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Home My WebLink About2026_02_10 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, February 10, 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 26-00575.A. Page 1 City of Brookings February 10, 2026City Council Meeting Agenda - Final 01/27/2026 CC MinutesAttachments: Action to abate the 2025 Drainage Fee in the amount of $75.84, for Parcel # 40494-00300-004-05. ID 26-00455.B. Abatement Application Location Map Attachments: Action to abate the 2025 Drainage Fee in the amount of $75.84, for Parcel # 40340-00200-001-00. ID 26-00475.C. Abatement Application Location Map Attachments: Action to abate the 2025 Drainage Fee in the amount of $75.84, for Parcel # 40340-00100-001-00. ID 26-00465.D. Abatement Application Location Map Attachments: Action to abate Property Taxes in the amount of $2,409.53 for Parcel #04000-11049-291-00. ID 26-00535.E. Abatement Application Location Map Attachments: Action to abate Property Taxes in the amount of $38.04 for Parcel #40071-00100-002-00. ID 26-00545.F. Abatement Application Location Map Attachments: Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. ID 26-00585.G. Memo SDCL References Attachments: Action to cancel the February 17, 2026 City Council Study Session.ID 26-00705.H. 6. Presentations/Reports: Report: SDSU Student Association.ID 26-00556.A. Reports: City Council Ex-Officio ReportsID 26-00566.B. 7. Contracts/Change Orders: Action on Resolution 26-018, a Resolution authorizing Change Order No. 1 for 2025-04STI 20th Street South Shared-Use Path. RES 26-0187.A. Page 2 City of Brookings February 10, 2026City Council Meeting Agenda - Final Memo Resolution Map Attachments: Action: Motion, Request Public Comment, Roll Call 8. Ordinance First Readings: NONE 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. 9. Public Hearings and Second Readings: Public Hearing and Action on Resolution 26-015, a Resolution authorizing the City Manager to enter into a 10-year On-Sale Liquor Operating Agreement with Murdo Properties, LLC dba Macs Eastside Grill LLC, owner Al Kurtenbach. RES 26-0159.A. Memo Resolution Operating Agreement Location Map Legal Notice Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Public Hearing and Action on Ordinance 26-003, an Ordinance Amending Chapter 70 - Solid Waste, of the Code of Ordinances of the City of Brookings, South Dakota. ORD 26-0039.B. Memo Ordinance - clean Ordinance - marked Legal Notice Presentation Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 1/27/26 City Council read into the record Public Hearing and Action 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). ORD 26-0049.C. Page 3 City of Brookings February 10, 2026City Council Meeting Agenda - Final Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 1/27/26 City Council read into the record Public Hearing and Action 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). ORD 26-0059.D. Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 1/27/26 City Council read into the record 10. Other Business: Action on Resolution 26-007, a Resolution authorizing the City Manager, or his designee, to execute a Termination Agreement with Henry Carlson Construction LLC and directing staff to issue a Request for Proposal for Construction Manager at Risk. RES 26-00710.A. Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 26-017, a Resolution amending the adopted procedures related to Construction Manager at Risk projects. RES 26-01710.B. Page 4 City of Brookings February 10, 2026City Council Meeting Agenda - Final Memo Resolution Resolution 21-113 - marked Attachments: Action: Motion, Request Public Comment, Roll Call 11. 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. 12. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager Brookings City Council Staff: Paul M. Briseno, City Manager Bonnie Foster, City Clerk J. Vincent Jones, Attorney-at-Law, Woods, Fuller, Shultz and Smith P.C. Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 5 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 26-0057,Version:1 Action to approve City Council meeting minutes. Attachments: 01/27/2026 City Council Minutes City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL January 27, 2026 (unapproved) The Brookings City Council held a meeting Tuesday, January 27, 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, Holly Tilton Byrne, and 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 Wendell, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. 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 January 13 and January 20, 2026 City Council Minutes. B. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders: Sodexo Catering (License Holder RB- 28249 and RW -28251): SDSU TL26-014, SDSU TL26-015, SDSU TL26-016, SDSU TL26-017, SDSU TL26-018, SDSU TL26-019, SDSU TL26-020, SDSU TL26-021. C. Action on Resolution 26-006, a Resolution authorizing the Brookings Summer Arts Festival Committee to have Exclusive Use of Pioneer Park. 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. D. Action on Resolution 26-005, a Resolution declaring surplus property for the City of Brookings. 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 o f Brookings to dispose of as surplus property; and WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus property. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. E. Action on 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. 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 Report: SDSU Student Association. Anna Hundt, SDSU Student’s Association Government Affairs Chair, provided an update on SDSU current affairs. FIRST READING – Ordinance 26-003. Introduction and First Reading was held 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. FIRST READING – Ordinance 26-004. Introduction and First Reading was held 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. FIRST READING – Ordinance 26-005. Introduction and First Reading was held 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 Comment: Luke Davidson. Public Hearing and Action: February 10. Special Event / Temporary Alcoholic Beverage Application. A public hearing was held 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. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that the Special Event / Temporary Alcoholic Beverage Application be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Ordinance 26-001. A public hearing 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. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Ordinance 26-001 be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Ordinance 26-002. A public hearing 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. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Ordinance 26 -002 be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Resolution 26-012. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-012, a Resolution Authorizing the Carry Forward of Outstanding Encumbrances, be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. 