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HomeMy WebLinkAbout2026_01_27 CC PacketCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, January 27, 2026 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum. At this time, any member of the public may make a brief announcement or invitation, or request time on the agenda for an item not listed. Items to be added to the agenda will be scheduled at the end of the meeting. Individuals will state their name and city of residence for the record. Public Comment is limited to a maximum of three minutes per person. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. 5. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Action to approve City Council meeting minutes.ID 26-00295.A. Page 1 City of Brookings January 27, 2026City Council Meeting Agenda - Final 01/13/2026 CC Minutes 01/20/2026 CC Study Session Minutes Attachments: Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. ID 26-00245.B. Memo SDCL References Attachments: Action on Resolution 26-006, a Resolution authorizing the Brookings Summer Arts Festival Committee to have Exclusive Use of Pioneer Park. RES 26-0065.C. Memo Resolution Attachments: Action on Resolution 26-005, a Resolution declaring surplus property for the City of Brookings. RES 26-0055.D. Memo Resolution Attachments: Action on Resolution 26-009, a Resolution in support of an Application for Financial Assistance to the South Dakota Housing and Development Authority by Mills Development Corporation, and / or its, Affiliates, Agents, or Assigns, for the Benefit of Multi-Family Development. RES 26-0095.E. Memo Resolution Map Concept Attachments: 6. Presentations/Reports: Report: SDSU Student Association.ID 26-00136.A. 7. Contracts/Change Orders: NONE 8. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. Introduction and First Reading on Ordinance 26-003, an Ordinance Amending Chapter 70 - Solid Waste, of the Code of Ordinances of the City of Brookings, South Dakota. Public Hearing and Action: February 10, 2026. ORD 26-0038.A. Page 2 City of Brookings January 27, 2026City Council Meeting Agenda - Final Memo Ordinance - clean Ordinance - marked Legal Notice Presentation Attachments: Introduction and First Reading on Ordinance 26-004, an Ordinance to Change the Zoning Within the City of Brookings (Lot 1 of Clark 2nd Addition from an Agricultural A District to an Industrial I-1 Light District). Public Hearing and Action: February 10. ORD 26-0048.B. 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: Introduction and First Reading on Ordinance 26-005, an Ordinance to Change the Zoning Within the City of Brookings (Block 1 of Mills Third Addition, Excluding H1 & H2 from a Residential R-3A Apartments/Mobile Homes/Manufactured Housing District to a Business B-2 District). Public Hearing and Action: February 10. ORD 26-0058.C. 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: 9. Public Hearings and Second Readings: Public Hearing and Action on a Special Event / Temporary Alcoholic Beverage Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on March 21, 2026, for a St. Patrick’s Day Trivia Fundraiser Event to be held at 1700 8th Street South. ID 26-00289.A. Page 3 City of Brookings January 27, 2026City Council Meeting Agenda - Final Memo Hearing Notice SDCL Reference Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Public Hearing and Action on Ordinance 26-001, an Ordinance Amending Chapter 74 - Streets, Sidewalks, and Other Public Places, of the Code of Ordinances of the City of Brookings, South Dakota. ORD 26-0019.B. Memo Ordinance - clean Ordinance - marked Legal Notice Right of Way Work Policy - DRAFT Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 1/13/26 City Council read into the record Public Hearing and Action on Ordinance 26-002, an Ordinance Amending Chapter 22 - Buildings and Building Regulations of the Code of Ordinances of the City of Brookings, South Dakota. ORD 26-0029.C. Memo Ordinance - Clean Ordinance - Marked Legal Notice Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 1/13/26 City Council read into the record 10. Other Business: Action on Resolution 26-012, a Resolution Authorizing the Carry Forward of Outstanding Encumbrances. RES 26-01210.A. Memo Resolution Purchase Order and Budget Adjustment Detail Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 26-004, a Resolution Amending the Consolidated Fee Schedule. RES 26-00410.B. Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call Page 4 City of Brookings January 27, 2026City Council Meeting Agenda - Final Action on Resolution 26-013, a Resolution Establishing the 2026 Fees for Parks, Recreation, Forestry, and Edgebrook Golf Course. RES 26-01310.C. Memo Resolution Beneficaiary of Service 2026 Park Fees Marked 2026 Park Fees Clean Edgebrook 2026 Fees Clean Edgebrook 2026 Fees Marked Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 26-014, a Resolution Authorizing the Transfer of Real Property to Brookings Regional Humane Society for the Purpose of Public, Charitable, or Humanitarian Purposes. RES 26-01410.D. Memo Resolution Gifting Agreement Property Location Map Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 26-008, a Resolution selecting the Dacotah Bank Center or Wiese Property as the Site for the Future Brookings Police Department Facility. RES 26-00810.E. Memo Resolution Location Map Attachments: Action: Motion, Request Public Comment, Roll Call City of Brookings Progress Report.ID 26-003211. Progress ReportAttachments: 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager Brookings City Council Staff: Paul M. Briseno, City Manager Bonnie Foster, City Clerk J. Vincent Jones, Attorney-at-Law, Woods, Fuller, Shultz and Smith P.C. Page 5 City of Brookings January 27, 2026City Council Meeting Agenda - Final Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 6 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0029,Version:1 Action to approve City Council meeting minutes. Attachments: 01/13/2026 City Council Minutes 01/20/2026 City Council Study Session Minutes City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL January 13, 2026 (unapproved) The Brookings City Council held a meeting Tuesday, January 13, 2026 at 6:00 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, and Tilton Byrne; Absent: 1 - Wendell. Open Forum. Craig Jorgensen, Aurora resident, expressed some concerns with the City of Brookings License Plate readers and how the data collected is used and shared with other entities. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the consent agenda be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. A. Action to approve the December 16, 2025 City Council Minutes. B. Action on Resolution 26-001, a Resolution designating Official Depositories. RESOLUTION 26-001 – RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES PURSUANT TO SDCL 9-22-6, the City Council of the City of Brookings, SD, hereby designates the following as depositories for Municipal Funds of the City of Brookings for the ensuing year: Bank Star Financial, Central Bank, Dakotah Bank, Dakotaland Federal Credit Union, First Bank & Trust, First Interstate Bank, S D Public Fund Investment Trust, and Wells Fargo Bank. C. Action on Resolution 26-002, a Resolution designating the Official Newspaper. RESOLUTION 26-002 - RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER PURSUANT TO SDCL 9-12-6, the City Council of the City of Brookings, SD, hereby designates the Brookings Register as the official newspaper for the City of Brookings, for a period of time, not to be less than 12 months. D. Action on Resolution 26-003, a Resolution designating Purchase Authorities. RESOLUTION 26-003 - RESOLUTION DESIGNATING PURCHASE AUTHORITIES WHEREAS, the City of Brookings is required to comply with South Dakota Codified Laws associated with Pubic Agency Procurement (SDCL 5-18A-1 through 5-18A- 53); and WHEREAS, the City of Brookings desires to utilize purchasing authorities and active governmental contracts to make the procurement process more efficient and less costly; and WHEREAS, the City of Brookings desires to allow local businesses the opportunity to meet or exceed publicly bid and awarded contract pricing and delivery times. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby designates the following purchase authorities for use by City of Brookings staff for the ensuing year: Buy Board; Cooperative Purchasing Venture; Cooperative Purchasing Connection; GSA Advantage; H-GAC; Minnesota State Cooperative Purchasing Venture; NASPO ValuePoint; Omnia Partners; Sourcewell; South Dakota State Contracts; South Dakota State Surplus; The Interlocal Purchasing System (TIPS). BE IT FURTHER RESOLVED, that the City of Brookings hereby authorizes City staff, as per SDCL 5-18A-22, to piggy-back on any active contract for supplies or services, other than professional services, that has been awarded by any governmental entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months. BE IT FURTHER RESOLVED, that the City of Brookings directs staff to solicit local businesses, if such exist, that are in the business of providing the services or supplies being procured off active contracts. Report: SDSU Student Association. Anna Hundt, SDSU Student’s Assoc. Government Affairs Chair, provided an update on SDSU current affairs. Report: City Council Ex-Officio Reports. A Brookings Municipal Utility Board report was given by Council Member Specker. A Brookings Health Systems Board of Trustees report was given by Council Member Hager. FIRST READING – Ordinance 26-001. Introduction and First Reading was held on Ordinance 26-001, an Ordinance Amending Chapter 74 - Streets, Sidewalks, and Other Public Places, of the Code of Ordinances of the City of Brookings, South Dakota. Public Hearing and Action: January 27, 2026. FIRST READING – Ordinance 26-002. Introduction and First Reading was held on Ordinance 26-002, an Ordinance Amending Chapter 22 - Buildings and Building Regulations of the Code of Ordinances of the City of Brookings, South Dakota. Public Hearing and Action: January 27, 2026. Resolution 25-106. A public hearing was held on Resolution 25-106, a Resolution of Intent to Lease Real Property north of the Brookings Regional Landfill. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution 25-106 be approved. The motion carried by the following vote: Yes: 6 – Avery, Doran, Hager, Niemeyer, Specker, and Tilton Byrne; Absent: 1 - Wendell. RESOLUTION 25-106 - RESOLUTION OF INTENT TO LEASE REAL PROPERTY WHEREAS, the City of Brookings owns 115 acres of tillable farm land in Section 8-T110N – R49W, in the County of Brookings, South Dakota; and 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. WHEREAS, a Public Hearing on this Resolution was held on January 12, 2026 at 6:00 p.m. in the chambers at the Brookings City and County Government Center and all persons were given an opportunity to be heard on the intent to lease real property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings will enter into a lease agreement with David Berndt as set forth above; and B. The City Manager or his designee is authorized to execute a new lease agreement in accordance with this Resolution. Ordinance 25-046. A public hearing was held on Ordinance 25-046, an Ordinance Pertaining to a Conditional Use Permit to Establish a Concrete, Asphalt and Rock Crushing Facility in an Industrial I-1 Light District (21625 471st Avenue). A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Ordinance 25-046 be approved. The motion carried by the following vote: Yes: 6 – Avery, Doran, Hager, Niemeyer, Specker, and Tilton Byrne; Absent: 1 - Wendell. On-Off Sale Malt License Transfer, with Video Lottery. A public hearing was held on a request to transfer an On-Off Sale Malt License, with Video Lottery Authorization, for Tee’d Off Golf, located at 2508 Wilbert Court, Suite B, from Tee'd Off Golf LLC, to Nicholas Picek. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the On-Off Sale Malt License, with Video Authorization, transfer be approved. The motion carried by the following vote: Yes: 6 – Avery, Doran, Hager, Niemeyer, Specker, and Tilton Byrne; Absent: 1 - Wendell. City Council Member Introduction of Topics for Future Discussion. A motion was made by Council Member Doran, seconded by Council Member Tilton Byrne, to add a discussion on the Dacotah Bank Center to the January 20th Study Session. The motion carried by the following vote: Yes: 6 – Avery, Doran, Hager, Niemeyer, Specker, and Tilton Byrne; Absent: 1 - Wendell. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that this meeting be adjourned at 6:32 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Addendum City of Brookings 2024 Payroll – SDCL 6-1-10 (Addendum to the 1/13/2026 City Council Minutes.) Department Employee Name Position Wage Airport Dahl, Lucas Airport Manager $42.69 Airport Torgrude, Brett Airport Operations Maintenance Technician $28.73 Animal Control McMath, Chase Community Service Officer $25.68 Animal Control Spoonemore, Hudson Community Service Officer $26.50 City Clerk Foster, Bonnie City Clerk $44.52 City Manager Beckman, Samantha Assistant City Manager $54.73 City Manager Briseno, Paul City Manager $107.74 City Manager Welu-Fawcett, Jessica Communications Specialist $34.29 City Manager Mays, Johnny Deputy City Manager $71.88 City Manager Ritter, Angela Executive Administrative Assistant $31.60 City Manager Fuller Bordewyk, Sherry Public Information Officer $45.64 Community Development Maca, Bailey Associate Planner $30.80 Community Development Ammann, Patrick Building Inspector $34.60 Community Development Thomas, Jared Chief Building Official $50.44 Community Development Miller, Ryan City Planner $46.19 Community Development Struck, Michael Community Development Director $67.80 Community Development Karl, Aaron Geographic Information System Specialist $32.79 Community Development Keizer, Sarah Housing Inspector $31.06 Community Development Regnier, Alissa Office Manager - Community Development-PW $28.33 Community Development Bortnem, Katie Jo Permit Technician $31.68 Council Avery, Wayne Council Member $768.75 Council Doran, Brianna Council Member $768.75 Council Hager, Lisa Council Member $768.75 Council Specker, Bonny Council Member $768.75 Council Tilton Byrne, Holly Council Member $768.75 Council Wendell, Nicholas Council Member $768.75 Council Niemeyer, Oepke Mayor $1,025.00 Dispatch Auen, Brittney Communications Operator - Dispatcher $23.88 Dispatch Burkhalter-Sweeney, Stacy Communications Operator - Dispatcher $25.59 Dispatch Kreutner, Alyssa Communications Operator - Dispatcher $25.56 Dispatch Lee, Eric Communications Operator - Dispatcher $31.67 Dispatch Odegaard, Brandy Communications Operator - Dispatcher $25.53 Dispatch Ollerich, Lorileen Communications Operator - Dispatcher $26.21 Dispatch Poppen, Kristen Communications Operator - Dispatcher $25.58 Dispatch Williams, Christopher Communications Operator - Dispatcher $24.17 Dispatch Goff, Donald IT Manager $48.16 Dispatch Debough, James Lead E911 Dispatcher $29.73 Dispatch Johnson, Caleb Lead E911 Dispatcher $29.79 Dispatch Rue, Emily Lead E911 Dispatcher $27.64 Dispatch Williams, Brittany Lead E911 Dispatcher $27.64 Dispatch Peterson, Shawn Sergeant $42.83 Edgebrook Golf Course Redenius, Gregory Golf Course Superintendent $42.61 Edgebrook Golf Course May, Daniel Golf Technician $23.97 Finance Wittmeier, Rachel Accounting Specialist $25.69 Finance Luoma, Tyler Assistant Finance Director $43.58 Finance Rentsch, Ashley Finance Director $64.02 Finance Madsen, Gwendlyn Senior Accounting Specialist $33.94 Fire Scott, Jeremy Deputy Fire Chief $47.27 Fire Hughes, Troy Fire Chief $73.65 Fire Runge, Jared Fire Marshal $38.13 Forestry Burggraff, Ryan Forestry Supervisor $34.95 Forestry Femrite, Jolie Forestry Technician I $22.29 Forestry Goldhorn, Gabel Forestry Technician I $22.91 Forestry Ramlo, Ryker Forestry Technician II $25.81 Forestry Schaller, Caleb Forestry Technician II $25.81 Human Resources Bell, Casey Director of Human Resources $57.73 Human Resources Simet, Maureen HR - Risk Manager $41.98 Human Resources Olson, Nancy Human Resources Assistant $28.76 Information Technology Goff, Donald IT Manager $48.16 Information Technology Kponyoh, Korku IT Specialist $37.04 Library Gill, Nita Adult Services Librarian - Operations Super $40.22 Library Eberline, Katherine Children's Services Coordinator $32.00 Library Lenning, Betsy Circulation Assistant - Inter Library Loan $23.88 Library Timmerman, Grace Circulation Assistant - Technology Services $23.67 Library Stuart, Charles Circulation Manager $23.89 Library Neubauer, Mikaela Community Service Coordinator $24.88 Library Gustafson, Ashia Director of Library Services $54.52 Library Andreasen, Shane Office Manager - Library $26.57 Library Swenson, Nancy Tech Services Librarian - Programming Super $38.51 Library Kluck, Jennifer Young Adult Services Coordinator $26.06 Liquor Ekeland, Andrew Assistant Manager $29.55 Liquor Hanson, Brian Inventory Control Clerk $26.32 Liquor Heldt, William Liquor Store Manager $44.12 Liquor Cyphert, Elizabeth Sales Associate - Clerk $19.39 Parks Bauman, Joshua Assistant Parks, Rec, and Forestry Director $45.84 Parks Deblonk, William Park Supervisor $35.16 Parks Olson, Seth Park Supervisor $32.00 Parks Timm, Daniel Park Supervisor $34.50 Parks Olson, Paul Park Technician I $23.94 Parks Santema, Randy Park Technician I $23.92 Parks Wiles, Matthew Park Technician I $22.74 Parks Engbrecht, Christopher Park Technician III $29.88 Parks Hartung, Stephen Park Technician III $29.86 Parks Julius, Breann Park Technician III $28.73 Parks Schultz, Payton Park Technician III $27.40 Parks Zimmerman, Kristin Parks, Recreation, and Forestry Director $57.97 Parks Bren, Mark Shop Supervisor - Mechanic - Parks $35.19 Police Drake, Michael Chief of Police $72.61 Police Pollman, Geoffrey Corporal-Investigations $38.10 Police Rogers, Dana Corporal-Investigations $38.10 Police Widicker, Rick Corporal-Investigations $34.15 Police Dejong, Luke Corporal-Patrol $38.10 Police Kreutner, Austin Corporal-Patrol $36.21 Police Olson, Cora Corporal-Patrol $34.15 Police Vukovich, Jacob Corporal-Patrol $37.00 Police Baranyos, Ryan Deputy Chief of Police $66.53 Police Radtke, Trevor Evidence Technician - Clerk $26.83 Police Christianson, Midge Executive Coordinator $31.88 Police Andersen, Timothy Patrol Officer $36.63 Police Armstrong, Jarett Patrol Officer $30.02 Police Bonnema, Seth Patrol Officer $36.63 Police Bowden, Nathan Patrol Officer $34.64 Police Bowden, Robert Patrol Officer $32.75 Police Dodds, Dakota Patrol Officer $32.54 Police Donbroski, Trevor Patrol Officer $30.74 Police Hart, Jorrie Patrol Officer $36.63 Police Isler, Devon Patrol Officer $30.47 Police Johnson, Kyle Patrol Officer $32.79 Police Master, Remi'Marcus Patrol Officer $32.64 Police Page, Zachary Patrol Officer $32.90 Police Roberts, Scott Patrol Officer $32.83 Police Schliepsiek, Margaret Patrol Officer $30.47 Police Schneider, Drayden Patrol Officer $29.95 Police Schreur, Bryan Patrol Officer $32.88 Police Thury, Easton Patrol Officer $30.47 Police Walterman, Lisa Patrol Officer $31.24 Police Warkenthien, Eric Patrol Officer $35.86 Police Hovelson, Kayla Police Accreditation Manager $27.64 Police Garry, Drew Police Lieutenant - Administrative $50.75 Police Coon, Terry Police Lieutenant - Patrol $51.02 Police Schneider, Joshua School Resource Officer $36.63 Police Engstrom, Dustyn Sergeant $37.66 Police Franklin, Brian Sergeant $41.43 Police Larsen, Rhett Sergeant $39.82 Police Peterson, Shawn Sergeant $42.83 Police Weinrich, Jonathan Sergeant $39.99 Public Works Drietz, Thad Assistant City Engineer $51.96 Public Works Richter, Charles City Engineer $60.78 Public Works Regnier, Alissa Office Manager - Community Development-PW $28.33 Public Works Thompson, John Public Works Director $77.00 Public Works Schwartz, Lana Staff Analyst I $32.30 Recreation Marler, Elizabeth Office Manager - Parks, Rec, and Forestry $26.39 Recreation Claussen, Stacy Recreation Manager $43.76 Recreation Hoff, Darren Recreation Manager $41.26 Recreation Strohfus, Angela Senior Services Supervisor $31.61 Solid Waste Collection Stiegelmeier, Katie Business Operations and Logistics Manager $34.70 Solid Waste Collection Norwood, Jeremiah Heavy Equipment Operator - Solid Waste $26.30 Solid Waste Collection Hartley, Paul Lead Sanitation - Solid Waste Collector $29.02 Solid Waste Collection Keizer, Jason Sanitation - Solid Waste Collector $22.49 Solid Waste Collection Klingbile, Brian Sanitation - Solid Waste Collector $27.64 Solid Waste Collection Mumby, Aaron Sanitation - Solid Waste Collector $27.64 Solid Waste Collection Myhre, Zachary Sanitation - Solid Waste Collector $21.82 Solid Waste Collection Kuhn, Charles Solid Waste Manager $46.25 Solid Waste Disposal Stiegelmeier, Katie Business Operations and Logistics Manager $34.70 Solid Waste Disposal Wiles, Tammy Disposal Site Attendant $21.24 Solid Waste Disposal Cook, Calvin Heavy Equipment Operator - Solid Waste $31.99 Solid Waste Disposal Johnson, Larry Heavy Equipment Operator - Solid Waste $27.85 Solid Waste Disposal Norwood, Jeremiah Heavy Equipment Operator - Solid Waste $26.30 Solid Waste Disposal Smidt, Todd Heavy Equipment Operator - Solid Waste $32.61 Solid Waste Disposal Vostad, Justin Landfill Supervisor $32.94 Solid Waste Disposal Thompson, John Public Works Director $77.00 Solid Waste Disposal Kuhn, Charles Solid Waste Manager $46.25 Solid Waste Disposal Schwartz, Lana Staff Analyst I $32.30 Streets Athey, Kurt Advanced Equipment Operator - Streets $28.74 Streets Boland, Kegan Advanced Equipment Operator - Streets $24.70 Streets Dorow, Preston Advanced Equipment Operator - Streets $23.52 Streets Janssen, Jeremy Advanced Equipment Operator - Streets $28.73 Streets Thelen, Zachoriah Advanced Equipment Operator - Streets $26.62 Streets McClain, Josh Assistant Street Manager $47.06 Streets Hanson, Eric Heavy Equipment Operator - Streets $29.85 Streets Holmgren, Bevan Heavy Equipment Operator - Streets $27.61 Streets Johnson, Keith Heavy Equipment Operator - Streets $30.15 Streets Wagner, Martin Master Mechanic $35.19 Streets Berkness, Alexander Street Foreman $33.22 Streets Hartenhoff, Derk Street Foreman $33.22 Streets Johnson, Todd Street Foreman $36.14 Streets Linstad, Jeremy Street Manager $49.93 Streets Hornseth, Chase Street Mechanic $30.41 BROOKINGS CITY COUNCIL January 20, 2026 (unapproved) The Brookings City Council held a Study Session on Tuesday, January 20, 2026 at 6:00 PM, at the Brookings City & County Government Center Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Brianna Doran, Lisa Hager, Bonny Specker, Holly Tilton Byrne, and Nick Wendell. Absent: Council Member Wayne Avery. City Manager Paul Briseno, City Attorney J. Vincent Jones, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell; Absent: 1 - Avery. Presentation: OnBoardGOV. Bonnie Foster, City Clerk, presented to the City Council and public the new OnBoardGOV volunteer board management system. OnBoardGOV will save staff time, allow staff to update contact information for board members, track membership, print board books, and quickly generate reports, including term expirations and vacancies, and allow the public to submit an application to serve online using the system's streamlined application process. Update: Police Facility Site Considerations. City Manager Paul Briseno and Police Chief Michael Drake provided an update on the Brookings Police Department site evaluations, and recommended site for council determination. Presentation: Dacotah Bank Center. Kristin Zimmerman, Parks, Recreation & Forestry Director, Samantha Beckman, Assistant City Manager, and Johnny Mays, Deputy City Manager, presented an overview of the Dacotah Bank Center, in advance of Oak View Group's contract expiration at the end of this year. The presentation provided an overview of the facility and financial trends. Staff recommended engaging the public to determine the long-term use of the facility. (Council Member Wendell left at 7:20 p.m.) Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council member Doran, that this meeting be adjourned at 7:31 PM. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0024,Version:1 Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License requests from existing alcohol license holders. Attachments: Memo SDCL References City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: January 27, 2026 Subject: Special Event / Temporary Alcoholic Beverage License Requests Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License request s for existing on-sale alcoholic beverage license holders. Item Details: South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic beverage licenses require action by the governing body for all Temporary Alcoholic Beverage License Applications. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the lice nse holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on -sale alcoholic beverage license. Licenses issued are event specific. The event duration cannot exceed 15 days. Staff requests approval for the following special event / temporary alcoholic beverage license from:  Sodexo Catering (License Holder RB-28249 and RW -28251): o SDSU TL26-014 (9/24/2026) – OLPAC endowed position holders (OLPAC) o SDSU TL26-015 (4/18/2026 – Addison / Mason Wedding (Dana J Dykhouse Stadium – Club 71) o SDSU TL26-016 (2/12/2026) – SD Art Museum member event (SD Art Museum) o SDSU TL26-017 (2/5/2026) – Hurley & Assoc. Elevate Event (Dana J. Dykhouse Stadium – Club 71) o SDSU TL26-018 (4/7/2026) – SDSU Foundation Event (First Bank & Trust Arena) o SDSU TL26-019 (2/25/2026) – American Fisheries Society Event (SDSU USU – Volstorff Ballroom) o SDSU TL26-020 (2/17/2026) – Celebration of Faculty Excellence (SDSU USU – Volstorff Ballroom) o SDSU TL26-021 (3/27/2026) – SD Coaches Assoc. Clinic (Dana J. Dykhouse Stadium – Club 71) Legal Consideration: None Strategic Plan Consideration: Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage licenses keeps the process transparent in the amount of revenue generated and the number of licenses issued annually. Financial Consideration: Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date NOTE: event date can be up to 15 days in len gth. Supporting Documentation: State Law References 35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or county may issue: 1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; 2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant; 3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4- 2(4) or (6) in addition to any other licenses held by the special events license applicant; 4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee; 5) A special off-sale package wine dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; 6) A special off-sale package malt beverage dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; or 7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on-sale alcoholic beverage license. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1; SL 2024, ch 149, § 1. SDCL 35-1-5.6. Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions. It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, this provision does not apply to any passenger aboard a vehicle operated by a licensed carrier. A person may consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the beverage is purchased from a licensee who has been issued a temporary license pursuant to § 35-4-124 for a special event occurring on the premises of the licensed on-sale dealer. 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 26-006,Version:1 Action on Resolution 26-006, a Resolution authorizing the Brookings Summer Arts Festival Committee to have Exclusive Use of Pioneer Park. Summary and Recommended Action: Staff recommends approval of the proposed Resolution to authorize exclusive use of Pioneer Park from July 7 through July 14, 2026 to the Brookings Summer Arts Festival Committee for the Brookings Summer Arts Festival. Attachments: Memo Resolution City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Joshua Bauman, Assistant Parks, Recreation and Forestry Director Council Meeting: January 27, 2025 Subject: Resolution 26-006: exclusive use of Pioneer Park for Brookings Summer Arts Festival Presenter: Kristin Zimmerman, Parks, Recreation and Forestry Director Summary and Recommended Action: Staff recommends approval of the proposed Resolution to authorize exclusive use of Pioneer Park from July 7 through July 14, 2026 to the Brookings Summer Arts Festival Committee for the Brookings Summer Arts Festival. Item Details: The Brookings Summer Arts Festival is coming up on its 55th year in existence at Pioneer Park. Beginning in 1972, the Brookings Summer Arts Festival has become a Brookings tradition, bringing in vendors and attendees from all over the country. The festival draws an annual crowd of over 25,000 attendees, more than 175 artists, over 40 artisans, historic and antique booths, a children’s area, 3 stages filled with live entertainment, and over 35 food vendors. All of this creates an opportunity for the City of Brookings to generate additional revenues which would not be possible without the Brookings Summer Arts Festival. Multiple City departments come together to help organize safety and security (Police Department), street closures and early warning for crossings (Street Department), sanitary services (Landfill), and park operations (Pa rks, Recreation and Forestry Department). The Brookings Summer Arts Festival is run by a committee of volunteers. 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.  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None Supporting Documentation: Resolution RESOLUTION 26-006 A RESOLUTION AUTHORIZING THE BROOKINGS SUMMER ARTS FESTIVAL COMMITTEE TO HAVE EXCLUSIVE USE OF PIONEER PARK WHEREAS, the Brookings Summer Arts Festival will be held in Pioneer Park on July 11- 12, 2026; and WHEREAS, the Brookings Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown; and WHEREAS, the Brookings Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as a named insured; and WHEREAS, the Brookings Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Arts Festival on said premises. NOW, THEREFORE, BE IT RESOLVED, that the use of Pioneer Park and its facilities as a public park shall temporarily terminate for the period of July 7 through July 14, 2026. BE IT FURTHER RESOLVED, that the City Council does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Brookings Summer Arts Festival Committee. FURTHER, IT IS RESOLVED, that the Brookings Summer Arts Festival Committee shall be responsible for maintaining Pioneer Park and its said facilities and for cleaning them and returning them to the City of Brookings in good condition following the Festival. Passed and Approved this 27th day of January, 2026. 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 26-005,Version:1 Action on Resolution 26-005, a Resolution declaring surplus property for the City of Brookings. Summary and Recommended Action: Staff recommends approval of the proposed resolution declaring surplus property. Attachments: Memo Resolution City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: January 27, 2026 Subject: Resolution 26-005: Declaring Surplus Property Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of the proposed Resolution declaring surplus property. Item Details: According to State Statute Chapter 6-13, the governing body of the City of Brookings allows City property, as presented within the proposed Resolution, to be declared as surplus property and includes Parks Dept.: Monroe 12-foot Plow; and Monroe 14-foot Sander. Legal Consideration: None. Strategic Plan Consideration: Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: Revenues generated from the sale of surplus property, will be placed in the City’s General Fund. Supporting Documentation: Resolution RESOLUTION 26-005 DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Parks Dept.: Monroe 12-foot Plow; and Monroe 14-foot Sander. WHEREAS, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus property. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and Approved this 27th day of January, 2026. CITY OF BROOKINGS, SD ____________________________ ATTEST: Oepke G. Niemeyer, Mayor ___________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 26-009,Version:1 Action on Resolution 26-009, a Resolution in support of an Application for Financial Assistance to the South Dakota Housing and Development Authority by Mills Development Corporation, and / or its, Affiliates, Agents, or Assigns, for the Benefit of Multi-Family Development. Summary and Recommended Action: Staff recommends approval of the proposed Resolution in support of the submission of an Application for Financial Assistance by Mills Development Corporation to the South Dakota Housing and Development Authority. Attachments: Memo Resolution Map Concept City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Mike Struck, Community Development Director Meeting: January 27, 2026 Subject: Resolution 26-009: support of an Application for Financial Assistance to the South Dakota Housing and Development Authority by Mills Development Corporation, and / or its Affiliates, Agents, or Assigns, for the Benefit of Multi-Family Development Person(s) Responsible: Mike Struck, Community Development Director Summary and Recommended Action: Staff recommends approval of the proposed Resolution in support of an Application for Financial Assistance to the South Dakota Housing and Development Authority by Mills Development Corporation, and / or its Affiliates, Agents, or Assigns, for the Benefit of Multi-Family Development Item Details: Mills Development Corporation has requested a resolution in support of an application for financial assistance to the South Dakota Housing and Development Authority (SDHDA) to assist with the development of multi-family housing. The proposed resolution is a requirement by the SDHDA to ensure the local governing body is aware of projects seeking potential funding as well as ensuring the local jurisdiction has the infrastructure capacity to serve and maintain the infrastructure improvements upon completion. The proposed multi-family project would be located in the southeast quadrant of the 20th Street South and 22nd Avenue South intersection. The infrastructure improvements would serve the multi-family project as well a future commercial development along 2 0th Street South and 22nd Avenue South. The proposed project is anticipated to offer rents at 80% of Area Median Income (AMI). The 2025 rents at 80% Area Median Income are: Zero Bedroom $1,431 One Bedroom $1,635 Two Bedroom $1,840 Three Bedroom $2,044 Four Bedroom $2,208 Five Bedroom $2,371 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: There is no financial impact as the action is a resolution of support for the developer to apply for financial assistance from the South Dakota Housing and Development Authority. . Supporting Documentation: Resolution Map Concept RESOLUTION 26-009 RESOLUTION IN SUPPORT OF AN APPLICATION FOR FINANCIAL ASSISTANCE TO THE SOUTH DAKOTA HOUSING AND DEVELOPMENT AUTHORITY BY MILLS DEVELOPMENT CORPORATION, AND / OR ITS AFFILIATES, AGENTS, OR ASSIGNS, FOR THE BENEFIT OF MULTIFAMILY DEVELOPMENT WHEREAS, the City of Brookings and Mills Development Corporation have determined it is necessary to proceed with improvements to the City's infrastructure, thus enabling additional multifamily housing to be constructed in the city limits of Brookings; and WHEREAS, the City and Developer have determined financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Housing and Development Authority shall be prepared by Mills Development Corporation (Developer) for the proposed development; and WHEREAS, the City will work with the Developer's engineer to ensure the preliminary project infrastructure plans meet the City's requirements for adequate drinking water, water treatment capacity and distribution, storm sewer, and all other necessary improvements as needed; and WHEREAS, the City has adequate treatment facilities and water supply to accommodate the proposed development; and WHEREAS, the City is committed to the ownership and long-term maintenance of said infrastructure upon acceptance and the conditions set forth in the certificate of completion that the said infrastructure and system shall meet the specifications, materials and equipment of the City of Brookings; and WHEREAS, the 2022 Brookings County Housing Study identified the need for additional multifamily housing in the moderate to market price range; and WHEREAS, the City acknowledges that there is a significant housing shortage in the City of Brookings and this proposed multifamily development will help, but not resolve the housing shortage. NOW , THEREFORE, BE IT RESOLVED by the City of Brookings as follows: 1. The City hereby supports the submission of an Application for financial assistance by Mills Development Corporation, to the South Dakota Housing and Development Authority. 2. City officials of the City of Brookings are hereby authorized to deliver such other documents as necessary, to assist with the Application Passed and Approved this 27th day of January, 2026. CITY OF BROOKINGS, SD ________________________________ ATTEST: Oepke G. Niemeyer, Mayor _________________________ Bonnie Foster, City Clerk Project Location 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 26-0013,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 1/29/2026Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 26-003,Version:1 Introduction and First Reading on Ordinance 26-003, an Ordinance Amending Chapter 70 - Solid Waste, of the Code of Ordinances of the City of Brookings, South Dakota. Public Hearing and Action: February 10, 2026. Summary and Recommended Action: To promote safe and sustainable practices and extend the service life of the Brookings Regional Landfill, staff is introducing a new electronic waste drop-off service and proposing an ordinance amendment which would prohibit the disposal of electronic waste and lithium batteries in the landfill. Instead, electronic waste will be collected and properly recycled. Staff recommends approval. Attachments: Memo Ordinance - clean Ordinance - marked Legal Notice Presentation City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Kuhn, Solid Waste Manager Council Meeting: January 27, 2026 / February 10, 2026 Subject: Ordinance 26-003: Revision to City Code of Ordinances, Chapter 70: Solid Waste Presenter: Charlie Kuhn, Solid Waste Manager Summary and Recommended Action: To promote safe and sustainable practices and extend the service life of the Brookings Regional Landfill, staff is introducing a new electronic waste (E-Waste) drop-off service and proposing an ordinance amendment which would prohibit the disposal of electronic waste and lithium batteries in the landfill. Instead, electronic waste will be collected and properly recycled. Staff recommends approval. Item Details: As recommended in the 2023 Solid Waste Master Plan, the City’s Solid Waste Division will be implementing an E-Waste recycling program at the Solid Waste Facility and banning E-Waste from being disposed of at the Brookings Regional Landfill. Currently there are no E-Waste regulations in the state of South Dakota; however, several municipalities throughout the state have E-Waste Recycling programs and ordinances which ban E-Waste from landfills. Staff proposes to launch the E-Waste service in conjunction with the 2026 Spring Bulky Item Pickup, scheduled for April. To promote the new service, staff plans to begin a marketing campaign in February and offer a one-week free amnesty drop-off period during the 2026 Spring Bulky Item Pickup. E-Waste will be excluded from the Spring Bulky Item Pickup; however, residents will be able to dispose of E-Waste at the landfill at no cost during the designated amnesty week. Why Recycle Electronics? Landfill Airspace: Airspace is the lifeblood of any landfill. The more airspace which can be conserved, the longer the Brookings Regional Landfill will remain a viable disposal option for the Brookings area. According to the U.S. Environmental Protection Agency, E-Waste is the fastest-growing component of the municipal solid waste stream, and currently accounts for approximately 2.7% of all landfill waste. This equates to an estimated 1,620 tons of E-W aste disposed of at the Brookings Regional Landfill. As electronic production and consumption continue to increase, the volume of E-Waste entering landfills is expected to grow accordingly. Hazardous Materials: Many of the components which make up common household electronics are comprised of hazardous materials. These materials, which are often heavy metals such as cadmium and lead, can have adverse effects on landfill employees, the landfill liner, and potentially the surrounding water quality. Recycling these products will ensure the hazardous materials will be handled and reused properly. Reduce Landfill Fires: Landfill fires have increased nationwide over the past five to ten years, with the primary cause being the growing presence of electronics and batteries in the waste stream. When these materials are disposed of in landfills and compacted, damaged components can spark and ignite surrounding waste. Landfill fires can spread rapidly, resulting in significant damage to infrastructure and equipment. Removing electronic waste and batteries from the landfill will significantly reduce the risk of future fires, helping to protect employees, equipment, and public assets. Sustainability: According to the EPA, over 98% of the components in electronic devices are recyclable. The process to create the raw materials needed to make these electronic devices can be incredibly expensive, require large amounts of energy, and use up valuable natural resources. Reusing the materials from the recycled electronics can help cut down on all these things while also making the end product more affordable for the end-users. 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.  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: There is no general fund increase associated with the recommended actions. Funding for the program implementation is estimated at approximately $10,000 and is budgeted in Fund 625 - Solid Waste Disposal. A new fee of $1.25 per pound will be established through a separate action prior to the launch of the electronic waste service. The fee structure will provide 100 percent cost recovery, ensuring the program operates on a cost-neutral basis. Fee Breakdown Recycling Company Pickup Charge $1.00 Lb Start-Up Recovery & Replacement Reserves $0.10 Lb Administration (15%) $0.15 Lb Total Fee $1.25 Lb Staff estimates during the first year of service, up to 70,000 pounds of electronic waste may be collected, generating an estimated $87,500 in revenue for Fund 625 - Solid Waste Disposal. Supporting Documentation: Ordinance - clean Ordinance - marked Legal Notice Presentation ORDINANCE 26-003 AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO SOLID WASTE. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: THAT CHAPTER 70, ARTICLE V. of the Code of Ordinances and pertaining to Sanitary Landfills is hereby amended to read as follows: ARTICLE V. SANITARY LANDFILL Sec. 70-202. Regional landfill; use restricted. The city landfill serves as a regional landfill facility. The use of the city landfill shall be limited to solid waste which complies with this article, any rules and regulations adopted by the city, and with state or federal law, together with yard waste, tree branches, tires and appliances which may also be delivered to the landfill. (Code 1996, § 17-43) Sec. 70-203. Charges. The charges for the use of the landfill shall be established by resolution of the city council. (Code 1996, § 17-44) State law reference(s) - Fees authorized, SDCL 34A-6-1.38. Sec. 70-204. Deposit in approved facilities only. No solid waste material collected in this city shall be deposited in any place except in approved solid waste facilities as designated by the city. (Code 1996, § 17-45) Sec. 70-205. Removal of material. It is unlawful for any person to remove or cause to be removed from the sanitary landfill any solid waste. Material that can be recycled or reused consistent with city ordinance or state or federal laws, and rules and regulations adopted by the city may be removed when approved by the Solid W aste Manager. (Code 1996, § 17-46) Sec. 70-206. Control of ingress and egress. The Solid W aste Manager is responsible for the access and control of the city landfill. The entrance to the landfill shall be locked when the landfill is not open for operation. (Code 1996, § 17-47) Sec. 70-207. Hazardous or inappropriate waste. (a) Waste the city will not accept. The city will not accept hazardous waste or other wastes that have been identified by the state or federal government as not being appropriate for disposal in a municipal landfill. (b) Enumeration of items not to be collected. The city solid waste collection operation shall not collect the following items: (1) Electronic waste; (2) Liquid waste oil; (3) Tires; (4) Automotive batteries and Lithium batteries; (5) Furniture; (6) Major appliances; and (7) Tree limbs/branches that are longer than four feet and not tied into easy-to- handle bundles. (c) Enumeration of unacceptable items. The city landfill will not accept the following items: (1) Electronic Waste (2) Liquid wastes, including motor oil; (3) Substances that are defined as hazardous waste by the federal or state government; and (4) Automotive batteries and Lithium batteries. (d) Acceptance for alternate disposal; rules. The city landfill may accept the following special wastes for alternative disposal, provided that they are separated and handled according to federal, state and city rules and regulations: (1) Petroleum contaminated soils; (2) Asbestos containing materials; (3) Tires; (4) Major appliances; (5) Demolition waste; (6) Scrap iron/metal; (7) Trees and branches; (8) Yard waste; (9) Electronic waste; and (10) Asbestos. (Code 1996, § 17-60) Secs. 70-208—70-240. Reserved. All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: January 27, 2026 SECOND READING: February 10, 2026 PUBLISHED: CITY OF BROOKINGS, SD _______________________________ Oepke G. Niemeyer, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO SOLID WASTE. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: THAT CHAPTER 70, ARTICLE V. of the Code of Ordinances and pertaining to Sanitary Landfills is hereby amended to read as follows: ARTICLE V. SANITARY LANDFILL Sec. 70-202. Regional landfill; use restricted. The city landfill serves as a regional landfill facility. The use of the city landfill shall be limited to solid waste which complies with this article, any rules and regulations adopted by the city, and with state or federal law, together with yard waste, tree branches, tires and appliances which may also be delivered to the landfill. (Code 1996, § 17-43) Sec. 70-203. Charges. The charges for the use of the landfill shall be established by resolution of the city council. (Code 1996, § 17-44) State law reference(s)—Fees authorized, SDCL 34A-6-1.38. Sec. 70-204. Deposit in approved facilities only. No solid waste material collected in this city shall be deposited in any place except in approved solid waste facilities as designated by the city . (Code 1996, § 17-45) Sec. 70-205. Removal of material. It is unlawful for any person to remove or cause to be removed from the sanitary landfill any solid waste. Material that can be recycled or reused consistent with city ordinance or state or federal laws, and rules and regulations adopted by the city may be removed when approved by the director of Ssolid wWaste Mmanagerment. (Code 1996, § 17-46) Sec. 70-206. Control of ingress and egress. The director of sSolid wWaste mManagerment is responsible for the access and control of the city landfill. The entrance to the landfill shall be locked when the landfill is not open for operation. (Code 1996, § 17-47) Sec. 70-207. Hazardous or inappropriate waste. (a) Waste the city will not accept. The city will not accept hazardous waste or other wastes that have been identified by the state or federal government as not being appropriate for disposal in a municipal landfill. (b) Enumeration of items not to be collected. The city solid waste collection operation shall not collect the following items: (1) Electronic waste; (2) Liquid waste oil; (3) Tires; (4) Automotive style batteries and Lithium batteries; (5) Furniture; (6) Major appliances; and (7) Tree limbs/branches that are longer than four feet and not tied into easy- to -handle bundles. (c) Enumeration of unacceptable items. The city landfill will not accept the following items: (1) Electronic Waste (2) Liquid wastes, including motor oil; (23) Substances that are defined as hazardous waste by the federal or state government; and (43) Automotive batteries and Lithium batteries. (d) Acceptance for alternate disposal; rules. The city landfill may accept the following special wastes for alternative disposal, provided that they are separated and handled according to federal, state and city rules and regulations: (1) Petroleum contaminated soils; (2) Asbestos containing materials; (3) Tires; (4) Major appliances; (5) Demolition waste; (6) Scrap iron/metal; (7) Trees and branches; (8) Yard waste; (9) Electronic waste; and (10) Asbestos. (Code 1996, § 17-60) Secs. 70-208—70-240. Reserved. NOTICE OF PUBLIC HEARING Ordinance 26-003 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, February 10, 2026, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 26-003, an Ordinance Amending Chapter 70, Article V. – Sanitary Landfill of the Code of Ordinances of the City of Brookings. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 30th day of January, 2026. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . Solid Waste Division Electronic Waste Recycling •Ordinance 26-003 would add E-Waste and lithium batteries to the list of items that are not accepted for disposal within the Brookings Regional Landfill •Will be implementing E-waste Recycling Program •Currently no E-Waste regulations in SD, but many municipalities have programs in place •Save Landfill Airspace ‣Extends municipal landfill life ‣According to the EPA, E-Waste is the fastest growing municipal waste stream in landfills •Hazardous Materials ‣Many components of household electronics are comprised of hazardous materials •Reduce Landfill Fires ‣Number one culprit for landfill fires in the US is electronics and lithium batteries in the waste stream •Sustainability ‣98% of components in e-waste devices are recyclable Why Recycle E-Waste? •E-Waste collection area at Brookings Regional Landfill. ‣Waste will be placed in gaylord box ‣Final price given in office •Price is a per pound fee of $1.25/pound ‣Fee covers disposal, admin, and equipment replacement •E-Waste will be collected by American Recycling out of Lincoln, NE Operations Plan Operations Plan Accepted Items •Laptops/Decktops •Tablets •LCD Monitors •CRT Monitors •TVs •Barcode Scanners •Circuit Boards •Copiers •Printers •DVD Players •DVD/CD Drives •Keyboards •Routers •Servers •Scanners Not Accepted Items •Medical Equipment •Thermometers •Thermostats •Mercury Containing Equipment •Fluorescent Bulbs 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 26-004,Version:1 Introduction and First Reading on Ordinance 26-004, an Ordinance to Change the Zoning Within the City of Brookings (Lot 1 of Clark 2nd Addition from an Agricultural A District to an Industrial I-1 Light District). Public Hearing and Action: February 10. Summary and Recommended Action: Legacy Storage Condos LLC has submitted a petition to rezone Lot 1 of Clark 2nd Addition from the Agricultural District to an Industrial I-1 Light District. The Development Review Team recommends approval. The Planning Commission voted 9-0 to recommend approval. Attachments: Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bailey Maca, Associate Planner Council Meeting: January 27, 2026 / February 10, 2026 Subject: Ordinance 26-004: Rezone Lot 1 of Clark 2nd Addition from the Agricultural District to an Industrial I-1 Light District. Presenter: Mike Struck, Community Development Director Summary and Recommended Action: Legacy Storage Condos LLC has submitted a petition to rezone Lot 1 of Clark 2nd Addition from the Agricultural District to an Industrial I-1 Light District. The Development Review Team recommends approval. The Planning Commission voted 9-0 to recommend approval. Item Details: The rezone area is approximately 51 acres and located near the intersection of 34th Avenue and US Highway 14. The property was recently annexed into the City of Brookings, and its designation on the Future Land Use Map was amended from Urban Medium Intensity and Open Space to Business Park/Light Industry. This updated land use classification supports the Industrial I-1 Light District rezoning request. Adjacent property is zoned Agriculture to the north, east, and south, and Industrial I-1 Light and Business B-3 Heavy Districts to the west. The owners have submitted a preliminary plat for the same 51 acres, proposing 14 lots that would be zoned I-1 upon the approval of the rezoning request. 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 26-004 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 1 of Clark 2nd Addition to the City of Brookings, Brookings County, South Dakota, from an Agriculture A 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: January 27, 2026 SECOND READING AND ADOPTION: February 10, 2026 PUBLISHED: February 13, 2026 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 Legacy Storage Condos LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lot 1 of Clark 2nd Addition The request is to rezone the above-described real estate from an Agricultural 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, February 10, 2026, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 30th day of January, 2026. 