struck, Associate Planner Bailey Maca, Public Works Director John Thompson, Deputy Fire Chief Jeremy Scott and Deputy City Manager Johnny Mayes. Also present was Andrew Austreim, Doug Austreim, Kevin Grunewaldt, Kristi Tornquist, Sterling Pfenning, Stuart Apland, Travis Haarsma, Chad Borchard, from the public. Item #6c – Chad and Kelsey Borchard have applied for a Conditional Use Permit to operate an office in the Residential R-2 district at 709 Main Avenue. Staff recommends approval conditional on the property being limited to three office suites and the conditional use is non-transferable. (Solum/Limmer) Motion to approve the conditional use permit including staff recommendations. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6c – Chad and Kelsey Borchard recently purchased the building located at 709 Main Avenue and intends to provide up to three office suites for the following professions: Licensed Professional Counselor (LPC), Licensed Clinical Social Workers (LSCW) and Licensed Marriage & Family Counselors (LMFT). The property is located in the Residential R-2 district, where an office use is permitted subject to the approval of a Conditional Use Permit. Borchard was available to represent Kelsey Borchard, the lead councilor at The Growth Collective. He explained that many of the sessions are completed either virtually or off-site causing less traffic than a rental dwelling potentially would in his opinion. Kelsey started the practice aimed at professionals that require flexibility to provide quality care while also being able to maintain their other responsibilities. Tornquist, 727 Main Ave, inquired on the signage plans, where they anticipated most clients to park and if the conditional use would allow for mixed use within the structure. Struck stated that the entire structure would be covered under the conditional use permit and a mixed use was not requested. Borchard stated that they intend to conform to existing sign allowances and do not plan to stipulate where people park. However, the standard is for staff to park in the alley and clients in the front with the exception of the ADA parking. He does not anticipate all staff being in the office at the same time so staff and clients would utilize a mix of the parking options. Limmer asked if the building could support more than 3 suites. Borchard stated that it could but in an effort to protect their client’s privacy they do not intend to request more. Struck stated that on a residential lot, a total of 16 sq ft of signage is allowable total but no individual sign can exceed 8 sq ft. The meeting adjourned at 6:54 p.m. _______________________ ______________________________ Mike Struck, Community Development Director Scot Leddy, Chairperson Location Map 50 ft 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 25-041,Version:2 Public Hearing and Action on Ordinance 25-041, an Ordinance to Rezone NE ¼ NW ¼ excluding Outlot A in Section 3-T109N-R50W from the Residential R-3 Apartment District to a Residential R-1A Single Family District (1115 West 20th Street South). Summary and Recommended Action: TH Companies LLC has submitted a petition to rezone. The request is to rezone the NE ¼ NW ¼ excluding Outlot A in Section 3-T109N-R50W, also known as 1115 W 20th Street South, from a Residential R-3 Apartment District to a Residential R-1A Single Family District. The Planning Commission voted 8 - 0 recommending approval of the rezoning. Staff recommends approval. Attachments: Memo Ordinance Planning Commission Minutes Hearing Notice - City Council Hearing Notice - Planning Commission Petition to Rezone Location Map Zoning Map Future Land Use Map City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bailey Maca, Associate Planner Meeting: November 25, 2025 Subject: Ordinance 25-041: Rezone - NE ¼ NW ¼ excluding Outlot A in Section 3-109-50 from the Residential R-3 Apartment District to a Residential R-1A Single Family District (1115 West 20th Street South) Presenter: Mike Struck, Community Development Director Summary and Recommended Action: TH Companies LLC has submitted a petition to rezone. The request is to rezone the NE ¼ NW ¼ excluding Outlot A in Section 3-T109N-R50W , also known as 1115 W 20th Street South, from Residential R-3 Apartment District to a Residential R-1A Single Family District. The Planning Commission voted 8-0 recommending approval of the rezoning. Staff recommends approval. Item Details: The parcel located at 1115 W 20th Street South, is a 30.46-acre parcel currently zoned Residential R-3 Apartment District and located within a Medium Density Residential future land use class, which supports the R-1A Single Family District request. Adjacent property is zoned Agriculture to the south and west, Residential R-1A Single Family District to the north and Residential R-3 Apartment District to the east. The future land use map supports the rezone of the parcel. No portion of the rezone area is located within a floodplain. Legal Consideration: None Strategic Plan Consideration:  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None Supporting Documentation: Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map ORDINANCE 25-041 AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS BE IT ORDAINED by the governing body of the City of Brookings, South Dakota: SECTION 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: NE ¼ NW ¼ excluding Outlot A in Section 3-109-50 from the Residence R-3 Apartment District to a Residence R-1A Single Family District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. SECTION 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. SECTION 3. All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: November 25, 2025 SECOND READING AND ADOPTION: December 9, 2025 PUBLISHED: CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that TH Companies LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: NE ¼ NW ¼ excluding Outlot A in Section 3-109-50 The request is to rezone the above-described real estate from the Residential R-3 Apartment District to a Residential R-1A Single Family District. NOTICE IS FURTHER GIVEN that said request will be acted on by City Council at 6:00 PM on Tuesday, November 25, 2025, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 14th day of November, 2025. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that TH Companies LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: NE ¼ NW ¼ excluding Outlot A in Section 3-109-50 The request is to rezone the above-described real estate from the Residential R-3 Apartment District to a Residential R-1A Single Family District. NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, November 4, 2025, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard on this matter. Dated this 21st day of October, 2025. Bailey Maca Associate Planner Planning Commission Brookings, South Dakota November 4, 2025 OFFICIAL MINUTES Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, November 4, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Emily Braun, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Billie Jo Hinrichs was absent. Also present were Community Development Director Michael Struck, Associate Planner Bailey Maca, Public Works Director John Thompson, Deputy Fire Chief Jeremy Scott and Deputy City Manager Johnny Mayes. Also present was Andrew Austreim, Doug Austreim, Kevin Grunewaldt, Kristi Tornquist, Sterling Pfenning, Stuart Apland, Travis Haarsma, Chad Borchard, from the public. Item #6a – TH Companies LLC has submitted a petition to rezone the NE ¼ NW ¼ excluding Outlot A in Section 3-109-50, also known as 1115 W 20th Street South, from a Residential R-3 Apartment District to a Residential R-1A Single Family District. Staff recommends approval. (Schmeichel/Limmer) Motion to approve the rezone. All present voted aye. MOTION CARRIED. Item #6a – TH Companies LLC has submitted a petition to rezone the NE ¼ NW ¼ excluding Outlot A in Section 3-109-50, also known as 1115 W 20th Street South. The property is a 30.46-acre parcel that is currently zoned Residential R-3 Apartment District and located within a Medium Density Residential future land use class which supports the R-1A Single Family District request. Adjacent property is zoned Agriculture to the south and west, Residential R-1A Single Family District to the north and Residential R-3 Apartment District to the east. The property was rezoned from Agriculture to Residential R-3 in January 2025. The rezone included a Large-Scale Residential Plan (LSRD) that included 58 lots all with two-family dwelling units for a total of 116 dwelling units. The rezone to R- 1A would no longer support two-family dwellings. A revised preliminary plat will be required due to the minimum lot area of 15,000 square feet and minimum lot width of 100-feet in the R-1A district. The LSRD included a preliminary plat with lots varying from 9,750 to over 25,000 square feet and with lot widths as small as 75-feet. The future land use map supports the rezone of the parcel. No portion of the rezone area is located within a floodplain. Haarsma, property owner, was available for questions. Aiken stated that he appreciated the lower density of the current proposal. The meeting adjourned at 6:54 p.m. _______________________ ______________________________ Mike Struck, Community Development Director Scot Leddy, Chairperson Location Map 660 ft Overview Zoning Map 400 ft Overview Res MD Res MD Parks Open Wetland Open Wetland Urban Low Res MD Res MD Res MD Res MD MARTIN BLVDRHONDA RDJORDAN ST SUN VALLEY ST RAPID VALLEY ST W 20TH ST S W 20TH ST S RIO GRAND AVECUMBERLAND CTSONOMA VALLEY STCARTER ST Future Land Use Map BrookingsCityLimits Parcels FLU_RDG Open Space Open Wetland Parks Res LD Res MD Urban Low Brookings County Roads 10/8/2025, 11:50:01 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 ArcGIS Web AppBuilder City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 25-037,Version:2 Second Reading and Action on Ordinance 25-037, an Ordinance Setting the Annual Election Date. (June) Summary and Recommended Action: Staff requests City Council action on the proposed Ordinance, setting the annual election date as the second Tuesday after the first Monday in June. A new election date must be identified by January 14, 2026. Attachments: Memo Ordinance 2026 City and School Election Calendar City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: November 25, 2025 Subject: Ordinance 25-037: Setting the Annual City Election Date – 2nd Tuesday after the 1st Monday in June Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff requests City Council action on the proposed Ordinance, setting the annual election date as the second Tuesday after the first Monday in June. A new election date must be identified by January 14, 2026. Item Details: The City Council is required to identify a new election date for the City of Brookings annual election. HB1130 identifies two date options:  the 2nd Tuesday after the 1st Monday in June; OR  the 2nd Tuesday after the 1st Monday in November. The historical April election date is no longer an option. The two proposed options align the annual municipal election date with the Primary and General Elections in even- numbered years. Attached is a proposed Ordinance for City Council consideration, setting the annual election date as the second Tuesday after the first Monday in June. Terms for current seated Council members will be extended as per HB1130, Section 12: “each office holder whose term was to expire earlier in the year shall have the t erm extended until the office holder or another candidate for the office is duly elected and qualified.” Based on HB1130, those whose terms would have expired in April 2026, will be extended to the new Election Date identified by the City Council. The City of Brookings and Brookings School District had expressed wanting to combine elections with Brookings County. The Brookings County Finance Officer has stated election ballot items from the City of Brookings and the Brookings School District will not be allowed to be placed on the County’s Primary or General Election Ballots. Staff with the City of Brookings and Brookings School District are working together to identify an election process which will be best for the Brookings County voters who vote in the City of Brookings and Brookings School District Elections. 