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 WHEREAS, at the close of the fiscal year ending December 31, 2025, certain purchase orders and contracts remained open with unpaid balances; and WHEREAS, management has reviewed all outstanding encumbrances and determined that some encumbrances should be carried forward into the subsequent fiscal year; and WHEREAS, 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 authorized 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. Resolution 26-004. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 26-004, a Resolution Amending the Consolidated Fee Schedule, be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 26-004 - RESOLUTION AMENDING THE CONSOLIDATED FEE SCHEDULE WHEREAS, the adopted Municipal Code and City Policies make references to fees charged; and WHEREAS, 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 Waived Community Development Plumbing Contractor License Remove Fee Each annual Renewal Remove Fee Resolution 26-013. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-013, a Resolution Establishing the 2026 Fees for Parks, Recreation, Forestry, and Edgebrook Golf Course, be approved. Public Comment: Todd Sumner and Mark Stratton. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. 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, rentals, 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. Resolution 26-014. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that 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 approved. Public Comment: Brianna Johnson, Humane Society Board President. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. 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 Telkamp 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 agreement; 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. Resolution 26-008. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 26-008, a Resolution selecting the Dacotah Bank Center or Wiese Property as the Site for the Future Brookings Police Department Facility, be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. 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, located east of Interstate 29 and 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 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 the 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 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. Progress Report. Samantha Beckman, Assistant to the City Manager, provided a progress report highlighting the City’s initiatives and projects. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that this meeting be adjourned at 7:24 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0045,Version:1 Action to abate the 2025 Drainage Fee in the amount of $75.84, for Parcel # 40494-00300-004-05. Summary and Recommended Action: During the process of assessing the drainage fees, staff inadvertently assessed fees against this parcel. The individually owned properties situated on this parcel have each been assessed a drainage fee and the common area should not be charged as it does not contain a stand-alone structure. Owners:Linda Moilan, Sherri Forrette, and Dianne Foster Address:2024 / 2026 / 2028 Rapid Valley Avenue Legal description:Lot 4A, Block 3, River Run Addition. Parcel #:40494-00300-004-05 Fiscal Impact: The property tax for this parcel will be reduced by $75.84. Attachments: Abatement Application Location Map City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ Location Map 2024/2026/2028 Rapid Valley Avenue 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 26-0047,Version:1 Action to abate the 2025 Drainage Fee in the amount of $75.84, for Parcel # 40340-00200-001-00. Summary and Recommended Action: During the process of assessing the drainage fees, staff inadvertently assessed fees against this parcel. The individually owned properties situated on this parcel have each been assessed a drainage fee and the common area should not be charged as it does not contain a stand-alone structure. Owner:Christine Condos Address:908 Christine Avenue Legal description:Lots 1 & 2, Block 2, Meadowwood Addition Parcel #:40340-00200-001-00 Fiscal Impact: The property tax for this parcel will be reduced by $75.84. Attachments: Abatement Application Location Map City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ Location Map: 908 Christine Avenue 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 26-0046,Version:1 Action to abate the 2025 Drainage Fee in the amount of $75.84, for Parcel # 40340-00100-001-00. Summary and Recommended Action: During the process of assessing the drainage fees, staff inadvertently assessed fees against this parcel. The individually owned properties situated on this parcel have each been assessed a drainage fee and the common area should not be charged as it does not contain a stand-alone structure. Owner:Sheraton Condos Address:808 Christine Avenue Legal description:Lots 1 & 2, Block 1, Meadowwood Addition. Parcel #:40340-00100-001-00 Fiscal Impact: The property tax for this parcel will be reduced by $75.84. Attachments: Abatement Application Location Map City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ Location Map: 808 Christine Avenue 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 26-0053,Version:1 Action to abate Property Taxes in the amount of $2,409.53 for Parcel #04000-11049-291-00. Summary and Recommended Action: The County Assessor recommends approval to abate the property taxes in the amount of $2,409.53 for property purchased by Brookings Municipal Utilities. Legal description: Northeast Quarter, excluding North 916 feet of West 638 feet, and excluding West 441.5 feet of East 874.5 feet of North 198 feet, and excluding West 219 feet of East 652 feet of South 164 feet of North 362 feet, and excluding Lots H-2, H-3, H-4, Section 29-T110-R49W. Acres: 142.56 Parcel #04000-11049-291-00 Fiscal Impact: The property tax for this parcel will be reduced by $2,409.53. Attachments: Abatement Application Location Map City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ Brookings County, SD Developed by Parcel ID 040001104929100 Sec/Twp/Rng 29-110-49 Property Address Alternate ID n/a Class G Acreage n/a Owner Address BROOKINGS MUNICIPAL UTILITIES 525 WESTERN AVE BROOKINGS SD 57006 District 0401 Brief Tax Description NE 1/4 EXC N 916' OF W 638' & EXC W 441.5' OF E 874.5' OF N 198' & EXC W 219' OF E 652' OF S 164' OF N 362' & EXC LOTS H-2, H-3 & H-4 (Note: Not to be used on legal documents) Date created: 1/29/2026 Last Data Uploaded: 1/29/2026 1:05:00 AM 2,607 ft Overview Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0054,Version:1 Action to abate Property Taxes in the amount of $38.04 for Parcel #40071-00100-002-00. Summary and Recommended Action: The County Assessor recommends approval to abate the property taxes in the amount of $38.04 for property purchased by Brookings Municipal Utilities 1/22/2025. Legal