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 Legacy Storage Condos LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lot 1 of Clark 2nd Addition The request is to rezone the above-described real estate from an Agricultural District to an Industrial I-1 Light District. NOTICE IS FURTHER GIVEN that said request will be acted on by Planning Commission at 5:30 PM on Tuesday, January 6, 2026, 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 23rd day of December, 2025. Bailey Maca Associate Planner Planning Commission Brookings, South Dakota January 6, 2026 OFFICIAL MINUTES Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday, January 6, 2026, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Emily Braun, Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Chris Waibel, Jacob Mills, Nancy Stewart and Justin Bucher from the public. Item #6b – Legacy Storage Condos LLC has submitted a petition to rezone Lot 1 of Clark 2nd Addition from the Agricultural District to an Industrial I-1 Light District. The Development Review Team recommends approval. (Schmeichel/Aiken) Motion to approve the rezone. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6b – Legacy Storage Condos LLC has submitted a petition to rezone Lot 1 of Clark 2nd Addition from the Agricultural District to an Industrial I-1 Light District. The rezone area is approximately 51 acres and located near the intersection of 34th Avenue and US Highway 14. The property was recently annexed into the City of Brookings, and its designation on the Future Land Use Map was amended from Urban Medium Intensity and Open Space to Business Park/Light Industry. This updated land use classification supports the Industrial I-1 Light District rezoning request. Adjacent property is zoned Agriculture to the north, east, and south, and Industrial I-1 Light and Business B-3 Heavy Districts to the west. The owners have submitted a preliminary plat for the same 51 acres, proposing 14 lots that would be zoned I-1 upon the approval of the rezoning request. Bucher, representative of the developer, was available for questions. PETITION TO REZONE The undersigned, _________________________________________________ ______________________________________________________________________ owner(s) of the following described real estate situated in the City of Brookings, Brookings County, South Dakota, to wit: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ do hereby respectfully petition the City Planning Commission to recommend to the City Council of the City of Brookings to adopt an appropriate ordinance rezoning and reclassifying the above described real estate from a class _____________ District to a class ________________ District, and that due notice of hearing be given upon this petition and application. Attached hereto and made a part hereof is a plat of the area which is proposed to be rezoned, and that of the area adjacent thereto. Dated at Brookings, South Dakota, this _________ day of ________________. _____________________________________ _____________________________________ Petitioners Legacy Storage Condos LLC A I-1 Clark 2nd Addition Lot 1 25th November, 2025 STATE OF SOUTH DAKOTA ) ) SS. COUNTY OF BROOKINGS ) On this __________ day of ____________________________, 20 _____, before me, the undersigned officer, personally appeared ________________________________ known to me to be the person(s) subscribed to the above and foregoing instrument, and acknowledged to me that he/she executed the same for the purpose therein contained. _____________________________________ Notary Public (seal) My commission expires ______________________ ------------------------------------------------------------------------------------------------------------------------- ACTION BY CITY PLANNING COMMISSION Date petition received ______________________________________ Date recommendation made ___________________________________________ Recommendation to City Commission ______ approved or______ disapproved _____________________________________ Chairperson, City Planning Commission Attest ______________________________________ Secretary, City Planning Commission 32ND AVE32ND AVE34TH AVE34TH AVE34TH AVE34TH AVE34TH AVE34TH AVE6TH ST LEFEVRE DR6TH ST 6TH ST 32ND AVELEFE V R E D R 6TH ST RAMP32ND AVEUS HWY 14 34TH AVE6TH ST 34TH AVE32ND AVECAPITAL ST 32ND AVERAMP32ND AVE32ND AVE32ND AVE32ND AVELocation Map BrookingsCityLimits Parcels Brookings County Roads 12/17/2025, 8:42:02 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 ArcGIS Web AppBuilder B-3 I-1 JJ-A B-5 B-5 B-2 I-1 AA B-4 B-4 I-1R PDD PDD I-1R I-1 B-3 B-3 I-1 PDD 32ND AVE32ND AVE34TH AVE34TH AVE34TH AVE34TH AVE34TH AVE34TH AVE6TH ST LEFEVRE DR6TH ST LEFE V R E D R 6TH ST RAMP32ND AVEUS HWY 14 34TH AVE6TH ST 34TH AVE32ND AVECAPITAL ST 32ND AVERAMP32ND AVE32ND AVE32ND AVE32ND AVEZoning Map BrookingsCityLimits Parcels Zoning A B-2 B-3 B-4 B-5 I-1 I-1R JJ-A PDD Brookings County Roads 12/17/2025, 8:44:03 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 ArcGIS Web AppBuilder Urban Medium Business Park Civic Civic Urban High Urban High Urban High Industrial Industrial Business Park Business Park 32ND AVE32ND AVECENTURY CIR 34TH AVE34TH AVE34TH AVE34TH AVE34TH AVE34TH AVE34TH AVE6TH ST6TH ST LEFEVRE DR6TH ST RAMP32ND AVEUS HWY 14 34TH AVE6TH ST32ND AVECAPITAL ST 32ND AVE32ND AVE32ND AVE32ND AVE32ND AVEFuture Land Use Map BrookingsCityLimits Parcels FLU_RDG Business Park Civic Industrial Open Space Urban High Urban Medium Brookings County Roads 12/17/2025, 8:47:40 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 26-005,Version:1 Introduction and First Reading on Ordinance 26-005, an Ordinance to Change the Zoning Within the City of Brookings (Block 1 of Mills Third Addition, Excluding H1 & H2 from a Residential R-3A Apartments/Mobile Homes/Manufactured Housing District to a Business B-2 District). Public Hearing and Action: February 10. Summary and Recommended Action: Access Holdings LLC has submitted a petition to rezone. The request is to rezone Block 1 of Mills Third Addition in NW ¼ Excluding H1 & H2 there of Section 6-109-49 from Residential R-3A apartments/mobile homes/manufactured housing district to a Business B-2 District. The Development Review Team recommends approval. The Planning Commission voted 9-0 to recommend approval. Attachments: Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: January 27, 2026 / February 10 Subject: Ordinance 26-005: Rezone Block 1 of Mills Third Addition in NW ¼ Excluding H1 & H2 there of Section 6-109-49 from the Residential R-3A apartments/mobile homes/manufactured housing district to a Business B-2 District. Presenter: Mike Struck, Community Development Director Summary and Recommended Action: Access Holdings LLC has submitted a petition to rezone. The request is to rezone Block 1 of Mills Third Addition in NW ¼ Excluding H1 & H2 there of Section 6-109-49 from Residential R-3A apartments/mobile homes/manufactured housing district to a Business B-2 District. The Development Review Team recommends approval. The Planning Commission voted 9-0 to recommend approval. Item Details: Block 1 of Mills Third Addition is a 3.10-acre parcel currently zoned Residential R-3A apartments/mobile homes/manufactured housing district and located within an Urban High Intensity future land use class which supports the Business B-2 District request. Adjacent property is zoned Civic to the north, Agriculture to the east, Residential R-3A apartments/mobile homes/manufactured housing to the south, and Business B-3 Heavy to the west. The proposed B-2 zoning would allow for commercial development that aligns with the Urban High Intensity future land use designation. 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 26-005 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: Block 1 of Mills Third Addition in the Northwest Quarter of Section 6, Township 109 North, Range 49 West of the 5th P.M., in the City of Brookings, Brookings County, South Dakota, Excluding H1 & H2 from a Residential R-3A Apartments/Mobile Homes/Manufactured Housing District to a Business B-2 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: January 27, 2026 SECOND READING AND ADOPTION: February 10, 2026 PUBLISHED: February 13, 2026 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 Access Holdings LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Block 1 of Mills Third Addition in the NW ¼ of Section 6, Township 109, Range 49, Excluding H1 & H2 there of. The request is to rezone the above-described real estate from a Residential R-3A Apartments/Mobile Home/Manufactured Housing District to a Business B-2 District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, February 10, 2026, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 30th day of January, 2026. 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 Access Holdings LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Block 1 of Mills Third Addition in NW ¼ Excluding H1 & H2 there of Section 6-109-49. The request is to rezone the above-described real estate from a Residential R-3A Apartments/Mobile Home/Manufactured Housing District to a Business B-2 District. NOTICE IS FURTHER GIVEN that said request will be acted on by Planning Commission at 5:30 PM on January 6, 2026, 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 23rd day of December, 2025. Bailey Maca Associate Planner Planning Commission Brookings, South Dakota January 6, 2026 OFFICIAL MINUTES Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday, January 6, 2026, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Emily Braun, Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Chris Waibel, Jacob Mills, Nancy Stewart and Justin Bucher from the public. Item #6a – Access Holdings LLC has submitted a petition to rezone. The request is to rezone Block 1 of Mills Third Addition in NW ¼ Excluding H1 & H2 there of Section 6-109-49 from Residential R- 3A apartments/mobile homes/manufactured housing district to a Business B-2 District. Staff recommends approval. (Schmeichel/Hinrichs) Motion to approve the rezone. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6a – Access Holdings LLC has submitted a petition to rezone. The request is to rezone Block 1 of Mills Third Addition in NW ¼ Excluding H1 & H2 there of Section 6-109-49 from Residential R- 3A District to a Business B-2 District. Adjacent property is zoned Civic to the north, Agriculture to the east, Residential R-3A apartments/mobile homes/manufactured housing to the south, and Business B-3 Heavy to the west. The proposed B-2 zoning would allow for commercial development that aligns with the Urban High Intensity future land use designation. Mills, representing Access Holdings, explained that the property was recently annexed and they are exploring public utility options that were not previously available do to being outside of city limits. Stewart, neighbor, asked what area would be rezoned. Miller explained that yellow outlined area is where a rezone is being sought. Solum inquired property access plans. Mills stated he would prefer a curb cut which is controlled by DOT but there is an existing access agreement to the service road. Location Map Zoning Map Future Land Use Map 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 26-0028,Version:1 Public Hearing and Action on a Special Event / Temporary Alcoholic Beverage Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on March 21, 2026, for a St. Patrick’s Day Trivia Fundraiser Event to be held at 1700 8th Street South. Summary and Recommended Action: St. Thomas More Catholic School has applied for a Special Event / Temporary Alcoholic Beverage License to hold a fundraising event on March 21, 2026 at their facility located at 1700 8th Street South. All Special Event / Temporary Alcoholic Beverage Applications must be approved by the City Council through use of a public hearing. Staff recommends approval. Attachments: Memo Hearing Notice SDCL References City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: January 27, 2026 Subject: Special Event / Temporary Alcoholic Beverage Application Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: St. Thomas More Catholic School has applied for a Special Event / Temporary Alcoholic Beverage License to hold a fundraising event on March 21, 2026 at their facility located at 1700 8th Street South. Staff recommends approval. Item Details: St. Thomas More Catholic School is planning to hold a St. Patrick’s Day Trivia Fundraiser Event on March 21, 2026 at 1700 8th Street South. A public hearing and City Council action is required on all Special Event / Temporary Alcoholic Beverage Applications, in which the person or organization applying does not hold an on-sale alcoholic beverage license. Legal Consideration: None. Strategic Plan Consideration: Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: This is a Special Event / Temporary Alcoholic Beverage License for an educational and charitable event. The $50 fee is waived as per Resolution 15-066. Supporting Documentation: Hearing Notice SDCL References Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, January 27, 2026, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on March 21, 2026, for a St. Patrick’s Day Trivia Fundraiser Event to be held at 1700 8th Street South. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 16th day of January, 2026. Bonnie Foster, City Clerk Published time(s) at an approximate cost: $ . SD State Codified Law Reference 35-4-124. Special alcoholic beverage licenses--Special events--Duration--Hearing-- Local government rules required. Any municipality or county may issue: 1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; 2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant; 3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4- 2(4) or (6) in addition to any other licenses held by the special events license applicant; 4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee; 5) A special off-sale package wine dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; 6) A special off-sale package malt beverage dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; or 7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on-sale alcoholic beverage license. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1; SL 2024, ch 149, § 1. 35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may only sell malt beverages that have been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by members of the public to be sold at the special event. The donor shall purchase any donated alcoholic beverage from a licensed South Dakota retailer. Source: SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107. 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 26-001,Version:2 Public Hearing and Action on Ordinance 26-001, an Ordinance Amending Chapter 74 - Streets, Sidewalks, and Other Public Places, of the Code of Ordinances of the City of Brookings, South Dakota. Summary and Recommended Action: To ensure the usability, structural integrity and life expectancy of the right-of-way in the City of Brookings, a formal policy and ordinance amendments are proposed establishing permit and licensing procedures for contractors and entities who are working within the right-of-way. Work within the right-of-way shall include any excavation, construction, repair, or maintenance of utilities, pavement, or other things located in, on, above, under or across a right-of-way. Staff recommends approval of the proposed ordinance amendment. Attachments: Memo Ordinance - clean Ordinance - marked Legal Notice Right of Way Work Policy - Draft City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Richter, City Engineer Council Meeting: January 13, 2026 / January 27, 2026 Subject: Ordinance 26-001: Revision to City Code of Ordinances, Chapter 74: Streets, Sidewalks, and Other Public Places Presenter: Charlie Richter, City Engineer Summary and Recommended Action: To ensure the usability, structural integrity and life expectancy of the right-of-way in the City of Brookings, a formal policy and ordinance amendment are proposed establishing permit and licensing procedures for contractors and entities who are working within the right-of-way. Work within the right-of-way shall include any excavation, construction, repair, or maintenance of utilities, pavement, or other things located in, on, above, under or across a right-of-way. Staff recommends approval of the proposed ordinance amendment to protect the City’s right-of-way infrastructure. Item Details: The City currently has an Excavation Permit, which is required for work which occurs within the right-of-way, but lacks clarity and enforcement. The proposed amendment will replace the Excavation Permit with a Right-of-Way Work Permit and enhance the requirements, procedures, and enforcement within the right-of-way. Any work in the right-of-way including electrical, telecommunications, storm sewer, sanitary sewer, water and road work, will require a Right-of-Way Work Permit; however, exemptions apply to work contracted by the City and City-owned utilities, and any work associated with driveway approaches, landscaping, and sidewalk repairs. Key improvements of the Right-of-Way Work Permit are: 1. Must be obtained at least two business days prior, unless work is deemed an emergency by the Public Works - Engineering Division. 2. Requires a traffic control and detour plan, if applicable. 3. Establishes penalties when work within the right-of-way occurs without a permit. A fine of $250 for the 1st offense, $500 for the 2nd offense, and $1,000 for the 3rd offense and any subsequent offense shall be added to the consolidated fee schedule. 4. The warranty period will be reduced to 3 years from the previous 5 years to match the warranty for subdivisions. 5. Permits will not be issued from November 15th thru April 15th, unless deemed necessary by the Public Works - Engineering Division. 6. Institutes a minimal fee of $35.00 per permit to recover costs associated with permit issuance and tracking. 7. For work performed on water, sanitary sewer, and storm sewer within the right-of-way the contractor must possess a State plumbing license. 8. Contractor(s) performing the work must obtain an annual Excavator License. - To obtain an Excavator License, the contractor or entity performing the work within the right-of-way shall provide the following: o General Liability Insurance ($1,000,000.00 / $2,000,000.00). o Proof of Worker’s Compensation Insurance (if applicable). o Surety Bond in the amount of $10,000. - No fee established at this time. - License will run from January 1st thru December 31st and will need to be renewed annually. Currently the City requires excavators that perform work in the right-of-way to be City licensed plumbers. Licensed City plumbers are required to possess a State plumbing license as well as provide a certificate of insurance to the City. With the creation of an Excavator License and the requirement to possess a State plumbing license for water, sanitary sewer and storm sewer when working on these utilities within the right-of-way a City plumbing license will no longer be required. A separate agenda will be presented to the City Council recommending the elimination of the City plumbing license from ordinance code. Staff conducted a meeting in December and presented the policy and ordinance amendment to local contractors and entities including: Brookings Municipal Utilities, telecommunication companies, and gas companies. General feedback from the attendees was positive. There were several scenarios where contractors questioned when a permit would be required but understood that a permit would be needed once excavation occurred within the right-of-way, except for the exemptions listed. Those contractors and entities who were unable to attend were emailed the presentation and a summary of the new permit requirements. Legal Consideration: The City Attorney has reviewed the ordinance amendment and policy. 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: There is no net general fund cost increase associated with the recommended action. Fund #430 - Public Works will receive the revenue fees for the permits to recover costs associated with permit issuance and tracking. The Right-of-Way permit fee is proposed to be set at $35.00. Supporting Documentation: Ordinance - clean Ordinance - marked Legal Notice Right of Way Work Policy - Draft ORDINANCE 26-001 AN ORDINANCE AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO STREETS, SIDEWALKS AND OTHER PUBLIC PLACES. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: THAT CHAPTER 74, ARTICLE IV. of the Code of Ordinances and pertaining to Work within the Right-Of-Way is hereby amended to read as follows: Section 74-141. Permit required. No person shall make or cause to be made any W ork to be completed in or upon any City Right-Of-Way or public ground in the city; nor shall any person remove soil, paving, gravel or any material from any City Right-Of-Way or public ground without first having obtained a Right-Of-Way Work permit from the Public Works - Engineering Division at least two (2) business days in advance of any work. Exceptions may be made for Work that is contracted directly with the City or for emergency W ork. For emergency Work, a contractor must immediately notify the Public Works - Engineering Division (or Police Department if after hours) and obtain a permit the next business day. Right-Of-Way Work Permits will not be issued from November 15th thru April 15th unless circumstances are deemed an emergency. If weather conditions allow, the Public Works - Engineering Division may make an exception and approve a permit during this time frame. (Code 1996, § 33-90; Ord. No. 28-12, § I, 12-18-2012) Section 74-142 Definitions. The following words and phrases shall have the meanings provided below. Permit Holder. Means the person or entity, in possession of a valid Excavator License, applying for a Right-Of-Way work permit. Right-of-way: A strip of land occupied by a street, railroad, pedestrian walkway or other special use. The use of the term right -of-way for platting purposes shall mean that every right-of-way hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right -of-way and not included within the dimensions or area of such lots or parcels. Work. Means any excavation, construction, repair, or maintenance of utilities, pavement, or other things located in, on, above, under or across a Right-Of-W ay. Section 74-143. Exceptions. The following types of work in the Right-Of-Way are exceptions to this section of code. a. Landscaping and irrigation. b. Driveway approaches. (Section 74-3) c. Sidewalk repairs. (Section 74-181) Section 74-144. Specifications. All W ork performed under the provisions of this article shall conform to the specifications, rules and regulations on file in the Public Works - Engineering Division. (Code 1996, § 33-91; Ord. No. 28-12, § I, 12-18-2012) Section 74-145. Protection of public. Any person performing Work within any street, alley, sidewalk or public ground shall, during the progress and continuance of the Work, erect, keep and maintain about and around the Work during both day and night, suitable guards, fences, warning lights and signals as described in the latest version of the Manual of Uniform Traffic Control Devices published by the Federal Highway Administration and specifications, rules and regulations on file in the Public Works - Engineering Division, to prevent injury to persons, animals or vehicles as a result of such Work. (Code 1996, § 33-94; Ord. No. 28-12, § I, 12-18-2012) Section 74-146. Permit Holder responsibility. The Permit Holder shall coordinate with the City for street or alley construction, rebuilding, resurfacing and repair to minimize multiple disturbances of the same area. The Permit Holder shall leave City property and Right-Of-W ay in as good and safe condition as it was before the commencement of W ork by the Permit Holder, its agents and contractors, and shall repair and restore any City property or Right-Of-Way which is disturbed, damaged by construction, maintenance or operations of the Permit Holder. The City shall determine whether adequate repair and restoration has been completed by the Permit Holder. In the event the Permit Holder fails to repair or restore affected City property or Right-Of-W ay in a manner acceptable to the City, the City may, after allowing the Permit Holder a reasonable period to complete the repair and restoration, make such repairs and restoration and the Permit Holder shall pay the costs incurred by the City for such repairs and restoration. (Code 1996, § 33-95; Ord. No. 26-06, § I, 7-25-2006; Ord. No. 28-12, § I, 12-18-2012) Section 74-147. Duration of street or alley closures. The dates, times and duration of any street or alley closures shall be stated on the permit and will be subject to approval by the City Engineer. Requests for changes to such dates, times, or duration of street or alley closures stated on the permit must be made in writing to the Public Works - Engineering Division prior to expiration of the permit. (Ord. No. 28-12, § I, 12-18-2012) Section 74-148. Warranty. The Permit Holder is responsible for workmanship, materials, trench settlement or any other deficiencies caused by their W ork during the corrective period of three (3) years following Work. The Permit Holder shall repair and/or replace all deficiencies during the corrective period at no cost to the City. Any surface restoration costs incurred because of the repairing and/or replacing of deficiencies shall be borne by the Permit Holder. The City shall determine whether adequate repair and restoration has been completed by the Permit Holder. In the event that the Permit Holder fails to repair or restore affected City property or Right-Of-W ay in a manner acceptable to the City, the City may, after allowing the Permit Holder a reasonable period to complete the repair and restoration, make such repairs and restoration and the Permit Holder shall pay the costs incurred by the City for such repairs and restoration. (Ord. No. 28-12, § I, 12-18-2012) Section 74-149. Violations and enforcement. (a) Violations. A violation of any provision of this article shall be punishable as provided in the current schedule of fees as adopted by City Council. (b) In case any Work occurs in violation of this article, the appropriate authorities of the City, may, in addition to other remedies, institute injunction or other appropriate actions or proceedings to prevent such Work, and may also correct or abate such violation at the expense of the Permit Holder. (Ord. No. 28-12, § I, 12-18-2012) Section 74-150. Excavator License Required. 