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 opportu nities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement.  Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: There will be additional election costs, as the City and School will need to purchase election equipment. Previous election arrangements involved the use of election equipment from Brookings County, which is no longer an option. The costs are not yet fully identified at this time. Supporting Documentation: Ordinance HB 1130 2026 City & School Election Calendar ORDINANCE 25-037 AN ORDINANCE OF THE CITY OF BROOKINGS, SD, SETTING THE ANNUAL ELECTION DATE BE IT ORDAINED by the City of Brookings, SD: CHAPTER 2, ARTICLE VI ELECTIONS. Pursuant to the enacted changes in SDCL 9-13-1 effective January 1, 2026, the annual Municipal Election is hereby set in the City of Brookings, SD, on the first Tuesday after the first Monday in June. The City Clerk is hereby directed to give notice of said Municipal Election by causing notices to be published according to law and take all other steps necessary to conduct the City of Brookings Municipal Election in accordance with state law. FIRST READING: November 25, 2025 SECOND READING: December 9, 2025 PUBLICATION: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk 2026 City & School Election Calendars South Dakota Secretary of State Division of Elections State Capitol, 500 E. Capitol Avenue, Suite 204 Pierre, SD 57501 • (605) 773-3537 www.sdsos.gov Last Updated: November 18, 2025 2026 City & School Combined Election Calendar June 2, 2026 -- Primary Election -- November 3, 2026 -- General Election -- Publish notice of vacancies and the time and place of filing petitions (SDCL 9-13-6; 13-7-5; ARSD 5:02:04:06; 5:02:04:14). Note: Must be published at least once each week for two consecutive weeks. December 15th Through December 30th -- -- Deadline for the governing body to establish an election date (SDCL 9-13-1; 13-7-10). Cities: January 14th Schools: First Regular Meeting in January Cities: January 14th Schools: First Regular Meeting in January Publish notice of vacancies and the time and place of filing petitions (SDCL 9-13-6; 13-7-5; ARSD 5:02:04:06; 5:02:04:14). Note: Must be published at least once each week for two consecutive weeks. -- -- May 15th Through May 30th Earliest date for a candidate to sign the declaration of candidacy, begin petition circulation, and file a petition (SDCL 9-13-9; 13-7-6; ARSD 5:02:08:11; 5:02:08:13). February 2nd July 3rd Deadline for a candidate to file nominating petitions or to withdraw their name from the ballot (SDCL 9-13-7; 9- 13-37; 13-7-6). Registered mail is an acceptable option, if postmarked by the deadline date and time. Note: If only one candidate files, you do not need to have an election. Remember to issue certificates of election! (Tuesday) March 24th @ 5:00 PM (Tuesday) August 25th @ 5:00 PM Draw for candidate ballot order (SDCL 9-13-21; 13-7-13). Note: A candidate or a candidate’s representative may be present for this process. Between March 24th & March 26th Between August 25th & August 27th Deadline for candidate names and ballot language to be certified to the county auditor (SDCL 9-13-37; 13-7-10.3). (Thursday) March 26th @ 5:00 PM (Thursday) August 27th @ 5:00 PM Deadline for candidates in first-class municipalities and school districts with >2,000 students to file a Candidate Financial Interest Statement (SDCL 12-25-30). Note: Must be filed within fifteen days of the candidate filing their nominating petition. April 8th September 9th Work with your County Auditor(s) to recruit election workers and appoint election boards (SDCL 9-13-16.1; 13-7-12; ARSD 5:02:05:11.01). Prior to Election Day Prior to Election Day First day of absentee voting (SDCL 12-19-1.2). Note: Yellow sample ballots must be made available to voters when absentee voting begins. April 17th September 18th Publish notices for the voter registration deadline (SDCL 12-4-5.2; ARSD 5:02:04:04). Note: Must be published at least once each week for two consecutive weeks. Weeks of April 26th & May 3rd Weeks of September 27th & October 4th 2026 City & School Combined Election Calendar June 2, 2026 -- Primary Election -- November 3, 2026 -- General Election -- Publish notices of election (SDCL 9-13-13; 13-7-8; ARSD 5:02:04:08; 5:02:04:15). Note: Must be published at least once each week for two consecutive weeks. Weeks of May 17th & May 24th Weeks of October 18th & October 25th Deadline for voter registration (SDCL 12-4-5). May 18th October 19th Publish facsimile ballot (SDCL 9-13-13; 13-7-8). Note: Must be published between Monday and Saturday during the week prior to the election. Week of May 24th Week of October 25th IF USING OPTICAL SCAN BALLOTS: Conduct a test of the automatic tabulating equipment that will be used for the election (SDCL 12-17B-5; ARSD 5:02:09:01.01; 5:02:09:01.02). Note: Notice of the test must be published at least forty- eight (48) hours prior to the test. Between May 23rd & June 1st Between October 24th & November 2nd Deadline for a voter to vote absentee in-person (SDCL 12-19-2.1). Note: Deadline is at 5:00 PM or the end of regular office hours, whichever is later. (Monday) June 1st (Monday) November 2nd Deadline for a voter who is confined due to sickness or disability to request an absentee ballot via authorized messenger (SDCL 12-19-2.1). Note: The ballot must be returned prior to 7:00 PM in order for it to be counted. (Tuesday) June 2nd @ 3:00 PM (Tuesday) November 3rd @ 3:00 PM ELECTION DAY! Polls are open from 7:00 AM to 7:00 PM (SDCL 9-13-1; 13- 7-10). Note: The person in charge of the election must be available from 7:00 AM until ballots have been counted and all election materials have been returned. (Tuesday) June 2nd 7:00 AM - 7:00 PM (Tuesday) November 3rd 7:00 AM - 7:00 PM Deadline for official canvass (SDCL 9-13-24; 13-7-18; ARSD 5:02:17:11; 5:02:17:12). Cities: June 9th Schools: Next Regular Meeting After Election Cities: November 10th Schools: Next Regular Meeting After Election Issue Certificates of Election (SDCL 9-13-28; 13-7-18; ARSD 5:02:15:08; 5:02:15:09; 5:02:15:10; 5:02:15:11). Cities: June 11th Schools: Next Regular Meeting After Election Cities: November 12th Schools: Next Regular Meeting After Election Deadline for officials in first-class municipalities and school districts with >2,000 students to file an Elected Official Financial Interest Statement (SDCL 3-1A-4). Note: Must be filed within fifteen days of the official taking the oath of office. Within 15 Days of Oath of Office Within 15 Days of Oath of Office 2026 City & School Uncombined Election Calendar June 2, 2026 -- Primary Election -- November 3, 2026 -- General Election -- Publish notice of vacancies and the time and place of filing petitions (SDCL 9-13-6; 13-7-5; ARSD 5:02:04:06; 5:02:04:14). Note: Must be published at least once each week for two consecutive weeks. December 15th Through December 30th -- -- Deadline for the governing body to establish an election date (SDCL 9-13-1; 13-7-10). Cities: January 14th Schools: First Regular Meeting in January Cities: January 14th Schools: First Regular Meeting in January Publish notice of vacancies and the time and place of filing petitions (SDCL 9-13-6; 13-7-5; ARSD 5:02:04:06; 5:02:04:14). Note: Must be published at least once each week for two consecutive weeks. -- -- May 15th Through May 30th Earliest date for a candidate to sign the declaration of candidacy, begin petition circulation, and file a petition (SDCL 9-13-9; 13-7-6; ARSD 5:02:08:11; 5:02:08:13). February 2nd July 3rd Deadline for a candidate to file nominating petitions or to withdraw their name from the ballot (SDCL 9-13-7; 9- 13-37; 13-7-6). Registered mail is an acceptable option, if postmarked by the deadline date and time. Note: If only one candidate files, you do not need to have an election. Remember to issue certificates of election! (Tuesday) March 24th @ 5:00 PM (Tuesday) August 25th @ 5:00 PM Draw for candidate ballot order (SDCL 9-13-21; 13-7-13). Note: A candidate or a candidate’s representative may be present for this process. Draw After Petition Filing Deadline Draw After Petition Filing Deadline Deadline for candidates in first-class municipalities and school districts with >2,000 students to file a Candidate Financial Interest Statement (SDCL 12-25-30). Note: Must be filed within fifteen days of the candidate filing their nominating petition. April 8th September 9th Have your governing body appoint election boards (SDCL 9-13-16.1; 13-7-12; ARSD 5:02:05:11.01). Note: Your County Auditor(s) might be able to help find election workers; you may use high school seniors (18+), members of civic organizations, etc. Prior to Election Day Prior to Election Day Publish notices for the voter registration deadline (SDCL 12-4-5.2; ARSD 5:02:04:04). Note: Must be published at least once each week for two consecutive weeks. Weeks of April 26th & May 3rd Weeks of September 27th & October 4th Publish notices of election (SDCL 9-13-13; 13-7-8; ARSD 5:02:04:08; 5:02:04:15). Note: Must be published at least once each week for two consecutive weeks. Weeks of May 17th & May 24th Weeks of October 18th & October 25th 2026 City & School Uncombined Election Calendar June 2, 2026 -- Primary Election -- November 3, 2026 -- General Election -- First day of absentee voting (SDCL 9-13-21; 13-7-13). Note: Yellow sample ballots must be made available to voters when absentee voting begins. May 18th October 19th Deadline for voter registration (SDCL 12-4-5). May 18th October 19th Publish facsimile ballot (SDCL 9-13-13; 13-7-8). Note: Must be published between Monday and Saturday during the week prior to the election. Week of May 24th Week of October 25th IF USING OPTICAL SCAN BALLOTS: Conduct a test of the automatic tabulating equipment that will be used for the election (SDCL 12-17B-5; ARSD 5:02:09:01.01; 5:02:09:01.02). Note: Notice of the test must be published at least forty- eight (48) hours prior to the test. Between May 23rd & June 1st Between