description: Lot 2, Block 1, Branch Creek Addition Parcel #40071-00100-002-00 Fiscal Impact: The property tax for this parcel will be reduced by $38.04. Attachments: Abatement Application Location Map City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ Brookings County, SD Developed by Parcel ID 400710010000200 Sec/Twp/Rng -- Property Address Alternate ID n/a Class G Acreage n/a Owner Address BROOKINGS CITY ET AL PO BOX 588 BROOKINGS SD 57006 District 4001 Brief Tax Description BRANCH CREEK ADDN LOT 2 BLK 1 3,270 SF (Note: Not to be used on legal documents) Date created: 1/29/2026 Last Data Uploaded: 1/29/2026 1:05:00 AM 197 ft Overview Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0058,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 2/4/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: February 10, 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 TL26-026 (3/31/2025) – Dinner and bar (Lohr Building – Woster Celebration Hall) o SDSU TL26-025 (3/20/2026) – Legends Seeds Event (SDSU – Dana J Dykhouse Stadium – Club 71) o SDSU TL26-024 (5/2/2026) – Museum Event (SD Art Museum) o SDSU TL26-023 (3/26/2026) – Museum Event (SD Art Museum) o SDSU TL26-022 (6/12/2026) – Museum Event (SD Art Museum) o SDSU TL26-027 (5/2/2026) – Athletic Banquet (Sanford Jackrabbit Athletic Complex) o SDSU TL26-028 (3/21-26/2026) – SDSU Baseball Games (Erv Huether Field) o SDSU TL26-029 (4/1-13/2026) – SDSU Baseball Games (Erv Huether Field) o SDSU TL26-030 (4/22-5/4/2026) – SDSU Baseball Games (Erv Huether Field) o SDSU TL26-031 (5/15-17/2026) – SDSU Baseball Games (Erv Huether Field) o SDSU TL26-032 (4/2-4/2026) – SDSU Softball Games (Jackrabbit Softball Field) o SDSU TL26-033 (4/24-26/2026) – SDSU Softball Games (Jackrabbit Softball Field)  Wooden Legs Brewing Co. (License Holder RB-19577 and RW -23484) o CITY TL26-009 (2/11/2026) – SDSU Jacks Club Hockey (Larson Ice Center) Legal Consideration: None Strategic Plan Consideration: Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage licenses keeps the process transparent in the amount of revenue generated and the number of licenses issued annually. Financial Consideration: Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date NOTE: event date can be up to 15 days in length. Supporting Documentation: State Law 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 #:ID 26-0070,Version:1 Action to cancel the February 17, 2026 City Council Study Session. Summary and Recommended Action: Staff recommends cancellation of the February 17, 2026 Study Session, due to no items being scheduled. Any meeting of the City Council may be cancelled in advance by a majority vote of the City Council. The Mayor may cancel a meeting in the case of an emergency, when a majority of the members have confirmed in writing their unavailability to attend a meeting, when there is not a quorum at the start of the meeting, or when the agenda is such that cancelling the meeting would not interfere with the normal operations of the City. The City Council must meet regularly; however, at least once each month. Cancelled meetings will be noted on the agenda and posted for the public. This provides public notice of the change to the City Council meeting calendar. City of Brookings Printed on 2/6/2026Page 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 #:ID 26-0055,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 2/4/2026Page 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 #:ID 26-0056,Version:1 Reports: City Council Ex-Officio Reports Summary: City Council Members, serving as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended at the first City Council meeting of the month. Brookings Municipal Utility Board: 1.Council Member Wayne Avery 2.Council Member Bonny Specker Brookings Health Systems Board of Trustees: 1.Council Member Brianna Doran 2.Council Member Lisa Hager City of Brookings Printed on 2/4/2026Page 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 #:RES 26-018,Version:1 Action on Resolution 26-018, a Resolution authorizing Change Order No. 1 for 2025-04STI 20th Street South Shared-Use Path. Summary: Staff recommends approval of the proposed Resolution to authorize Change Order No. 1 for 2025- 04STI 20th Street South Shared-Use Path with Timmons Construction, Inc. Attachments: Memo Resolution Map City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Richter, City Engineer Council Meeting: February 10, 2026 Subject: Resolution 26-018: Change Order #1 for Project 2025- 04STI, 20th Street South Shared-Use Project Person(s) Responsible: Charlie Richter, City Engineer Summary and Staff Recommendation: Staff recommends approval of the proposed Resolution for Change Order #1, the 2025- 04STI - 20th Street South Shared-Use Project with Timmons Construction, Inc. This increases the contract by $81,180.48 for additional asphalt tonnage, embankment stabilization, gravel borrow, and additional concrete work used on the project. The adjusted overall contract amount of $542,517.11. Item Details: The 2025-04STI 20th Street South Shared-Use Project involves the installation of a shared-use path along the south side of 20th Street South, from Main Avenue to Branch Creek. The proposed resolution authorizes Change Order No. 1, which increases the contract amount awarded to Timmons Construction, Inc. by $81,180.48 (17%). This increase is associated with the following additional work: (1) supplemental paving and embankment stabilization at the southeast corner of 20th Street South and Medary Avenue; (2) additional gravel placement to adequately cover the installed storm sewer; and (3) additional concrete work surrounding storm sewer inlets. The 2025-04STI 20th Street South Shared-Use contract with Timmons Construction, Inc. will be adjusted to account for the additional work performed by the contractor: Original Contract Amount $461,337.17 Change Order #1 $ 81,180.48 Adjusted Contract Amount $542,517.11 The contractor has scheduled completion of this project in the spring of 2026. 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: The adopted budget for this project is $650,000 for engineering, construction, and testing. A breakdown of all charges to this project is as follows. Budget $650,000.00 Original Construction Contract ($461,337.17) Proposed Change Order #1 ($ 81,180.48) Engineering Design ($ 70,500.00) Strategic Communications ($ 12,000.00) Testing ($ 11,155.35) Remaining Funds $ 13,827.35 With the proposed Change Order this project is within budget. The remaining funds of $13,827.35 will be reallocated to 2025-03SWR - 20th Street South Shared-Use Phase II project budget. Supporting Documentation: Resolution Map RESOLUTION 26-018 RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR PROJECT 2025-04STI: 20th STREET SOUTH SHARED-USE PROJECT WHEREAS, the City of Brookings opened bids for the 2025-04STI 20th Street South Shared-Use Path on Tuesday, June 3, 2025 at 1:30 pm at the Brookings City and County Government Center; and WHEREAS, the City of Brookings awarded Timmons Construction, Inc. the contract for 2025-04STI 20th Street South Shared-Use Path project for their low bid of $461,337.17 at the June 10, 2025 City Council Meeting; and WHEREAS, the adopted budget for this project is $650,000, which includes design, construction, testing, and strategic communications; and WHEREAS, staff is proposing Change Order #1 in the amount of $81,180.48 for work associated with: 1) supplemental paving and embankment stabilization at the southeast corner of 20th Street South and Medary Avenue; 2) additional gravel placement to adequately cover the installed storm sewer; and 3) additional concrete work surrounding storm sewer inlets; and WHEREAS, the overall project cost will remain under the original budget amount by $13,827.35. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That Change Order 1 totaling $81,180.48 for additional work be approved; and 2. The City Manager is authorized to sign the change order. Passed and Approved this 10th day of February, 2026. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Location Map 20th St S Shared-Use Path Phase 1 (Main Ave to Branch Creek) Brookings Regional Landfill 20th St S Shared- Use Path Phase 1 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 26-015,Version:1 Public Hearing and Action on Resolution 26-015, a Resolution authorizing the City Manager to enter into a 10-year On-Sale Liquor Operating Agreement with Murdo Properties, LLC dba Macs Eastside Grill LLC, owner Al Kurtenbach. Summary and Recommended Action: Staff recommends approval of the proposed Resolution authorizing the City Manager to enter into a 10-year On-Sale Liquor Operating Agreement, with a 5-year mid-term renewal, with owner Al Kurtenbach, Murdo Properties, LLC, dba Macs Eastside Grill. Owner Al Kurtenbach, Murdo Properties, LLC, dba Macs Eastside Grill, has applied to transfer the existing On-Sale Liquor License from Brookings Steak Company LLC, dba Whiskey Creek Wood Fire Grill. Location: 631 32nd Avenue Legal Description: SE Corner of Block 1, Wiese Addition. Attachments: Resolution Operating Agreement Location Map Legal Notice City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: February 10, 2026 Subject: Resolution 26-015: On-Sale Liquor Operating Agreement, 10-year Agreement – Murdo Properties, LLC, dba Macs Eastside Grill Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of the proposed Resolution authorizing the City Manager to enter into a 10-year On-Sale Liquor Operating Agreement, with a 5-year mid-term renewal, with owner Al Kurtenbach, Murdo Properties, LLC, dba Macs Eastside Grill. Item Details: Owner Al Kurtenbach, Murdo Properties, LLC, dba Macs Eastside Grill, has applied to transfer the existing On-Sale Liquor License from Brookings Steak Company LLC, dba Whiskey Creek Wood Fire Grill. Location: 631 32nd Avenue Legal Description: SE Corner of Block 1, Wiese Addition. The City of Brookings enters into On-Sale Liquor Operating Agreements for a 10-year period, with a mid-term renewal at five years. This Resolution would allow the City Manager to enter into the 10-year agreement. This license would be effective upon SD Department of Revenue approval and license issuance, and subject to an annual renewal. A public hearing and action by the local governing body is required to approve all alcohol licenses. Legal Consideration: None. Strategic Plan Consideration:  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: License Transfer Fee: $150, payable to the City of Brookings Supporting Documentation: Resolution Operating Agreement Location Map Legal Notice RESOLUTION 26-015 ON-SALE LIQUOR OPERATING AGREEMENT – 10-YEAR AGREEMENT Murdo Properties LLC, dba Macs Eastside Grill BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby approves an Operating Alcohol Management Agreement for Liquor between the City of Brookings and owner Al Kurtenbach, Murdo Properties LLC, dba Macs Eastside Grill, for the purpose of an alcohol manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 631 32nd Avenue. Legal description: SE Corner of Block 1, Wiese Addition, City of Brookings, Brookings County, South Dakota. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of 10-years, with a 5-year mid-term renewal. Passed and Approved this 10th day of February, 2026. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT – 10-year agreement Murdo Properties LLC, dba Macs Eastside Grill THIS AGREEMENT is made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and owner Al Kurtenbach, Murdo Properties LLC, dba Macs Eastside Grill, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement, and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: SE Corner of Block 1, Wiese Addition, City of Brookings, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off - Sale establishment. V. This Agreement constitutes a renewal of the current Operating Agreement and shall be in full force and effect for a period of five (5) years. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol-related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off-Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on-sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Mana ger shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 10th day of February, 2026. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: By: Brookings County, SD Developed by Parcel ID 406720010000100 Sec/Twp/Rng -- Property Address 621 32ND AVE BROOKINGS Alternate ID n/a Class NADC Acreage n/a Owner Address KURTENBACH, AELRED J 47209 220TH ST BROOKINGS SD 57006 District 4001 Brief Tax Description WIESE ADDN, LOT 1 BLK 1 65,000 SF (302.33 X 215) (Note: Not to be used on legal documents) Date created: 1/29/2026 Last Data Uploaded: 1/29/2026 1:05:00 AM 198 ft Overview Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads NOTICE OF PUBLIC HEARING Transfer of an On-Sale Liquor Operating Agreement Murdo Properties LLC, dba Macs Eastside Grill NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of Brookings, South Dakota, on February 10, 2026, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application to transfer the On-Sale Liquor Operating Agreement from Brookings Steak Company LLC, dba Whiskey Creek Wood Fire Gill, to Murdo Properties LLC, dba Macs Eastside Grill, Al Kurtenbach, owner. Location: 621 32nd Avenue, Brookings, South Dakota. Legal description: SE Corner of Block 1, Wiese Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 30th day of January, 2026. Bonnie Foster, City Clerk Published time(s) 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 #:ORD 26-003,Version:2 Public Hearing and Action on Ordinance 26-003, an Ordinance Amending Chapter 70 - Solid Waste, of the Code of Ordinances of the City of Brookings, South Dakota. 