1. It is unlawful for any person or persons representing or operating as a sole proprietorship, partnership, firm, limited liability company or corporation, to conduct, carry on or engage in the business of excavation or acting in the capacity of an excavator without having first been issued a valid Excavator License by the City. For the purposes of this section, any Right-Of-Way W ork performed within the licensing jurisdiction of the City that requires a Right-Of- Way Work Permit will also require an Excavator License. 2. The following are exempt from licensing requirements: a. Contractors performing work under direct contract with the City. b. City owned utility companies. Section 74-151. License Application Procedure and Requirements. An Excavator License shall be issued to every sole proprietorship, partnership, firm, limited liability company or corporation who makes application for the license and meets the requirements as stated in this chapter. The Public Works - Engineering Division is authorized to issue an Excavator License provided the provisions of this chapter are satisfied. The City Engineer may refer any licensing issues to the City Manager for review prior to approval or rejection. (a) Person or persons responsible for license. Each license issued to a sole proprietorship, partnership, firm, limited liability company or corporation shall be the responsibility of the owner or manager of the sole proprietorship, partnership, firm, limited liability company or corporation. (b) License use restricted. No licensed excavation contractor shall knowingly allow their name to be used by any person directly or indirectly, either to obtain an Excavator License or to perform work which is not conducted by the licensed excavation contractor or under the supervision of the licensed excavation contractor. (c) License term renewal. All licenses issued under the provisions of this chapter shall expire on December 31 of every year. (d) Liability Insurance. Liability insurance shall be required. Every applic ant for an Excavator License shall present to the Public Works - Engineering Division for their review a valid certificate of insurance at the time of application. It shall be the duty of applicant to continually maintain valid liability insurance. The minimum required general liability insurance shall be $1,000,000.00 for each occurrence and $2,000,000.00 aggregate. The City of Brookings shall be named as the additional insured. (e) Worker’s compensation insurance. Proof of worker’s compensation insurance shall be verified prior to issuance of an Excavator License. (f) Proof of bond. Surety bond in the amount of $10,000.00, related to the Work performed by the company, in favor of the City of Brookings, stating the owner/agent will indemnify and safe harmless the City, its employees and its agenda and the owner of the premises against all damages, costs, expenses, outlays and claims arising out of unskillfulness or negligence on his part in connection with such work. Such bond shall remain in force for the term of the license . Section 74-152. Application. Application for a permit or license required by this article shall be made on suitable forms provided by the Public Works - Engineering Division . The application shall be accompanied by fees in accordance with the schedule of fees established by the City as provided in section 74-153. Section 74-153. Schedule of Fees. The schedule of fees to be charged for the issuance of permits and licenses under this article shall be established by City Council on a regular basis. Work performed by municipally owned utility companies will be exempt from permit fees but will be required to obtain a permit. All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: January 13, 2026 SECOND READING: January 27, 2026 PUBLISHED: CITY OF BROOKINGS, SD _______________________________ Oepke G. Niemeyer, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk Brookings, South Dakota, Code of Ordinances Created: 2024-07-17 14:48:41 [EST] (Supp. No. 17) Page 1 of 5 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO STREETS, SIDEWALKS AND OTHER PUBLIC PLACES. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: THAT CHAPTER 74, ARTICLE IV. of the Code of Ordinances and pertaining to Work within the Right-Of-Way is hereby amended to read as follows: Sec. 74-141. Permit required. No person shall make or cause to be made any excavationWork to be completed in or upon any street, sidewalk, alleyCity Right-Of-Way or public ground in the city; nor shall any person remove soil, paving, gravel or any material from any street, sidewalk, alleyCity Right-Of-Way or public ground without first having obtained a Right-Of-Way Work permit therefor from the city engineer.Public Works - Engineering Division at least two (2) business days in advance of any work. Exceptions may be made for workWork that is contracted directly with the cityCity or for emergency workWork. For emergency workWork, a contractor must immediately notify the city engineerPublic Works - Engineering Division (or police departmentPolice Department if after hours) and obtain a permit the next business day. Right-Of-Way Work Permits will not be issued from November 15th thru April 15th unless circumstances are deemed an emergency. If weather conditions allow, the Public Works - Engineering Division may make an exception and approve a permit during this time frame. (Code 1996, § 33-90; Ord. No. 28-12, § I, 12-18-2012) Sec. 74-142 Definitions. The following words and phrases shall have the meanings provided below. Permit Holder. Means the person or entity, in possession of a valid Excavator License, applying for a Right-Of-Way work permit. Right-of-way: A strip of land occupied by a street, railroad, pedestrian walkway or other special use. The use of the term right -of-way for platting purposes shall mean that every right - of-way hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right -of-way and not included within the dimensions or area of such lots or parcels. Work. Means any excavation, construction, repair, or maintenance of utilities, pavement, curb and gutter, or other things located in, on, above, under or across a Right-Of-Way. Created: 2024-07-17 14:48:41 [EST] (Supp. No. 17) Page 2 of 5 4910-0602-7097, v. 1 Sec. 74-143. Exceptions. The following types of work in the Right-Of-Way are exceptions to this section of code. a. Landscaping and irrigation. b. Driveway approaches. (Section 74-3) c. Sidewalk repairs. (Section 74-181) Sec. 74-144. Specifications. All workWork performed under the provisions of this article shall conform to the specifications, rules and regulations on file in the office of the city engineerPublic Works - Engineering Division. (Code 1996, § 33-91; Ord. No. 28-12, § I, 12-18-2012) Sec. 74-143. Trenches generally. Trenches for all sewer and water service lines, sewer and water mains or other excavations for any purpose between the curblines of any street must be backfilled and compacted with suitable engineered fill in accordance with standards and procedures established by the city engineer. In any case, frozen or organic material shall not be used as trench backfill. (Code 1996, § 33-92; Ord. No. 28-12, § I, 12-18-2012) Sec. 74-144. Cutting pavements. Where pavement is cut in making any street excavation, such pavement shall be replaced by the contractor and the contractor or person making such excavation shall pay for and be liable for the cost of such replacement. If the contractor fails to repair the pavement within the dates, times or duration stated on the permit, the city shall arrange to repair the pavement and the contractor must reimburse the city for the cost of the repair. (Code 1996, § 33-93; Ord. No. 28-12, § I, 12-18-2012) Sec. 74-145. Protection of public. Any person performing excavationsWork within any street, alley, sidewalk or public ground shall, during the progress and continuance of the workWork, erect, keep and maintain about and around the excavationWork during both day and night, suitable guards, fences, warning lights and signals as described in the latest version of the Manual of Uniform Traffic Control Devices published by the Federal Highway Administration and specifications, rules and regulations on file in the Public Works - Engineering Division, to prevent injury to persons, animals or vehicles as a result of such excavations. Any person making such excavation shall, when the excavation is completed, promptly and without delay, backfill the excavation in accordance with the standards and procedures established by the city engineerWork. (Code 1996, § 33-94; Ord. No. 28-12, § I, 12-18-2012) Sec. 74-146. Excavator'sPermit Holder responsibility. The excavatorPermit Holder shall coordinate with the cityCity for street or alley construction, rebuilding, resurfacing and repair to minimize multiple disturbances of the same area. The excavatorPermit Holder shall leave cityCity property and right-of-wayRight-Of-Way in as good and safe condition as it was before the commencement of workWork by the excavatorPermit Holder, its agents and contractors, and shall repair and restore any cityCity property or right-of-wayRight- Of-Way which is disturbed, damaged or injured by construction, maintenance or operations of the excavator.Permit Holder. The cityCity shall determine whether adequate repair and restoration has been completed by the excavator.Permit Holder. In the event the excavatorPermit Holder fails to repair or restore affected cityCity property or right-of-wayRight-Of-Way in a manner acceptable to the cityCity, the cityCity may, after allowing the excavatorPermit Holder a reasonable period to complete the repair and restoration, make such repairs and restoration and the excavatorPermit Holder shall pay the costs incurred by the cityCity for such repairs and restoration. (Code 1996, § 33-95; Ord. No. 26-06, § I, 7-25-2006; Ord. No. 28-12, § I, 12-18-2012) Sec. 74-147. Duration of street or alley closures. The dates, times and duration of any street or alley closures shall be stated on the permit and will be subject to approval by the city.City Engineer. Requests for changes to such dates, times, or duration of street or alley closures stated on the permit must be made in writing to the city engineerPublic Works - Engineering Division prior to expiration of the permit. (Ord. No. 28-12, § I, 12-18-2012) Sec. 74-148. Warranty. The excavatorPermit Holder is responsible for workmanship, materials, trench settlement or any other deficiencies caused by their workWork during the corrective period of fivethree (3) years following excavation, and the contractorWork. The Permit Holder shall repair and/or replace all deficiencies during the corrective period at no cost to the cityCity. Any surface restoration costs incurred because of the repairing and/or replacing of deficiencies shall be borne by the excavator.Permit Holder. The cityCity shall determine whether adequate repair and restoration has been completed by the excavator.Permit Holder. In the event that the excavatorPermit Holder fails to repair or restore affected cityCity property or right-of-wayRight-Of-Way in a manner acceptable to the cityCity, the cityCity may, after allowing the excavatorPermit Holder a reasonable period to complete the repair and restoration, make such repairs and restoration and the excavatorPermit Holder shall pay the costs incurred by the cityCity for such repairs and restoration. (Ord. No. 28-12, § I, 12-18-2012) Sec. 74-149. Violations and enforcement. (a) (a) Violations. A violation of any provision of this article shall be punishable as provided in chapter 1the current schedule of this Code.fees as adopted by City Council. (b) (b) In case any excavationWork occurs in violation of this article, the appropriate authorities of the cityCity, may, in addition to other remedies, institute injunction or other Created: 2024-07-17 14:48:41 [EST] (Supp. No. 17) Page 4 of 5 appropriate actions or proceedings to prevent such unlawful excavation or constructionWork, and may also correct or abate such violation at the expense of the Permit Holder. (Ord. No. 28-12, § I, 12-18-2012) SecsSec. 74-150—. Excavator License Required. 1. It is unlawful for any person or persons representing or operating as a sole proprietorship, partnership, firm, limited liability company or corporation, to conduct, carry on or engage in the business of excavation or acting in the capacity of an excavator without having first been issued a valid Excavator License by the City. For the purposes of this section, any Right-Of-Way Work performed within the licensing jurisdiction of the City that requires a Right-Of-Way Work Permit will also require an Excavator License. 2. The following are exempt from licensing requirements: a. Contractors performing work under direct contract with the City. b. City owned utility companies. Sec. 74-180. Reserved151. License Application Procedure and Requirements. An Excavator License shall be issued to every sole proprietorship, partnership, firm, limited liability company or corporation who makes application for the license and meets the requirements as stated in this chapter. The Public Works - Engineering Division is authorized to issue an Excavator License provided the provisions of this chapter are satisfied. The City Engineer may refer any licensing issues to the City Manager for review prior to approval or rejection. (a) Person or persons responsible for license. Each license issued to a sole proprietorship, partnership, firm, limited liability company or corporation shall be the responsibility of the owner or manager of the sole proprietorship, partnership, firm, limited liability company or corporation. (b) License use restricted. No licensed excavation contractor shall knowingly allow their name to be used by any person directly or indirectly, either to obtain an Excavator License or to perform work which is not conducted by the licensed excavation contractor or under the supervision of the licensed excavation contractor. (c) License term renewal. All licenses issued under the provisions of this chapter shall expire on December 31 of every year. (d) Liability Insurance. Liability insurance shall be required. Every applicant for an Excavator License shall present to the Public Works - Engineering Division for their review a valid certificate of insurance at the time of application. It shall be the duty of applicant to continually maintain valid liability insurance. The minimum required general liability insurance shall be $1,000,000.00 for each occurrence and $2,000,000.00 aggregate. The City of Brookings shall be named as the additional insured. (e) Worker’s compensation insurance. Proof of worker’s compensation insurance shall be verified prior to issuance of an Excavator License. (f) Proof of bond. Surety bond in the amount of $10,000.00, related to the Work performed by the company, in favor of the City of Brookings, stating the owner/agent will indemnify and safe harmless the City, its employees and its agenda and the Created: 2024-07-17 14:48:41 [EST] (Supp. No. 17) Page 5 of 5 owner of the premises against all damages, costs, expenses, outlays and claims arising out of unskillfulness or negligence on his part in connection with such work. Such bond shall remain in force for the term of the license. Sec. 74-152. Application. Application for a permit or license required by this article shall be made on suitable forms provided by the Public Works - Engineering Division . The application shall be accompanied by fees in accordance with the schedule of fees established by the City as provided in section 74-153. Sec. 74-153. Schedule of Fees. The schedule of fees to be charged for the issuance of permits and licenses under this article shall be established by City Council on a regular basis. Work performed by municipally owned utility companies will be exempt from permit fees but will be required to obtain a permit. NOTICE OF PUBLIC HEARING Ordinance 26-001 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, January 27, 2026, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 26-001, an Ordinance Amending Chapter 74 of the Code of Ordinances of the City of Brookings and Pertaining to Streets, Sidewalks and Other Public Place s. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 16th day of January, 2026. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . City of Brookings Policy Title: Right-Of-Way Work Policy Issue Date: XX/XX/2026 Updated: n/a Policy Source: Public Works Department Policy Audience: City Employees Total Pages: 4 Purpose: The purpose of this policy is to establish a formal permit procedure for performing W ork within the Right-Of-Way, herein referred to as the “Right-Of-Way Work Permit” (as defined in Section 74-142 of the City of Brookings Municipal Code), to ensure that the usability, structural integrity and life expectancy of these Rights-Of-Way are preserved. The City of Brookings Municipal Code, Chapter 74: Streets, Sidewalks, and Other Public Places; Section I Article IV provides additional clarification of requirements for obtaining a Right-Of-Way Work Permit, as well as an Excavator License. Scope: The policy is intended to address the procedures for gaining approval to perform Work within the City Right-Of-W ay, as defined in the City of Brookings municipal ordinance code. Applicability: The requirements set forth in this policy will apply to all public or private utility companies, contractors, business owners, or homeowners desiring to perform Work within any public Right-Of-W ay under the jurisdiction and control of the City of Brookings or any City-owned property. “Work”, as defined in Section 74-142, includes but is not limited to construction, excavation, backfill, trenching, boring, potholing, and demolition. The following types of Work are exempt from this policy: driveway approaches, sidewalk installation or repair, landscaping, irrigation, or other Work that the City Engineer deems exempt. Legal Authority: Reference is hereby made to the Municipal Code of the City of Brookings, South Dakota, Chapter 74 Streets, Sidewalks and Other Public Places, Article IV., wherein it is stated that written permission from the Public Works - Engineering Division is required to perform W ork upon any street, alley or public ground in the City. Permit Process & Fees (Permit Requirements): Any person or entity performing Work within the Right-Of-W ay must obtain a Right-Of- Way Work Permit from the Public Works - Engineering Division at least two (2) business days prior to starting the W ork, with exceptions to W ork performed under direct contract with the City of Brookings or W ork performed for emergency repairs to damaged infrastructure. In the circumstance of emergency W ork, a permit must be obtained the following business day; failure to do so may incur additional penalties. A permit fee, pursuant to the City Council approved Consolidated Fee Schedule, is required to be paid in full at the time the application is submitted. Work performed for municipally owned utility companies will be exempt from permit fees but will be required to obtain a permit. Applicants must provide detailed information about the location, nature, and extent of the W ork to be performed. Multiple excavations are allowed if pre-defined under the original Permit. An anticipated timeframe for the W ork must be included on the application form. Permits will be valid for the days approved on the permit. Modifications to the dates can be made by contacting the Public Works - Engineering Division for approval. The City will not approve a permit application for Work between November 15th and April 15th unless it is an emergency repair to infrastructure or utilities, as deemed by the City Engineer. If weather conditions allow, the City Engineer or designee may make an exception and approve a permit during this timeframe; however, the Permit Holder will still be responsible for restoring the W ork site to the satisfaction of the City Engineer, even if the weather becomes unsatisfactory while the Work is in progress. The Permit Holder may be required to perform immediate temporary measures to restore the Work site to the satisfaction of the City Engineer, as well as provide ongoing maintenance of such measures until permanent restoration is completed. Traffic Control and Protection of Work Site: Adequate pedestrian and vehicular traffic control, signs and barricades are the Permit Holder’s responsibility and shall be provided by the Permit Holder. No street shall be closed without prior notification to the Brookings Police Department. Utility locates must be completed prior to any work. Call South Dakota One Call at 811 to make arrangements. The Applicant must provide an acceptable traffic control plan with the Permit application. Excavator License: Any person or entity performing the W ork in a Right-Of-W ay must possess an Excavator License with the City of Brookings prior to a permit application being submitted. To obtain an Excavator’s License, the Public Works - Engineering Division will require the following: A. Excavator License Application B. Bonds & Insurance: Bond and Insurance requirements shall be met and are detailed in the application for obtaining an Excavator License. The bond and insurance shall be valid for the term of the Excavator License, expiring December 31st of the current year. C. Excavator License Fee: The fee for an Excavator License is set forth in the City Council approved Consolidated Fee Schedule and is due at the time of application submittal. D. The following are exempt from licensing requirements: a. Contractors performing work under direct contract with the City. b. City owned utility companies and contractors performing work for City owned utility companies. Penalties: If non-emergency W ork begins without first obtaining a Right-Of-Way Work Permit, in addition to the permit fee, a fine may be charged as follows: A. $250 for the 1st offense B. $500 for the 2nd offense C. $1,000 for the 3rd offense and any subsequent offense The City Engineer may waive penalties if a sufficient reason is provided. Safety Standards and Protection to Public: Any person performing W ork shall, during the progress and continuance of the W ork, keep and maintain about and around the excavation during both day and night, suitable guards, fences, warning lights and signals in the latest version of the Manual on Uniform Traffic Control Devices (MUTCD) to prevent injury to persons, animals or vehicles as a result of such excavations. Permit Holder’s Responsibility: A. Permit Holder must provide and maintain construction signage to meet MUTCD requirements on any land or sidewalk closures. The use of barriers, warning signs and protective equipment shall be considered. B. Access to adjacent properties must be provided at all times unless arrangements have been made with the property owner. C. During the winter months, traffic control shall be removed whenever City snow removal operations are anticipated. Construction Methods & Materials: Work must conform to all applicable standards, specifications, codes, and regulations of the City of Brookings and Brookings Municipal Utilities. Warranties and Responsibilities for Continued Maintenance: The permit holder is responsible for workmanship, materials, trench settlement, or any other deficiencies caused by their work during the corrective period of three (3) years following excavation. During the warranty period: A. The permit holder shall repair and/or replace all deficiencies during the corrective period at no cost to the City. B. The City shall determine whether adequate repair and restoration has been completed. C. If the permit holder fails to repair or restore affected Right-Of-Way, in a reasonable and timely manner, the City may complete repairs, and the permit holder shall pay the costs incurred by the City. D. If a permit holder fails to comply with the City Engineer Rules and Regulations, the City Engineer may choose to revoke their Excavator License and deny future Right-Of-Way Work Permits. E. In the event of a failed restoration that may cause a hazard to pedestrian or vehicular traffic, and the permit holder responsible is not able to repair the site within a reasonable amount of time determined by the City Engineer, the City may complete the repairs and bill the permit holder accordingly. Approved: City Manager: _________________________________ Date: ___________________________ Review and Amendments: This policy has been reviewed by: City Engineer: _________________________ Date: ____________________ Public Works Director: ___________________ Date: ____________________ 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 26-002,Version:2 Public Hearing and Action on Ordinance 26-002, an Ordinance Amending Chapter 22 - Buildings and Building Regulations of the Code of Ordinances of the City of Brookings, South Dakota. Summary and Recommended Action: The State of South Dakota is responsible for the licensing, regulation, and inspection of residential and commercial plumbing within the City of Brookings. The proposed amendment eliminates redundant regulations and the requirement of a separate plumbing license, issued by the City of Brookings. Staff recommends approval of the proposed ordinance amendment to strike reference to the City’s regulation of plumbing. Attachments: Memo Ordinance - clean Ordinance - marked Legal Notice City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Richter, City Engineer Council Meeting: January 13, 2026 / January 27, 2026 Subject: Ordinance 26-002: Revision to Chapter 22 – Buildings and Building Regulations Presenter: Charlie Richter, City Engineer Summary and Recommended Action: The State of South Dakota is responsible for the licensing, regulation, and inspection of residential and commercial plumbing within the City of Brookings. The proposed amendment eliminates redundant regulations and the requirement of a separate plumbing license, issued by the City. Staff recommends approval of the proposed ordinance amendment. Item Details: Chapter 22, Article III – Plumbing outlines the City’s regulations for obtaining plumbing permits and plumbing licenses. However, the City of Brookings has not been responsible for permitting and inspecting plumbing work for either commercial or residential construction since 1970, when those responsibilities were assumed by the State of South Dakota. The only portion of the plumbing ordinance that remains enforced is the requirement to obtain a City plumber’s license. This license serves to regulate water, sanitary sewer and storm sewer work within the right-of-way and requires submission of an insurance certificate, a performance bond, and proof of a state plumbing license for approval. Public Works is proposing amendments to Chapter 74, Article IV – Excavations, which will require an Excavator’s License as part of the new Right-of-Way Work Permit, as well as a valid state plumbing license for any water, sanitary sewer, or storm sewer work within the right-of-way. With these new requirements in place, the City plumber’s license will become redundant and obsolete. To reduce confusion regarding the authority responsible for regulating plumbing within the City, Public Works proposes eliminating Chapter 22, Article III – Plumbing in its entirety and amending Chapter 22, Article II - Building Code, Section 22-31, to adopt the State of South Dakota’s plumbing code by reference. Public Works has coordinated Community Development and Brookings Municipal Utilities regarding the proposed changes, and all parties are in agreement. 