October 24th & November 2nd Deadline for a voter to vote absentee in-person (SDCL 12-19-2.1). Note: Deadline is at 5:00 PM or the end of regular office hours, whichever is later. (Monday) June 1st (Monday) November 2nd Deadline for a voter who is confined due to sickness or disability to request an absentee ballot via authorized messenger (SDCL 12-19-2.1). Note: The ballot must be returned prior to 7:00 PM in order for it to be counted. (Tuesday) June 2nd @ 3:00 PM (Tuesday) November 3rd @ 3:00 PM ELECTION DAY! Polls are open from 7:00 AM to 7:00 PM (SDCL 9-13-1; 13- 7-10). Note: The person in charge of the election must be available from 7:00 AM until ballots have been counted and all election materials have been returned. (Tuesday) June 2nd 7:00 AM - 7:00 PM (Tuesday) November 3rd 7:00 AM - 7:00 PM Deadline for official canvass (SDCL 9-13-24; 13-7-18; ARSD 5:02:17:11; 5:02:17:12). Cities: June 9th Schools: Next Regular Meeting After Election Cities: November 10th Schools: Next Regular Meeting After Election Issue Certificates of Election (SDCL 9-13-28; 13-7-18; ARSD 5:02:15:08; 5:02:15:09; 5:02:15:10; 5:02:15:11). Cities: June 11th Schools: Next Regular Meeting After Election Cities: November 12th Schools: Next Regular Meeting After Election Deadline for officials in first-class municipalities and school districts with >2,000 students to file an Elected Official Financial Interest Statement (SDCL 3-1A-4). Note: Must be filed within fifteen days of the official taking the oath of office. Within 15 Days of Oath of Office Within 15 Days of Oath of Office City Election Notes Oaths of Office: There is nothing that outlines the form/wording of an oath of office. Please work with your city’s attorney to write the oath. Also, there is nothing that clearly guides you as to when your officials must take the oath. Work with your attorney regarding this. Refer to SDCL 9-14-5 for the process of qualifying for office. Notices: Please keep holidays in mind when planning notices, as newspaper publication schedules may be affected. Always make sure to get confirmation from your local newspaper that they have received the required notice, that they plan to publish the notice, and—after the planned date of publication—that they actually published the notice. Missed Election Notices: We encourage any city that misses a publication to get it published and post the notice around their jurisdiction. The notice would still be considered late, and the election could still be challenged. Contact your city’s attorney if you miss a notice. Petitions: To check the registration status of the candidate and petition signers (this is required by law), per ARSD 5:02:08:00 and 5:02:08:00.01, go to: http://cityandschoollookup.sdsos.gov/Login.aspx. If you forgot your username and password, or never had one, contact the Secretary of State’s office (Elections@state.sd.us or 605-773-3537) and one will be provided to you. First Class Municipalities: Aberdeen, Belle Fourche, Box Elder, Brandon, Brookings, Harrisburg, Huron, Madison, Mitchell, Pierre, Rapid City, Sioux Falls, Spearfish, Sturgis, Tea, Vermillion, Watertown and Yankton. Home Rule Municipalities: Aberdeen, Beresford, Brookings, Elk Point, Faith, Ft. Pierre, Pierre, Sioux Falls, Springfield and Watertown. Runoff Elections: For cities that have runoff elections, a runoff must be held on June 23rd or November 24th (SDCL 9-13-26.1). We encourage any city with a runoff ordinance to work with their city’s attorney when conducting a runoff election. Contact the Secretary of State’s office with any questions at Elections@state.sd.us or 605-773-3537. Additional election information can be found at: https://sdsos.gov. School Election Notes Election Results: Certified election results must be published in the school board’s minutes within sixty days for the canvass of the election (SDCL 13-7-30 and 13-7-31). Oaths of Office: There is nothing that outlines the form/wording of an oath of office. Please work with your school district’s attorney to write the oath. Also, there is nothing that clearly guides you as to when your officials must take the oath. Work with your attorney regarding this. Reference SDCL 13-8-4 for the process of qualifying for office. Notices: Please keep holidays in mind when planning notices, as newspaper publication schedules may be affected. Always make sure to get confirmation from your local newspaper that they have received the required notice, that they plan to publish the notice, and—after the planned date of publication—that they actually published the notice. Missed Election Notices: We encourage any school that misses a publication to get it published and post the notice around their jurisdiction. The notice would still be considered late, and the election could still be challenged. Contact your school district’s attorney if you miss a notice. Petitions: To check the registration status of the candidate and petition signers (this is required by law), per ARSD 5:02:08:00 and 5:02:08:00.01, go to: http://cityandschoollookup.sdsos.gov/Login.aspx. If you forgot your username and password, or never had one, contact the Secretary of State’s office (Elections@state.sd.us or 605-773-3537) and one will be provided to you. Contact the Secretary of State’s office with any questions at Elections@state.sd.us or 605-773-3537. Additional election information can be found at: https://sdsos.gov. General Notes Counties, cities, and schools that are looking to combine their elections in 2026 will need to produce a written agreement detailing how expenses and responsibilities will be split, as well as how other issues will be handled. Please consider the following (this is not an exhaustive list): 1. How will costs be split? 2. Will all jurisdictions print in the same paper, and who will be responsible for the publications? 3. Who will be responsible for recruiting election workers? 4. Who will be responsible for providing election materials? 5. Where will voting take place? 6. How will absentee voting be handled? 7. What will happen if all jurisdictions agree to combine, but one does not need to have an election after petitions are filed? Negotiations will need to begin early since cities and schools may have to publish vacancy notices in December, even before the election date is officially established. OFFICIAL SOUTH DAKOTA STATE HOLIDAYS – 2026 (SDCL 1-5-1) January 1 New Year’s Day January 19 Martin Luther King, Jr. Day February 16 Presidents’ Day May 25 Memorial Day June 19 Juneteenth July 4 Independence Day September 7 Labor Day October 12 Native Americans’ Day November 11 Veterans’ Day November 26 Thanksgiving Day December 25 Christmas Day 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 25-038,Version:2 Second Reading and Action on Ordinance 25-038, an Ordinance Setting the Annual Election Date. (November) Summary and Recommended Action: Staff requests City Council action on the proposed Ordinance, setting the annual election date as the second Tuesday after the first Monday in November. A new election date must be identified by January 14, 2026. Attachments: Memo Ordinance 2026 City and School Election Calendar City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: November 25, 2025 Subject: Ordinance 25-038: Setting the Annual City Election Date – 2nd Tuesday after the 1st Monday in November Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff requests City Council action on the proposed Ordinance, setting the annual election date as the second Tuesday after the first Monday in November. A new election date must be identified by January 14, 2026. Item Details: The City Council is required to identify a new election date for the City of Brookings annual election. HB1130 identifies two date options:  the 2nd Tuesday after the 1st Monday in June; OR  the 2nd Tuesday after the 1st Monday in November. The historical April election date is no longer an option. The two proposed options align the annual municipal election date with the Primary and General Elections in even- numbered years. Attached is a proposed Ordinance for City Council consideration, setting the annual election date as the second Tuesday after the first Monday in November. Terms for current seated Council members will be extended as per HB1130, Section 12: “each office holder whose term was to expire earlier in the year shall have the term extended until the office holder or another candidate for the office is duly elected and qualified.” Based on HB1130, those whose terms would have expired in April 2026, will be extended to the new Election Date identified by the City Council. The City of Brookings and Brookings School District had expressed wanting to combine elections with Brookings County. The Brookings County Finance Officer has stated election ballot items from the City of Brookings and the Brookings School District will not be allowed to be placed on the County’s Primary or General Election Ballots. Staff with the City of Brookings and Brookings School District are working together to identify an election process which will be best for the Brookings County voters who vote in the City of Brookings and Brookings School District Elections. Legal Consideration: None. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service.  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement.  Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructu re and facilities. Financial Consideration: There will be additional election costs, as the City and School will need to purchase election equipment. Previous election arrangements involved the use of election equipment from Brookings County, which is no longer an option. The costs are not yet fully identified at this time. Supporting Documentation: Ordinance HB 1130 2026 City & School Election Calendar ORDINANCE 25-038 AN ORDINANCE OF THE CITY OF BROOKINGS, SD, SETTING THE ANNUAL ELECTION DATE BE IT ORDAINED by the City of Brookings, SD: CHAPTER 2, ARTICLE VI ELECTIONS. Pursuant to the enacted changes in SDCL 9-13-1 effective January 1, 2026, the annual Municipal Election is hereby set in the City of Brookings, SD, on the first Tuesday after the first Monday in November. The City Clerk is hereby directed to give notice of said Municipal Election by causing notices to be published according to law and take all other steps necessary to conduct the City of Brookings Municipal Election in accordance with state law. FIRST READING: November 25, 2025 SECOND READING: December 9, 2025 PUBLICATION: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk 2026 City & School Election Calendars South Dakota Secretary of State Division of Elections State Capitol, 500 E. Capitol Avenue, Suite 204 Pierre, SD 57501 • (605) 773-3537 www.sdsos.gov Last Updated: November 18, 2025 2026 City & School Combined Election Calendar June 2, 2026 -- Primary Election -- November 3, 2026 -- General Election -- Publish notice of vacancies and the time and place of filing petitions (SDCL 9-13-6; 13-7-5; ARSD 5:02:04:06; 5:02:04:14). Note: Must be published at least once each week for two consecutive weeks. December 15th Through December 30th -- -- Deadline for the governing body to establish an election date (SDCL 9-13-1; 13-7-10). Cities: January 14th Schools: First Regular Meeting in January Cities: January 14th Schools: First Regular Meeting in January Publish notice of vacancies and the time and place of filing petitions (SDCL 9-13-6; 13-7-5; ARSD 5:02:04:06; 5:02:04:14). Note: Must be published at least once each week for two consecutive weeks. -- -- May 15th Through May 30th Earliest date for a candidate to sign the declaration of candidacy, begin petition circulation, and file a petition (SDCL 9-13-9; 13-7-6; ARSD 5:02:08:11; 5:02:08:13). February 2nd July 3rd Deadline for a candidate to file nominating petitions or to withdraw their name from the ballot (SDCL 9-13-7; 9- 13-37; 13-7-6). Registered mail is an acceptable option, if postmarked by the deadline date and time. Note: If only one candidate files, you do not need to have an election. Remember to issue certificates of election! (Tuesday) March 24th @ 5:00 PM (Tuesday) August 25th @ 5:00 PM Draw for candidate ballot order (SDCL 9-13-21; 13-7-13). Note: A candidate or a candidate’s representative may be present for this process. Between March 24th & March 26th Between August 25th & August 27th Deadline for candidate names and ballot language to be certified to the county auditor (SDCL 9-13-37; 13-7-10.3). (Thursday) March 26th @ 5:00 PM (Thursday) August 27th @ 5:00 PM Deadline for candidates in first-class municipalities and school districts with >2,000 students to file a Candidate Financial Interest Statement (SDCL 12-25-30). Note: Must be filed within fifteen days of the candidate filing their nominating petition. April 8th September 9th Work with your County Auditor(s) to recruit election workers and appoint election boards (SDCL 9-13-16.1; 13-7-12; ARSD 5:02:05:11.01). Prior to Election Day Prior to Election Day First day of absentee voting (SDCL 12-19-1.2). Note: Yellow sample ballots must be made available to voters when absentee voting begins. April 17th September 18th Publish notices for the voter registration deadline (SDCL 12-4-5.2; ARSD 5:02:04:04). Note: Must be published at least once each week for two consecutive weeks. Weeks of April 26th & May 3rd Weeks of September 27th & October 4th 2026 City & School Combined Election Calendar June 2, 2026 -- Primary Election -- November 3, 2026 -- General Election -- Publish notices of election (SDCL 9-13-13; 13-7-8; ARSD 5:02:04:08; 5:02:04:15). Note: Must be published at least once each week for two consecutive weeks. Weeks of May 17th & May 24th Weeks of October 18th & October 25th Deadline for voter registration (SDCL 12-4-5). May 18th October 19th Publish facsimile ballot (SDCL 9-13-13; 13-7-8). Note: Must be published between Monday and Saturday during the week prior to the election. Week of May 24th Week of October 25th IF USING OPTICAL SCAN BALLOTS: Conduct a test of the automatic tabulating equipment that will be used for the election (SDCL 12-17B-5; ARSD 5:02:09:01.01; 5:02:09:01.02). Note: Notice of the test must be published at least forty- eight (48) hours prior to the test. Between May 23rd & June 1st Between October 24th & November 2nd Deadline for a voter to vote absentee in-person (SDCL 12-19-2.1). Note: Deadline is at 5:00 PM or the end of regular office hours, whichever is later. (Monday) June 1st (Monday) November 2nd Deadline for a voter who is confined due to sickness or disability to request an absentee ballot via authorized messenger (SDCL 12-19-2.1). Note: The ballot must be returned prior to 7:00 PM in order for it to be counted. (Tuesday) June 2nd @ 3:00 PM (Tuesday) November 3rd @ 3:00 PM ELECTION DAY! Polls are open from 7:00 AM to 7:00 PM (SDCL 9-13-1; 13- 7-10). Note: The person in charge of the election must be available from 7:00 AM until ballots have been counted and all election materials have been returned. (Tuesday) June 2nd 7:00 AM - 7:00 PM (Tuesday) November 3rd 7:00 AM - 7:00 PM Deadline for official canvass (SDCL 9-13-24; 13-7-18; ARSD 5:02:17:11; 5:02:17:12). Cities: June 9th Schools: Next Regular Meeting After Election Cities: November 10th Schools: Next Regular Meeting After Election Issue Certificates of Election (SDCL 9-13-28; 13-7-18; ARSD 5:02:15:08; 5:02:15:09; 5:02:15:10; 5:02:15:11). Cities: June 11th Schools: Next Regular Meeting After Election Cities: November 12th Schools: Next Regular Meeting After Election Deadline for officials in first-class municipalities and school districts with >2,000 students to file an Elected Official Financial Interest Statement (SDCL 3-1A-4). Note: Must be filed within fifteen days of the official taking the oath of office. Within 15 Days of Oath of Office Within 15 Days of Oath of Office 2026 City & School Uncombined Election Calendar June 2, 2026 -- Primary Election -- November 3, 2026 -- General Election -- Publish notice of vacancies and the time and place of filing petitions (SDCL 9-13-6; 13-7-5; ARSD 5:02:04:06; 5:02:04:14). Note: Must be published at least once each week for two consecutive weeks. December 15th Through December 30th -- -- Deadline for the governing body to establish an election date (SDCL 9-13-1; 13-7-10). Cities: January 14th Schools: First Regular Meeting in January Cities: January 14th Schools: First Regular Meeting in January Publish notice of vacancies and the time and place of filing petitions (SDCL 9-13-6; 13-7-5; ARSD 5:02:04:06; 5:02:04:14). Note: Must be published at least once each week for two consecutive weeks. -- -- May 15th Through May 30th Earliest date for a candidate to sign the declaration of candidacy, begin petition circulation, and file a petition (SDCL 9-13-9; 13-7-6; ARSD 5:02:08:11; 5:02:08:13). February 2nd July 3rd Deadline for a candidate to file nominating petitions or to withdraw their name from the ballot (SDCL 9-13-7; 9- 13-37; 13-7-6). Registered mail is an acceptable option, if postmarked by the deadline date and time. Note: If only one candidate files, you do not need to have an election. Remember to issue certificates of election! (Tuesday) March 24th @ 5:00 PM (Tuesday) August 25th @ 5:00 PM Draw for candidate ballot order (SDCL 9-13-21; 13-7-13). Note: A candidate or a candidate’s representative may be present for this process. Draw After Petition Filing Deadline Draw After Petition Filing Deadline Deadline for candidates in first-class municipalities and school districts with >2,000 students to file a Candidate Financial Interest Statement (SDCL 12-25-30). Note: Must be filed within fifteen days of the candidate filing their nominating petition. April 8th September 9th Have your governing body appoint election boards (SDCL 9-13-16.1; 13-7-12; ARSD 5:02:05:11.01). Note: Your County Auditor(s) might be able to help find election workers; you may use high school seniors (18+), members of civic organizations, etc. Prior to Election Day Prior to Election Day Publish notices for the voter registration deadline (SDCL 12-4-5.2; ARSD 5:02:04:04). Note: Must be published at least once each week for two consecutive weeks. Weeks of April 26th & May 3rd Weeks of September 27th & October 4th Publish notices of election (SDCL 9-13-13; 13-7-8; ARSD 5:02:04:08; 5:02:04:15). Note: Must be published at least once each week for two consecutive weeks. Weeks of May 17th & May 24th Weeks of October 18th & October 25th 2026 City & School Uncombined Election Calendar June 2, 2026 -- Primary Election -- November 3, 2026 -- General Election -- First day of absentee voting (SDCL 9-13-21; 13-7-13). Note: Yellow sample ballots must be made available to voters when absentee voting begins. May 18th October 19th Deadline for voter registration (SDCL 12-4-5). May 18th October 19th Publish facsimile ballot (SDCL 9-13-13; 13-7-8). Note: Must be published between Monday and Saturday during the week prior to the election. Week of May 24th Week of October 25th IF USING OPTICAL SCAN BALLOTS: Conduct a test of the automatic tabulating equipment that will be used for the election (SDCL 12-17B-5; ARSD 5:02:09:01.01; 5:02:09:01.02). Note: Notice of the test must be published at least forty- eight (48) hours prior to the test. Between May 23rd & June 1st Between October 24th & November 2nd Deadline for a voter to vote absentee in-person (SDCL 12-19-2.1). Note: Deadline is at 5:00 PM or the end of regular office hours, whichever is later. (Monday) June 1st (Monday) November 2nd Deadline for a voter who is confined due to sickness or disability to request an absentee ballot via authorized messenger (SDCL 12-19-2.1). Note: The ballot must be returned prior to 7:00 PM in order for it to be counted. (Tuesday) June 2nd @ 3:00 PM (Tuesday) November 3rd @ 3:00 PM ELECTION DAY! Polls are open from 7:00 AM to 7:00 PM (SDCL 9-13-1; 13- 7-10). Note: The person in charge of the election must be available from 7:00 AM until ballots have been counted and all election materials have been returned. (Tuesday) June 2nd 7:00 AM - 7:00 PM (Tuesday) November 3rd 7:00 AM - 7:00 PM Deadline for official canvass (SDCL 9-13-24; 13-7-18; ARSD 5:02:17:11; 5:02:17:12). Cities: June 9th Schools: Next Regular Meeting After Election Cities: November 10th Schools: Next Regular Meeting After Election Issue Certificates of Election (SDCL 9-13-28; 13-7-18; ARSD 5:02:15:08; 5:02:15:09; 5:02:15:10; 5:02:15:11). Cities: June 11th Schools: Next Regular Meeting After Election Cities: November 12th Schools: Next Regular Meeting After Election Deadline for officials in first-class municipalities and school districts with >2,000 students to file an Elected Official Financial Interest Statement (SDCL 3-1A-4). Note: Must be filed within fifteen days of the official taking the oath of office. Within 15 Days of Oath of Office Within 15 Days of Oath of Office City Election Notes Oaths of Office: There is nothing that outlines the form/wording of an oath of office. Please work with your city’s attorney to write the oath. Also, there is nothing that clearly guides you as to when your officials must take the oath. Work with your attorney regarding this. Refer to SDCL 9-14-5 for the process of qualifying for office. Notices: Please keep holidays in mind when planning notices, as newspaper publication schedules may be affected. Always make sure to get confirmation from your local newspaper that they have received the required notice, that they plan to publish the notice, and—after the planned date of publication—that they actually published the notice. Missed Election Notices: We encourage any city that misses a publication to get it published and post the notice around their jurisdiction. The notice would still be considered late, and the election could still be challenged. Contact your city’s attorney if you miss a notice. Petitions: To check the registration status of the candidate and petition signers (this is required by law), per ARSD 5:02:08:00 and 5:02:08:00.01, go to: http://cityandschoollookup.sdsos.gov/Login.aspx. If you forgot your username and password, or never had one, contact the Secretary of State’s office (Elections@state.sd.us or 605-773-3537) and one will be provided to you. First Class Municipalities: Aberdeen, Belle Fourche, Box Elder, Brandon, Brookings, Harrisburg, Huron, Madison, Mitchell, Pierre, Rapid City, Sioux Falls, Spearfish, Sturgis, Tea, Vermillion, Watertown