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 2/4/2026Page 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 Section 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) Section 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. Section 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) Section 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) Section 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) Section 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) Section 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: February 13, 2026 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:2 Public Hearing and Action 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). 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 2/4/2026Page 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 NOTICE OF PUBLIC HEARING Ordinance 26-004 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 26-004, 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). 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: $ . 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:2 Public Hearing and Action 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). 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 2/4/2026Page 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 NOTICE OF PUBLIC HEARING Ordinance 26-005 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 26-005, an Ordinance to change the zoning within the City of Brookings (Block 1, Mills Third Addition, excluding H1 & H2 from a Residential R-3A Apartments / Mobile Homes / Manufactured Housing District to a Business B-2 District). 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: $ . 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 #:RES 26-007,Version:1 Action on Resolution 26-007, a Resolution authorizing the City Manager, or his designee, to execute a Termination Agreement with Henry Carlson Construction LLC and directing staff to issue a Request for Proposal for Construction Manager at Risk. Summary and Recommended Action: Staff recommends the approval of the proposed resolution which will 1) authorize the City Manager, or his designee, to execute a termination agreement with Henry Carlson Construction, LLC, and 2) direct staff to issue a Request for Proposal for Construction Manager at Risk services related to the design and construction of a new Police Station and Fire Station within the City of Brookings. Attachments: Memo Resolution City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: John R. Thompson, Public Works Director Council Meeting: February 10, 2026 Subject: Resolution 26-007: Construction Manager at Risk Agreement Presenter(s): John R. Thompson, Public Works Director Summary and Recommended Action: Staff recommends the approval of the proposed resolution which will 1) authorize the City Manager or his designee to execute a termination agreement with Henry Carlson Construction, LLC, and 2) direct staff to issue a new Request for Proposal for Construction Manager at Risk services related to the design and construction of a new Police Station and Fire Station. Item Details: In April 2022, the City retained Henry Carlson Construction, LLC (HCC) to provide Construction Manager at Risk (CMAR) services through Resolution 22 -029. The Request for Proposals (RFP) and subsequent CMAR contract with HCC expressly limited the scope of work to the renovation or replacement of the City’s Public Safety Facility. Over the past four years, the City has worked collaboratively with Tegra Group, the City’s owner’s representative; JLG Architects; and HCC to evaluate more than 20 potential sites for a Public Safety Facility. As a result of this extensive site evaluation process, the City has determined no viable site exists within the core of the community which is both readily available and appropriately sized to accommodate a combined Public Safety Facility. As a result, the City is considering the construction of two separate public safety facilities at different locations. Due to this change in project scope, staff recommends the following actions: 1. Termination of the existing CMAR agreement with HCC for convenience; and 2. Direct staff to issue a new RFP for CMAR services based on the construction of separate facilities at different locations. Staff’s recommendation to terminate the existing CMAR agreement is driven solely by the change in project scope and delivery approach and is not a reflection of the quality or performance of services provided by HCC. HCC has been a valued and collaborative partner throughout the evaluation process and has provided meaningful support and expertise during the site analysis and planning efforts. If approved, the City Manager will execute a Termination Agreement with HCC, which includes a settlement payment of $10,000 for evaluation services provided over the past four years. Staff will then proceed with the work necessary to issue a new RFP as expeditiously as possible. Below is a tentative timeline of key project milestones: • February 2026 – Issue RFP for Construction Management Services • March/April 2026 – Award Construction Management Services • Summer 2026 – Development of initial cost estimates and conceptual designs • Fall 2026 – Schematic development and final design development Legal Consideration: Legal Counsel has reviewed the agreement and concurs with the recommended actions. Strategic Plan Consideration: Fiscal Responsibility - The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Safe, Inclusive, Connected Community - The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment. Service and Innovation Excellence - The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Sustainability - The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: There is no increase to General Fund Cost associated with the recommended actions. If approved, the $10,000 for services associated with the termination agreement will be split between fund 535 – Fire Station Capital and 531 – Police Station Capital. Sufficient reserves are available to fund the termination agreement. Reference Material: Resolution 22-029, April 19, 2022 – CMAR Contract with Henry Carlson Construction, LLC. Supporting Documentation: Resolution RESOLUTION 26-007 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TERMINATE AN AGREEMENT WITH HENRY CARLSON CONSTRUCTION, LLC AND DIRECTING STAFF TO ISSUE A REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGER AT RISK SERVICES BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: WHEREAS, in 2022 the City of Brookings, through a Request for Proposal (RFP) process, retained Henry Carlson Construction, LLC, for Construction Manager at Risk (CMAR) services in April of 2022; and WHEREAS, the scope of the work stated in the 2022 RFP has changed as the City is now considering the construction of separate Police and Fire facilities, versus a combined Public Safety Facility; and WHEREAS, the City desires to solicit new proposals based on the change of scope. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. That the City Manager or his designee is authorized to execute a termination agreement with Henry Carlson Construction LLC; and B. City staff are directed to proceed with the issuance of a new RFP for CMAR services related to the construction of a Police and Fire Facility. Passed and Approved this 10th day of February, 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 26-017,Version:1 Action on Resolution 26-017, a Resolution amending the adopted procedures related to Construction Manager at Risk projects. Summary and Recommended Action: Staff recommends the approval of the proposed resolution which will amend the procedures for Construction Manager at Risk (CMAR) to include separate Police and Fire Facilities. Attachments: Memo Resolution Resolution 21-113 - marked City of Brookings Printed on 2/4/2026Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: John R. Thompson, Public Works Director Council Meeting: February 10, 2026 Subject: Resolution 26-017: Construction Manager at Risk Procedures Presenter(s): John R. Thompson, Public Works Director Summary and Recommended Action: Staff recommends the approval of the proposed resolution which will amend the procedures for Construction Manager at Risk (CMAR) to include separate Police and Fire facilities. Item Details: In December of 2021 the City, per State requirements, established procedures related to the CMAR process via Resolution 21-113. The CMAR procedures expressly limited the scope of work to the renovation or replacement of the Brookings Police Building. Over the past four years, the City has worked collaboratively with Tegra Group, the City’s owner’s representative; JLG Architects; and HCC to evaluate more than 20 potential sites for a Public Safety Facility. As a result of this extensive site evaluation process, the City has determined that no viable site exists within the core of the community that is both readily available and appropriately sized to accommodate a combined Public Safety Facility. As a result, the City is now considering the construction of two separate public safety facilities at different locations. Due to this change in project scope, staff is recommending an amendment to the CMAR procedures to include multiple facilities. Legal Consideration: N/A Strategic Plan Consideration: Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment. Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: There is no increase to General Fund Cost associated with the recommended action. Supporting Documentation: Resolution Resolution 21-113 - marked RESOLUTION 26-017 A RESOLUTION AMENDING PROCEDURES FOR CITY OF BROOKINGS CONSTRUCTION MANAGER-AT -RISK PROJECTS BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: Section 1. Purpose. In order to comply with State law requirements for construction manager-at-risk (“CMAR”) projects, the City of Brookings adopts these procedures and will select CMAR firms to provide construction management services for authorized projects in accordance with the following procedures: Section 2. Findings and Determinations. The City of Brookings makes the following determinations: a. It is in the City’s interest to utilize the services of a construction manager for construction of the Brookings Police Department building, downtown Fire Station, and future projects expressly authorized by resolution of the City Council; and b. That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts concerning the construction of authorized projects; and c. The construction manager shall be a CMAR and be solicited through a qualification-based request for proposals method of procurement as provided in SDCL § 5-18B-44. The CMAR, for any actual construction contracted by the CMAR to be performed on the project shall provide payment and performance bonds and competitive bids for the work as required by any statute governing bidding and bonding for public improvement projects. Section 3. Definitions. For purposes of these procedures, the following definitions apply: a. “City” means the City of Brookings. b. “CMAR” means construction manager-at-risk c. “Department” is defined as any department of the City of Brookings, including the Dacotah Bank Center. d. “Firm” is defined as any individual, firm, partnership, corporation, association, joint venture, or other legal entity permitted by law to practice construction contracting in the State of South Dakota. e. “Project” is defined as that project described in the public announcement. Section 4. Minimum Qualification Requirements for Firms Providing CMAR Services. Firms providing CMAR services shall be registered with the Department of Revenue prior to contract award. Where required by State law, the CMAR shall be able to provide construction management services by licensed or registered individuals. Section 5. Public Announcement Procedures. Except in emergency situations, the Department will publish an announcement in accordance with SDCL §5-18B-1. The announcement will set forth a general description of the project requiring construction management services and will define the time frame and procedures for interested qualified firm s to apply for consideration. The public announcement will further state whether construction management firms will be pre- qualified for the project. Section 6. Request for Proposals. The City will prepare a Request for Proposal (“RFP”). The RFP developer may be either a private firm retained by the City or may be a staff member of the City. The RFP developer is prohibited from being part of the bidding entity. The RFP may include the following:  Background and Description of the project  Preliminary Project Schedule  Outline of CMAR Best Value selection process and timeline  Detailed description of the scope of services for each phase of the project  RFP evaluation criteria and requirements of RFP response The purpose of the RFP is to furnish sufficient information for firms to prepare qualitative proposals and price proposals. The firm submitting the successful proposal shall develop a detailed proposal based on the criteria in the RFP. All Requests for Proposals shall also comply with the City’s Purchasing Policy Guide. Section 7. Evaluation Criteria for Shortlisting Construction Management Firms. The City’s selection committee will review proposals from all candidate firms and shortlist no more than three firms who will be invited to be interviewed. Shortlisting will be based the following qualifications: a. Company background b. Applicable and relevant experience and education of proposed key team members c. Team / personnel experience working together and on similar projects d. Project approach including working in South Dakota on CMAR projects for public sector clients e. Demonstrated knowledge of the local and regional subcontractor market To be considered for the shortlist selection, the firm must demonstrate the ability to provide a performance and payment bond as described in the RFP. Section 8. Criteria for Selecting Construction Manager Firm. The City’s selection committee will rely on the information contained and presented in the