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: There will be no net increase General Fund costs associated with the recommended action. The anticipated loss of annual revenue (approximately $1,000) from the issuance of City plumber’s license is expected to be fully offset by revenue generated through the issuance of right-of-way work permits. Supporting Documentation: Ordinance - clean Ordinance - marked Legal Notice ORDINANCE 26-002 AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO BUILDINGS AND BUILDING REGULATIONS BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: THAT CHAPTER 22, ARTICLE II AND III. of the Code of Ordinances and pertaining to Buildings and Building Regulations is hereby amended to read as follows: ARTICLE II. BUILDING CODE1 Sec. 22-31. Adoption. There is adopted by the city those certain codes known as the 2021 Edition of the International Building Code, the 2021 International Residential Code, the 2021 International Mechanical Code, the 2021 International Fire Code, 2021 International Existing Building Code, and the 2021 International Property Maintenance Code collectively referred to as the "International Building Code", "building code" or "code". A copy of the building code is on file in the office of the city engineer and is available for inspection. The South Dakota State Plumbing Code (state plumbing code), as adopted by the state plumbing commission under SDCL Chapter 36-25 (SDCL 36-25-1 et seq.) is adopted. All installations, repairs and alterations of plumbing shall be performed in accordance with its provisions. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-32. Conflicts. In the event of any other conflict between the provisions of the International Building Code adopted by this article and other provisions of city ordinance, state law or rules or regulations of the city, the provisions of city ordinance, state law or the rules or regulations of the city shall prevail and be controlling. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-33. Definitions. The following words, terms and phrases, when used in the building code adopted in section 22-31, shall be defined, except where the context clearly indicates a different meaning, as follows: Municipality means the City of Brookings. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-34. Establishment of office of building official. The office of building official is created, and the city manager shall designate the executive official in charge, who shall be known as the building official and whose duties shall be as outlined in the International Building Code adopted in section 22 -31. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-35. Fees; permits. (a) No permit required by the building code shall be issued until the fee prescribed by resolution shall have been paid. No amendment to a permit shall be approved until the additional fee, if any, resulting from an increase in the estimated cost of the building or structure, shall have been paid. (b) For the demolition or removal of a building that is furnished with water and/or sewer, a permit may be granted; provided, however, that in such case, a deposit guaranteeing the abandonment of the water services and guaranteeing the abandonment of the sewer services shall be deposited at the time of application for such permit, the deposit to be in an amount to be determined by policy of the utility board. Such deposit, but not the fees, will be refunded upon completion of the work or the city will arrange for such work at actual cost, plus ten percent to be paid from such deposit. The demolition or removal shall be completed within 30 days after the issuance of the permit. If water and sewer services are to be reused or new services required for a new structure in the immediate future at the same location, deposits may be waived by the building official. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-36. Amendments. The following amendments to the 2021 Internationa l Residential Code are adopted and incorporated into the building code: R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2). 2. Fences not over 6 feet (1,829 mm) high. 3. Retaining walls that are not over 4 feet (1,219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2 to 1. 5. Sidewalks. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Exception: Every permit issued shall become invalid 2 years from date of issuance. R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction, erosion and sediment controls in accordance with Chapter 72 of the Code of Ordinances, lowest allowable building opening, and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by the applicable governing authority that shall be in addition to the required permit fees. The minimum investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. R301.2 Climatic and Geographic Design Criteria. 1. Ground Snow Load: 40 psf contour Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 30 pounds per square foot (1.44kN/square meter) of horizontal projection. Where a roof system is designed to slope less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a surcharge load of not less five pounds per square foot (0.24kN/square meter) in addition to the required live load due to snow shall be designed for. Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 25 pounds per square foot (1.2kN/square meter) of horizontal projection. Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and offsets in roofs of uneven configuration shall be considered. 2. Wind Speed: 115 mph 3. Seismic Design: Category A 4. Weathering: Severe 5. Frost Line Depth: 42 inches 6. Termite Damage: Severe to Moderate 7. Winter Design Temperature: -11 deg Fahrenheit 8. Ice barrier underlayment requirement: Yes 9. Air freezing index: 3,000 10. Mean annual temperature: 46 deg Fahrenheit R302.13 Fire protection of floors. Floor assemblies that are not required elsewhere in this code to be fire-resistance rated shall be provided with a ½-inch (12.7 mm) gypsum wallboard membrane, ⅝-inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member. Penetrations or openings for duct, vents, electrical outlets, lighting, devices, luminaires, wires, speakers, drainage, piping and similar openings or penetrations shall be permitted. Exceptions: 1. Floor assemblies located directly over a space protected be an automatic sprinkler system in accordance with Section P2904, NFPA 13D, or other approved equivalent sprinkler system. 2. Floor assemblies located directly over a crawl space. 3. Portions of floor assemblies shall be permitted to be unprotected where complying with the following: 3.1 The aggregate area of the unprotected portions does not exceed 80 square feet (7.4 m2) per story. 3.2 Fire blocking is accordance with Section R302.11.1 is installed along the perimeter of the unprotected portion to separate the unprotected portion from the remainder or the floor assembly. 4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance. 5. Floor assemblies installed over an unfinished basement. R310.2.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches above the floor. R310.4.2.1 Ladder and steps. Area wells with a vertical depth greater than 48 inches shall be equipped with an approved, permanently affixed ladder or steps. The ladder or steps shall not be obstructed by the emergency escape and rescue opening where the window or door is in the open position. Ladders or steps required by this section shall not be required to comply with Sections R311.7. R310.2.4 Emergency escape windows under decks and porches. Emergency escape and rescue openings installed under decks, and porches and cantilevers shall be fully openable and provide a path not less than 80 inches in height and 36 inches (914 mm) in width to a yard or court. R311.7.8.5 Grip-size. Required handrails shall be of one of the following types or provide equivalent grasp ability. 1. Type I. Handrails with a circular cross section shall have an outside diameter of not less than 1-¼ inches (32 mm) and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter of not less than 4 inches (102 mm) and not greater than 6-¼ inches (160 mm) and a cross section of not more than 2-¼ inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). 2. Type II. Handrails with a perimeter greater than 6 -¼ inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall be within ¾ inch (19 mm) measured vertically from the tallest portion of the profile and have a depth of not less than 5/16inch (8 mm) within ⅞ inch (22 mm) below the widest portion of the profile. This required depth shall continue for not less than ⅜ inch (10 mm) to a level that is not less than 1-¾ inches (45 mm) below the tallest portion of the profile. The width of the handrail above the recess shall be not less than 1 -¼ inches (32 mm) and not more than 2-¾ inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). Exception: Exterior stairs not serving required egress door are allowed to have a horizontal 2x member to form a 1-½-inch graspable dimension in lieu of the above reference perimeter dimensions. R313 Automatic Fire Sprinkler Systems. Not Adopted by the City R314.3 Location. Smoke alarms shall be installed in the following locations: 1. In each sleeping room. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms. 3. On each additional story of the dwelling, including basement s and habitable attics and not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided the lower level is less than one full story below the upper level. 4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section R314.3. 5. A smoke detector installed in a stairwell shall be so located as to ensure that smoke rising in the stairwell cannot be prevented from reaching the detector by an intervening door or obstruction. 6. A smoke detector installed to detect a fire in the basement shall be located in close proximity to the stairway leading to the floor above. 7. The smoke detector installed on a story without a separate sleeping area shall be located in close proximity to the stairway leading to the floor above. 8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from a wall or on a wall with the top of the detector not less than four inches (102 mm) nor more than 12 inches (305 mm) below the ceiling. R401.1, Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AWC PWF. Exception: The provisions for this chapter shall be permitted to be used for wood foundations only in the following situations: 1. In buildings that have no more than two floors and a roof. 2. Where interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15,240 mm). Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be designed in accordance with accepted engineering practice. For new home construction, curb and gutter shall be required to be installed on all sides of the lot adjacent to the public street right-of-way prior to the issuance of the building permit, except for pre-existing public streets which do not have curb & gutter. R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3,048 mm). In addition, the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches (305 mm) plus 2 percent. Alternate elevations are permitted subject to the approval of the building official, provided it can be demonstrated that the required drainage to the point of discharge and away from the structure is provided at all locations on the site. Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches (152 mm) of fall within 10 feet (3,048 mm), drains or swales shall be constructed to ensure drainage away from the structure. Impervious surfaces within 10 feet (3048 mm) of the building foundation shall be sloped a minimum of 2 percent away from the building. R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extended below the frost line specified in Table R301.2.(1). 2. Constructed in accordance with ASCE 32. 3. Erected on solid rock. Footings shall not bear on frozen soil unless the frozen condition is permanent. Exceptions: 1. Protection of freestanding accessory structures with an area of 1,000 square feet or less, of light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required. 2. Protection of freestanding accessory structures with an area of 400 square feet (37 m2) or less, of other than light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. Table N1102.1.2 - Delete and Replace with Table N1102.1 of the 2009 IRC. N1102.2.9 (R402.2.0) Basement walls. Walls associated with conditioned basements shall be insulated from the top of the basement wall down to 10ft (3048 mm) below grade or to the basement floor, whichever is less. Walls associated with unconditioned basements shall comply with this requirement except where the floor overhead is insulated in accordance with Section N1102.1.2 and N1102.2.8. Exception: Exterior basement walls of enclosed mechanical rooms. N1102.4.1.2 (R402.4.1.2) Testing. Not Adopted by the City. N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by the city. N1103.3.3 (R403.3.3) Duct testing (Mandatory). Not Adopted by the City. The following amendments to the 2021 International Building Code are adopted and incorporated into the building code: 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than exceed 120 square feet (11 m2). 2. Fences not over 6 feet (1,829 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1,219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 5. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,924 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. 13. Non-fixed and moveable fixtures, case, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height. 107.2.6 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations, and erosion and sediment controls and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. The City Engineer may require that the construction documents submitted with the application for permit be accompanied by a final drainage plan for all projects involving one acre or more of land area. The final drainage plan shall conform to the city approved Storm Drainage Design and Technical Criteria Manual. All drainage facilities including storm sewers, on-site detention, drainage ways, detention basins and detention channels shall be designed in compliance with approved engineering design standards and the Storm Drainage and Technical Criteria Manual and are subject to approval of the City Engineer. ;p0;109.4 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by the applicable governing authority that shall be in addition to the required permit fees. The minimum investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 423.5 Group E occupancies. All Group E occupancies with an occupant load of 50 or more shall have a storm shelter constructed to withstand a design wind speed of 200mph. 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exceptions: 1. All R-3 Occupancies. 2. All R-2 buildings with 5 or fewer dwelling units. 1031.3.3. Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear openings not greater than 48 inches measured from the floor. 1031.5.2 Ladder and steps. Area wells with a vertical depth greater than 48 inches shall be equipped with an approved, permanently affixed ladder or steps. The ladder or steps shall not be obstructed by the emergency escape and rescue opening where the window or door is in the open position. Ladders or steps required by this section shall not be required to comply with Section 1011. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-09, §§ I, II, 7-14-2009; Ord. No. 23-10, § I, 6-8-2010; Ord. No. 24-10, § I, 6-8-2010; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 01-14, § I, 2-11-2014; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 17-006, § I, 2-28-2017; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) State law reference(s)—Building code and standards, SDCL 11-10-1 et seq. Sec. 22-37. Variances. The building code board of appeals may authorize, upon appeal in specific cases, a variance from the terms of this article which is not contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship; provided, however, that no variance will be granted unless the spirit of this article is observed and substantial justice is done. (Ord. No. 19-14, § I, 8-12-2014) Secs. 22-38—22-70. Reserved. All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: January 13, 2026 SECOND READING: January 27, 2026 PUBLISHED: CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk ORDINANCE 26-005 AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO BUILDINGS AND BUILDING REGULATIONS BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: THAT CHAPTER 22, ARTICLE II AND III. of the Code of Ordinances and pertaining to Buildings and Building Regulations is hereby amended to read as follows: ARTICLE II. BUILDING CODE1 Sec. 22-31. Adoption. There is adopted by the city those certain codes known as the 2021 Edition of the International Building Code, the 2021 International Residential Code, the 2021 International Mechanical Code, the 2021 International Fire Code, 2021 International Existing Building Code, and the 2021 International Property Maintenance Code collectively referred to as the "International Building Code", "building code" or "code". A copy of the building code is on file in the office of the city engineer and is available for inspection. The South Dakota State Plumbing Code (state plumbing code), as adopted by the state plumbing commission under SDCL Chapter 36-25 (SDCL 36-25-1 et seq.) is adopted. All installations, repairs and alterations of plumbing shall be performed in accordance with its provisions. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-32. Conflicts. In the event of any other conflict between the provisions of the International Building Code adopted by this article and other provisions of city ordinance, state law or rules or regulations of the city, the provisions of city ordinance, state law or the rules or regulations of the city shall prevail and be controlling. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-33. Definitions. The following words, terms and phrases, when used in the building code adopted in section 22-31, shall be defined, except where the context clearly indicates a different meaning, as follows: Formatted: Font: 10 pt Municipality means the City of Brookings. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-34. Establishment of office of building official. The office of building official is created, and the city manager shall designate the executive official in charge, who shall be known as the building official and whose duties shall be as outlined in the International Building Code adopted in section 22-31. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-35. Fees; permits. (a) No permit required by the building code shall be issued until the fee prescribed by resolution shall have been paid. No amendment to a permit shall be approved until the additional fee, if any, resulting from an increase in the estimated cost of the building or structure, shall have been paid. (b) For the demolition or removal of a building that is furnished with water and/or sewer, a permit may be granted; provided, however, that in such case, a deposit guaranteeing the abandonment of the water services and guaranteeing the abandonment of the sewer services shall be deposited at the time of application for such permit, the deposit to be in an amount to be determined by policy of the utility board. Such deposit, but not the fees, will be refunded upon completion of the work or the city will arrange for such work at actual cost, plus ten percent to be paid from such deposit. The demolition or removal shall be completed within 30 days after the issuance of the permit. If water and sewer services are to be reused or new services required for a new structure in the immediate future at the same location, deposits may be waived by the building official. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) Sec. 22-36. Amendments. The following amendments to the 2021 International Residential Code are adopted and incorporated into the building code: R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2 ). 2. Fences not over 6 feet (1,829 mm) high. 3. Retaining walls that are not over 4 feet (1,219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2 to 1. 5. Sidewalks. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Exception: Every permit issued shall become invalid 2 years from date of issuance. R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction, erosion and sediment controls in accordance with Chapter 72 of the Code of Ordinances, lowest allowable building opening, and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by the applicable governing authority that shall be in addition to the required permit fees. The minimum investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. R301.2 Climatic and Geographic Design Criteria. 1. Ground Snow Load40 psf contour Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 30 pounds per square foot (1.44kN/square meter) of horizontal projection. Where a roof system is designed to slope less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a surcharge load of not less five pounds per square foot (0.24kN/square meter) in addition to the required live load due to snow shall be designed for. Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 25 pounds per square foot (1.2kN/square meter) of horizontal projection. Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and offsets in roofs of uneven configuration shall be considered. 2. Wind Speed115 mph 3. Seismic DesignCategory A 4. WeatheringSevere 5. Frost Line Depth42 inches 6. Termite DamageSevere to Moderate 7. Winter Design Temperature-11 deg Fahrenheit 8. Ice barrier underlayment requirementYes 9. Air freezing index 3,000 10. Mean annual temperature46 deg Fahrenheit R302.13 Fire protection of floors. Floor assemblies that are not required elsewhere in this code to be fire-resistance rated shall be provided with a ½-inch (12.7 mm) gypsum wallboard membrane, ⅝-inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member. Penetrations or openings for duct, vents, electrical outlets, lighting, devices, luminaires, wires, speakers, drainage, piping and similar openings or penetrations shall be permitted. Exceptions: 1. Floor assemblies located directly over a space protected be an automatic sprinkler system in accordance with Section P2904, NFPA 13D, or other approved equivalent sprinkler system. 2. Floor assemblies located directly over a crawl space. 3. Portions of floor assemblies shall be permitted to be unprotected where complying with the following: 3.1 The aggregate area of the unprotected portions does not exceed 80 square feet (7.4 m2 ) per story. 3.2 Fire blocking is accordance with Section R302.11.1 is installed along the perimeter of the unprotected portion to separate the unprotected portion from the remainder or the floor assembly. 4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance. 5. Floor assemblies installed over an unfinished basement. R310.2.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches above the floor. R310.4.2.1 Ladder and steps. Area wells with a vertical depth greater than 48 inches shall be equipped with an approved, permanently affixed ladder or steps. The ladder or steps shall not be obstructed by the emergency escape and rescue opening where the window or door is in the open position. Ladders or steps required by this section shall not be required to comply with Sections R311.7. R310.2.4 Emergency escape windows under decks and porches. Emergency escape and rescue openings installed under decks, and porches and cantilevers shall be fully openable and provide a path not less than 80 inches in height and 36 inches (914 mm) in width to a yard or court. R311.7.8.5 Grip-size. Required handrails shall be of one of the following types or provide equivalent grasp ability. 1. Type I. Handrails with a circular cross section shall have an outside diameter of not less than 1-¼ inches (32 mm) and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter of not less than 4 inches (102 mm) and not greater than 6-¼ inches (160 mm) and a cross section of not more than 2-¼ inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). 2. Type II. Handrails with a perimeter greater than 6-¼ inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall be within ¾ inch (19 mm) measured vertically from the tallest portion of the profile and have a depth of not less than 5/16inch (8 mm) within ⅞ inch (22 mm) below the widest portion of the profile. This required depth shall continue for not less than ⅜ inch (10 mm) to a level that is not less than 1-¾ inches (45 mm) below the tallest portion of the profile. The width of the handrail above the recess shall be not less than 1-¼ inches (32 mm) and not more than 2-¾ inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). Exception: Exterior stairs not serving required egress door are allowed to have a horizontal 2x member to form a 1-½-inch graspable dimension in lieu of the above reference perimeter dimensions. R313 Automatic Fire Sprinkler Systems. Not Adopted by the City R314.3 Location. Smoke alarms shall be installed in the following locations: 1. In each sleeping room. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms. 3. On each additional story of the dwelling, including basements and habitable attics and not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided the lower level is less than one full story below the upper level. 4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section R314.3. 5. A smoke detector installed in a stairwell shall be so located as to ensure that smoke rising in the stairwell cannot be prevented from reaching the detector by an intervening door or obstruction. 6. A smoke detector installed to detect a fire in the basement shall be located in close proximity to the stairway leading to the floor above. 7. The smoke detector installed on a story without a separate sleeping area shall be located in close proximity to the stairway leading to the floor above. 8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from a wall or on a wall with the top of the detector not less than four inches (102 mm) nor more than 12 inches (305 mm) below the ceiling. R401.1, Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AWC PWF. Exception: The provisions for this chapter shall be permitted to be used for wood foundations only in the following situations: 1. In buildings that have no more than two floors and a roof. 2. Where interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15,240 mm). Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be designed in accordance with accepted engineering practice. For new home construction, curb and gutter shall be required to be installed on all sides of the lot adjacent to the public street right-of-way prior to the issuance of the building permit, except for pre-existing public streets which do not have curb & gutter. R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3,048 mm). In addition, the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches (305 mm) plus 2 percent. Alternate elevations are permitted subject to the approval of the building official, provided it can be demonstrated that the required drainage to the point of discharge and away from the structure is provided at all locations on the site. Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches (152 mm) of fall within 10 feet (3,048 mm), drains or swales shall be constructed to ensure drainage away from the structure. Impervious surfaces within 10 feet (3048 mm) of the building foundation shall be sloped a minimum of 2 percent away from the building. R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extended below the frost line specified in Table R301.2.(1). 2. Constructed in accordance with ASCE 32. 3. Erected on solid rock. Footings shall not bear on frozen soil unless the frozen condition is permanent. Exceptions: 1. Protection of freestanding accessory structures with an area of 1,000 square feet or less, of light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required. 2. Protection of freestanding accessory structures with an area of 400 square feet (37 m2 ) or less, of other than light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. Table N1102.1.2 - Delete and Replace with Table N1102.1 of the 2009 IRC. N1102.2.9 (R402.2.0) Basement walls. Walls associated with conditioned basements shall be insulated from the top of the basement wall down to 10ft (3048 mm) below grade or to the basement floor, whichever is less. Walls associated with unconditioned basements shall comply with this requirement except where the floor overhead is insulated in accordance with Section N1102.1.2 and N1102.2.8. Exception: Exterior basement walls of enclosed mechanical rooms. N1102.4.1.2 (R402.4.1.2) Testing. Not Adopted by the City. N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by the city. N1103.3.3 (R403.3.3) Duct testing (Mandatory). Not Adopted by the City. The following amendments to the 2021 International Building Code are adopted and incorporated into the building code: 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than exceed 120 square feet (11 m2 ). 2. Fences not over 6 feet (1,829 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1,219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 5. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,924 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. 13. Non-fixed and moveable fixtures, case, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height. 107.2.6 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations, and erosion and sediment controls and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. The City Engineer may require that the construction documents submitted with the application for permit be accompanied by a final drainage plan for all projects involving one acre or more of land area. The final drainage plan shall conform to the city approved Storm Drainage Design and Technical Criteria Manual. All drainage facilities including storm sewers, on-site detention, drainage ways, detention basins and detention channels shall be designed in compliance with approved engineering design standards and the Storm Drainage and Technical Criteria Manual and are subject to approval of the City Engineer. ;p0;109.4 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by the applicable governing authority that shall be in addition to the required permit fees. The minimum investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 423.5 Group E occupancies. All Group E occupancies with an occupant load of 50 or more shall have a storm shelter constructed to withstand a design wind speed of 200mph. 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exceptions: 1. All R-3 Occupancies. 2. All R-2 buildings with 5 or fewer dwelling units. 1031.3.3. Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear openings not greater than 48 inches measured from the floor. 1031.5.2 Ladder and steps. Area wells with a vertical depth greater than 48 inches shall be equipped with an approved, permanently affixed ladder or steps. The ladder or steps shall not be obstructed by the emergency escape and rescue opening where the window or door is in the open position. Ladders or steps required by this section shall not be required to comply with Section 1011. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-09, §§ I, II, 7-14-2009; Ord. No. 23-10, § I, 6-8-2010; Ord. No. 24-10, § I, 6-8-2010; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 01-14, § I, 2-11-2014; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 17-006, § I, 2-28-2017; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) State law reference(s)—Building code and standards, SDCL 11-10-1 et seq. Sec. 22-37. Variances. The building code board of appeals may authorize, upon appeal in specific cases, a variance from the terms of this article which is not contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship; provided, however, that no variance will be granted unless the spirit of this article is observed and substantial justice is done. (Ord. No. 19-14, § I, 8-12-2014) Secs. 22-38—22-70. Reserved. ARTICLE III. PLUMBING2 DIVISION 1. GENERALLY Sec. 22-71. Enforcement of article provisions. The administration and enforcement of this article shall be the duty of the city manager or the city manager's designee, who is authorized to require the inspections and tests and take such action as may be necessary to enforce this article. (Code 1996, § 31-1; Ord. No. 24-00, § I(31-1), 8-14-2000) Sec. 22-72. Scope of article. The provisions of this article apply to and govern plumbing within this city, including the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public and private water supply systems within or adjacent to any building or other structure or conveyance and the materials and fixtures used in the installation, maintenance, extension or alteration of the stormwater or sewage system of any premises to their connection with any point of public disposal or other terminal. (Code 1996, § 31-2; Ord. No. 24-00, § I(31-2), 8-14-2000) Sec. 22-73. Right of entry. The city manager, city engineer or their staff or any member of the Plumbers' review board shall, after proper identification, have the right to enter any premises for the purpose of inspecting any plumbing system at such times as may be reasonably necessary to protect the public health and to otherwise protect the public water supply system. 2State law reference(s)—Plumbing, SDCL 36-25-1 et seq.; local regulation of plumbing, SDCL 36-25-16. (Code 1996, § 31-4; Ord. No. 24-00, § I(31-4), 8-14-2000) Sec. 22-74. Plumbers' review board. (a) Plumber's review board established. For the purposes of this article, the building code board of appeals shall also act as the Plumbers' review board. (b) Duties generally. The Plumbers' review board shall sit as a board to review violations of this article and shall have authority to recommend to the city manager that a Plumber's license issued by the city be suspended or revoked for violation of the provisions of this article. The board shall keep an official record of its actions. (c) Protection of water supply system. The Plumbers' review board may also make such rules and regulations in furtherance of the purposes of this article which are not inconsistent with the specific provisions of this article for the installation, repair or alteration of air conditioning systems, water treatment equipment and other water-operated devices as may be necessary to properly protect the public water supply system. (Code 1996, §§ 31-15-31-17; Ord. No. 24-00, § I(31-15-31-17), 8-14-2000) Secs. 22-75—22-100. Reserved. DIVISION 2. TECHNICAL STANDARDS Sec. 22-101. Code adopted. (a) The South Dakota State Plumbing Code (state plumbing code), as adopted by the state plumbing commission under SDCL Chapter 36-25 (SDCL 36-25-1 et seq.) is adopted. All installations, repairs and alterations of plumbing shall be performed in accordance with its provisions. (b) In the case of discretionary actions and determinations by the Plumbers' review board, the relevant facts shall be considered and determinations made in the exercise of reasonable discretion, and all such determinations shall be final in the absence of abuse of discretion. (Code 1996, § 31-65; Ord. No. 24-00, § I(31-65), 8-14-2000) State law reference(s)—Promulgation of plumbing code, SDCL 36-25-15. Sec. 22-102. Official copy. A copy of the state plumbing code and current state and local amendments shall be kept on file in the office of the city engineer and shall be available for inspection by the public. (Code 1996, § 31-66; Ord. No. 24-00, § I(31-66), 8-14-2000) Sec. 22-103. Conflicts. In the event of any conflict between the provisions of the state plumbing code adopted by this article and other applicable provisions of state law, city ordinance or any rule or regulation of the city, the provisions of state law, city ordinance and the rule or regulation of the city shall prevail and be controlling. (Code 1996, § 31-67; Ord. No. 24-00, § I(31-67), 8-14-2000) Sec. 22-104. City amendments to plumbing code. Rules promulgated by the municipal utilities board in regard to water and wastewater plumbing in the city are incorporated by reference and are made a part of the plumbing code adopted by this article. (Code 1996, § 31-68; Ord. No. 24-00, § I(31-68), 8-14-2000) Secs. 22-105—22-130. Reserved. DIVISION 3. PERMIT Sec. 22-131. Required. No plumbing work, unless excepted in this article, may be commenced prior to the issuance of a permit therefor by the city engineer. A permit will be issued only to a licensed plumbing contractor, except as provided in sections 22-132 and 22-133. (Code 1996, § 31-49; Ord. No. 24-00, § I(31-49), 8-14-2000) Sec. 22-132. Exception. No permit is required by a homeowner to do any work otherwise regulated by this article in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings in connection with a single- family dwelling, provided that the person who does the plumbing work is a bona fide owner of such dwelling and that the dwelling will be occupied by such owner and further, provided that such owner shall personally purchase all material and perform all labor in connection with the plumbing work. (Code 1996, § 31-50; Ord. No. 24-00, § I(31-50), 8-14-2000) Sec. 22-133. Repairs. Repairs involving only the working parts of a faucet or valve, the clearance of stoppages, repairing of leaks, or replacement of defective faucets or valves or the replacing of stools, lavatories, bathtubs or sinks, or such other repairs or replacements of a similar nature may be made without a permit provided no changes are made in the piping to the fixtures. (Code 1996, § 31-51; Ord. No. 24-00, § I(31-51), 8-14-2000) Sec. 22-134. Application. Application for a permit required by this article shall be made on suitable forms provided by the city engineer. The application shall be accompanied by fees in accordance with the schedule of fees established by the city as provided in section 22-135. (Code 1996, § 31-52; Ord. No. 24-00, § I(31-52), 8-14-2000) Sec. 22-135. Schedule of fees. The schedule of fees to be charged for the issuance of permits under this article shall be maintained in the office of the city engineer and available for public inspection. (Code 1996, § 31-53; Ord. No. 24-00, § I(31-53), 8-14-2000) Sec. 22-136. Plans and specifications. No permit will be issued until plans and specifications showing the proposed work in necessary detail have been submitted to the city engineer and the city engineer or a representative of the city engineer has determined by an examination of such plans and specifications that the plans provide assurance that the work will conform to the provisions of the state plumbing code. If a permit is denied, the applicant may submit revised plans and specifications without payment of an additional fee. If, in the course of the work, it is found to be necessary to make any change of the plans and specifications upon which a permit has been issued, then amended plans and specifications must be submitted and a supplementary permit, subject to the same conditions applicable to the original application, shall be issued. (Code 1996, § 31-54; Ord. No. 24-00, § I(31-54), 8-14-2000) Sec. 22-137. Supervision of work. No individual, firm, partnership, company, corporation or other entity shall engage in the business of installing, repairing or altering plumbing unless the plumbing work performed in the course of such business is under the direct supervision of a licensed plumbing contractor. (Code 1996, § 31-55; Ord. No. 24-00, § I(31-55), 8-14-2000) Secs. 22-138—22-160. Reserved. DIVISION 4. PLUMBING CONTRACTOR LICENSE3 Sec. 22-161. Required. No person shall engage in the business of plumbing in the city unless licensed by the city as a plumbing contractor. Any person who desires to obtain a license under this article shall exhibit, at the time of application, a valid state plumbing contractor's license. (Code 1996, § 31-32; Ord. No. 24-00, § I(31-32), 8-14-2000) Sec. 22-162. Chapter 26 of this Code applicable. The provisions of chapter 26 of this Code, insofar as such provisions may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this article. (Code 1996, § 31-33; Ord. No. 24-00, § I(31-33), 8-14-2000) Sec. 22-163. Bond and insurance requirements. (a) A person who has been issued a plumbing contractor's license shall execute and file with the city clerk a performance bond with sufficient surety to be approved by the city manager in the sum of $5,000.00 which provides that the licensee shall release and save the city and its officials harmless of and free from all 3State law reference(s)—State licensing of Plumbers, SDCL 36-25-17 et seq. expenses and damages caused or resulting from any negligence of the licensee, and that the licensee will restore all earth, pavement and other materials removed by it in laying any pipe or for any other purpose so that the location of the licensee's work is in as good a state and condition as it was before such opening was made, and that the licensee will keep and maintain the same in the same condition and to the satisfaction of the superintendent of streets for 24 months thereafter and that it will pay all fines that may be imposed upon it for any violation of any rules, regulations or ordinances of the city, or of the city engineer or utility board relating to such pipes, waterworks or sewers; provided, however, that if the licensee shall procure and file with the city clerk a public liability insurance policy which indemnifies the public against loss by the negligence of the licensee or its agents in the sum of not less than $50,000.00 to any one person and $100,000.00 for any one claim, and provided the form and content of such policy is written by a registered insurance company licensed by the state, then the amount of the bond shall be reduced to the sum of $1,000.00. (b) A plumbing contractor's license shall not be valid unless the licensee complies with the provisions of this section. (Code 1996, § 31-56; Ord. No. 24-00, § I(31-56), 8-14-2000) Sec. 22-164. Renewal. All licenses issued by the city shall expire on December 31 of the year in which issued, but may be renewed upon payment of the appropriate license fee, which shall be established by resolution of the city council. (Code 1996, § 31-36; Ord. No. 24-00, § I(31-36), 8-14-2000) Sec. 22-165. Use of licensee's name by another. No person who has obtained a Plumber's license from the city may allow their name to be used by another person either for the purpose of obtaining a permit or for the purpose of doing business or work under the Plumber's license. Every person who is licensed shall notify the city clerk of the address of their place of business, if any, and the name under which such business is operated and shall give immediate notice to the city clerk of any change in either. (Code 1996, § 31-38; Ord. No. 24-00, § I(31-38), 8-14-2000) Sec. 22-166. Revocation. The city manager may suspend or revoke any license if obtained through nondisclosure, misstatement or misrepresentation of a material fact or if a licensee violates any of the provisions of this article. Before a license may be suspended or revoked, the licensee shall receive notice in writing enumerating the charges against it and shall be entitled to a hearing by the city council not earlier than five days after receipt of the notice. The licensee shall have an opportunity to present oral or written testimony and evidence. The decision of the city council shall be based upon the evidence produced at the hearing. A person whose license has been revoked shall not be permitted to apply until one year after the date of revocation. (Code 1996, § 31-37; Ord. No. 24-00, § I(31-37), 8-14-2000) Secs. 22-167—22-200. Reserved. NOTICE OF PUBLIC HEARING Ordinance 26-002 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, January 27, 2026, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 26-002, an Ordinance Amending Chapter 22, Article II – Building Code and Article III - Plumbing of the Code of Ordinances of the City of Brookings. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 16th day of January, 2026. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 26-012,Version:1 Action on Resolution 26-012, a Resolution Authorizing the Carry Forward of Outstanding Encumbrances. Summary and Recommended Action: Staff recommends approval of this resolution to carry forward outstanding encumbrances totaling $1,617,053.50 from the 2025 fiscal year into 2026. These encumbrances reflect unpaid balances on purchase orders and contracts for goods and services that are still in progress or pending fulfillment. Attachments: Memo Resolution Purchase Order and Budget Adjustment Detail City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director; John Thompson, Public Works Director Council Meeting: January 27, 2026 Subject: Resolution 26-012: Encumbrances Carryforward Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of the proposed resolution to carry forward outstanding encumbrances totaling $1,617,053.50 f rom the 2025 fiscal year into 2026. These encumbrances reflect unpaid balances on purchase orders and contracts for goods and services that are still in progress or pending fulfillment. Item Details: The City of Brookings utilizes an encumbrance accounting system to track and reserve budget authority for contracts and purchase orders in the Public Works department. At the close of FY2025, several encumbrances remained open for purchases that have been authorized but not completed. To maintain budgetary compliance and ensure appropriate funding in the new fiscal year, Council approval is required to carry forward these amounts into FY2026. Encumbrances are tied to contracts or projects that span fiscal years and include engineering services, infrastructure improvements, equipment purchases, and construction contracts. Each open purchase order has been reviewed by City staff for legitimacy and accuracy. The list of encumbrances is detailed in the PO summary Report (Schedule A), with associated budget adjustments summarized in Schedule B. Legal Consideration: In accordance with SDCL 9-21-7 and SDCL 9-21-24.1, municipalities may carry forward encumbrances when appropriations were lawfully established in the prior fiscal year and the expenditures relate to approved projects still in progress. SDCL 9-21-24.1 specifically authorizes the governing body, by resolution adopted no later than its first meeting in February, to encumber the unexpended portion of prior year appropriations were incurred but not yet paid. The resolution must identify the appropriation accounts and encumbered amounts. The Finance Office is required to maintain a detailed listing by payee and amount to support the encumbrance totals for audit purposes. This resolution complies with state law and ensures accurate financial reporting and continuity of appropriated funding into the 2026 fiscal year. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: This resolution authorizes the carryforward or $1,617,053.50 in encumbered funds. Budget amendments to reflect these amounts in the 2026 budget are included by account and fund in the attached detail. Supporting Documentation: Resolution Purchase Order and Budget Adjustment Detail RESOLUTION 26-012 A RESOLUTION AUTHORIZING THE CARRYFORWARD OF OUTSTANDING ENCUMBRANCES WHEREAS, the City of Brookings utilizes an encumbrance accounting system to reserve budget authority for purchase orders and contracts that have not yet been paid ; and W HEREAS, at the close of the fiscal year ending December 31, 2025, certain purchase orders and contracts remained open with unpaid balances; and W HEREAS, management has reviewed all outstanding encumbrances and determined that some encumbrances should be carried forward into the subsequent fiscal ye ar; and W HEREAS, the governing body desires to formally authorize the disposition of these encumbrances to ensure accurate financial reporting and compliance with budgetary controls. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, that: Encumbrances To Be Carried Forward: Outstanding encumbrances totaling $1,617,053.50 as of December 31, 2025 are hereby au thorized to be carried forward into the fiscal year beginning January 1, 2026 for the purpose of completing the related purchases or contractual obligations. The Finance Director is authorized and directed to make the necessary accounting entries in the City’s financial system to carry out this resolution. This resolution shall be effective upon its adoption . Passed and Approved this 27th day of January, 2026. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk PO Number Vendor Name GL Account Encumbered Amount 2023000013 Banner Associates Inc 534-000-5-422-03 $17,810.55 2023000021 Banner Associates Inc 514-000-5-429-09 $10,786.23 2024000001 Civil Design Inc 213-430-5-960-03 $8,877.83 2024000018 SD Dept Of Transportation 213-430-5-960-03 $41,000.00 2024000021 Banner Associates Inc 213-450-5-960-03 $7,481.45 2025000001 HDR Engineering Inc 101-430-5-422-03 $713.50 2025000004 Banner Associates Inc 282-000-5-422-03 $19,739.70 2025000004 Banner Associates Inc 282-000-5-980-00 $20,907.05 2025000005 Banner Associates Inc 213-450-5-960-03 $308.88 2025000008 Prussman Contracting Inc 282-000-5-980-00 $31,203.28 2025000011 Banner Associates Inc 213-430-5-960-03 $3,825.50 2025000014 Bowes Constuction Inc 213-430-5-960-03 $326,787.19 2025000015 Banner Associates Inc 213-430-5-960-03 $35.80 2025000017 Aspen Equipment Services LLC 213-431-5-970-02 $312,669.00 2025000022 Timmons Construction Inc 213-450-5-960-03 $242,765.79 2025000023 SD Dept Of Transportation 213-430-5-960-03 $53,931.03 2025000024 Banner Associates Inc 282-000-5-980-00 $3,109.15 2025000027 Timmons Construction Inc 213-430-5-960-03 $75,000.00 2025000029 Civil Design Inc 525-000-5-940-00 $1,170.00 2025000030 Muth Electric Inc 213-430-5-960-03 $5,250.00 2025000031 Rounds Construction Co. 213-430-5-960-03 $10,016.27 2025000031 Rounds Construction Co. 525-000-5-940-00 $17,429.10 2025000032 Muth Electric Inc 213-430-5-960-03 $1,950.00 2025000033 Banner Associates Inc 282-000-5-422-03 $16,324.50 2025000034 Banner Associates Inc 213-450-5-970-03 $4,690.75 2025000034 Banner Associates Inc 213-450-5-960-03 $2,207.40 2025000035 Timmons Construction Inc 213-450-5-970-03 $215,963.46 2025000035 Timmons Construction Inc 213-450-5-960-03 $101,629.87 2025000036 Brockhouse, Jerimiah 213-430-5-960-03 $63,470.22 Total $1,617,053.50 Account Number Description Adopted Budget Adjustments New Budget 101-430-5-422-03 Consulting/Engineering 10,750.00$ 713.50$ 11,463.50$ 213-430-5-960-03 Infrastructure Maintenance 3,795,599.00$ 590,143.84$ 4,385,742.84$ 213-431-5-970-02 Equipment 937,500.00$ 312,669.00$ 1,250,169.00$ 213-450-5-960-03 Infrastructure Maintenance 250,000.00$ 354,393.39$ 604,393.39$ 213-450-5-970-03 Facilities 1,074,602.00$ 220,654.21$ 1,295,256.21$ 282-000-5-422-03 Consulting/Engineering 60,900.00$ 36,064.20$ 96,964.20$ 282-000-5-980-00 Storm Sewer Improvements 859,379.00$ 55,219.48$ 914,598.48$ 514-000-5-429-09 Other Project Expenses -$ 10,786.23$ 10,786.23$ 525-000-5-940-00 Other Capital -$ 18,599.10$ 18,599.10$ 534-000-5-422-03 Consulting & Engineering -$ 17,810.55$ 17,810.55$ Total 1,617,053.50$ Schedule B: Budget Adjustments Schedule A: Purchase orders 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 26-004,Version:1 Action on Resolution 26-004, a Resolution Amending the Consolidated Fee Schedule. Summary and Recommended Action: Staff recommends approval of the proposed Resolution to amend the 2026 Consolidated Fee Schedule. These updates reflect the addition of fees and related right-of-way permitting compliance, the creation of a new licensing category and the removal of fees in response to ordinance changes. Attachments: Memo Resolution City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director; John Thompson, Public Works Director Council Meeting: January 27, 2026 Subject: Resolution 26-004: Consolidated Fee Schedule Amendment Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of the proposed Resolution to amend the 2026 Consolidated Fee Schedule. These updates reflect the addition of fees and related right-of-way permitting compliance, the creation of a new licensing category and the removal of fees in response to ordinance changes. Item Details: This amendment to the Consolidated Fee Schedule includes the following changes: Public Works 1. Right-of-Way Work Permit and Compliance Fees To ensure accountability and proper oversight for work conducted in the public right-of-way, the City is implementing a formal Right-of-Way Work Permit process. The proposed fees are:  Work Permit Fee: $35.00  No Permit Obtained – 1st Offense: $250.00  No Permit Obtained – 2nd Offense: $500.00  No Permit Obtained – 3rd and Subsequent Offenses: $1,000.00 2. Excavator License A new license classification is being added for excavators working within the city Right-of-Way. Although a license is required, no fee is being assessed at this time. Excavator licenses will not be required for work on private properties. Community Development 1. Removal of Plumbing Contractor License Fees In alignment with a forthcoming ordinance that removes plumbing licensing requirements from the Municipal Code, the fee schedule is being updated to eliminate both the initial and renewal fees for plumbing contractor licenses. Legal Consideration: This fee schedule update accompanies updates to the Municipal Code and reflects the City’s authority to assess or waive fees as allowed by ordinance and policy. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: The implementation of right-of-way fees will support administrative and inspection costs related to public infrastructure work. While no revenue is projected for the new excavator license at this time, this category is being established for future use. The removal of plumbing contractor fees aligns with a pending repeal of the related code provisions. Supporting Documentation: Resolution RESOLUTION 26-004 RESOLUTION AMENDING THE CONSOLIDATED FEE SCHEDULE W HEREAS, the adopted Municipal Code and City Policies make references to fees charged; and W HEREAS, it is prudent that the fees be reviewed for cost effectiveness. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby adopts the following amendment to the Consolidated Fee Schedule Public Works Right-of-Way Work Permit $35.00 No permit obtained – 1st offense $250.00 No permit obtained – 2nd offense $500.00 No permit obtained – 3rd and subsequent offenses $1,000.00 Excavator License Fee W aived Community Development Plumbing Contractor License Remove Fee Each annual Renewal Remove Fee Passed and Approved this 27th day of January, 2026. 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 26-013,Version:1 Action on Resolution 26-013, a Resolution Establishing the 2026 Fees for Parks, Recreation, Forestry, and Edgebrook Golf Course. Summary and Recommended Action: Staff recommends approval of the proposed Resolution to establish the 2026 fee schedule for Parks, Recreation, Forestry, and Edgebrook Golf Course. The proposed fees are based on a combination of third-party cost of service study recommendations, citizen board feedback and approval, program evaluation, operational needs, and peer community comparisons. These fees are scheduled to take effect upon adoption. Attachments: Memo Resolution Exhibit A (2026 Fees - clean) Exhibit B (2026 Fees - marked) City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director; John Thompson, Public Works Director Council Meeting: January 27, 2026 Subject: Resolution 26-013: Parks, Recreation, Forestry, and Edgebrook Golf Course 2026 Fees. Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of the proposed Resolution to establish the 2026 fee schedule for Parks, Recreation, Forestry, and Edgebrook Golf Course. The proposed fees are based on a combination of third-party cost of service study recommendations, program evaluation, operational needs, and peer community comparisons. These fees are scheduled to take effect upon adoption. Item Details: Each year, staff reviews fees associated with recreational programming, facility rentals, memberships, and services offered through the Parks, Recreation, and Forestry Department and Edgebrook Golf Course. The goals of this review are to ensure:  Continued affordability and accessibility  Equity in cost recovery based on user group and service type  Consistency with policies and market standards The 2026 fee schedule includes updates across multiple categories including various shelter and facility rentals and golf course fees. The proposed Resolution also removes youth and adult programming fees from the Consolidated Fee Schedule to allow flexibility for department leadership to determine, administer, and communicate those fees as necessary due to high variable costs and variety of programming. Please review Exhibits A and B for detailed information regarding the 2026 Parks, Recreation, Forestry, and Edgebrook Golf Course Fee Schedule. Legal Consideration: Fees are adopted annually and as needed by resolution in accordance with City Code and administrative policy. This resolution enables formal approval and public notice of the 2026 fee structure. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service.  Safe, Inclusive and Connected Community - Financial Consideration: Fees are a key component of the City’s cost recovery strategy for recreation services. These adjustments are expected to support continued delivery of valued community services without excessive reliance on General Fund subsidies. Supporting Documentation: Resolution Exhibit A (2026 Fees – clean) Exhibit B (2026 Fees – marked) RESOLUTION 26-013 A RESOLUTION ESTABLISHING THE 2026 FEES FOR PARKS, RECREATION, FORESTRY, AND EDGEBROOK GOLF COURSE WHEREAS, the City of Brookings provides a wide range of recreational programs, services, and facilities to enhance the quality of life for residents and visitors; and WHEREAS, it is necessary to establish fees annually to ensure the effective delivery of these services, to promote equitable cost recovery, and to align with operational needs; and WHEREAS, the Parks and Recreation Department and Edgebrook Golf Course have prepared a comprehensive schedule of fees for 2026 based on program evaluations, market comparisons, and policy guidance; and WHEREAS, the City Council desires to adopt said fees. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Brookings, South Dakota, that: 1. The 2026 fee schedule for Parks, Recreation, Forestry, and Edgebrook Golf Course, as outlined in the attached Exhibit A, is hereby approved and adopted. 2. These fees shall become effective upon adoption and remain in effect until amended or repealed by future Council action. 3. The Parks, Recreation, and Forestry Department is authorized to publish and implement the adopted fees and to administer labor, equipment, renta ls, and facility access in accordance with this resolution. 4. Fees for specific recreational programs not be listed in the Consolidated Fee Schedule due to high variable costs, and will be determined, administered, and communicated by the Parks, Recreation, and Forestry Department as necessary. Passed and Approved this 27th day of January, 2026. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________________ Bonnie Foster, City Clerk Fee Description Resolution Code Fee Amount Proposed Notes Parks Maintenance Fees Labor (Non-DED/EAB) (Per Hour) 24-097 $ 60.00 $ 60.00 Small Equipment (Per Hour)24-097 $ 25.00 $ 25.00 Large Equipment (Per Hour) 24-097 $ 75.00 $ 75.00 Weed Control (Plus Contractor Cost) 24-097 Sec. 62-89 $ 65.00 $ 65.00 Mowing (First Hour)24-097 Sec. 62-89 $ 150.00 $ 150.00 Each Additional Hour or Fraction (under .5 acres)24-097 Sec. 62-89 $ 85.00 $ 85.00 Each Additional Hour Large Area (.5 acres +)24-097 Sec. 62-89 $ 125.00 $ 125.00 Sidewalk Snow Removal (First Offense) Per Hour Per Piece 24-097 Sec. 74-213 $ 125.00 $ 125.00 Sidewalk Snow Removal (Second Offense) Per Hour Per 24-097 Sec. 74-213 $ 175.00 $ 175.00 Restroom Stocking & Cleaning 24-097 Sec. 62-45 $ 50.00 $ 50.00 Aerial Bucket Plus 2 Employees (Per Hour) 24-097 Sec. 62-170 $ 160.00 $ 160.00 Loader Plus 1 Employee (Per Hour) 24-097 Sec. 62-170 $ 130.00 $ 130.00 Trucks Plus 1 Employee (Per Hour) 24-097 Sec. 62-170 $ 90.00 $ 90.00 Chipper Plus 1 Employee (Per Hour) 24-097 Sec. 62-170 $ 90.00 $ 90.00 Chainsaw/Miscellaneous Equipment Plus 1 Employee (Per 24-097 Sec. 62-170 $ 70.00 $ 70.00 Labor (Per Hour)24-097 Sec. 62-170 $ 75.00 $ 75.00 Extra Garbage Cans 24-097 Sec. 62-45 $ 20.00 $ 20.00 Picnic Table Rental (Per Day)24-097 Sec. 62-45 $ 25.00 $ 25.00 Three (3) Row Bleacher Rental (Per Day) 24-097 Sec. 62-45 $ 50.00 $ 50.00 Portable Stage 24-097 Sec. 62-45 $ 150.00 $ 150.00 No Setup (e.g. Chalking, Lining, etc.)24-097 Sec. 62-45 $ 25.00 $ 25.00 per hour rate Initial setup and first hour of play 24-097 Sec. 62-45 $ 75.00 $ 100.00 for first hour, then $25 per hour after Additional Setup (e.g. Chalking, Lining, etc.) 24-097 Sec. 62-45 $ 35.00 $ 50.00 increased due to material and staffiing costs After Hours Call In (not acts of god)24-097 Sec. 62-45 $ 65.00 $ 75.00 Before 7 AM and after 3 PM and weekends/holidays Per Game/practice with use of stands and/or press box 24-097 Sec. 62-45 325.00$ 300.00$ Reduced due to material and staffiing costs Bob Shelden Field Rental - Per Game - SDSU College Baseball 24-097 Sec. 62-45 250.00$ 250.00$ No longer needed due to SDSU Field Construction Per Game/practice with no stands and/or press box 24-097 Sec. 62-45 100.00$ 150.00$ Increased due to staffing/material costs Special Event, per hour (non-play events; senior photos)24-097 Sec. 62-45 25.00$ 25.00$ Penalty/Deposit - Tobacco, Seeds, Gum 24-097 Sec. 62-45 250.00$ 250.00$ No Lining (Per Hour, Per Field) 24-097 Sec. 62-45 $ 25.00 $ 25.00 One Lining Per Field (First Hour) 24-097 Sec. 62-45 $ 100.00 $ 100.00 Each Additional Field Hour 24-097 Sec. 62-45 $ 25.00 $ 25.00 Additional Field Lining 24-097 Sec. 62-45 $ 120.00 $ 100.00 reduced - in line with other lining fees Individual 24-097 Sec. 62-45 $ 70.00 $ 70.00 Family of Three (3) 24-097 Sec. 62-45 $ 160.00 $ 160.00 Additional Family 24-097 Sec. 62-45 $ 25.00 $ 25.00 Daily Admission 24-097 Sec. 62-45 $ 7.00 $ 7.00 Discount Cards 24-097 Sec. 62-45 $ 63.00 $ 63.00 After Hours Rental (per hour, 2 hour min.) $ 250.00 added to fee structure Party Pad Rental (requires daily entry) $ 30.00 $ 30.00 Non-Profit Rental Rate (Per Hour) 24-097 Sec. 62-45 $ 140.00 removed - duplicate Rental Rate (Per Hour) 24-097 Sec. 62-45 $ 140.00 $ 150.00 increased due to operational costs Non-Groomed Ice 24-097 Sec. 62-45 $ 100.00 $ 100.00 Dryland Training 24-097 Sec. 62-45 $ 60.00 $ 50.00 reduced Daily Admission - Open Skate 24-097 Sec. 62-45 $ 5.00 $ 5.00 Punch Card 24-097 Sec. 62-45 $ 45.00 $ 45.00 Skate/Helmet Rental 24-097 Sec. 62-45 $ 5.00 $ 5.00 Skate Sharpening 24-097 Sec. 62-45 $ 5.00 $ 5.00 Adult Hockey 24-097 Sec. 62-45 $ 10.00 $ 10.00 Sand Volleyball League 24-097 Sec. 62-45 $ 60.00 Adult Kickball League 24-097 Sec. 62-45 $ 60.00 Fall Women's Volleyball 24-097 Sec. 62-45 $ 165.00 Winter Women's Volleyball 24-097 Sec. 62-45 $ 165.00 Both Volleyball Sessions 24-097 Sec. 62-45 $ 305.00 Coed Volleyball 24-097 Sec. 62-45 $ 205.00 Basketball 24-097 Sec. 62-45 $ 205.00 Fall Open Volleyball (Team)24-097 Sec. 62-45 $ 165.00 Winter Open Volleyball (Team) 24-097 Sec. 62-45 $ 165.00 Adult Leagues Remove - Recreation Programs are not listed due to high variable costs Proposed Parks, Recreation and Forestry Rates Larson Ice Center Remove - we do not rent out this equipment Bob Shelden Rental Rates DED, EAB Removal/BMU Line Clearance Equipment Rental Rates Ball Field Rental Rates Fishback Soccer Park Rental Rates Hillcrest Aquatic Center Season Pass Community Gardens (Per Season)24-097 Sec. 62-45 $ 50.00 $ 40.00 reduced 5th Street Court Rentals (Per Hour) 24-097 Sec. 62-45 $ 25.00 $ 20.00 Previously it was an 1.5 hour rental Sexauer Volleyball Courts (Per Court, Per Day)24-097 Sec. 62-45 $ 25.00 Combine with outdoor court below Mini Golf 24-097 Sec. 62-45 $ 150.00 Never rented out Disc Golf Course (Per Day) 24-097 Sec. 62-45 $ 200.00 $ 200.00 Exclusive use of the park for a tournament Horseshoe Pits (Per Day)24-097 Sec. 62-45 $ 50.00 Outdoor Court Rentals (Per Court, Per Hour) 24-097 Sec. 62-45 $ 10.00 $ 5.00 reduced Replacement Costs - Damaged or missing line markers, 24-097 Sec. 62-45 $ 65.00 $ 100.00 Directly related to item cost Small All Day (Hillcrest B, Lions)24-097 Sec. 62-45 $ 30.00 $ 40.00 Added Lions Park Large All Day (Hillcrest A, D, E, Moriarty, Pioneer, Nature 24-097 Sec. 62-45 $ 40.00 $ 50.00 Added Nature Park Band Shell 24-097 Sec. 62-45 $ 40.00 $ 60.00 Nature Center Grounds (Per Day) * With Building Rental 24-097 Sec. 62-45 $ 200.00 $ 200.00 Classroom (Per Hour) 24-097 Sec. 62-45 $ 50.00 $ 60.00 Atrium (Per Hour) 24-097 Sec. 62-45 $ 75.00 $ 100.00 Sunroom/Porch (Per Hour) 24-097 Sec. 62-45 $ 50.00 $ 60.00 Building (Per Hour) 24-097 Sec. 62-45 $ 100.00 $ 200.00 Equipment Rental (2 Hours) - Kayaks, Bikes, Paddleboards 24-097 Sec. 62-45 $ 7.00 $ 10.00 reduced per hour fee Special Event Package 24-097 Sec. 62-45 $ 500.00 $ 550.00 Deluxe Event Package 24-097 Sec. 62-45 $ 800.00 $ 900.00 Activity Center - All-Inclusive Membership (Per Year) 24-097 $ 45.00 $ 45.00 Activity Center - Newsletter Membership (Per Year) (+$10 24-097 $ 15.00 $ 15.00 Activity Center - Community Room with Kitchen (4 Hours or 24-097 Sec. 62-45 $ 150.00 $ 200.00 Activity Center - Community Room with Kitchen (Full Day) 24-097 Sec. 62-45 $ 200.00 $ 300.00 Activity Center - Community Room No Kitchen (4 Hours or 24-097 Sec. 62-45 $ 100.00 $ 150.00 Activity Center - Community Room No Kitchen (Full Day) 24-097 Sec. 62-45 $ 150.00 $ 200.00 Activity Center - Setup Fee - Night Before 24-097 Sec. 62-45 $ 25.00 $ 25.00 Camp Site with Electricity 24-097 Sec. 62-45 $ 30.00 $ 30.00 Tent Camping Area - No Electricity 24-097 Sec. 62-45 $ 15.00 $ 15.00 Non-camping dumping/fill fee $ 10.00 New Fee Red Cross Lessons - Early Bird 24-097 Sec. 62-45 $ 35.00 Wee Waders - Early Bird 24-097 Sec. 62-45 $ 35.00 Junior Lifeguarding - Early Bird 24-097 Sec. 62-45 $ 40.00 Aqua Aerobics - Early Bird 24-097 Sec. 62-45 $ 25.00 Junior Tennis Academy - Early Bird 24-097 Sec. 62-45 $ 33.00 Adult Tennis Lessons - Early Bird 24-097 Sec. 62-45 $ 45.00 Tee Ball - Early Bird 24-097 Sec. 62-45 $ 35.00 Kickstart Soccer - Early Bird 24-097 Sec. 62-45 $ 27.00 Fishin' Fridays - Early Bird 24-097 Sec. 62-45 $ 35.00 Kayaking Class - Early Bird 24-097 Sec. 62-45 $ 36.00 30 Minutes - Early Bird 24-097 Sec. 62-45 $ 30.00 45 Minutes - Early Bird 24-097 Sec. 62-45 $ 40.00 60 Minutes - Early Bird 24-097 Sec. 62-45 $ 50.00 Red Cross Lessons 24-097 Sec. 62-45 $ 41.00 Wee Waders 24-097 Sec. 62-45 $ 41.00 Junior Lifeguarding 24-097 Sec. 62-45 $ 46.00 Aqua Aerobics 24-097 Sec. 62-45 $ 31.00 Junior Tennis Academy 24-097 Sec. 62-45 $ 95.00 Adult Tennis Lessons 24-097 Sec. 62-45 $ 40.00 Tee Ball 24-097 Sec. 62-45 $ 40.00 Kickstart Soccer 24-097 Sec. 62-45 $ 40.00 Fishin' Fridays 24-097 Sec. 62-45 $ 60.00 Kayaking Class 24-097 Sec. 62-45 $ 50.00 30 Minutes 24-097 Sec. 62-45 $ 35.00 45 Minutes 24-097 Sec. 62-45 $ 40.00 60 Minutes 24-097 Sec. 62-45 $ 42.00 Recreation Programs Learn to Skate Learn to Skate Reservations Picnic Shelter Reservations Larson Nature Center Activity Center Camping Fee Description Resolution Code Fee Amount Proposed Parks Maintenance Fees Labor (Non-DED/EAB) (Per Hour) 24-097 $ 60.00 $ 60.00 Small Equipment (Per Hour)24-097 $ 25.00 $ 25.00 Large Equipment (Per Hour) 24-097 $ 75.00 $ 75.00 Weed Control (Plus Contractor Cost) 24-097 Sec. 62-89 $ 65.00 $ 65.00 Mowing (First Hour)24-097 Sec. 62-89 $ 150.00 $ 150.00 Each Additional Hour or Fraction (under .5 acres)24-097 Sec. 62-89 $ 85.00 $ 85.00 Each Additional Hour Large Area (.5 acres +)24-097 Sec. 62-89 $ 125.00 $ 125.00 Sidewalk Snow Removal (First Offense) Per Hour Per Piece 24-097 Sec. 74-213 $ 125.00 $ 125.00 Sidewalk Snow Removal (Second Offense) Per Hour Per 24-097 Sec. 74-213 $ 175.00 $ 175.00 Restroom Stocking & Cleaning 24-097 Sec. 62-45 $ 50.00 $ 50.00 Aerial Bucket Plus 2 Employees (Per Hour) 24-097 Sec. 62-170 $ 160.00 $ 160.00 Loader Plus 1 Employee (Per Hour) 24-097 Sec. 62-170 $ 130.00 $ 130.00 Trucks Plus 1 Employee (Per Hour) 24-097 Sec. 62-170 $ 90.00 $ 90.00 Chipper Plus 1 Employee (Per Hour) 24-097 Sec. 62-170 $ 90.00 $ 90.00 Chainsaw/Miscellaneous Equipment Plus 1 Employee (Per 24-097 Sec. 62-170 $ 70.00 $ 70.00 Labor (Per Hour)24-097 Sec. 62-170 $ 75.00 $ 75.00 No Setup (e.g. Chalking, Lining, etc.)24-097 Sec. 62-45 $ 25.00 $ 25.00 Initial setup and first hour of play 24-097 Sec. 62-45 $ 75.00 $ 100.00 Additional Setup (e.g. Chalking, Lining, etc.) 24-097 Sec. 62-45 $ 35.00 $ 50.00 After Hours Call In (not acts of god)24-097 Sec. 62-45 $ 65.00 $ 75.00 Per Game/practice with use of stands and/or press box 24-097 Sec. 62-45 325.00$ 300.00$ Per Game/practice with no stands and/or press box 24-097 Sec. 62-45 100.00$ 150.00$ Special Event, per hour (non-play events; senior photos)24-097 Sec. 62-45 25.00$ 25.00$ Penalty/Deposit - Tobacco, Seeds, Gum 24-097 Sec. 62-45 250.00$ 250.00$ No Lining (Per Hour, Per Field) 24-097 Sec. 62-45 $ 25.00 $ 25.00 One Lining Per Field (First Hour) 24-097 Sec. 62-45 $ 100.00 $ 100.00 Each Additional Field Hour 24-097 Sec. 62-45 $ 25.00 $ 25.00 Additional Field Lining 24-097 Sec. 62-45 $ 120.00 $ 100.00 Individual 24-097 Sec. 62-45 $ 70.00 $ 70.00 Family of Three (3) 24-097 Sec. 62-45 $ 160.00 $ 160.00 Additional Family 24-097 Sec. 62-45 $ 25.00 $ 25.00 Daily Admission 24-097 Sec. 62-45 $ 7.00 $ 7.00 Discount Cards 24-097 Sec. 62-45 $ 63.00 $ 63.00 After Hours Rental (per hour, 2 hour min.) $ 250.00 Party Pad Rental (requires daily entry) $ 30.00 $ 30.00 Rental Rate (Per Hour) 24-097 Sec. 62-45 $ 140.00 $ 150.00 Non-Groomed Ice 24-097 Sec. 62-45 $ 100.00 $ 100.00 Dryland Training 24-097 Sec. 62-45 $ 60.00 $ 50.00 Daily Admission - Open Skate 24-097 Sec. 62-45 $ 5.00 $ 5.00 Punch Card 24-097 Sec. 62-45 $ 45.00 $ 45.00 Skate/Helmet Rental 24-097 Sec. 62-45 $ 5.00 $ 5.00 Skate Sharpening 24-097 Sec. 62-45 $ 5.00 $ 5.00 Community Gardens (Per Season)24-097 Sec. 62-45 $ 50.00 $ 40.00 5th Street Court Rentals (Per Hour) 24-097 Sec. 62-45 $ 25.00 $ 20.00 Disc Golf Course (Per Day) 24-097 Sec. 62-45 $ 200.00 $ 200.00 Horseshoe Pits (Per Day)24-097 Sec. 62-45 $ 50.00 $ 50.00 Outdoor Court Rentals (Per Court, Per Hour) 24-097 Sec. 62-45 $ 10.00 $ 5.00 Replacement Costs - Damaged or missing line markers, 24-097 Sec. 62-45 $ 65.00 $ 100.00 Small All Day (Hillcrest B, Lions)24-097 Sec. 62-45 $ 30.00 $ 40.00 Large All Day (Hillcrest A, D, E, Moriarty, Pioneer, Nature 24-097 Sec. 62-45 $ 40.00 $ 50.00 Band Shell 24-097 Sec. 62-45 $ 40.00 $ 60.00 Nature Center Grounds (Per Day) * With Building Rental 24-097 Sec. 62-45 $ 200.00 $ 200.00 Classroom (Per Hour) 24-097 Sec. 62-45 $ 50.00 $ 60.00 Atrium (Per Hour) 24-097 Sec. 62-45 $ 75.00 $ 100.00 Sunroom/Porch (Per Hour) 24-097 Sec. 62-45 $ 50.00 $ 60.00 Building (Per Hour) 24-097 Sec. 62-45 $ 100.00 $ 200.00 Equipment Rental (2 Hours) - Kayaks, Bikes, Paddleboards 24-097 Sec. 62-45 $ 7.00 $ 10.00 Special Event Package 24-097 Sec. 62-45 $ 500.00 $ 550.00 Deluxe Event Package 24-097 Sec. 62-45 $ 800.00 $ 900.00 Activity Center - All-Inclusive Membership (Per Year) 24-097 $ 45.00 $ 45.00 Activity Center - Newsletter Membership (Per Year) (+$10 24-097 $ 15.00 $ 15.00 Activity Center - Community Room with Kitchen (4 Hours or 24-097 Sec. 62-45 $ 150.00 $ 200.00 Activity Center - Community Room with Kitchen (Full Day) 24-097 Sec. 62-45 $ 200.00 $ 300.00 Activity Center - Community Room No Kitchen (4 Hours or 24-097 Sec. 62-45 $ 100.00 $ 150.00 Activity Center - Community Room No Kitchen (Full Day) 24-097 Sec. 62-45 $ 150.00 $ 200.00 Activity Center - Setup Fee - Night Before 24-097 Sec. 62-45 $ 25.00 $ 25.00 Camp Site with Electricity 24-097 Sec. 62-45 $ 30.00 $ 30.00 Tent Camping Area - No Electricity 24-097 Sec. 62-45 $ 15.00 $ 15.00 Non-camping dumping/fill fee $ 10.00 DED, EAB Removal/BMU Line Clearance Ball Field Rental Rates Bob Shelden Rental Rates Proposed Parks, Recreation and Forestry Rates Picnic Shelter Reservations Larson Nature Center Activity Center Camping Fishback Soccer Park Rental Rates Hillcrest Aquatic Center Season Pass Larson Ice Center Reservations Fee Description Early Bird *CIP Fee Early Bird Total Regular CIP Fee Regular Total Unlimited Golf Youth (ages 18 and under) 130.00$ 40.00$ 170.00$ 150.00$ 40.00$ 190.00$ Young Adult (ages 19-25)350.00$ 40.00$ 390.00$ 375.00$ 40.00$ 415.00$ Individual 600.00$ 40.00$ 640.00$ 675.00$ 40.00$ 715.00$ Couple 800.00$ 40.00$ 840.00$ 900.00$ 40.00$ 940.00$ Family 900.00$ 40.00$ 940.00$ 1,000.00$ 40.00$ 1,040.00$ Cart Membership Cart Membership (Half-Cart Individual)375.00$ 375.00$ 420.00$ 420.00$ Cart Membership (Full Cart Couples/Family)475.00$ 475.00$ 535.00$ 535.00$ Trail Fee - Private Carts 275.00$ 275.00$ 300.00$ 300.00$ Punch Cards (10 Punches) Green Fee - 9 Hole Rounds 180.00$ 180.00$ Green Fee - 18 Hole Rounds 270.00$ 270.00$ Cart Fee - 9 Hole Rounds 126.00$ 126.00$ Cart Fee - 18 Hole Rounds 180.00$ 180.00$ Green Fees Short Course (Par 3) 10.00$ 10.00$ 9 Holes 20.00$ 3.00$ 22.00$ 18 Holes 30.00$ 6.00$ 34.00$ Cart Fees 9 Holes (per rider) 14.00$ 14.00$ 18 Holes (per rider)20.00$ 20.00$ Driving Range Bucket of Range Balls 7.00$ 7.00$ Add on to membership - Individual 160.00$ 160.00$ Add on to membership - Couples/Family 215.00$ 215.00$ 10% off all Military and/or Seniors (60 and older) During Construction Greens Fees 18 Holes - $25 Greens Fees 9 Holes - $15 2026 Fee Schedule - Edgebrook Golf Course Fee Description Early Bird *CIP Fee Early Bird Total Regular CIP Fee Regular Total Unlimited Golf Youth (ages 18 and under) 130.00$ 40.00$ 170.00$ 150.00$ 40.00$ 190.00$ Young Adult (ages 19-25)350.00$ 40.00$ 390.00$ 375.00$ 40.00$ 415.00$ Individual 600.00$ 40.00$ 640.00$ 675.00$ 40.00$ 715.00$ Couple 800.00$ 40.00$ 840.00$ 900.00$ 40.00$ 940.00$ Family 900.00$ 40.00$ 940.00$ 1,000.00$ 40.00$ 1,040.00$ Cart Membership Cart Membership (Half-Cart Individual)375.00$ 375.00$ 420.00$ 420.00$ Cart Membership (Full Cart Couples/Family)475.00$ 475.00$ 535.00$ 535.00$ Trail Fee - Private Carts 275.00$ 275.00$ 300.00$ 300.00$ Punch Cards (10 Punches) Green Fee - 9 Hole Rounds 180.00$ 180.00$ Green Fee - 18 Hole Rounds 270.00$ 270.00$ Cart Fee - 9 Hole Rounds 126.00$ 126.00$ Cart Fee - 18 Hole Rounds 180.00$ 180.00$ Green Fees Short Course (Par 3) 10.00$ 10.00$ 9 Holes 20.00$ 3.00$ 22.00$ 18 Holes 30.00$ 6.00$ 34.00$ Cart Fees 9 Holes (per rider) 14.00$ 14.00$ 18 Holes (per rider)20.00$ 20.00$ Driving Range Bucket of Range Balls 7.00$ 7.00$ Add on to membership - Individual 160.00$ 160.00$ Add on to membership - Couples/Family 215.00$ 215.00$ 10% off all Military and/or Seniors (60 and older) During Construction Greens Fees 18 Holes - $25 Greens Fees 9 Holes - $15 2026 Fee Schedule - Edgebrook Golf Course 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 26-014,Version:1 Action on Resolution 26-014, a Resolution Authorizing the Transfer of Real Property to Brookings Regional Humane Society for the Purpose of Public, Charitable, or Humanitarian Purposes. Summary and Recommended Action: The Brookings Regional Humane Society is requesting the conveyance of 2.5 acres of City-owned property on Prince Drive to support the construction of a facility. Staff recommends approval of the no-cost land conveyance, subject to a 10-year reversionary clause, as a strategic investment that advances the City’s long-standing partnership and supports essential community services. Attachments: Memo Resolution Gifting Agreement Property Location Map City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul Briseno, City Manager Council Meeting: January 27, 2026 Subject: Resolution 26-014: Transfer of Real Property to Brookings Humane Society Presenter: Paul Briseno, City Manager Summary: The Brookings Regional Humane Society is requesting the conveyance of 2.5 acres of City-owned property on Prince Drive to support the construction of a facility. Staff recommends approval of the no-cost land conveyance, subject to a 10-year reversionary clause, as a strategic investment that advances the City’s long-standing partnership and supports essential community services. Background: In July 2018, the Brookings Regional Humane Society (BRHS) Task Force presented the City Council with a report highlighting the need for additional space and long-term capital investment to address community animal welfare needs. Since that time, the City of Brookings and the BRHS have maintained a formal partnership through an annual services agreement administered by the Police Department to support animal control and related services. Over the past seven years, City staff and representatives of the BRHS have met regularly to discuss operational and future capital needs. The BRHS long-term objective is to construct a new facility that will serve the needs of Brookings County for the foreseeable future, with a capital fundraising campaign anticipated to begin in 2026. The City owns approximately five acres of property on Prince Drive , zoned I-1. The BRHS Board has formally requested a donation of 2.5 acres located on the southern portion of the property to support construction of the proposed facility. Based on SDCL 6-13-2 the estimated value of the land ranges from $272,250 to $326,700. South Dakota Codified Law 6-5-2 authorizes municipalities to convey real property to nonprofit organizations. SDCL 6-13-1 allows cities to declare property surplus by resolution. The conveyance would include a reversionary clause requiring the property to revert to the City if the facility is not constructed within 10 years of the agreement’s execution. If approved, the city would continue to actively support the BRHS throughout the planning and development phases of the project. Staff recommends approval of the conveyance of the 2.5-acre parcel at no cost to the BRHS, subject to the stated reversionary condition, as a continuation of the City’s long-standing partnership and commitment to community services. Brookings Regional Humane Society Comments: Over the past three years, the Brookings Regional Humane Society (BRHS) has taken deliberate and responsible steps to plan for its long-term future as the only animal shelter serving Brookings County. As demand for services continues to grow, BRHS has focused first on planning, feasibility, and sustainability before advancing any specific proposals. BRHS has completed comprehensive assessments, including a facility needs assessment, financial analysis and a campaign planning study to assess community support, operational implications, and long-term affordability. The organization has retained professional campaign counsel, begun recruiting a volunteer capital campaign cabinet, and has already secured several early philanthropic commitments to support this planning work. The organization is currently operating with a working philanthropic goal and a longer- term ultimate vision that would be pursued in phases through the end of the decade. Consistent with best practices, BRHS plans to secure a significant portion of its philanthropic goal before any broader public fundraising or construction decisions would be considered. While all plans remain tentative and subject to appropriate review and approvals, this disciplined approach reflects BRHS’s commitment to transparency, fiscal responsibility, and thoughtful partnership with the City. We appreciate the organization’s proactive planning and ongoing collaboration as these conversations continue. Legal Consideration: None Strategic Plan Consideration: The recommended action supports the City Council’s Strategic Plan by advancing Fiscal Responsibility through the thoughtful use of City-owned land to support essential community services while protecting the City’s long-term interests through a reversionary clause. It also advances a Safe, Inclusive, Connected Community by supporting animal welfare services that contribute to public safety and quality of life. Additionally, this action aligns with Sustainability by strategically planning for a long- term facility that meets community needs without compromising the needs of future generations. Financial Consideration: Approximately 2.5 acres of real property is valued at $272,250 to $326,700. The proposal transfers the land at no cost as an initial contribution to the capital campaign. Supporting Documentation: Resolution Gifting Agreement Property Location Map RESOLUTION 26-014 A RESOLUTION AUTHORIZING THE TRANSFER OF REAL PROPERTY TO BROOKINGS REGIONAL HUMANE SOCIETY FOR THE PURPOSE OF PUBLIC, CHARITABLE, OR HUMANITARIAN PURPOSES. BE IT RESOLVED by the City Council of the City of Brookings, South Dakota , as follows: WHEREAS, the Brookings Regional Humane Society desires to acquire the following described property owned by the City of Brookings for the purpose of constructing a new animal welfare facility to serve the community: Approximately 2.5 acres, generally described as: LOT 3B, BLOCK 2 In the TELCAMP INDUSTRIAL ADDITION to the City of Brookings, Brookings County, South Dakota, thereof, and WHEREAS, the requested property consists of approximately 2.5 acres of City-owned land located on Prince Drive, generally described as the southern portion of the City’s approximately five-acre parcel zoned I-1, with the final legal description to be determined by survey; and WHEREAS, the Brookings Regional Humane Society is a nonprofit corporation organized for public, charitable, or humanitarian purposes within the City of Brookings, South Dakota; and WHEREAS, SDCL § 6-13-1 authorizes municipalities to declare municipal property surplus property; and WHEREAS, South Dakota Codified Law § 6-5-2 authorizes municipalities to convey surplus real property to nonprofit organizations for public, charitable, or humanitarian purposes; and WHEREAS, SDCL § 6-13-2 requires municipalities to obtain an appraisal of surplus property, which may be done by appointing three real property owners of the City to appraise the value of such property; and WHEREAS, it is in the best interests of the City of Brookings to support the continued provision of animal welfare services through the conveyance of said property at no cost, subject to appropriate conditions to protect the City’s interests; NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings determines that the above-described property is no longer necessary, useful, or suitable for the purpose for which it was acquired, and thus the City determines this to be surplus property; and B. That the City of Brookings convey title, at no cost, to approximately 2.5 acres of City- owned property on Prince Drive to the Brookings Regional Humane Society for public, charitable, or humanitarian purposes, subject to an option to purchase allowing the City to purchase the property from the Brookings Regional Humane Society for $1.00 if construction of the facility is not completed within ten (10) years of the execution of the conveyance agreem ent; and C. That the City of Brookings appoints Wade Price of Best Choice Real Estate, Kelan Bludorn of Best Choice Real Estate, and Ryan Krogman of Krogman & Company Real Estate as the three real property owners to appraise the value of the above- described property, and to file a report of the appraisal with the Clerk. D. That the Mayor, City Clerk, City Manager, and City Attorney are authorized to execute all documents and contracts necessary to effectuate the conveyance in accordance with this Resolution. Passed and Approved this 27th day of January, 2026. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk GIFTING AGREEMENT This Gifting Agreement for the Construction of a Humane Society (the “Agreement”) is made effective as of the date provided in Section 3.1, below, between the City of Brookings, a South Dakota municipal corporation (the “City”), and The Brookings Regional Humane Society, Inc., a South Dakota nonprofit corporation (“BRHS”). RECITALS A. BRHS is a non-profit corporation in the process of developing and constructing a new humane society facility (the “Project”). B. BRHS is raising funds for the Project through a capital campaign. C. The City owns a 5.5-acre parcel on Prince Drive (the “Property”). The City desires to gift the southern portion of the Property, approximately 2.5 acres in size, to BRHS as a contribution toward their Capital Campaign (the “Gifted Parcel”), pursuant to the terms, conditions, and specific purposes set forth herein. The parties believe the Gifted Parcel is an ideal location for the construction of the Project. D. BRHS desires to accept the Gifted Parcel, and desires to construct the Project on the Gifted Parcel. NOW, THEREFORE, in consideration of the mutual covenants and stipulations set forth in this Agreement, the parties agree as follows: Section One The City’s Contribution 1.1 Gifted Parcel. The City agrees to gift to BRHS, and BRHS agrees to accept, a gratuitous transfer of real property identified above as the “Gifted Parcel,” pursuant to the terms, conditions, and specific purposes set forth herein, with good and marketable title to the Gifted Parcel being vested in BRHS at Closing, subject to the Option to Purchase described in Section 4.2, below. This gift may be hereinafter referred to as the “City’s Contribution.” Section Two Purpose of the Gifted Parcel 2.1 The specific purpose of the transfer of the Gifted Parcel is to contribute toward the Project, with the Project to be located upon the Gifted Parcel. The specific improvements to the Gifted Parcel will be agreed upon in a separate Development Agreement between the City and BRHS. 2.2 BRHS agrees it must utilize the Gifted Parcel only for the Project. The City and BRHS desire to see the Project completed within ten years. In recognition of the City’s Contribution, BRHS agrees to use its best efforts to fund and construct the Project within ten years, and to construct the Project upon the Gifted Parcel, subject to the Option to Purchase described in Section 4.2, below. Gifting Agreement City of Brookings / BRHS 2 4905-3271-0792, v. 6 Section Three Term of Agreement 3.1 This Agreement will commence on the last to occur of the signing of this Agreement by the City Manager, the attestation of this Agreement by the City Clerk, the approval of this Agreement by ordinance or resolution adopted by the City Council, and the expiration of time, if any, within which the City Council’s approval of this Agreement may be challenged by referendum following the publishing of the City Council’s ordinance or resolution (the “Effective Date”), and will continue in full force and effect pursuant to the terms set forth herein, unless the Agreement is terminated earlier pursuant to the provisions contained herein. Section Four Terms and Conditions 4.1 The timeline and conditions for the City’s Contribution are as follows: 4.1.1 The City will convey the Gifted Parcel to BRHS at a date mutually agreed upon by the parties (the “Closing”). The City will appoint three real property owners of the City to determine the fair market value of the Gifted Parcel, which will be recorded as an in-kind contribution from the City to BRHS. 4.1.2 BRHS will enter into an agreement with a qualified design firm to develop design documents, construction documents, a schedule, and a budget for the Project. The parties agree that all other specifications will be set forth in the Development Agreement. 4.1.3 The City will, upon request by BRHS, facilitate a Development Review Team (DRT) meeting to evaluate site readiness, including such issues as utilities, zoning, access, stormwater, and similar issues relevant to development. The City will also provide general development guidance throughout the project regarding infrastructure and site. 4.1.4 The parties agree to the estimated following timeline: Construction of the Project is anticipated to begin in the Fall of 2031, with a substantial completion date in Summer 2032, and a final completion date of Fall 2032. For purposes of this Agreement, the term, “substantial completion” means that a certificate of occupancy has been issued by the City. If construction has not commenced by September 1, 2036, or substantial completion is not accomplished by April 1, 2037, and the parties are not able to agree upon an extension, the City may exercise its Option to Purchase, described in Section 4.2, below. 4.1.5 BRHS will provide, to the City, periodic written construction status reports as requested by the City, no less than monthly. 4.1.6 BRHS is responsible for all costs and management of construction on the Gifted Gifting Agreement City of Brookings / BRHS 3 4905-3271-0792, v. 6 Parcel. The City will provide advisory input and assistance only. BRHS construction requirements will be subject to the Development Agreement and any applicable zoning and other ordinances. 4.2 Option to Purchase. The Gifted Parcel will be conveyed subject to the Option to Purchase attached hereto as Exhibit B, which is incorporated herein by this reference (the “Option to Purchase”). A Memorandum of the Option to Purchase will be recorded at or immediately prior to Closing. 4.3 Closing Documents and Costs. Except as may be provided elsewhere in this Agreement, the City and BRHS agree to the following prorations and allocation of costs regarding this Agreement: 4.3.1 BRHS will pay the premium for any policy of title insurance on the Gifted Parcel it desires. 4.3.2 This transaction is exempt from real estate transfer fees pursuant to SDCL § 43-4- 22 (2). 4.3.3 Because the City is a political subdivision of the State of South Dakota, the Property is exempt from real property taxes. 4.3.3 All other closing costs for this transaction will be paid for by the City. 4.3.4. The City and BRHS will each pay their own attorneys’ fees in connection with the preparation and negotiation of this Agreement and the consummation of the transactions contemplated herein. 4.4 Possession of Property; Risk of Loss. Possession of the Gifted Parcel will be transferred on the date of Closing, at which time all risk of loss with respect to the Gifted Parcel will be transferred from the City to BRHS. Section Five Council Approval 5.1 Council Approval. Because the City’s Contribution contains a number of conditions, including declaring the Property surplus property, this Agreement and the conditions set forth herein must be approved by City Council. The parties recognize and agree City Council approval will be sought for this gift, but the Agreement will not be executed by or on behalf of the City, until such approval is obtained and becomes final. 5.2 Contingent Upon Funding. Notwithstanding any provision of this Agreement to the contrary, any financial obligation of the City, if any, under this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated, and otherwise made available. If funds are not budgeted or appropriated for any fiscal year for contribution under the terms of this Agreement, this Agreement will impose no obligation on the City for payment. This Agreement is null and void except as to any contribution herein agreed Gifting Agreement City of Brookings / BRHS 4 4905-3271-0792, v. 6 upon which has already been approved by City Council and for which funds have been budgeted and appropriated, and no right of action or damage may accrue to the benefit of BRHS, its successors, or assignees, for any further contributions. Section Six Indemnification, Covenants, and Warranties 6.1 BRHS agrees to defend, indemnify, and hold the City harmless from any and all claims or liabilities, including attorneys’ fees, arising out of the provisions of the City’s Contribution furnished to BRHS. BRHS covenants, warrants, and represents for the benefit of the City that BRHS is duly organized, validly existing, and in good standing under the laws of the State of South Dakota, and that the person executing this Agreement on behalf of BRHS is duly authorized to execute this Agreement and consummate the transaction contemplated hereby on behalf of the BRHS. Section Seven Default Remedies 7.1 A party will be in default if it breaches any of its obligations under this Agreement. In the event of a default, the other party will give to the party in default written notice of the default. If the party in default has not cured the default within 10 days of receipt of the notice of default, or commenced to cure and then proceed to complete the cure of the default within a reasonable period of time in the event the default is not capable of being cured within the 10 day period, then the party not in default may terminate this Agreement and seek any other remedy allowed under applicable laws or equity. Section Eight Notice 8.1 All notices, requests, demands or other communications required or permitted under this Agreement must be in writing and delivered either: (i) personally; (ii) by certified or registered mail, return receipt requested, postage prepaid; (iii) by a recognized overnight courier service (such as Fed Ex); or (iv) by email transmission made during normal business hours with a copy to follow by registered or certified mail, return receipt requested, postage prepaid or by overnight courier service, addressed as follows: If to City: City of Brookings Attn: Paul Briseno, City Manager 520 3rd St., Ste 230 Brookings, SD 57006 Email: pbriseno@cityofbrookings-sd.gov With a copy to: Woods, Fuller, Shultz & Smith P.C. Attn: J. Vincent Jones, City Attorney 300 S. Phillips Ave., Ste. 300 Sioux Falls, SD 57104 Gifting Agreement City of Brookings / BRHS 5 4905-3271-0792, v. 6 Email: vince.jones@woodsfuller.com If to BRHS: Brookings Regional Humane Society Attn: Brianna Johnson, Board President 120 W. 2nd St. S. Brookings, SD 57006 Email: braun.brianna@outlook.com With a copy to: Teesdale Law Office PLLC Attn: Tony Teesdale 423 8th St. S. Brookings, SD 57006 Email: tony@teesdalelaw.com The above parties or legal counsel may change their contact information at any time by giving to the other parties and legal counsel written notice of the updated contact information. Section Nine Miscellaneous Provisions 9.1 Governing Law/Venue/Jurisdiction. This Agreement will be governed by the laws of the State of South Dakota. Venue of any litigation will lie in Brookings County, South Dakota. 9.2 Entire Agreement. This Agreement, including any amendments to it, contains the entire agreement of the parties regarding the subject of this Agreement. This Agreement supersedes and replaces the terms of any prior agreement, oral or written, between the parties. 9.3 Headings. The headings contained in this Agreement are for convenience only and will not be used to interpret or construe its provisions. 9.4 Recitals Substantive. The Recitals set forth above are substantive to this Agreement and are incorporated into this Agreement as if fully set forth in this Section. 9.5 Amendment. This Agreement may not be amended or modified orally. Any amendment or modification will be valid only if agreed upon, in writing, by the parties. 9.6 Waiver. Any term or condition of this Agreement may be fully or partially waived only by a writing signed by the party which is entitled to benefit of the term or condition. 9.7 Severability. If any term, restriction, or covenant of this Agreement is deemed illegal or unenforceable, all remaining terms, restrictions, and covenants hereof will remain unaffected and in full force and effect. 9.8 Survival. All representations, warranties, covenants, and agreements, including but not limited to indemnification agreements, of the parties will survive: (a) the termination or the Gifting Agreement City of Brookings / BRHS 6 4905-3271-0792, v. 6 closing of the transactions contemplated in this Agreement; and (b) the delivery of the Warranty Deed described in this Agreement. 9.9 Assignment. Neither party may assign rights or delegate duties under this Agreement to any party. This Agreement will be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 9.10 Binding Effect. This Agreement is subject to final approval by resolution by the City Council of the City, as further set forth above. Thereafter, the provisions of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns as set forth in this Agreement. 9.11 Waiver of Jury Trial. The parties to this Agreement agree that any dispute arising out of or relating to this Agreement will be heard by a judge and not a jury. Each party knowingly, voluntarily, and intentionally waives any right they may have to a trial by jury in any legal proceeding arising out of or relating to this Agreement. 9.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original but all of which, when taken together, will be one and the same document. Counterparts may be signed and delivered via electronic mail (including by .pdf, .tif, .gif, .jpeg, or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) and any counterpart so delivered will be deemed to have been duly and validly delivered and be valid and effective for all purposes. [Signatures on Following Page] Gifting Agreement City of Brookings / BRHS 7 4905-3271-0792, v. 6 CITY OF BROOKINGS: BRHS: THE BROOKINGS REGIONAL HUMANE SOCIETY, INC. By: Paul Briseno, City Manager By: Brianna Johnson, its Board President ATTEST: Bonnie Foster, City Clerk Gifting Agreement City of Brookings / BRHS 8 4905-3271-0792, v. 6 EXHIBIT A Legal Description/Property Legal Description: TELKAMP INDUSTRIAL ADDITION, LOT 3B BLOCK 2 (2.51± ACRES) Drawing of Property is attached. Gifting Agreement City of Brookings / BRHS 4905-3271-0792, v. 6 EXHIBIT B Option to Purchase 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 26-008,Version:1 Action on Resolution 26-008, a Resolution selecting the Dacotah Bank Center or Wiese Property as the Site for the Future Brookings Police Department Facility. Summary and Recommended Action: The Brookings Police Department's public site evaluation process included many site examinations, public input, and the January 20th Council Study Session. Prior public presentations revealed community feedback related to traffic congestion, neighborhood and park impacts, future expansion needs, and proximity to schools, which were fully considered and incorporated into additional staff analysis. Staff refined and re-evaluated criteria to further emphasize risk avoidance, infrastructure readiness, and fiscal responsibility. Staff recommends that the Council take action to commence development of the Dacotah Bank Center or Wiese property as the location for the Brookings Police Department. Attachments: Memo Resolution Location Map City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul Briseno, City Manager Council Meeting: January 27, 2026 Subject: Resolution 26-008: Police Facility Site Determination Presenter: Paul Briseno, City Manager Summary: The Brookings Police Department's public site evaluation process included many site examinations, public input, and the January 20th Study Session. Prior public presentations revealed community feedback on traffic congestion, neighborhood and park impacts, future expansion needs, and proximity t o schools, which were fully considered and incorporated into the additional staff analysis. Staff refined and re- evaluated criteria to further emphasize risk avoidance, infrastructure readiness, and fiscal responsibility. Staff recommends the Council take action to commence development of the Dacotah Bank Center or Wiese site as the location for the Brookings Police Department. Background: In November, the City held a neighborhood presentation to discuss a potential location for a future Brookings Police Department facility, including the need for a new facility. Through this public engagement process, several consistent themes emerged, including concerns related to perceived traffic congestion, potential impacts to neighborhoods and parkland investments, long-term space for facility expansion, and proximity to schools. Community members also raised questions about police operations and unauthorized individuals, as well as the day-to-day functions of a police facility. The city carefully considered this feedback as part of a comprehensive re-evaluation of the 22 previously identified sites. Public input directly informed additional analysis and the re-evaluation criteria, emphasizing risk avoidance, site suitability, future growth capacity, infrastructure readiness, and minimizing unintended community and neighborhood impacts. Key requirements for a new police facility include a site of approximately 3.2 to 3.5 acres, adequate utilities, minimal environmental or development ris k, and the ability to accommodate future expansion. Fiscal responsibility was also a critical consideration, including opportunities to reduce overall project costs and limit long-term financial impacts to the City. Following the January 20th Study Session, during which the City Council considered all information presented, the Dacotah Bank Center or Wiese property is recommended by staff as the next location of the Brookings Police Department. The site, located east of Interstate 29 and north or east of the Marketplace Development, is the preferred site for the future Brookings Police Department facility. The Dacotah Bank Center or Wiese property best meets the established evaluation criteria, offers meaningful cost savings through the use of City-owned land, and balances public input, operational needs, and long-term value to the community. Establishing a satellite office within the downtown Fire Station, along with a sector-based patrol approach, directly responds to public input by improving law enforcement's visibility and accessibility while ensuring a balanced, community-focused police presence throughout the city. 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. Financial Consideration: The City has saved $18.5 million toward the estimated $25 million Fire and Police Facility project, and any additional costs would significantly increase long-term debt obligations and require future budget reductions. Supporting Documentation: Resolution Location Map RESOLUTION 26-008 A RESOLUTION SELECTING PROPERTY AS THE SITE FOR THE FUTURE BROOKINGS POLICE DEPARTMENT FACILITY. BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: WHEREAS, the City of Brookings has identified the need for a new Brookings Police Department facility to address space constraints, operational inefficiencies, and long - term public safety needs; and WHEREAS, City staff conducted a comprehensive evaluation of 22 potential sites for the facility, including consideration of site size, infrastructure availability, access, risk avoidance, future expansion capacity, neighborhood impacts, and fiscal responsibility; and WHEREAS, the City held public engagement meetings and study sessions to receive community input and review additional analysis informed by feedback; and WHEREAS, community input included concerns related to traffic congestion, neighborhood and park impacts, long-term growth needs, proximity to schools, and the operational function of a police facility, all of which were considered and incorporated into the site re-evaluation process; and WHEREAS, the City Council reviewed the refined analysis and evaluation criteria at the January 20th Study Session; and WHEREAS, the Dacotah Bank Center or Wiese property, located east of Interstate 29 and north or east of the Marketplace Development, is City-owned land which meets the required site criteria, supports future expansion, minimizes development risk, and provides meaningful cost savings to the City by avoiding land acquisition costs; and WHEREAS, selection of the Dacotah Bank Center or Wiese property aligns with the City’s goals related to fiscal responsibility, public safety, long-term sustainability, and efficient delivery of services. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. That City Council formally selects the Dacotah Bank Center property, located east of Interstate 29 and east of the Marketplace Development, as the site for the future Brookings Police Department facility; or B. That City Council formally selects the Wiese property, located east of Interstate 29 and north of the Marketplace Development, as the site for the future Brookings Police Department facility C. That City staff are directed to proceed with planning, design, and related actions necessary to advance development of the Brookings Police Department facility on the property selected, consistent with Council direction and future approvals. Passed and Approved this 27th day of January, 2026. 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 26-0032,Version:1 City of Brookings Progress Report. Summary: Samantha Beckman, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Progress Report City of Brookings Printed on 1/29/2026Page 1 of 1 powered by Legistar™ Progress Report January 2026 •Bathroom Remodel •Interactive Mystery Game •https://www.brookingslibrary.org/ Library OnBoardGOV Implementation City Clerk Public Works 2026 Projects •Street Maintenance Project •Street Overlay Projects •Concrete Maintenance Project •Sidewalk Maintenance Project •22nd Ave & 20th St S Intersection Widening •Drainage Projects •Master Transportation Plan •Airport –Snow Equipment Building Engineering Division •Community Policing o Christmas, Kids & Cops Event o Create with a Cop o Hockey o Breakfast with Badges •SDSU Interim Duties Police Public Works 2026 Projects •E-Waste Recycling Program •Solid Waste Master Plan o Route Optimization Study o GPS Software o Permitting for Future Landfill 2026 Purchases •Landfill Excavator Solid Waste Division •Winter Projects o Golf Course Clubhouse o Arts Council •Activity Center •Larson Ice Center •Frost Fest: February 13-16 o https://visitbrookingssd.com/frostfest/ •Call for Volunteers o Wall that Heals June 11-14 o Phone: 605-692-2708 Parks, Recreation & Forestry Public Works 2026 Projects •Incorporate New Technologies o Dashcams o Mosquito Control •Winter Operations Updates 2026 Purchases •Replacement of Existing Equipment o Regenerative Air Sweeper o Articulating Wheeled Loader o 1 Ton Pickup with Line Striper o Crew Cab Pickup Street Division Dacotah Bank Center •7 Events in December o Eastern SD Shootout o Dakota Territory Gun Show o Tri-Company Dart Tournament •Upcoming Events o Ian Munsick –March 6 o Dwight Yoakam & ZZ Top: Dos Amigos Tour –March 26 o 38 Special –April 16