and Yankton. Home Rule Municipalities: Aberdeen, Beresford, Brookings, Elk Point, Faith, Ft. Pierre, Pierre, Sioux Falls, Springfield and Watertown. Runoff Elections: For cities that have runoff elections, a runoff must be held on June 23rd or November 24th (SDCL 9-13-26.1). We encourage any city with a runoff ordinance to work with their city’s attorney when conducting a runoff election. Contact the Secretary of State’s office with any questions at Elections@state.sd.us or 605-773-3537. Additional election information can be found at: https://sdsos.gov. School Election Notes Election Results: Certified election results must be published in the school board’s minutes within sixty days for the canvass of the election (SDCL 13-7-30 and 13-7-31). Oaths of Office: There is nothing that outlines the form/wording of an oath of office. Please work with your school district’s attorney to write the oath. Also, there is nothing that clearly guides you as to when your officials must take the oath. Work with your attorney regarding this. Reference SDCL 13-8-4 for the process of qualifying for office. Notices: Please keep holidays in mind when planning notices, as newspaper publication schedules may be affected. Always make sure to get confirmation from your local newspaper that they have received the required notice, that they plan to publish the notice, and—after the planned date of publication—that they actually published the notice. Missed Election Notices: We encourage any school that misses a publication to get it published and post the notice around their jurisdiction. The notice would still be considered late, and the election could still be challenged. Contact your school district’s attorney if you miss a notice. Petitions: To check the registration status of the candidate and petition signers (this is required by law), per ARSD 5:02:08:00 and 5:02:08:00.01, go to: http://cityandschoollookup.sdsos.gov/Login.aspx. If you forgot your username and password, or never had one, contact the Secretary of State’s office (Elections@state.sd.us or 605-773-3537) and one will be provided to you. Contact the Secretary of State’s office with any questions at Elections@state.sd.us or 605-773-3537. Additional election information can be found at: https://sdsos.gov. General Notes Counties, cities, and schools that are looking to combine their elections in 2026 will need to produce a written agreement detailing how expenses and responsibilities will be split, as well as how other issues will be handled. Please consider the following (this is not an exhaustive list): 1. How will costs be split? 2. Will all jurisdictions print in the same paper, and who will be responsible for the publications? 3. Who will be responsible for recruiting election workers? 4. Who will be responsible for providing election materials? 5. Where will voting take place? 6. How will absentee voting be handled? 7. What will happen if all jurisdictions agree to combine, but one does not need to have an election after petitions are filed? Negotiations will need to begin early since cities and schools may have to publish vacancy notices in December, even before the election date is officially established. OFFICIAL SOUTH DAKOTA STATE HOLIDAYS – 2026 (SDCL 1-5-1) January 1 New Year’s Day January 19 Martin Luther King, Jr. Day February 16 Presidents’ Day May 25 Memorial Day June 19 Juneteenth July 4 Independence Day September 7 Labor Day October 12 Native Americans’ Day November 11 Veterans’ Day November 26 Thanksgiving Day December 25 Christmas Day 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 25-100,Version:1 Action on Resolution 25-100, a Resolution Transferring City Manager Contingency Funds to City Departments. Summary and Recommended Action: Staff recommends approval of this resolution to authorize a contingency transfer of $34,000 to the Forestry Department to support unanticipated operational expenses in 2025. Attachments: Memo Resolution City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: December 9, 2025 Subject: Resolution 25-100: Transferring Contingency to City Departments Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of this resolution to authorize a contingency transfer of $34,000 to the Forestry Department to support unanticipated operational expenses in 2025. Item Details: The proposed contingency transfer includes:  $11,000 to Temporary Pay  $11,000 to Worker’s Compensation  $12,000 to Maintenance Equipment These needs are primarily driven by the City’s ongoing emerald ash borer (EAB) remediation efforts, which have led to increased wear and tear on equipment and a greater need for temporary or seasonal labor. Additionally, the worker’s compensation increase is due to a rise in annua premium costs. Because of the physical and hazardous nature of forestry operations, this department represents one of the City’s highest insurance cost areas. Premiums increased across all departments in 2025, and the Forestry Department’s allocation rose accordingly. Legal Consideration: Per SDCL 9-21-6.1 and City policy, a contingency transfer may be authorized by resolution of the governing body when sufficient appropriations are available and the transfer is necessary to meet public purposes. 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: This resolution authorizes the following contingency transfer for 2025:  $34,000 form the General Fund Contingency to the Forestry Department o $11,000 to Temporary Pay o $11,000 to Worker’s Compensation o $11,000 to Maintenance Equipment Supporting Documentation: Resolution RESOLUTION 25-100 A RESOLUTION TRANSFERRING CITY MANAGER CONTINGENCY FUNDS TO CITY DEPARTMENTS WHEREAS, the City of Brookings hereby transfers City Manager’s contingency funds to fund unplanned operational obligations of the municipality. This resolution is for the purpose of completing a transfer of contingency funds to the following accounts: 454 Forestry 101-454-5-101-01 Temporary Pay $11,000 101-454-5-130-00 Worker’s Compensation 11,000 101-454-5-425-04 Maintenance – Equipment 12,000 Total Transfers $34,000 The Financing Source for this transfer is from the following account s: 101-405-5-856-99 Contingency Fund $34,000 Total Source of Funding $34,000 WHEREAS, this resolution is deemed necessary for the immediate preservation of the public peace, health, safety and support of the City, and shall become effective upon publication. Passed and Approved this 9th day of December, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 25-099,Version:1 Action on Resolution 25-099, a Resolution Transferring Capital Improvement Plan Sinking Funds. Summary and Recommended Action: Staff recommends approval of this resolution to allocate $634,111 from the City’s CIP Sinking Fund to support the chiller replacement project and boiler upgrades at the City & County Administration Building. Attachments: Memo Resolution City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Jared Thomas, Chief Building Official; Ashley Rentsch, Finance Director Council Meeting: December 9, 2025 Subject: Resolution 25-099: Transferring CIP Sinking Funds Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of this resolution to allocate $634,111 from the City’s CIP Sinking Fund to support the chiller replacement project and boiler upgrades at the City & County Administration Building. Item Details: In August 2025, the City Council approved a Preliminary Development Agreement (PDA) with Johnson Controls, Inc. (JCI) to develop a design and cost proposal for replacement of the chiller system at the City & County Administration building. The PDA obligates the City only to the $54,900 development cost and outlines a shared cost arrangement with Brookings County; 48% City and 52% County. That agreement was previously approved by the Joint Powers Board and the Brookings County Commission. While the final PDA will define the full scope, cost, and design of the replacement project, delays in its completion mean we do not have the true estimates in time for the final Council meeting of the year. However, the timing of procurement and project planning requires funding be in place as soon as the final contract is signed, particularly to allow for the timely ordering of components. During the design phase of the PDA, it was discovered that the buildings heating system boilers are undersized. This transfer will include the City’s share of estimated costs to support these upgrades as well. Upon completion of the PDA, the City intends to utilize an authorized purchasing cooperative to contract with JCI for the project. Under Resolution 25-006, City staff are authorized to approve and execute contracts using such cooperative purchasing methods, and therefore Council approval of the contract itself will not be required. The project will only proceed upon internal administrative approval following receipt and evaluation of the completed PDA. This resolution allocates $634,111; representing the City’s estimated 48% share of the total project cost of $961,065 for the chillers plus $360,000 for the boiler upgrades based on preliminary estimates for a total of $1,321,065. The remaining 52% or $686,954, will be paid by Brookings County. These amounts may be subject to adjustment upon completion and approval of the PDA. Legal Consideration: Per SDCL 9-21-6.1 and City policy, a contingency transfer may be authorized by resolution of the governing body when sufficient appropriations are available and the transfer is necessary to meet public purposes. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: The proposed Resolution authorizes the allocation of $634,111from the City’s CIP Sinking Fund to the City’s share of the chiller replacement project and boiler upgrades at the City & County Administration Building. Supporting Documentation: Resolution RESOLUTION 25-099 A RESOLUTION TRANSFERRING CAPITAL IMPROVEMENT PLAN SINKING FUNDS WHEREAS, the City of Brookings hereby transfers CIP Sinking Funds to fund unplanned operational obligations of the municipality. This resolution is for the purpose of completing a transfer of contingency funds to the following accounts: 420 City & County Administration Building 101-420-5-911-00 Buildings & Structures $634,111 Total Transfers $634,111 The Financing Source for this transfer is from the following account s: 213-405-5-911-00 CIP Sinking Fund $634,111 Total Source of Funding $634,111 WHEREAS, this resolution is deemed necessary for the immediate preservation of the public peace, health, safety and support of the City, and shall become effective upon publication. Passed and Approved this 9th day of December, 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 25-0544,Version:1 Action on City Attorney Legal Services Agreement for 2026. Summary and Recommended Action: Staff recommends the reappointment of the City Attorney and approval of the annual 2026 Legal Services Agreement with Woods, Fuller, Schultz & Smith P.C. The attached agreement is consistent with the 2025 agreement. Attachments: Memo 2026 Agreement and Rate sheet City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Paul Briseno, City Manager Council Meeting: December 9,2025 Subject: City Attorney Legal Services Agreement Person(s) Responsible: Paul Briseno, City Manager Summary and Recommended Action: Staff recommends the reappointment of the City Attorney and approval of the annual 2026 Legal Services Agreement with Woods, Fuller, Schultz & Smith P.C. The attached agreement is consistent with the 2025 agreement. Item Details: The City contracts annually for legal services. In 2025, the City Council selected Woods, Fuller, Schultz & Smith P.C. to provide legal representation, appointing Attorney Vince Jones as City Attorney and identifying Susan T. Rasmussen and Seth A. Lopour as Assistant City Attorneys. The agreement outlines service expectations, conflict-of- interest provisions, reimbursement procedures, and the scope of services, including hourly billing for work performed by additional staff. The proposed 2026 agreement maintains the same structure and service parameters as the 2025 contract. The 2026 operating budget includes $200,000 for legal services, with the City billed at the hourly rate of the attorney performing the work. An additional $4,000 is budgeted for professional membership and training costs. Legal Consideration: The City Attorney was engaged in the proposed increase and contract changes for 2026. Financial Consideration: The financial considerations is approved within the 2026 budget. Strategic Plan Consideration: This action aligns with the City Council’s Strategic area of Fiscal Responsibility – financial transparency, service delivery, service level, outside agency funding . Supporting Documentation: 2026 Agreement and Rate sheet Legal Services Agreement THE CITY OF BROOKINGS AND WOODS, FULLER, SHULTZ & SMITH P.C. agree that the City of Brookings has appointed Woods, Fuller, Shultz & Smith P.C. to serve as City Attorney for the 2026, commencing January 1, 2026, and ending December 31, 2026, unless extended by mutual agreement of the parties, in writing. The City of Brookings and Woods, Fuller, Shultz & Smith P.C. desire to set forth the terms of their Agreement concerning the provision of legal services by Woods, Fuller, Shultz & Smith P.C. as City Attorney as follows: 1. Performance of Legal Services Woods, Fuller, Shultz & Smith P.C. will perform all legal services as provided in the "Scope of Services for City Attorney for the City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for the City Attorney is attached hereto. Woods, Fuller, Shultz & Smith P.C. will perform all legal services which include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Woods, Fuller, Shultz & Smith P.C. will maintain Attorneys Professional Liability coverage in the amount of not less than One (1) Million Dollars ($1,000,000) per claim and not less than One (1) Million Dollars ($1,000,000) aggregate during the term of this agreement. Woods, Fuller, Shultz & Smith P.C. will be responsible to pay any deductible amount under the foregoing coverage. A Certificate of Insurance shall be provided to the City of Brookings at the time this Agreement is executed. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the South Dakota Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Woods, Fuller, Shultz & Smith P.C. will follow the South Dakota Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings. 4. Compensation for Legal Services Woods, Fuller, Shultz & Smith P.C. agrees to provide all of the legal services provided in the Scope of Services, at the Firm’s applicable hourly rates for individuals performing services pursuant to this Agreement, payable within thirty (30) days of each monthly invoice. A current copy of the applicable hourly rates for attorneys performing work for the City shall be attached to this Agreement and made a part hereof. Legal services provided to the City of Brookings in connection with construction and architectural contracts will be separately negotiated between the City of Brookings and Woods, Fuller, Shultz & Smith P.C. 4896-5882-7834, v. 1 2 The legal services provided by Woods, Fuller, Shultz & Smith P.C. will be performed as an independent contractor and Woods, Fuller, Shultz & Smith P.C. shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Four Thousand Dollars ($4,000.00) per year for membership in the International Municipal Lawyers Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meetings of the International Municipal Lawyers Association and the South Dakota Municipal League. The IMLA Annual Conference includes approximately nineteen hours of continuing legal education in the area of Municipal Law. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. In addition, travel to and from Brookings for meetings shall be compensated at the rate of one-half of the travel time required between Sioux Falls and Brookings. 6. Legal Services not within the Scope of Services Woods, Fuller, Shultz & Smith P.C. shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Woods, Fuller, Shultz & Smith P.C. and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. Accordingly, these communications will be compensated as legal services provided they are reasonable and efficiently provided. 7. Appointment and Compensation of City Attorney and Assistant City Attorney While the firm Woods, Fuller Shultz & Smith P.C. will be known as the City Attorney, it is beneficial to the City of Brookings that a primary City Attorney be named and referred to as the City Attorney as well. Accordingly, J. Vincent (“Vince”) Jones shall also be referred to as the City Attorney. In addition, Susan T. Rasmussen and Seth A. Lopour will be referred to as Assistant City Attorneys. If additional attorneys are recommended by the City Attorney to provide services as an Assistant City Attorney, the City Attorney shall recommend to the City Manager that they also be recognized as an Assistant City Attorney. The scope of services for the Assistant City Attorneys shall be as set forth in this Legal Services Agreement. The compensation for the Assistant City Attorneys shall be paid in the same manner as the City Attorney, at their applicable hourly rate. 4896-5882-7834, v. 1 3 Dated this ____day of _______, 202_. WOODS, FULLER, SHULTZ & SMITH P.C. J. Vincent Jones, City Attorney Dated this ____day of _______, 202_. CITY OF BROOKINGS, SOUTH DAKOTA Paul M. Briseno, City Manager ATTEST: _______________________________ Bonnie Foster, City Clerk SCOPE OF SERVICES FOR CITY ATTORNEY FOR THE CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 4896-5882-7834, v. 1 4 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is approved by the City Manager or is due to vacation or illness, or the subject matter of the meeting does not require the assistance of counsel. If the City Attorney is unable to attend, then the Assistant City Attorney shall attend. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. Represent the City of Brookings in Magistrate Court and in Circuit Court in the enforcement of City Ordinances and State laws. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the basic fee, as provided in Section 16 of this Scope of Services. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. The City Manager will be notified when the City Attorney’s hours of legal services reach fifty (50) for the month to allow the City Manager to manage the total hours for the remainder of the month. 10. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 11. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 12. Assist the City Clerk and the private sector firm in Ordinance Codification. 4896-5882-7834, v. 1 5 13. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 14. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost-effective, and accurate operation of the City Attorney’s Office. 15. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 16. The City Attorney’s basic fee does not include the following services: a. Litigation b. Construction and Architectural Contracts. c. Recodification of substantially all of the City Ordinances. All services with the exception of litigation, construction and architectural contracts, and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a., b., and c. above will be as negotiated and agreed upon by the parties. 17. The Assistant City Attorneys shall perform all legal services set forth in this Scope of Services as directed by the City Attorney. 18. The City Manager shall have the prerogative to determine whether attendance by the City Attorney will be necessary at meetings, including Council meetings. Some meetings which are short in duration or which do not involve controversial topics may not require the City Attorney’s attendance. The City Manager will inform the City Attorney as soon as possible as to whether meeting attendance is necessary, and over time this procedure can be informally communicated between the City Manager and City Attorney based on the procedure which works best. When the City Attorney will not be available to attend meetings, the City Attorney will inform the City Manager as early as possible as to who will be attending on behalf of the City Attorney. 4896-5882-7834, v. 1 6 Exhibit A (Rate Sheet) CITY ATTORNEY RATE CHART - Rates as of January 1, 2026 South Dakota Municipalities Files Years Experience Rate 0-2 265 3-5 275 6-10 290 11-15 305 16-20 315 21-25 325 26-35 335 36+ 420 Paralegal 130 ATTY ATB BTP YE ATTY ATB BTP YE ATTY ATB BTP YE ATTY ATB BTP YE EVLS 2025 2025 1 CAD 2015 2019 7 SJM 2005 2005 21 EAL 1993 1994 32 JES 2025 2025 1 SJN 2019 2019 7 JVJ 2004 2004 22 TRS 1992 1994 32 STR 2024 2024 2 SAL 2018 2018 8 RWS 2003 2003 23 GSS* 1985 1985 34 CMM 2024 2024 2 PAK 2017 2017 9 CAM 2003 2003 23 JEM 1989 1991 34 BWM 2023 2024 2 JJF 2015 2015 11 HRO 2001 2001 25 JAP 1991 1991 35 GJK 2024 2024 2 MFB 2013 2014 12 MJS 2000 2001 25 JMW 1980 1980 46 DAD 2021 2022 4 JEE 2012 2013 13 CJL 2001 2001 25 TPS 2022 2022 4 JDV 2012 2012 14 DJH 1999 2000 26 CSC 2022 2022 4 AJB 2010 2010 16 LJM 1998 2000 26 JXB 2021 2021 5 CJK 2007 2009 17 JLW 2000 2000 26 LJC 2021 2021 5 MAM 2007 2007 19 HRS 1999 1999 27 JAB 2019 2020 6 ARD 2005 2006 20 MLC 1994 1996 30 JRS 2020 2020 6 JXS 2006 2006 20 WGB 1995 1995 31 Key ATB = Admitted to Bar BTP = Began to Practice YE – Year’s Active Practice 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 25-0543,Version:1 Executive Session, pursuant to SDCL 1-25-2(1), for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3)Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4)Preparing for contract negotiations or negotiating with employees or employee representatives; 5)Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6)Discussing information pertaining to the protection of public or private property and any person on or within public or private property specific to: a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; b.Emergency management or response; c.Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; d.Cyber security plans, computer, communications network schema, passwords, or user identification names; e.Guard schedules; f.Lock combinations; g.Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and h.Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel. However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents City of Brookings Printed on 12/4/2025Page 1 of 2 powered by Legistar™ File #:ID 25-0543,Version:1 an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2. City of Brookings Printed on 12/4/2025Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 25-104,Version:1 Action on Resolution 25-104, a Resolution Amending the City Manager’s Contract for 2026. Summary and Recommended Action: The City Manager serves at the pleasure of and is appointed by the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018.The Resolution allows for City Council to make adjustments to the City Manager’s compensation package, based on performance and merit, and additional amendments to the City Manager’s contract. There is no staff recommendation on this item as the decision is based on City Council’s performance review of the City Manager and their discretion. Attachments: Memo Resolution 2018 Employment Agreement City of Brookings Printed on 12/4/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Casey Bell, Director of Human Resources Council Meeting: December 9, 2025 Subject: Resolution 25-104: City Manager Contract for 2026 Presenter: Casey Bell, Director of Human Resources Summary: The Resolution allows City Council to make adjustments to the City Manager’s compensation package, based on performance and merit, and additional amendments to the City Manager’s contract. There is no staff recommendation on this item as the decision is b ased on City Council’s performance review of the City Manager and their discretion. Item Details: The City Manager serves at the pleasure of, and is appointed by, the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018. It is prudent to review contractual language for relevance and identify any needed or desired adjustments at regular intervals. Additionally, the City Manager receives an annual performance review from City Council and is eligible for increases to his compensation package based on performance and merit. The Resolution adjusts the City Manager’s compensation package, based on performance and merit, and amends the City Manager’s contract as attached. Legal Consideration: City Attorney Steve Britzman has reviewed the Resolution. Strategic Plan Consideration: The City Manager is responsible for furthering the advancement and achievement of the City Council’s Strategic Plan and five (5) focus areas of Fiscal Responsibility; Safe, Inclusive, and Connected Community; Service and Innovation Excellence; Sustainability; and, Economic Growth. Financial Consideration: The City Manager’s compensation package and contract is subject to adjustment based on the discretion of City Council. Supporting Documentation: Resolution 2018 Employment Agreement RESOLUTION 25-104 RESOLUTION APPROVING THE CITY MANAGER’S EMPLOYMENT AGREEMENT FOR 2026 WHEREAS, the City Council annually approves an Employment Agreement for the City Manager for the ensuing year; and WHEREAS, the position of City Manager is a position appointed by the City Council and the City Council desires that Paul Briseno continue as the City Manager for the City of Brookings; and WHEREAS, the City Council has determined it is appropriate to increase the City Manager’s salary percent, resulting in a total annual salary for 2026 of ; and WHEREAS, the City Manager Employment Agreement shall also provide that the City Manager shall be eligible to receive a cost-of-living increase, bonus and pay range adjustments in the same manner as other City employees; and WHEREAS; the City Council has reviewed and approves the employee benefits provided to the City Manager pursuant to the proposed City Manager Employment Contract; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, that the City Manager Employment Agreement, reflecting the compensation and benefits set forth herein, is hereby approved, and the Mayor and City Clerk are authorized to execute the City Manager Employment Agreement on behalf of the City of Brookings. Passed and Approved this 9th day of December, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk CITY MANAGER EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT is made and entered into this th day of April, 2018, by and between the CITY OF BROOKINGS, State of South Dakota, a municipal corporation, hereinafter referred to as "City", and Paul Briseno, hereinafter referred to as "City Manager". WITNESSETH: WHEREAS, the City desires to employ the services of Paul Briseno as City Manager; and WHEREAS, it is the desire of the governing board, hereafter referred to as the "Council", to provide certain benefits,to establish certain conditions of employment, and to set working conditions of said City Manager; and WHEREAS, City Manager desires to accept employment as City Manager of the City of Brookings; NOW THEREFORE, in consideration of the mutual covenants herein contained,the parties agree as follows: Section 1. Duties. The City hereby agrees to employ Paul Briseno as City Manager of the City of Brookings,to perform the work and duties provided in the City Charter of the City of Brookings, and to perform such other legally permissible and proper functions and du ies as the Council may from time to time assign. Section 2. Emplovment Status as "Exempt". Exempt Status: It is agreed and understood that City Manager is an exempt employee and is not eligible for overtime under the Fair Labor Standards Act. Section 3. Salary. City agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of$135,000.00, payable in installments through the payroll system on a monthly basis at the same time as the other management employees of the City are paid. The City Manager will be eligible for a one (1) year anniversary pay increase, subject to satisfactory performance. Eligible salary adjustments will be considered annually, thereafter, in a percentage range equal to or greater than those given to other management employees and are subject to Council approval and a satisfactory performance evaluation. Section 4. Residency. T`he City Charter requires that the City Manager reside within the City and the City Manager may reside outside the City while under Contract only with the approval of the Council. Section 5. Performance Evaluation. A. The Council shall.duct a review of the performance of the City Manager at least annually. Said performance review and evaluation shall be in accordance with specific criteria developed by the City Council following consultation with the City Manager. Said criteria may be revised as the Council may from time to time determine, following consultation with City Manager. Further,the Mayor shall provide the City Manager with a summary written statement of the Council's findings following the City Manager's performance review and evaluation by the Council, and shall provide an adequate opportunity for the City Manager to discuss his performance evaluation and findings with the Council. B. Annually,the Council and City Manager shall define goals and performance objectives that they determine necessary for the proper operation of the City of Brookings and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives. They shall generally be attainable within the time limitations as specified and with the annual operating and capital budgets and appropriations provided. G In effecting the provisions of this Section,the Council and City Manager also mutually agree to abide by the provisions of applicable law. Section 6. Hours of Work. It is recognized that City Manager must devote significant time outside normal office hours to the business of the City, and,to that end, City Manager will be allowed to take compensatory time off as deemed appropriate during normal office hours. Section 7. Outside Activities. City Manager shall not engage in teaching, consulting or other non-City-connected business without the prior approval of the Council. Section 8. Movin and Relocation Exnenses. A. City Manager shall obtain two (2) quotes for costs associated with packing and moving household goods. City Manager shall be reimbursed, or City may pay directly for the expenses of packing and moving City Manager, City Manager's family, and City Manager's personal property from Kearney,NE to the City af Brookings, with said payment or reimbursement not to exceed the sum of$11,250 which shall include unpacking, any storage costs necessary, insurance charges and any other actual documented moving expenses allowed by IRS regulations. B. The City will provide City Manager with$1,500 per month for a period not to exceed six 6)months to cover expenses and related costs for temparary housing until the time City Manager is able to relocate permanently. 2 C. Should City Manager leave the City Manager position in Brookings voluntaxily, City Manager will be required to reimburse the relocation costs paid to City Manager by the City according to the following schedule: 1. Leave position within first year— 100%reimbursement 2. Leave position within second year—50%reimbursement 3. Leave position within third year—25% reimbursement 4. Leave position within fourth year and thereafter—0% reimbursement. Section 9. Holidays, Vacation, and Sick Leave. A. The City Manager will be granted the same number of holidays as other management exempt) employees of the City. B. Upon employment, the City Manager will receive a two (2) week bank of vacation leave and will be given credit for ten(10) years of service, and, in accordance with City policy, the City Manager will accrue vacation time at the rate of 13.33 hours per month to accrue until the maximum 280 hours allowed per current City policy is reached. This particular policy will not apply to iongevity pay. C. Upon employment,the City Manager will receive a one hundred sixty(160)hour 4 week) bank of sick leave. The City Manager will accrue sick leave in accordance with the City rate of 12 hours per month to be used against the sick leave bank and continue to accumulate to the ma cimum of 1500 hours allowed based on employment date after January 1, 2013, per current City policy. D. The City of Brookings shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, City ordinances or any other law. All provisions of the Brookings City Code, City ordinances, resolutions, regulations and rules of the City of Brookings relating to holidays and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to City Manager as they would to other exempt employees of the City of Brookings, in addition to said benefits enumerated specifically for the benefit of the City Manager except herein as provided. Section 20. No Reduction of Benefits. City shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of City Manager, except to the degree of such a reduction which is applicable across the board for all other management employees of the City. Section 11. Insurance. A. The City will provide City Manager with health, life, dental, and vision insurance coverages at the same rate as other management exempt employees. As per City policy, the City wiil pay 75% of premiums for health insurance for the City Manager and his dependents, 75% of the single premium toward all plans for dental and vision coverage, 3 and 100%of basic term and AD&D life insurance premiums providing Fifty Thousand Dollars ($50,000) coverage. In addition,the City will offer City Manager participation in the Section 125 Flex plan. Additional insurance coverage may be available at the City Manager's sole expense. B. City shall furnish and provide City Manager with insurance protection inciuding comprehensive general liability and errors and omissions coverage applicable to all acts or omissions of City Manager arising out of his employment. Section 12. Pension. The City Manager will participate in the South Dakota Retirement System (SDRS). The City Manager participates monthly in SDRS with a 6% deduction and the City of Brookings participates with a 6%match. In addition,the City shall also contribute five (5%)percent of City Manager's compensation to a deferred compensation plan selected by the City IVlanager. Section 13. Automobile. The City will provide the City Manager a car allowance of Five Hundred Dollars ($500)per month for his use to conduct City business within the City and the County of Brookings. The City will reimburse the City Manager for mileage for City related trips made outside the County of Brookings. All travel outside the County limits using City Manager's personal vehicle will be reimbursed at the current City rate per mile. Calculation of mileage will be based on the distance from Brookings. Section 14. Dues,Conferences, and Subscrintions. A. City agrees to budget and pay for dues and subscriptions of City Manager necessary for his membership and full participation in national, regional, state, and local associations/organizations desirable for his continued professional growth and advancement, and for the good of the City. B. Within budget considerations and Council approval,the City hereby agrees to budget and pay for travel and subsistence expenses for City Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of City Manager and adequately pursue necessary official functions for the City, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state and local governmental groups and committees for the good of the City. C. City also agrees to budget for and to pay for travel and subsistence expenses of City Manager for short courses, institutes and training seminars that are necessary for his professional development and for the good of the City. Section 15. Civic Club Membership and Business Expenses. A. City recognizes the desirability of representation in and before local civic and service organizations, for which City shall pay all membership expenses. City Manager shall report to the City on each such membership and the City will reimburse City Manager or pay directly such membership fees. 4 B. The City shall reimburse City Manager for all employment-related expenses, including, but not limited to meals, cost of registration, travel and mileage and any other subsistence costs relating to the conduct of City Business. C. A City cell phone will be provided to the City Manager and primarily used for business purposes. A reasonable amount of personal use is acceptable as the cell phone is expected to be carried on a routine basis. Section 16. Indemnification. City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of City Manager's duties as City Manager. City will compromise and settle any such claim and pay the amount of any settlement or judgment rendered thereon. Section 17. Bond. City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Section 18. Suspension and Termination. The City Manager may be suspended by a resolution approved by tke affirmative vote of four (4) or more Members of the City Council which shall set forth the reasons for suspension and proposed termination("removal"). A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen (15) days in which to reply thereto in writing. The City Manager may request and shall be afforded a public hearing, and the City Council shall set a time for a public hearing upon the question of the City Manager's termination. After the public hearing, if one is requested, the City Council, by the affirmative vote of four (4) of its total membership, may adopt a final resolution of termination. The City Manager shall continue to receive full salary until the effective date of a final resolution of termination of employment. Section 19. Termination and Severance Pay. A. The City Manager will serve at the will of the Council and may be terminated immediately in the sole discretion of the City, with or without cause, at any time. B. Should the Council terminate the City Manager's employment without cause during any year of employment, the City Manager will receive six (6)months of notice or severance compensation. City Manager shall also be compensated for all remaining accrued vacation benefit time to the date of termination. Severance compensation shall be payable on a monthly basis on the same schedule as other management level payroll. Severance compensation shall include all benefits provided in this Agreement. The obligation to pay severance compensation, however, will terminate when the City Manager has obtained a position of comparable responsibility and compensation. 5 C. In the event the City Manager is terminated for cause or for a conviction of a criminal offense,then, in that event,the City shall have no obligation to pay the severance compensation indicated in the above paragraph. Examples of cause may include, but are not limited to: 1) City Manager willfully and continuously fails or refuses to comply with the terms of this Agreement or the policies, standards and regulations of the City as are from time to time estabiished; 2) City Manager shall be found guilty of fraud, dishonesty, misappropriation of funds, embezzlement, or other act of misconduct in the rendering of services on behalf of the City. D. Nothing in this agreement shall be construed to prevent, limit, or otherwise interfere with the right of the Council to terminate the services of the City Manager at any time or with the right of the City Manager to resign from his position as City Manager of the City at any time. Section 20. Voluntary Resignation. In the event City Manager elects to voluntarily resign or retire, he shall give the City thirty (30) days advance written notice of the intent to terminate employment. Section 21. Other Terms and Conditions of Emplovment. The City, following consultation with the City Manager, may establish any such other terms and conditions of employment relating to the performance of the City Manager as it deems appropriate from time to time; provided,that such terms and conditions are not inconsistent with or in conflict with the express provisions of this agreement,the City Charter or any law or regulation. No such additional terms or conditions shall be effective unless first reduced to writing and furnished to the City Manager as mutually agreed by the City Manager and the City, as an addendum to this Agreement. Section 22. Vehicle Insurance. The City Manager shall maintain continuously in force with respect to all such vehicles a policy of liability insurance having minimum limits identified in the City Vehicle Driving Policy. The City Manager sha11 maintain an acceptable driving record as outlined within the City Vehicle Driving Policy, and upon request, shall provide the City's risk management office with appropriate proof of compliance with the insurance requirements of this Section. Section 23. Powers and Duties of Citv Mana er. The duties and responsibilities of the City Manager shall be in accordance with South Dakota State law,the Brookings City Charter,the City Governance and Ends Policies, all ordinances and resolutions of the City of Brookings, and such policies as shall be adopted from time to time by 6 the City Council. The duties and responsibilities of the City Manager shall include but not necessarily be limited to the following list: The City Manager shall be the chief administrative o cer of the City, responsible to the Council for the administration of all city tnatters placed in the city manager's charge by or under this Agreement and the City Charter. The City Manager shall: A. Appoint and, when necessary in his discretion, suspend or remove all city employees and appointive administrative officers provided for by or under the City Charter. The City Manager may authorize any administrative employee or officer subject to the City Manager's direction and supervision to exercise these powers with respect to subordinates in that employee or officer's department, office or agency; B. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by the Charter or by other applicable law; C. Attend all City Council meetings. The City Manager shall, except when the governing body may be considering suspension or removal of the City Manager, have the right to take part in discussion at City.Council meetings; D. See that a11.l vvsp provisions of,the City Charter and acts of the City Council, subject to enforcement`by the City 1Vlanager or by employees or officers subject to the City Manager's direction and supervision, are faithfully executed; E. Prepare and submit the annual budget and capital program to the City Council; F. Submit updates annually on the date specified by the City Council a five-year capital program in such form as the City Manager deems desirable or the City Councii may require; G. Submit updates annualiy on the date specified by the City Council a five-year financial plan in such form as the City Manager deems desirable or the City Council may require; H. Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal yeax; I. Make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to the City.Manager's direction and supervision; J. Keep the City Council advised as to the financial condition and future needs of the City; Sign all warrants for the payment of money, and the same shall be countersigned by the Clerk, hut no warrant shall be issued until the claim therefor has been approved by the City Council, except as may be otherwise provided by ordinance or resolution; K. Be the personnel director of the City; L. Make recommendations to the City Council concerning the affairs of the City; M. Provide support staff to assist the Mayor and other Council members; and N. Perform such duties as are specified in the City Charter or as may be required by the City Council. Section 24. General Provisions. a) This Agreement shall constitute the entire agreement between the parties. 7 b) This Agreement shall be binding upon and inure to ihe benefit of the heirs and executors of the City Manager. c) Except as expressly provided herein,neither party shall assign rights or delegate duties arising from this Agreement without first obtaining the express written consent of the other. d) Should any provision of this agreement or any portion thereof,be held unconstitutional, invalid,or unenforceable,the remainder of this agreement shall be deemed as severable,shall not be affected and shall remain in full force and effect. e) This agreement is governed by South Dakota law. IN WITNESS WHEREOF,this Agreement has been entered into by the parties hereto. CITY OF BROOKINGS B} _C Keith Corbett,Mayor A vv Shari Thornes,City Clerk Y (fk/ By CL l u. — ul Briseno,City Manager 8