proposals, interviews, and reference checks in making the decision to select the best value and the most qualified firm to provide services for this project. Selection criteria will be based on: a. Experience, qualifications, and availability of proposed team leaders b. Broader team structure c. History of project team working together d. Technical work process e. Proposal, interview and response f. Price Proposal Section 9. Construction Manager-at-Risk Proposal Requirements. (1) The RFP shall outline proposal submittal requirements including but limited to the following: a. Letter signed by an individual authorized to commit the proposed team to the scope of work proposed consortiums, joint ventures, or teams submitting proposals must establish contractual responsibility solely with one company or one legal entity. Each submittal should indicate the entity responsible for execution on behalf of the proposal team. b. Identification of proposed team members with proposed roles and responsibilities. c. Project approach and management capabilities. d. Relevant project experience e. Statement from a surety company authorized to do business in South Dakota indicating the firm(s) bonding capacity and ability to obtain a performance and payment bond in the amount specified in the RFP. f. Certification statement that proposal response will remain in effect for 30 days, and all representations stated in the Response to RFP are true and accurate, and acknowledge that all costs associated with preparation of the Response to RFP will be the responsibility of the proposing CMAR. (2) Each firm submitting a proposal shall submit a Qualitative Proposal and a Price Proposal. Proposals shall be segmented into two packages;  Qualitative Proposal. A qualitative proposal shall include management plan, schedule, and other data requested in response to the RFP. Qualitative proposals shall be submitted in a sealed package, which identifies the project and the construction management firm on the outside of the package. Each firm shall place the words “QUALITATIVE PROPOSAL” on the outside of the package.  Price Proposal. Price proposals shall include CMAR fee per phase of the project, a detailed description of management staff general conditions, a detailed description of certain reimbursable general conditions and other cost related questions that pertain the performance of the requested scope of services. Each firm shall submit its price proposal in a separate sealed package. Each firm shall place the words “PRICE PROPOSAL” on the outside of the package. Section 10. Negotiating Owner / Construction Manager at Risk Agreement and Preservation of Confidential Information. The procedures for negotiations between the City of Brookings and those submitting proposals prior to the acceptance of a proposal are as follows: Upon completion of the interviews, the firms will be ranked. The City will start negotiations of the contract with the highest-ranking firm. If an agreement for services cannot be reached with the highest ranked firm, the City will move to the second ranked firm. The same process will be repeated with the other ranked firms if no such agreement can be reached. The City reserves the right to not select a firm as part of this process if an agreement cannot be reached with the interviewed firms. The procedures shall also contain safeguards to preserve confidential information and proprietary information supplied by those submitti ng proposals consistent with §5-18B- 34, which are as follows: Until a proposal is accepted, information in the proposal remain the property of the person making the proposal. The City will make reasonable efforts to maintain the secrecy and confidentiality of any proposal and all information contained in any proposal and the City will not disclose any proposal or the information con tained in a proposal to the CMAR’s competitors. The City will not disclose, except as may be permitted pursuant to Chapter 1-27, confidential and proprietary information contained in any proposal to the public until such time as the City takes final action to accept a proposal. Section 11. Emergency Procedures. The procedures for awarding construction management firm contracts in the event of public emergencies as defined in § 5-18A-9 are as follows: The City may make an emergency procurement without advertising the procurement if there exists a threat to public health, welfare, or safety or for other urgent and compelling reasons. An emergency procurement will be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor will be included in the contract file. Passed and Approved this 10th day of February, 2026. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Resolution A Resolution Amending Procedures for City of Brookings Construction Manager-At -Risk Projects Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Section 1. Purpose In order to comply with State law requirements for construction manager-at-risk (“CMAR”) projects, the City of Brookings adopts these procedures and will select CMAR firms to provide construction management services for authorized projects in accordance with the following procedures: Section 2. Findings and Determinations The City of Brookings makes the following determinations: a. It is in the City’s interest to utilize the services of a construction manager for the construction of the Brookings Police Department building, downtown Fire Station, and future projects expressly authorized by resolution of the City Council; and b. That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts concerning the construction of authorized projects; and c. The construction manager shall be a CMAR and be solicited through a qualification-based request for proposals method of procurement as provided in SDCL § 5-18B-44. The CMAR, for any actual construction contracted by the CMAR to be performed on the project shall provide payment and performance bonds and competitive bids for the work as required by any statute governing bidding and bonding for public improvement projects. Section 3. Definitions For purposes of these procedures, the following definitions apply: a. “City” means the City of Brookings. b. “CMAR” means construction manager-at-risk c. “Department” is defined as any department of the City of Brookings, including the Dacotah Bank Center. d. “Firm” is defined as any individual, firm, partnership, corporation, association, joint venture, or other legal entity permitted by law to practice construction contracting in the State of South Dakota. e. “Project” is defined as that project described in the public announcement. Section 4. Minimum Qualification Requirements for Firms Providing CMAR Services Firms providing CMAR services shall be registered with the Department of Revenue prior to contract award. Where required by State law, the CMAR shall be able to provide construction management services by licensed or registered individuals. Section 5. Public Announcement Procedures Except in emergency situations, the Department will publish an announcement in accordance with SDCL §5-18B-1. The announcement will set forth a general description of the project requiring construction management services and will define the time frame and procedures for interested qualified firms to apply for consideration. The public announcement will further state whether construction management firms will be pre- qualified for the project. Section 6. Request for Proposals (1) The City will prepare a Request for Proposal (“RFP”). The RFP developer may be either a private firm retained by the City or may be a staff member of the City. The RFP developer is prohibited from being part of the bidding entity. The RFP may include the following:  Background and Description of the project  Preliminary Project Schedule  Outline of CMAR Best Value selection process and timeline  Detailed description of the scope of services for each phase of the project  RFP evaluation criteria and requirements of RFP response (2) The purpose of the RFP is to furnish sufficient information for firms to prepare qualitative proposals and price proposals. The firm submitting the successful proposal shall develop a detailed proposal based on the criteria in the RFP. All Requests for Proposals shall also comply with the City’s Purchasing Policy Guide. Section 7. Evaluation Criteria for Shortlisting Construction Management Firms The City’s selection committee will review proposals from all candidate firms and shortlist no more than three firms who will be invited to be interviewed. Shortlisting will be based the following qualifications: a. Company background b. Applicable and relevant experience and education of proposed key team members c. Team / personnel experience working together and on similar projects d. Project approach including working in South Dakota on CMAR projects for public sector clients e. Demonstrated knowledge of the local and regional subcontractor market To be considered for the shortlist selection, the firm must demonstrate the ability to provide a performance and payment bond as described in the RFP. Section 8: Criteria for Selecting Construction Manager Firm The City’s selection committee will rely on the information contained and presented in the proposals, interviews, and reference checks in making the decision to select the best value and the most qualified firm to provide services for this project. Selection criteria will be based on: a. Experience, qualifications, and availability of proposed team leaders b. Broader team structure c. History of project team working together d. Technical work process e. Proposal, interview and response f. Price Proposal Section 9. Construction Manager-at-Risk Proposal Requirements (1) The RFP shall outline proposal submittal requirements including but limited to the following: a. Letter signed by an individual authorized to commit the proposed team to the scope of work proposed consortiums, joint ventures, or teams submitting proposals must establish contractual responsibility solely with one company or one legal entity. Each submittal should indicate the entity responsible for execution on behalf of the proposal team. b. Identification of proposed team members with proposed roles and responsibilities. c. Project approach and management capabilities. d. Relevant project experience e. Statement from a surety company authorized to do business in South Dakota indicating the firm(s) bonding capacity and ability to obtain a performance and payment bond in the amount specified in the RFP. f. Certification statement that proposal response will remain in effect for 30 days, and all representations stated in the Response to RFP are true and accurate, and acknowledge that all costs associated with preparation of the Response to RFP will be the responsibility of the proposing CMAR. (2) Each firm submitting a proposal shall submit a Qualitative Proposal and a Price Proposal. Proposals shall be segmented into two packages; Qualitative Proposal. A qualitative proposal shall include management plan, schedule, and other data requested in response to the RFP. Qualitative proposals shall be submitted in a sealed package, which identifies the project and the construction management firm on the outside of the package. Each firm shall place the words “QUALITATIVE PROPOSAL” on the outside of the package. Price Proposal. Price proposals shall include CMAR fee per phase of the project, a detailed description of management staff general conditions, a detailed description of certain reimbursable general conditions and other cost related questions that pertain the performance of the requested scope of services. Each firm shall submit its price proposal in a separate sealed package. Each firm shall place the words “PRICE PROPOSAL” on the outside of the package. Section 10. Negotiating Owner / Construction Manager at Risk Agreement and Preservation of Confidential Information The procedures for negotiations between the City of Brookings and those submitting proposals prior to the acceptance of a proposal are as follows: Upon completion of the interviews, the firms will be ranked. The City will start negotiations of the contract with the highest-ranking firm. If an agreement for services cannot be reached with the highest ranked firm, the City will move to the second ranked firm. The same process will be repeated with the other ranked firms if no such agreement can be reached. The City reserves the right to not select a firm as part of this process if an agreement cannot be reached with the interviewed firms. The procedures shall also contain safeguards to preserve confidential information and proprietary information supplied by those submitti ng proposals consistent with §5-18B- 34, which are as follows: Until a proposal is accepted, information in the proposal remain the property of the person making the proposal. The City will make reasonable efforts to maintain the secrecy and confidentiality of any proposal and all information contained in any proposal and the City will not disclose any proposal or the information con tained in a proposal to the CMAR’s competitors. The City will not disclose, except as may be permitted pursuant to Chapter 1-27, confidential and proprietary information contained in any proposal to the public until such time as the City takes final action to accept a proposal. Section 11. Emergency Procedures The procedures for awarding construction management firm contracts in the event of public emergencies as defined in § 5-18A-9 are as follows: The City may make an emergency procurement without advertising the procurement if there exists a threat to public health, welfare, or safety or for other urgent and compelling reasons. An emergency procurement will be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor will be included in the contract file. Passed and approved on the 10th day of February , 2026. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk