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HomeMy WebLinkAbout2026_02_24 CC PacketCity Council City of Brookings Meeting Agenda - Final-revised 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 24, 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 26-00795.A. Page 1 City of Brookings February 24, 2026City Council Meeting Agenda - Final-revised 2/10/2026 MinutesAttachments: Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. ID 26-00785.B. Memo SDCL References Attachments: Action on an appointments to the Business Improvement District #1 Board: Lisa Marotz and Elena McKeown ID 26-00825.C. Memo CC Policy 311 Attachments: Action to abate Property Taxes in the amount of $1,195.23 for Parcel #40175-00200-014-00. ID 26-00865.D. Abatement Application Location Map Attachments: 6. Presentations/Reports: Report: SDSU Student Association.ID 26-00816.A. Mayor’s State of the City Address.ID 26-00856.B. MemoAttachments: 7. Contracts & Change Orders: NONE 8. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. Introduction and First Reading on Ordinance 26-006, an Ordinance Authorizing Budget Amendment No. 10 to the 2025 Budget. Second Reading and Action: March 10, 2026. ORD 26-0068.A. Memo Ordinance Attachments: Introduction and First Reading on Ordinance 26-007, an Ordinance Authorizing Budget Amendment No. 1 to the 2026 Budget. Second Reading and Action: March 10, 2026. ORD 26-0078.B. Memo Ordinance Detail by Account Attachments: Page 2 City of Brookings February 24, 2026City Council Meeting Agenda - Final-revised Introduction and First Reading on Ordinance 26-008, an Ordinance Amending Chapter 94, Article VI, Division 5, Section 94-473, Related to Projecting Signs in the Business B-1 Central District. Public Hearing and Action: March 10, 2026. ORD 26-0088.C. Memo Ordinance - clean Ordinance - marked Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Attachments: Introduction and First Reading on Ordinance 26-009, an Ordinance Amending Chapter 6, Section 6-8, and Chapter 74, Section 74-40 of the Code of Ordinances of the City of Brookings. Second Reading and Action: March 10, 2026. ORD 26-0098.D. Memo Ordinance - clean Parklet Application Parklet Design Check List Attachments: 9. Public Hearings and Second Readings: Public Hearing and Action on a request for an On-Off Sale Malt License, for KJN Investments LLC, dba Shorty’s Burgers & Brew to be located at 1224 6th Street, Suite A. ID 26-00649.A. Memo Malt License - City Code and SDCL Video Lottery - SDCL and Admin Rule Legal Notice Location Map Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Public Hearing and Action on Resolution 26-010, a Resolution authorizing the City Manager to enter into a 10-year On-Sale Wine Operating Agreement with KJN Investments LLC, dba Shorty’s Burgers & Brew, owners Joshua and Kimberly Nelson. RES 26-0109.B. Memo Resolution Operating Agreement Location Map Legal Notice Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Page 3 City of Brookings February 24, 2026City Council Meeting Agenda - Final-revised 10. Other Business: Action on Resolution 26-019, a Resolution Amending the Consolidated Fee Schedule. RES 26-01910.A. Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call Action on a Preliminary Plat of Block 1 of South Haven Addition.ID 26-007610.B. Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Preliminary Plat Zoning Map Attachments: Action: Motion, Request Public Comment, Roll Call Action on a Preliminary Plat of Lots 1 & 2 in Block 2, and Lots 1 - 3 in Block 3 of Legacy Addition. ID 26-007710.C. Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Preliminary Plat Attachments: Action: Motion, Request Public Comment, Roll Call Action on a Sales Tax Incentive Grant for Sequitor Edge LLC.ID 26-008310.D. Memo Presentation FAQs Attachments: Action: Motion, Request Public Comment, Roll Call City of Brookings Progress Report.ID 26-008011. Progress ReportAttachments: 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which Page 4 City of Brookings February 24, 2026City Council Meeting Agenda - Final-revised states the topic, requested outcome, and time frame. A majority vote is required. 13. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager Brookings City Council Staff: Paul M. Briseno, City Manager Bonnie Foster, City Clerk J. Vincent Jones, Attorney-at-Law, Woods, Fuller, Shultz and Smith P.C. Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 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 26-0079,Version:1 Action to approve City Council meeting minutes. Attachments: 02/10/2026 City Council Minutes City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL February 10, 2026 (unapproved) The Brookings City Council held a meeting Tuesday, February 10, 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 27, 2026 City Council Minutes. B. Action to abate the 2025 Drainage Fee in the amount of $75.84, for Parcel #40494-00300-004-05. C. Action to abate the 2025 Drainage Fee in the amount of $75.84, for Parcel #40340-00200-001-00. D. Action to abate the 2025 Drainage Fee in the amount of $75.84, for Parcel #40340-00100-001-00. E. Action to abate Property Taxes in the amount of $2,409.53 for Parcel #04000- 11049-291-00. F. Action to abate Property Taxes in the amount of $38.04 for Parcel #4007 1- 00100-002-00. G. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders: Sodexo Catering (License Holder RB- 28249 and RW -28251): SDSU TL26-026, SDSU TL26-025, SDSU TL26-024, SDSU TL26-023, SDSU TL26-022, SDSU TL26-027, SDSU TL26-028, SDSU TL26-029, SDSU TL26-030, SDSU TL26-031, SDSU TL26-032, SDSU TL26-033. Wooden Legs Brewing Co. (License Holder RB-19577 and RW -23484): CITY TL26-009. H. Action to cancel the February 17, 2026 City Council Study Session. Special Presentation: Brookings High School HOSA Students. Amelia Wendell and Lauryn Bortnem, members of the Brookings High School HOSA (Health Occupations Students of America) shared the recently launched hygiene drive for students. Report: SDSU Student Association. Anna Hundt, SDSU Student’s Association Government Affairs Chair, provided an update on SDSU current affairs. Report: City Council Ex-Officio Report. A Brookings Municipal Utility Board report was not given. A Brookings Health Systems Board of Trustees report was given by Council Member Doran. Council Member Wendell provided an update on the Brookings Regional Growth Alliance. Resolution 26-018. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-018, a Resolution authorizing Change Order No. 1 for 2025-04STI 20th Street South Shared-Use Path, be approved. The motion passed by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. 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; and 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. Resolution 26-015. A public hearing was held 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. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-015 be approved. Public Comment: Al Kurtenbach. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. 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. Ordinance 26-003. A public hearing 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. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Ordinance 26-003 be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Ordinance 26-004. A public hearing 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). A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Ordinance 26-004 be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Ordinance 26-005. A public hearing 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). A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Ordinance 26-005 be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Resolution 26-007. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that 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, be approved. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-007 be amended by removing Item 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). The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. A motion was made by Mayor Niemeyer, seconded by Council Member Tilton Byrne, to revisit 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 (revisiting the Resolution in its original presentation). The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution 26-007 Item B be amended as: City Staff are directed to proceed with the issuance of a new RFP for CMAR services related to the construction of a Police Department Facility, and conduct a public bid process for the Fire Department Facility. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. A motion was made by Mayor Niemeyer, seconded by Council Member Tilton Byrne, that Resolution 26-007 be approved as amended. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. 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 Department Facility, and conduct a public bid process for the Fire Department Facility. Resolution 26-017. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-017, a Resolution amending the adopted procedures related to Construction Manager at Risk projects, be approved. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-017 be amended, removing the Fire Facility reference. Public Comment: Randy Hansen. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. A Friendly Amendment was made to proceed with the Fire Department Facility as a public bid process, and the Police Department Facility as a CMAR process. The amendment failed by the following vote: No: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-017 be approved as amended. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. 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 Facility, 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 t he 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 Team / personnel experience working together and on similar projects c. Project approach including working in South Dakota on CMAR projects for public d. sector clients Demonstrated knowledge of the local and regional subcontractor market e. To be considered for the shortlist selection, the f irm 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 g. 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 submitting 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 contained 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. 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 26-0078,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 2/26/2026Page 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 TL26-034 (3/25/2026) – SD Municipal League (USU – Volstorff Ballroom) 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 26-0082,Version:1 Action on an appointments to the Business Improvement District #1 Board: Lisa Marotz and Elena McKeown Summary and Recommended Action: The Mayor recommends approval of two appointments to the Business Improvement District #1 Board: Lisa Marotz and Elena McKeown. City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: February 24, 2026 Subject: Volunteer Board Appointments: BID #1 Board Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: The Mayor recommends approval of two appointments to the Business Improvement District #1 Board: Lisa Marotz and Elena McKeown. Item Details: Volunteer Board Members are recommended by the Mayor, with advice and consent of the City Council. The Mayor’s recommendation for appointment are: 1. Appoint Lisa Marotz (3-year term, ending 1/1/2029) 2. Appoint Elena McKeown (3-year term, ending 1/1/2029) The Business Improvement District #1 Board is responsible to prepare a plan of improvements for a district and provide improvement recommendations to the City Council. The boundaries of Business Improvement District #1 are defined as non - contiguous properties to include all hotels/motels with 25 or more rooms situated within the corporate limits of the city of Brookings. The Business Improvement District #1 Board has two vacancies. The call for applications ended February 6, 2026. Legal Consideration: None Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: None Supporting Documentation: City Policy #CC311 – Volunteer Board Appointments 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 26-0086,Version:1 Action to abate Property Taxes in the amount of $1,195.23 for Parcel #40175-00200-014-00. Summary and Recommended Action: The County Assessor recommends approval to abate the property taxes in the amount of $1,195.23 for structures which were removed after the assessment date. Structures were removed 10/29/2024. Address: 111 5th Avenue South Legal description: Lot 14, Block 2, Folsom Addition Parcel #40175-00200-014-00 Fiscal Impact: The property tax for this parcel will be reduced by $1,195.23. Attachments: Abatement Application Location Map City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ Brookings County, SD Developed by Parcel ID 401750020001400 Sec/Twp/Rng -- Property Address 111 5TH AVE S BROOKINGS Alternate ID n/a Class NAD Acreage n/a Owner Address THEODOSOPOULOS, SARANTIS 1314 PARKWAY BLVD BROOKINGS SD 57006 District 4001 Brief Tax Description FOLSOM ADDN, LOT 14 BLK 2 50 X 165 (Note: Not to be used on legal documents) Date created: 2/13/2026 Last Data Uploaded: 2/13/2026 1:05:47 AM 139 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 26-0081,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 2/26/2026Page 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 26-0085,Version:1 Mayor’s State of the City Address. Summary: The City Charter indicates a need for the State of the City to update all of the City Council’s efforts. The Mayor will give a brief update of major accomplishments in 2025 and efforts that will progress the community in the future. Attachments: Memo City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Paul M. Briseno, City Manager Council Meeting: February 24, 2026 Subject: Mayor’s State of the City Address Person(s) Responsible: Oepke Niemeyer, Mayor of Brookings Paul M. Briseno, City Manager Summary: The City Charter indicates a need for the State of the City to update all of the City Council’s efforts. Item Details: The Mayor will give a brief update of major accomplishments in 202 5 and efforts that will progress the community in the future. 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.  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Supporting Documentation: Presentation 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 26-006,Version:1 Introduction and First Reading on Ordinance 26-006, an Ordinance Authorizing Budget Amendment No. 10 to the 2025 Budget. Second Reading and Action: March 10, 2026. Summary and Recommended Action: Staff recommends approval of Budget Amendment #10 to the 2025 Budget. This amendment authorizes appropriate budget authority for expenditures in the governmental funds to close out 2025. Attachments: Memo Ordinance City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: February 24, 2026 Subject: Ordinance 26-006: Amendment No. 10 to the 2025 Budget Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of Budget Amendment #10 to the 2025 Budget . This amendment authorizes appropriate budget authority for expenditures in the governmental funds to close out 2025. Item Details: City of Brookings staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational and capital needs. This amendment increases budget authority in the five following areas, which have adequate revenues to offset increases in expenditures:  City Attorney - $45,000 o Contracted with a new firm in 2025, leading to adjusted fee structure and service needs.  Human Resources - $41,000 o Increased unemployment claims (Reimbursed by Brookings Health System) o Salary & Benefits Survey o Recruiting expense – particularly Deputy City Manager, Police and Fire Department positions. o Employee conferences, training, and increased tuition assistance usage  Community Development - $25,000 o Reconfiguration of positions and Associate Planner added in 2025  Parks, Recreation & Forestry – Net $0 o Reconfiguration of positions in this department due to staff retirements and other factors resulted in reducing the regular pay budget in Parks, while increasing Forestry and Larson Ice Center.  Appropriations/Subsidies - $13,000 o Additional legal fees associated with the parking lot purchase.  Dacotah Bank Center - $29,614.60 o Operating budget shortfall for 2025 to be transferred from 3B Fund. Legal Consideration: Per SDCL 9-21-7, supplemental appropriations are allowed and necessary when funds are available and are required to meet expenditure obligations. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: This ordinance increases budget authority for expenditures by $153,614.60. Supporting Documentation: Ordinance ORDINANCE 26-006 AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 10 TO THE 2025 BUDGET BE IT ORDAINED by the City of Brookings, South Dakota: WHEREAS State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it comes due. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager be authorized to make the following budget adjustments to the 2025 budget: Dept. / Fund Budgetary Account Account Description Increase / (Decrease) Amount City Attorney 101-412-5-422-07 Contracted Services $45,000.00 Human Resources 101-414-5-421-05 Unemployment Claims $ 6,200.00 Human Resources 101-414-5-422-03 Consulting Expense $ 7,200.00 Human Resources 101-414-5-422-21 Recruiting Expense $11,200.00 Human Resources 101-414-5-427-02 Registration & Training $ 8,800.00 Human Resources 101-414-5-429-16 Employee Development $ 7,600.00 Community Development 101-418-5-101-00 Community Development $25,000.00 Parks 101-452-5-101-00 Regular Pay ($69,000.00) Larson Ice Center 101-453-5-101-00 Regular Pay $31,000.00 Forestry 101-454-5-101-00 Regular Pay $38,000.00 Appropriations / Subsidies 101-495-5-856-68 Other $13,000.00 Dacotah Bank Center 224-000-6-700-13 Transfer In $29,614.60 3B 284-000-7-899-03 Transfer Out $29,614.60 All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: February 24, 2026 SECOND READING: March 10, 2026 PUBLISHED: March 13, 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 #:ORD 26-007,Version:1 Introduction and First Reading on Ordinance 26-007, an Ordinance Authorizing Budget Amendment No. 1 to the 2026 Budget. Second Reading and Action: March 10, 2026. Summary and Recommended Action: Staff recommends approval of Budget Amendment #1 to the 2026 Budget. The budget amendment will allow carry forward budget authority and surplus funds from 2025 for expenses to be incurred in 2026. Attachments: Memo Ordinance Detail by Account City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: February 24, 2026 / March 10, 2026 Subject: Ordinance 26-007: Budget Amendment #1 to the 2026 Budget Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of Budget Amendment #1 to the 2026 Budget. The budget amendment will allow carry forward budget authority and surplus funds from 2025 for expenses to be incurred in 2026. Item Details: City of Brookings staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational and capital needs. This ordinance carries forwards 2025 budgeted amounts for expenses to be incurred in 2026, due to project timing or surplus allocation to account for pricing changes or priority initiatives. A budget transfer from the General Fund to the Fire Facility Capital Project Fund will account for the entire estimated project price. These funds are General Fund reserves designated for City Council Financial Policy Projects . A transfer from the 2nd Penny Sales Tax / Capital Improvement Plan Fund to the Dacotah Bank Center fund accounts for unused capital funds in 2025 to be carried forward for use in 2026. The attached detail by account provides additional information regar ding the projects and initiatives included in this amendment. Legal Consideration: Per SDCL 9-21-7, supplemental appropriations are allowed and necessary when funds are available and are required to meet expenditure obligations. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: This ordinance carries forward previously budgeted amounts and budget surplus and impacts the various types of funds in the 2025 Budget as follows:  General Fund Expenditure Increase: $1,565,209.00  General Fund Revenue Increase: $547,840.80  CIP Fund Expenditures Increase: $3,199,364.31  Special Revenue Funds Expenditures Increase: $1,108,329.88  Capital Project Funds Expenditures Increase: $7,177,884.30  Capital Project Funds Revenues Increase: $316,215.00  Enterprise Funds Expenditures increase: $313,520.00 Supporting Documentation: Ordinance Detail by Account ORDINANCE 26-007 AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 1 TO THE 2026 BUDGET BE IT ORDAINED by the City of Brookings, South Dakota: WHEREAS, State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it comes due. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager be authorized to make the following budget adjustments to the 2026 budget: General Fund Department Budgetary Account Account Description Budget Increase Non-Departmental Expense 101-405-5-422-03 Consulting Expense $256,880.00 Human Resources 101-414-5-422-03 Consulting & Engineering $ 15,000.00 Human Resources 101-414-5-422-07 Contracted Services $ 10,000.00 Information Technology 101-416-5-421-00 Insurance $ 17,500.00 Information Technology 101-416-5-422-07 Contracted Services $ 14,500.00 Information Technology 101-416-5-427-02 Registration & Training $ 5,000.00 Information Technology 101-416-5-428-01 Telephone $ 6,800.00 Information Technology 101-416-5-429-09 Miscellaneous $ 1,000.00 Information Technology 101-416-5-940-00 Other Capital $ 38,000.00 Information Technology 101-416-5-950-01 Capital Less Than $5,000 $ 1,500.00 CITCO 101-420-4-441-08 Reimbursed Expense (Revenue) $547,840.80 CITCO 101-420-5-911-00 Buildings & Structures $1,053,540.00 Fire 101-422-5-425-05 Maintenance Buildings $ 17,500.00 Fire 101-422-5-426-03 General Supplies $ 10,200.00 Recreation 101-451-5-422-07 Contracted Services $ 95,000.00 Parks 101-452-5-930-00 Machinery & Equipment $ 14,500.00 Library 101-455-5-950-04 Audio / Visual Material $ 324.00 Appropriations / Subsidies 101-495-5-856-19 Human Rights Commission $ 7,965.00 Expense $1,565,209.00 Revenue $ 547,840.80 CIP Fund Department Budgetary Account Account Description Budget Increase Non-Departmental 213-400-5-367-01 Grant Expenditures $260,063.00 IT / Other Buildings 213-405-5-911-00 Buildings Sinking Fund $329,547.80 IT / Other Buildings 213-405-5-940-01 Capital $ 25,000.00 Fire 213-422-5-970-01 Fire Vehicles $ 23,213.45 Fire 213-422-5-970-02 Fire Equipment $ 40,000.00 Public Works 213-430-5-960-02 Street Curb & Gutter $ 10,000.00 Public Works 213-430-5-960-03 Infrastructure Maintenance $547,834.42 Public Works 213-430-5-970-03 Facilities $ 30,500.00 Street Division 213-431-5-970-02 Street Equipment $387,331.00 Street Division 213-431-5-970-03 Street Facilities $100,000.00 Parks 213-450-5-960-03 Infrastructure Maintenance $110,957.85 Parks Equipment 213-450-5-970-02 Parks Equipment $ 60,000.00 Parks 213-450-5-970-03 Parks Facilities $881,737.43 Library 213-455-5-940-01 Library Capital $393,179.36 TOTAL $3,199,364.31 Other Funds Department Budgetary Account Account Description Budget Increase Dacotah Bank Center 224-000-5-940-01 Capital $137,181.53 Storm Drainage 282-000-5-980-00 Storm Sewer Improvements $705,685.35 3B 284-000-5-856-29 Special Initiatives $164,463.00 3B 284-0005-856-65 Promotion of City $101,000.00 20th Street Interchange 528-000-4-441-08 Reimbursed Expense (Revenue) $316,215.00 20th Street Interchange 528-000-5-422-03 Consulting / Engineering $372,318.30 Public Safety Center 531-000-5-422-03 Consulting / Engineering $360,164.00 Detention Basin 534-000-5-433-01 Project Expenses $143,182.00 Fire Facility 535-000-5-422-03 Consulting & Engineering $913,913.00 Fire Facility 535-000-5-433-01 Project Expenses $5,388,307.00 Landfill 625-000-5-422-02 Contracted Services $ 13,520.00 Landfill 625-000-5-911-00 Buildings & Structures $300,000.00 Expense $8,599,734.18 Revenue $ 316,215.00 Transfers Between Funds Fund Budgetary Account Account Description Budget Increase General Fund 101-000-7-899-05 Transfer Out $6,302,220.00 Fire Facility 535-000-5-700-00 Transfer In $6,302,220.00 CIP Fund 213-440-7-899-03 Transfer Out $137,182.00 Dacotah Bank Center 224-000-5-700-04 Transfer In $137,182.00 All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: February 24, 2026 SECOND READING: March 10, 2026 PUBLISHED: March 13, 2026 CITY OF BROOKINGS, SD _______________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________ Bonnie Foster, City Clerk General Fund Carry ForwardsDepartment General Ledger AccountGeneral Ledger Account DescriptionItem/Project Description Amendment Requested ItemizationsNon-Departmental Expense 101-405-5-422-03 Consulting Expense Code Enforcement/Consulting 256,880.00$ Information Technology 101-416-5-421-00 Insurance Initiatives to continue decreasing Cybersecurity Insurance Costs17,500.00$ Information Technology 101-416-5-422-02 Contracted Services Anti-ransomware Initiatives/cybersecurity14,500.00$ Information Technology 101-416-5-427-02 Registration & Training In-classroom training and certifications 5,000.00$ Information Technology 101-416-5-428-01 Telephone PD CDJS Compliance, continuing 2FA. 6,800.00$ Information Technology 101-416-5-429-09 Miscellaneous Anti-ransomware Initiatives/cybersecurity1,000.00$ Information Technology 101-416-5-940-00 Other Capital phone system updates/upgrades 38,000.00$ Information Technology 101-416-5-950-01 Capital Less than $5,000 Anti-ransomware Initiatives/cybersecurity1,500.00$ CITCO 101-420-5-911-00 Buildings & Structures Chiller Project 1,053,540.00$ CITCO 101-420-4-441-08 Reimbursed Expense Chiller Project 547,840.80$ Fire 101-422-5-425-05 Maintenance buildings Generator17,500.00$ Fire 101-422-5-426-03 General Supplies Thermal Cameras 10,200.00$ Recreation 101-451-5-422-07 Contracted Services Facilities Consulting 95,000.00$ Library 101-455-5-950-04 Audio/Visual Material Line Item Budget Correction 324.00$ Appropriations/Subsidies 101-495-5-856-19 Human Rights Commission 2027 Action Plan 7,965.00$ Total General Fund Carry Forwards2,073,549.80$ General Fund New InitiativesDepartment General Ledger AccountGeneral Ledger Account DescriptionItem/Project Description Amendment Requested ItemizationsHuman Resources 101-414-5-422-03 Consulting & Engineering Employee Survey Update 15,000.00$ Human Resources 101-414-5-422-07 Contracted Services Random Drug Testing 10,000.00$ Parks 101-452-5-930-00 Machinery & Equipment14,500.00$ Snow blower with Truck Chute7,500.00$ Improved Padding at Bob Shelden 7,000.00$ Total General Fund New Initiatives39,500.00$ Total General Fund Expenditures1,565,209.00$ Total General Fund Revenues547,840.80 CIP Fund Carry ForwardsDepartment General Ledger Account General Ledger Account Description Item/Project Description Amendment Requested ItemizationsNon-Departmental 213-400-5-367-01 Grant Expenditures Downtown Incentives 260,063.00$ IT/Other Buildings 213-405-5-911-00 Buildings Sinking Fund329,547.80$ IT/Other Buildings 213-405-5-940-01 Capital Nutanix Node 25,000.00$ Fire 213-422-5-970-01 Fire Vehicles Upfit new vehicle 23,213.45$ Fire 213-422-5-970-02 Fire Equipment Radios 40,000.00$ Public Works 213-430-5-960-02 Street Curb & Gutter ICAP Sidewalk Program 10,000.00$ Public Works 213-430-5-960-03 Infrastructure Maintenance Engineering Projects 547,834.42$ Public Works 213-430-5-970-03 Facilities CD/Engineering Suite Remodel 30,500.00$ Street Division 213-431-5-970-02 Street Equipment Equipment Purchases 387,331.00$ Upfitting Sign Truck - Truck amount carried forward in encumbrances 37,331.00$ Tandem Axle Truck - Ordered/pending delivery 300,000.00$ Sander - Ordered/pending delivery 50,000.00$ Street Division 213-431-5-970-03 Street Facilities Facility Repairs 100,000.00$ 213-450-5-960-03 Infrastructure Maintenance 110,957.85$ ParksTrail Work50,000.00$ Public Works20th Street South Shared Use Path60,957.85$ Parks 213-450-5-970-03 Parks Facilities881,737.43$ Splash Pad pushed to 2026 688,000.00$ Remaining skate park budget 154,350.00$ DNP wood resealing - delayed due to securing a contractor. 25,000.00$ Remaining for pool filter - invoice pending 14,387.43$ Library 213-455-5-940-01 Library Capital393,179.36$ Remaining Bathroom Project & Furniture 96,056.36$ Roof Project - Amount based on proposal received. 297,123.00$ Total CIP Carryforwards3,139,364.31$ CIP Fund New InitiativesDepartment General Ledger Account General Ledger Account Description Item/Project Description Amendment Requested ItemizationsParks Equipment 213-450-5-970-02 Parks Equipment Infield Groomer 60,000.00$ Total CIP New Initiatives60,000.00$ Total CIP Fund3,199,364.31$ Other Funds Carry ForwardsFund General Ledger Account General Ledger Account Description Item/Project Description Amendment Requested ItemizationsDacotah Bank Center 224-000-5-940-01Capital137,181.53$ Cleaning equipment 2,916.61$ Trash cans 7,500.00$ Crack Sealing 5,000.00$ Ceilings and Walls 24,352.20$ Unit Heaters 24,470.00$ Water Heaters38,550.00$ Exterior Storage 15,000.00$ Other Carry Forward 19,392.72$ Storm Drainage 282-000-5-980-00Storm Sewer Improvements Dunhams Channel, 15th & 7th 705,685.35$ 3B 284-000-5-856-29Special Initiatives Economic Development Merger 164,463.00$ 20th Street Interchange 528-000-4-441-08Reimbursed Expense (Revenue) 20th Street Interchange 316,215.00$ 20th Street Interchange 528-000-5-422-03Consulting/Engineering 20th Street Interchange 372,318.30$ Public Safety Center 531-000-5-422-03Consulting/Engineering Public Safety Center 360,164.00$ Detention Basin 534-000-5-433-01Project Expenses Detention Basin 143,182.00$ Fire Facility 535-000-5-422-03Contracted Services Fire Facility 913,913.00$ Fire Facility 535-000-5-433-01Project Expenses Fire Facility 5,388,307.00$ Landfill 625-000-5-422-02Contracted Services BMU Surcharge for leachate 13,520.00$ Landfill 625-000-5-911-00Buildings & Structures Remaining costs for Leachate Force Main 300,000.00$ Total Other Funds Carry Forwards Expense 8,498,734.18$ Revenue 316,215.00$ Other Funds New InitiativesFund General Ledger Account General Ledger Account Description Item/Project Description Amendment Requested Itemizations3B 284-000-5-856-65Promotion of City Software Program 11,000.00$ 3B 284-000-5-856-65Promotion of City Bridge Lights 90,000.00$ Total Other Funds New Initiatives 101,000.00$ Total Other FundsRevenue 316,215.00$ Expense 8,599,734.18$ Total All Funds: Revenue 864,055.80$ Expense 13,364,307.49$ 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 26-008,Version:1 Introduction and First Reading on Ordinance 26-008, an Ordinance Amending Chapter 94, Article VI, Division 5, Section 94-473, Related to Projecting Signs in the Business B-1 Central District. Public Hearing and Action: March 10, 2026. Summary and Recommended Action: The proposed Ordinance would allow one projecting sign for every 25-feet of street frontage facing a public street in the Business B-1 Central District. The current ordinance allows only one projecting sign per face regardless of the width of the building. Staff recommends approval. The Planning Commission voted 9-0 to recommend approval. Attachments: Memo Ordinance - clean Ordinance - marked Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: February 24, 2026 / March 10, 2026 Subject: Ordinance 26-0078: Amendments to Chapter 94, Article VI, Division 5, Sec. 94-473: Projecting Signs Presenter: Mike Struck, Community Development Director Summary and Recommended Action: The proposed Ordinance would allow one projecting sign for every 25-feet of street frontage facing a public street in the Business B-1 Central District. The current ordinance allows only one projecting sign per face regardless of the width of the building. Staff recommends approval. The Planning Commission voted 9-0 to recommend approval. Item Details: Staff was asked to consider allowing additional projecting signage rights for downtown buildings. A projecting sign is any sign affixed at an angle or perpendicularly to the wall of any building in such a manner as to be read perpendicularly or at an angle to the wall on which it is mounted. This does not include wall signs which are allowed separately as a percentage of the building face and must be affixed parallel to the wall. Projecting signs are allowed in all of the business zoning districts, with one per face limitation. Downtown lots were platted at 25-feet in width along Main Avenue. However, over time businesses expanded into adjacent lots, merging buildings and creating single building faces with greater than 25-feet in width. As an example, 314 Main Avenue and 316 Main Avenue are now one building face sitting on two 25-foot lots for a total building face width of 50-feet. As Code is currently written, one projecting sign would be allowed for the building face. Had the building maintained separate 25-foot building faces, each would be allowed a separate projecting sign. In this particular example, a variance was granted in 2017 to allow a second projecting sign. 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 - clean Ordinance - marked Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes ORDINANCE 26-008 AN ORDINANCE AMENDING CHAPTER 94, ARTICLE VI, DIVISION 5, SECTION 94-473 RELATED TO PROJECTING SIGNS IN THE BUSINESS B-1 CENTRAL DISTRICT BE IT ORDAINED by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. Chapter 94 – Zoning Article VI. – Supplemental Regulations Division 5 – Signs Sec. 94-473. Tables. Table Notes: (a) The sign area for this sign shall be applied to the maximum allowable wall area from Table 3. (b) One sign shall be permitted for each building face fronting a public street. In the Business B-1 Central District, one sign shall be permitted for each 25 -feet of building face fronting a public street. (c) Allowed as per subsections 94-470(ed), (f) and (g). (d) Exception allowed as per subsections 94-470(e), (f) and (g). (e) See subsection 94-470(h). II. All ordinances and parts of ordinances in conflict herewith are hereby repealed. FIRST READING: February 24, 2026 SECOND READING: March 10, 2026 PUBLISHED: March 13, 2026 CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk Created: 2025-10-16 14:22:46 [EST] (Supp. No. 20) Page 1 of 2 Sec. 94-473. Tables. TABLE 4 NUMBER AND DIMENSIONS OF CERTAIN SIGNS BY SIGN TYPE Sign Type Number Allowed Maximum Sign Area (square feet) Vertical Clearance From Sidewalk (feet) Horizontal Clearance From Curb (feet) Freestanding Area identification 1 per entrance Billboard Bulletin board Ground Incidental 4 Outdoor menu board Pylon Residential See Table 3 Building Awning(a) 8 2 Awning, electric(a) 8 2 Banner, wall(a) Building marker 1 per building 4 Canopy(a) 8 2 Identification 1 per building Marquee(a) 8 2 Projecting(b) 1 per bldg. face 48 10 2 Roof(a) 1 per building Roof, Integral(a) 2 per building Suspended 1 per entrance 8 Wall(a) Wall, painted(a) Window Miscellaneous Banner(c) 2 40 (each) 8 2 Banner, Pole 8 2 Flag 8 2 Inflatable(c) 1 100 Pennant(c) Portable(c) 1 32(d) Temporary(e) 2 16 (each) Created: 2025-10-16 14:22:46 [EST] (Supp. No. 20) Page 2 of 2 Table Notes: (a) The sign area for this sign shall be applied to the maximum allowable wall area from Table 3. (b) One sign shall be permitted for each building face fronting a public street. In the Business B-1 Central District, one sign shall be permitted for each 25-feet of building fronting a public street. (c) Allowed as per subsections 94-470(e), (f) and (g). (d) Exception allowed as per subsections 94-470(e), (f) and (g). (e) See subsection 94-470(h). 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 A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Article VI, Division 5, Sec. 94-473 of the Zoning Ordinance pertaining to the number of allowed projecting signs on a building face in the Business B-1 Central District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, March 10, 2026 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 27th day of February, 2026. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Article VI, Division 5, Sec. 94-473 of the Zoning Ordinance pertaining to the number of allowed projecting signs on a building face. NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, February 3, 2026 in the Chambers Room on the third floor of the Brookings City and 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 20th day of January, 2026. Ryan Miller City Planner Planning Commission Brookings, South Dakota February 3, 2026 OFFICIAL MINUTES Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday, February 3, 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 and Roger Solum. Debra Spear was present via conference call. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Mason Winterboer, Kyle Rausch, Matt Weiss, Sandra Callies, Justin Bucher, Wade Price and Jason Peterson from the public. Item #6c – The City of Brookings has submitted a proposal for the amendment of Chapter 94, Article VI, Division 5, Sec. 94-473 - projecting signs in the Business B-1 Central District to allow one projecting sign for every 25-feet of street frontage facing a public street. The current ordinance allows only one projecting sign per face regardless of the width of the building. Staff recommends approval. (Hinrichs/Schmeichel) Motion to approve the ordinance amendment. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6c – The City of Brookings has submitted a proposal for the amendment of Chapter 94, Article VI, Division 5, Sec. 94-473 - projecting signs in the Business B-1 Central District to allow one projecting sign for every 25-feet of street frontage facing a public street. The current ordinance allows only one projecting sign per face regardless of the width of the building. Hinrichs asked what the maximum number of signs downtown would be if every business maximized their sign allowance. Miller used an example of two 25-foot building faces that were combined into one building face that would require a variance for a second sign under the current ordinance whereas, with the amendment, a second sign would be allowed by right on a 50-foot face. He went on to say that most downtown businesses have a 25-foot face so there are not many cases where the amendment would apply. Limmer asked for clarification on when a second sign would be allowed. Miller detailed that one sign would be allowed on building faces up to 25-feet and a 26-49 foot face would allow up to two projecting signs. Jamison asked if this would apply to corner lots. Miller confirmed that it would. Jamison requested the wording be changed to account for multilevel businesses. Miller referenced 94- 473.b and asked if that was what Jamison was requesting. Jamison said it was similar. Limmer asked how often this variance has been requested. Miller stated that the example property is the only one that has currently requested it. Struck discussed multitenant buildings becoming more common and referred to a restriction on the percentage of the face that could be covered with signage. Limmer asked how projecting signs interacted with the overall allowable signage. Miller stated that they increase the overall allowable signage. 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 26-009,Version:1 Introduction and First Reading on Ordinance 26-009, an Ordinance Amending Chapter 6, Section 6- 8, and Chapter 74, Section 74-40 of the Code of Ordinances of the City of Brookings. Second Reading and Action: March 10, 2026. Summary and Recommended Action: Staff recommends approval of the proposed amendments to Chapter 6, Section 6-8, and Chapter 74, Section 74-40, of the City Code of Ordinances pertaining to alcoholic beverages sales and consumption guidelines within the public right-of-way, and regulations pertaining to outdoor food and beverage service and dining areas. Attachments: Memo Ordinance - clean Ordinance - marked Parklet Application Parklet Design Check List City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Samantha Beckman, Assistant City Manager Council Meeting: February 24, 2026 Subject: Ordinance 26-009: amending Chapter 6, Section 6-8, and Chapter 74, Section 74-40 Presenter: Bonnie Foster, City Clerk Samantha Beckman, Assistant City Manager Summary and Recommended Action: Staff recommends approval of the proposed amendments to Chapter 6, Section 6-8, and Chapter 74, Section 74-40, of the City Code of Ordinances pertaining to alcoholic beverage sales and consumption guidelines within the public right-of-way, and regulations pertaining to outdoor food and beverage service and dining areas. Item Details: In 2024, a pilot Parklet Program was created, which allowed Wooden Legs Brewing Company to establish a parklet in parking stalls adjacent to their business for a period of up to two years while the city evaluated the pilot program. The Parklet Pilot Program was a success, and well-received by the Brookings community. Due to the program’s success, the pilot Parklet Program will end early, and action will be taken to implement Code changes to Chapter 6, Section 6-8, and Chapter 74, Section 74-40 pertaining to alcoholic beverages sales and consumption guidelines within the public right-of-way, and regulations pertaining to outdoor food and beverage service and dining areas. A parklet is a small seating area or green space created as a public amenity on or alongside a sidewalk or walkway, especially in a roadside parking space adjacent to an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. Any holder of an operating agreement, on-sale malt beverage license, or on-sale wine license may apply for a sidewalk café or parklet permit as long as they meet code requirements. Legal Consideration: None. Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: Parklet Application Fee: $250 annual fee Sidewalk Sales Application Fee: $100 annual fee Supporting Documentation: Ordinance – clean Ordinance – marked Parklet Application Parklet Design Checklist ORDINANCE 26-009 AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.8, and CHAPTER 74, SECTION 74-40 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, as follows: I. That Chapter 6, Article I, Section 6-8 shall be amended as follows: Section 6-8. Alcoholic beverage sales and consumption guidelines within public right-of-way. (a) General provisions. 1) Any holder of an operating agreement, on-sale malt beverage license or on- sale wine or farm wine license may apply for a sidewalk café or parklet permit for the sale and consumption of alcoholic beverages which the licensee is authorized to sell on or within the sidewalk, walkway, or parking stalls subject to a public right-of-way immediately adjacent to and abutting a licensed premises. 2) The hours of authorized patron use within the sidewalk, walkway, or parking stalls subject to a public right-of-way as provided by this section shall not be outside the hours regulated by SDCL Title 35. Patrons must vacate the dining areas by 10:00 PM. 3) The hours of authorized alcoholic beverage sales and consumption are regulated by state law [SDCL] Title 35-4-81.2. 4) A violation of any provision of [SDCL] Title 35 by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of-way pursuant to this section constitutes a violation of [SDCL] Title 35 as if the violation had occurred in or on the licensed premises. 5) Sidewalk cafes and parklets must be returned to their previous conditions after permitted timeframe at the applicant’s expense. (b) Definition. • Sidewalk café. A sidewalk café is an outdoor area located on a public sidewalk or walkway which is immediately adjacent to and/or abutting the licensed premises which is operated and maintained by an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. • Parklet. A parklet is a small seating area or green space created as a public amenity on or alongside a sidewalk or walkway, especially in a roadside parking space adjacent to an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. (c) Applicable procedure for sidewalk cafés. 1) An application for a sidewalk café permit shall be filed with the city clerk. There is an annual application fee of $100.00. The application shall include a site plan which identifies the location of tables, chairs, umbrellas, trash receptacles, heaters and barricades. 2) a. The location of the sidewalk café must be directly in front of the business operating the café, and may not extend beyond the side property lines. No part of the sidewalk café should impede, endanger or interfere with pedestrian traffic, with a minimum width of four feet of unobstructed passage. b. Physical barricades are required if alcoholic beverages are sold at the sidewalk café. 3) All services provided to sidewalk café patrons as well as all patron activity must occur within the designated sidewalk café area. No alcoholic beverages may be stored or mixed in the sidewalk café. 4) The permit holder is responsible for proper supervision of the sidewalk café in order to ensure the requirements of this section are met. 5) Every sidewalk café permit holder shall furnish a certificate of insurance proving commercial general liability insurance coverage against claims for injury or damages to persons or property in the amount of at least $1,000,000.00 single limit and $1,000,000.00 aggregate. The City of Brookings shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk café. In the event that the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. 6) To the extent applicable, sidewalk cafés must adhere to all regulations of the city pertaining to food and beverage service as set forth in section 74 -40. 7) All permit holders are required to abide by all federal, state, and local laws. 8) A sidewalk café permit may be revoked for failure to maintain the standards required for the initial permit. A notice of intent to revoke a sidewalk café permit shall be given in writing ten days prior to actual revocation and shall specify the area or areas of continued failure to maintain application conditions the city may have imposed. If, during that period, proof of compliance is made by the holder of the permit, the city may allow the permit to be continued. (d) Applicable procedure for parklets. (1) An application for a parklet permit shall be filed with the city clerk. There is an annual application fee of $250.00. The application shall include a site plan which identifies the location of tables, chairs, umb rellas, trash receptacles, heaters and barricades. (2) a. The location of the parklet must be directly in front of the business operating the parklet, and may not extend beyond the side property lines. No part of the parklet should impede, endanger or interfere with pedestrian traffic, with a minimum width of four feet of unobstructed passage. b. Parklets are not permitted on Main Avenue or any streets designated as arterial or collector outside of the central business district. c. Physical barricades are required if alcoholic beverages are sold at the parklet. (3) All services provided to parklet patrons as well as all patron activity must occur within the designated parklet area. No alcoholic beverages may be stored or mixed in the parklet. (4) The permit holder is responsible for proper supervision of the parklet in order to ensure the requirements of this section are met. (5) Every parklet permit holder shall furnish a certificate of insurance proving commercial general liability insurance coverage against claims for injury or damages to persons or property in the amount of at least $1,000,000.00 single limit and $1,000,000.00 aggregate. The City of Brookings shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a parklet. In the event that the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. (6) To the extent applicable, parklets must adhere to all regulations of the city pertaining to food and beverage service as set forth in section 74 -40. (7) All permit holders are required to abide by all federal, state, and local laws. (8) A parklet permit may be revoked for failure to maintain the standards required for the initial permit. A notice of intent to revoke a parklet permit shall be given in writing ten days prior to actual revocation and shall specify the area or areas of continued failure to maintain application conditions the city may have imposed. If, during that period, proof of compliance is made by the holder of the permit, the city may allow the permit to be continued. AND Chapter 74, Section 74-40 be amended as follows: Section 74-40. Regulations pertaining to outdoor food and beverage service and dining areas. 1) Definition. • Sidewalk café. A sidewalk café is an outdoor area located on a public sidewalk or walkway which is immediately adjacent to and/or abutting the licensed premises which is operated and maintained by an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. • Parklet. A parklet is a small seating area or green space created as a public amenity on or alongside a sidewalk or walkway, especially in a roadside parking space adjacent to an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. 2) Outdoor sales and service of food, beverages and outdoor dining upon any public right-of-way in the central business district are subject to the regulations set forth in this subdivision. These services are not permitted on Main Avenue or any streets designated as arterial or collector outside of the central business district. 3) An application for a sidewalk café or parklet permit shall be filed with the city clerk. There is an annual application fee of $100 for a sidewalk café permit and $250 for a parklet permit. The applications shall include a site plan which identifies the location of tables, chairs, umbrellas, trash receptacles, heaters and barricades. 4) No alcoholic beverages may be sold, served or consumed on a sidewalk unless a license for sidewalk café or parklet sales has been issued pursuant to applicable law. 5) No part of the outdoor food or beverage sales and/or outdoor dining shall impede, endanger or interfere with pedestrian traffic, with a minimum width of four feet of unobstructed passage. 6) No fixtures or devices upon which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. Exemptions may be allowed on a case-by-case basis. 7) No part of the outdoor food or beverage sales and/or outdoor dining shall block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage. No part of the outdoor food or beverage sales and/or outdoor dining shall have sharp edges, protrusions or other features which may be hazardous to the public. 8) The hours of operation for a temporary vendor are regulated by division 2 of this article. 9) All tables, chairs, benches, signs, food and beverage carts and equipment used for food and beverage sales or consumption must be secured so that they may not be dislodged during windy or stormy weather. 10) The hours of authorized alcoholic beverage sales and consumption are regulated by state law [SDCL] Title 35-4-81.2. 11) A violation of any provision of [SDCL] Title 35 by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of- way pursuant to this section constitutes a violation of [SDCL] Title 35 as if the violation had occurred in or on the licensed premises. II. Any or all Ordinances in conflict herewith are hereby repealed. FIRST READING: February 24, 2026 SECOND READING: March 10, 2026 PUBLISHED: March 13, 2026 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Application Sidewalk Café Alcohol Sales Parklet Alcohol Sales 520 3rd St, Suite 230, Brookings, SD 57006 Phone: (605) 692-6281 www.cityofbrookings-sd.gov The undersigned makes application for a Sidewalk Café or Parklet Alcohol Sales Permit under provisions of Chapter 6, Section 6-8 of the City of Brookings Code of Ordinances. Applicant Qualifications: Any holder of an operating agreement, on-sale malt beverage license or on-sale wine license may apply for a sidewalk café or parklet permit for the sale and consumption of alcoholic beverages which the licensee is authoized to sell on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that license holder meets the qualifications under Section 6-8. Business Name: ______________________________________________________ Representative’s Name: ______________________________________________________ Address/Location: ______________________________________________________ Phone Number: ______________________________________________________ Alcohol License Number(s): ______________________________________________________ Food License Number: ______________________________________________________ Submitting Application For: Sidewalk Café ($100 annual fee) Parklet ($250 annual fee) Application Submittal Requirements: A. For both sidewalk café and parklet permits, the following are required: a. Fee. An annual fee in the amount of $100.00 for sidewalk sales alcohol permits and $250.00 for parklet alcohol permits payable to the City of Brookings filed with the City Clerk. b. Insurance. Furnish a certificate of insurance proving commercial insurance coverage of at least $1,000,000 for bodily injury, death, disability, and property damage liability. The City of Brookings shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk café or parklet. In the event that the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. The permit holder shall immediately notify the city clerk if insurance under this provision is revoked and shall not serve or allow alcoholic beverages to be consumed until insurance is reinstated in accordance with this requirement. c. Alcohol Requirements. Physical barricades are required if alcoholic beverages are sold at the sidewalk café/parklet. All services provided to sidewalk café/parklet patrons as well as all patron activity must occu r within the designated sidewalk café/parklet area. No alcoholic beverages may be stored or mixed in the sidewalk café/parklet. The permit holder is responsible for proper supervision of the sidewalk café/parklet in order to ensure compliance with Section 6-8. B. For Sidewalk Sales permits, the following are also required: a. Site Plan. Furinsh a site plan identifying the location of tables, chairs, umbrellas, trash receptacles, heaters and barricades in compliance with the following requirements: i. The location of the sidewalk café must be directly in front of the business operating the café, and may not extend beyond the side property lines. No part of the sidewalk café should impede, endanger or interfere with pedestrian traffic, with a minimum width of four (4) feet of unobstructed passage. ii. No fixtures or devices on which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. Exemptions may be allowed on a case-by-case basis. The property owner is responsible for the restoration of the sidewalk or public right-of-way if any damage is caused by the sidewalk café. Physical barriers may not exceed four feet in height. iii. Lighting for the sidewalk café is subject to approval during the permitting process. Tabletop lighting may include candles and battery-operated fixtures. b. Notification. Notification of adjacent property owners is required. Please provide evidence of notification. C. For Parklet permits, the following are also required: a. Site Plan. Furnish a site plan identifying the location of the parklet, tables, chairs , umbrellas, trash receptacles, steps/ramps, heaters and barricades in compliance with the following requirements: i. The location of the parklet must be directly in front of the business operating the parklet, and may not extend beyond the side property lines. No part of the parklet should imede, endanger or interfere with pedestrian traffic with a minimum width of four (4) feet of unobstructed passage. ii. Parklets are not permitted on Main Avenue. iii. Parklets must meet the requirements of the Parklet Design Check List. See Attachment “A” below. b. Pavement Condition Assessment. The Public Works – Engineering Division will conduct a pavement condition assessment before and after the parklet is installed to note any damages. The Applicant will be responsible for any damages incurred to the public right-of-way. c. Utilization/Hours of Operation. Parklets may only be utilized between April 15 and October 15 of each year (pending snow events). d. Notification. Notification of property owners whose property either abuts are is immediately across the street from the business requesting the permit is required. Please provide evidence of notification. D. Compliance Requirements: a. Permit holders must ensure that the requirements for operation are met. These include: i. Patrons must wear shoes and shirts at all times. ii. All sidewalk cafés and parklets must maintain at least one opening for ingress and egress at all times. All sidewalk cafes and parklets shall abide by all requirements of the currently adopted International Building Code and the American’s with Disabilities Act. iii. To the extent applicable, sidewalk cafes and parklets must adhere to all regulations of the City pertaining to food and beverage services as set forth in Ordinance Sections 6-8 and 74-38 to 40. iv. All areas within and surrounding a sidewalk café or parklet must be maintained in a clean, neat and sanitary condition. b. All permit holders shall be required to abide by all federal, state, and local laws. c. The hours of authorized alcoholic beverage sales and consumption are regula ted by state law [SDCL] Title 35. Patrons must vacate parklet or sidewalk dining areas by 10:00PM. E. Revocation. A sidewalk café or parklet permit may be revoked for failure to maintain the standards required for the inital permit. A notice of intent to revoke a sidewalk café or parklet permit shall be given in writing ten (10) days prior to actual revocation and shall specify the area or areas of continued failure to maintain conditions the city may have imposed. If, during that period, proof of compliance is made by the holder of the permit, the city may allow the permit to continue. F. Please attach site plan and any other additional details to the application upon submittal. Acknowledgements. The Application and any permit issued constitute a contract between the undersigned applicant and the City of Brookings. The undersigned applicant agrees to comply with all provisions of Chapter 6 (pertaining to Alcoholic Beverages) of the Brookings Code of Ordinances and Chapter 35 of the South Dakota Codified Laws, which pertain to the sale and consumption of alcoholic beverages. The undersigned Applicant expressly agrees that violations of the provisions of Chapter 6, or failure to comply therewith, constitutes casue for revocation or suspension of the permit issued pursuant to this Application or for refusal to renew the permit upon expiration thereof. By approval of this permit, the City of Brookings assumes no liability for any damages or injuries suffered due to the sidewalk café or parklet at the above location. Applicant agrees to permit the City to periodically verify the accuracy of information contained in this Application and agrees to provide information requrested to verify the accuracy of the information and the Certifications contained in this Application. I have read and fully understand the attached rules and regulations applying to the approval of this license. Dated _____________, 20____ By: ______________________________________________ Return completed application to: Bonnie Foster, City Clerk 520 3rd St., Suite 230, Brookings, SD 57006 (605) 697-8641 bfoster@cityofbrookings-sd.gov (TO BE COMPLETED BY CITY STAFF) Reviewed by (in this order): ADA Coordinator: ____________________________________ Public Works – City Engineer: ____________________________________ Public Works – Street Manager: ____________________________________ Public Works – Director: ____________________________________ Community Development Department: ____________________________________ Fire Department: ____________________________________ City Clerk’s Office: ____________________________________ FYI Notification to: Police Department, City Manager’s Office, Brookings Municipal Utilities SIDEWALK ALCOHOL SALES PERMIT PARKLET ALCOHOL SALES PERMIT _________ APPROVE _________ DISAPPROVE (State reason if disapproved and return to applicant) The following restrictions were imposed: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Date of Application: ______________________ City Council Action Date: ______________________ Date Notification Sent: ______________________ Edited 2/2026 - 1 Parklet Design Check List – City of Brookings, SD THE PARKLET MUST MEET THE FOLLOWING CRITERIA: Location/Dimensions (Engineering/Building Services):  A parklet may not be located within parking spaces designated for accessible parking.  Must be located at least ten (10) feet away from the nearest intersection/driveway/alley and twenty-five (25) feet from the intersection of two streets (Ordinance 94-407).  Have a minimum of a eighteen (18) inches buffer space from the drive lane. Utilize barriers such as planters or barricades to protect the patrons.  Cannot occupy more than three full parking spaces without advance approval from the City Public Works – Engineering Division and City Administration.  Cannot be located within forty (40) feet of a bus stop.  A minimum of one table per parklet must be ADA accessible; preferred would be to have the structure be flush with the sidewalk or a ramp for ADA accessibility. If utilizing ramps, slope surfaces must meet City Code of Ordinances.  Provide entrance on the sidewalk-facing edge and restrict any potential ingress/egress on all street and parking sides.  The parklet must not impede curbside storm drainage. It is up to the business owner to make sure storm drainage is not blocked by the parklet for the duration of the season.  Remain clear, unobstructed sightlines to and from the street. Sightlines must be drawn into site plan.  Must maintain a minimum of four (4) feet from building to parklet.  Meets all applicable requirements contained within the City’s Code of Ordinances.  Parklets are not permitted on Main Avenue or collector or arterial streets (except within the central business district).  Any other criteria deemed necessary by the City of Brookings. ________________________ Materials (Building Services/Engineering):  Parklets must be a constructed, elevated structure.  Parklet furniture must be of commercial grade and designed durably. The furniture needs to either be built into the parklet or be removed/locked together at night.  Parklets need to be constructed out of durable and stable all-weather materials. Parklets must be able to withstand high wind speeds. Permanent anchors with detachable bolts which may be reinserted into the pavement each season are acceptable. Exemptions may be allowed on a case-by-case basis.  Parklets must include vertical elements which alert vehicles to their presence, such as posts or bollards, and include materials which create a protective enclosure around the perimeter. Edited 2/2026 - 2  Utilization of reflective materials will need to be included on the exterior perimeter of the parklet for vehicle and pedestrian safety.  Lighting/Electricity – Battery lighting and speakers are allowed, however there will be no electricity run from the business to the parklet. All lighting shall not interfere with vehicular traffic or residential dwellings. • Acceptable Materials:  Structure: ▪ Deck Structure/Elevated Surface (shall be able to handle a load of 100 pounds/square foot  Wood decking  Composite decking (wood and plastic)  PVC Decking  Pedestal and Paver System  Other __________________  Safety Barrier:  Metal Railing  Planters  Other ___________________  Deflectors  Precast Concrete Planters  Flexible Delineator  Vertical Barricade  Reflective Water Barrel  Other ______________________  Site Furnishings:  Tables, Chairs, and Benches not permanently affixed.  Powder-coated metal  Finished wood  Sturdy composite or molded plastic  Molded resin  Umbrellas (be sure they do not obstruct traffic sightline)  Solar/Battery Lighting (no electricity to parklet)  Propane Heaters  Other _______________________  Prohibited Materials - Wood pallets - Paint on any street or sidewalk surface Edited 2/2026 - 3 - Carpet - Snow fence - Traffic cones - Folding traffic barricades - Chain link fence - Chain rails - Unfinished wood (unless on a planter box)  Any other criteria deemed necessary by the City of Brookings. _____________________ Time of Year (City Clerk):  Utilization: o The parklet may only be utilized between April 15 and October 15 of each year (pending snow events). Between October 16 and April 14, the business is responsible for storing the parklet and restoring the area to such a condition that it may be used for its designated purpose.  Parklet materials and furniture must be stored off-site after the October 15 expiration date.  If supplying alcohol in the parklet:  A designated walkway for transportation of alcohol must be physically identified (i.e. markings on sidewalk, arrows, etc.). Customers are allowed to carry alcohol across the sidewalk and into the parklet as long as they remain within the designated walkway permitted for the movement of alcohol. o The business will be solely responsible for all activities within the parklet and any violations are subject to Title 35 regulations. o Alcohol service hours may begin in compliance with SDCL Title 35. Patrons must vacate the parklet by 10:00 PM. o Any time more than 20 people occupy a parklet serving alcohol, the parklet area shall be staffed so the area is supervised. Neighborhood/Public Support (City Clerk):  Must have written consent from all neighbors who abut and are directly across from. Edited 2/2026 - 4 Notification of Adjacent Property Owners (i.e. businesses and neighbors) Name Address Signature Date City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0064,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License, for KJN Investments LLC, dba Shorty’s Burgers & Brew to be located at 1224 6th Street, Suite A. Summary and Recommended Action: The City of Brookings has received a request for a new On-Off Sale Malt License, from KJN Investments LLC, dba Shorty’s Burgers & Brew, Joshua and Kimberly Nelson, owners. Staff recommends approval. Attachments: Memo Malt License: SDCL and City Code Video Lottery: SDCL and Administrative Rule Legal Notice Location Map City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: February 24, 2026 Subject: On-Off Sale Malt License: KJN Investments LLC, dba Shorty’s Burgers & Brew Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: The City of Brookings has received an application for a new On-Off Sale Malt License, from KJN Investments LLC, dba Shorty’s Burgers & Brew, Joshua and Kimberly Nelson, owners. Staff recommends approval. Item Details: Owners, Joshua and Kimberly Nelson, have applied for an On-Off Sale Malt License for their proposed location at 1224 6th Street, Suite A. Legal description: Lot 1a, Block 4, Hill Park Addition, to the City of Brookings, Brookings County, South Dakota. A public hearing and action by the local governing body is required. This license would be effective upon State Department of Revenue approval and license issuance, and subject to an annual renewal. There are no Video Lottery authorizations available at this time. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: License Fee (Malt): $300 ($150 to the City / $150 to the State of South Dakota) Supporting Documentation: Memo Malt License: City Code and SDCL Video Lottery: SDCL and Administrative Rule Legal Notice Location Map MALT LICENSES: BROOKINGS CITY CODE and SDCL REFERENCES City Code of Ordinances Chapter 6, Article 2, Section 6-42. Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35-2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SD Codified Law References: SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county in which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35-4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one-third of licenses available is not in the public interest. Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. SDCL 35-2-6.2 Character requirements for licenses. Any licensee under this title shall be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers of the corporation shall meet the same qualifications.” Source: SDC 1939, §§ 5.0204 (10) (c), 5.0303 (2); SDCL §§ 35-4-26, 35-6-4; SL 1971, ch 211, § 25; SL 2018, ch 213, § 22. VIDEO LOTTERY STATE STATUES AND ADMINISTRATIVE RULE SDCL 42-7A-1. Definitions. Terms used in this chapter mean: (6) "Licensed establishment," a bar or lounge owned or managed by an individual, partnership, corporation, or association licensed to sell alcoholic beverages for consumption upon the premises where sold; SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing, and consumption of alcoholic beverages on the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section. No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section. SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited-- Placement in bar or lounge with on-sale license. The placement of video lottery machines in licensed establishments shall be subject to the rules of the commission promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on-sale license issued pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one years of age or older. The entrance to the area where video lottery machines are located shall display a sign that the premises are restricted to persons twenty-one years or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty- one may only enter the premises where video lottery machines are located provided they are accompanied by a parent, guardian, or spouse of twenty-one years or older. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on- sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): 1) The number of establishments currently licensed for video lottery; 2) The proximity of the business to other establishments licensed for video lottery; 3) The type of business and manner in which the applicant proposes to operate it; 4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5) The extent to which minors frequent a business connected to the one proposed; and 6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. ADMINISTRATIVE RULES: 48:02:11:01. Location of machines in establishment. All video lottery machines in licensed establishments must be physically located as follows: 1) In the sight and control of the owner, manager, or an employee of the licensed establishment from the location at which alcoholic beverages are dispensed; 2) In an area where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 3) In an area that ensures public access to the machines is restricted to persons legally entitled by age to be on the premises; 4) In an area which is at all times monitored by the owner, manager, or employee of the licensed establishment to prevent access or play of video lottery machines by persons under the age of 21. 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. 48:02:05:05. Duties of licensed establishments. Specific duties of owners, managers, and designated employees of licensed establishments are as follows: 1) Provide a secure premise for the placement, operation, and play of video lottery machines; 2) Permit no one to tamper with or interfere with the approved operation of any video lottery machine; 3) Ensure that communication lines to the video lottery machines are at all times connected and prevent any person from tampering or interfering with the approved, continuing operation of the lines; 4) Contract only with persons authorized under this title to directly share in revenues generated from net machine income; 5) Ensure that video lottery machines are placed and remain as placed within the sight and control of the owner, manager, or designated employee while engaging in the actual dispensing of alcoholic beverages from the location where alcoholic beverages are dispensed; 6) Ensure that video lottery machines are placed and remain as placed in the specific area of the licensed establishment where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 7) Monitor video lottery machines to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated; 8) Commit no violations of the laws of this state concerning the sale, dispensing, and consumption on premises of alcoholic beverages that results in suspension or revocation of its license; 9) Maintain at all times change and cash in the denominations accepted by the video lottery machines located in the establishment; 10) Extend no credit for video lottery machine play; 11) Pay all credits upon presentment of a valid winning ticket in accordance with SDCL 42-7A-37 and chapter 48:02:12; 12) Exercise caution and good judgment in providing cash for checks presented for video lottery machine play; 13) Report promptly all malfunctions of video lottery machines to the operator and notify the lottery of an operator's failure to provide service and repair of machines and associated equipment as required under this title; 14) Conduct advertising and promotional activities of the video lottery in accordance with decency, dignity, honesty, and good taste so that it does not reflect adversely on the lottery or the state of South Dakota; 15) Install, post, and display prominently at locations within or about the premises signs, redemption information, and other promotional material as required by the lottery. Use of the trademarked video lottery logo must be approved by the lottery; 16) Immediately notify operators of all out-of-service machines; and 17) Immediately notify the lottery of an operator's failure to respond within 24 hours after notice to the operator of an out-of-service machine. NOTICE OF PUBLIC HEARING Issuance of On-Off Sale Malt and On-Off Sale Wine Licenses – KJN Investments LLC, dba Shorty’s Burgers & Brew NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of Brookings, South Dakota, on February 24, 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 for an On-Off Sale Malt License and an On-Off Sale Wine License for KJN Investments LLC, dba Shorty’s Burgers & Brew, Joshua and Kimberly Nelson, owners, 1224 6th Street, Suite A, Brookings, South Dakota. Legal description: Lot 1A, Block 4, Hill Park 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 13th day of February, 2026. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ Brookings County, SD Developed by Parcel ID 402450040000105 Sec/Twp/Rng -- Property Address  Alternate ID n/a Class NADC Acreage n/a Owner Address CD PROPERTIES LLC 302 32ND AVE S BROOKINGS SD 57006 District 4001 Brief Tax Description HILL PARK ADDN, LOT 1A BLK 4 73,572 SF (Note: Not to be used on legal documents) Date created: 2/13/2026 Last Data Uploaded: 2/13/2026 1:05:47 AM 139 ft Overview Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 26-010,Version:1 Public Hearing and Action on Resolution 26-010, a Resolution authorizing the City Manager to enter into a 10-year On-Sale Wine Operating Agreement with KJN Investments LLC, dba Shorty’s Burgers & Brew, owners Joshua and Kimberly Nelson. Summary and Recommended Action: Staff recommends approval of the proposed Resolution authorizing the City Manager to enter into a 10-year On-Sale Wine Operating Agreement, with a 5-year mid-term renewal, with owner Joshua and Kimberly Nelson,KJN Investments LLC, dba Shorty’s Burgers & Brew. Location: 1224 6th Street, Suite A Legal Description: Lot 1A, Block 4, Hill Park Addition Attachments: Resolution Operating Agreement Location Map Legal Notice City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: February 24, 2026 Subject: Resolution 26-010: On-Sale Wine Operating Agreement, 10- year Agreement – KJN Investments LLC, dba Shorty’s Burgers & Brew 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 Wine Operating Agreement, with a 5-year mid-term renewal, with owners Joshua and Kimberly Nelson, KJN Investments LLC, dba Shorty’s Burgers & Brew. Item Details: Owners, Joshua and Kimberly Nelson, KJN Investments LLC, dba Shorty’s Burgers & Brew, has applied for a new On-Off Sale Wine License. Location: 1224 6th Street, Suite A Legal Description: Lot 1A, Block 4, Hill Park Addition 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 Fee: $500, payable to the City of Brookings Supporting Documentation: Resolution Operating Agreement Location Map Legal Notice RESOLUTION 26-010 ON-SALE WINE OPERATING AGREEMENT – 10-YEAR AGREEMENT KJN Investments LLC, dba Shorty’s Burgers & Brew BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby approves an Operating Alcohol Management Agreement for Wine between the City of Brookings and owners Joshua and Kimberly Nelson, KJN Investments LLC, dba Shorty’s Burgers & Brew, 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: Lot 1A, Block 4, Hill Park 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 24th day of February, 2026. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE WINE OPERATING AGREEMENT – 10-year KJN Investments LLC, dba Shorty’s Burgers & Brew 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 owners Joshua and Kimberly Nelson, KJN Investments LLC, dba Shorty’s Burgers & Brew, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement, and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: Lot 1A, Block 4, Hill Park 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 Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including 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 c onditions 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 se parate 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 24th 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 402450040000105 Sec/Twp/Rng -- Property Address  Alternate ID n/a Class NADC Acreage n/a Owner Address CD PROPERTIES LLC 302 32ND AVE S BROOKINGS SD 57006 District 4001 Brief Tax Description HILL PARK ADDN, LOT 1A BLK 4 73,572 SF (Note: Not to be used on legal documents) Date created: 2/13/2026 Last Data Uploaded: 2/13/2026 1:05:47 AM 139 ft Overview Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads NOTICE OF PUBLIC HEARING Issuance of On-Off Sale Malt and On-Off Sale Wine Licenses – KJN Investments LLC, dba Shorty’s Burgers & Brew NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of Brookings, South Dakota, on February 24, 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 for an On-Off Sale Malt License and an On-Off Sale Wine License for KJN Investments LLC, dba Shorty’s Burgers & Brew, Joshua and Kimberly Nelson, owners, 1224 6th Street, Suite A, Brookings, South Dakota. Legal description: Lot 1A, Block 4, Hill Park 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 13th day of February, 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 #:RES 26-019,Version:1 Action on Resolution 26-019, a Resolution Amending the Consolidated Fee Schedule. Summary and Recommended Action: Staff recommends approval of the proposed Resolution to amend the 2026 Consolidated Fee Schedule to establish a $1.25 per pound fee for electronics waste (e-waste) at the Brookings Regional Landfill. Attachments: Memo Resolution City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: February 24, 2026 Subject: Resolution 26-019: Consolidated Fee Schedule Amendment Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of the proposed Resolution to amend the 2026 Consolidated Fee Schedule to establish a $1.25 per pound fee for electronics waste (e- waste) at the Brookings Regional Landfill. Item Details: The Brookings Regional Landfill has historically accepted electronic waste (e-waste). The Landfill has now secured a vendor to provide responsible collection, transport, and recycling of e-waste. This necessitates the implementation of a $1.25 per pound fee for e-waste disposal to recover processing costs and promote proper disposal practices. Beyond cost recovery, this change also serves to extend the operational life of the landfill by removing bulky electronics from the waste stream and reduce the risk of landfill fires. All revenues collected will support vendor processing and operational expenses related to electronics collection. Staff will continue to review the fee annually to ensure alignment with market conditions and program costs. Legal Consideration: None. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: This user fees will recover the costs associated with e-waste recycling and disposal. Supporting Documentation: Resolution RESOLUTION 26-019 RESOLUTION AMENDING THE CONSOLIDATED FEE SCHEDULE WHEREAS, the adopted Municipal Code and City Policies make references to fees charged; and W HEREAS, it is prudent that the fees be reviewed for cost effectiveness. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby adopts the following amendment to the Consolidated Fee Schedule: Landfill Electronics Waste (e-waste) $1.25 per pound Passed and Approved this 24th 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 #:ID 26-0076,Version:1 Action on a Preliminary Plat of Block 1 of South Haven Addition. Summary and Recommended Action: PMVK LLC has submitted a Preliminary Plat of Block 1 of South Haven Addition. Staff recommends approval. The Planning Commission voted 9-0 to recommend approval. Attachments: Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Preliminary Plat Zoning Map City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: February 24, 2026 Subject: Preliminary Plat: Block 1, South Haven Addition Presenter: Mike Struck, Community Development Director Summary and Recommended Action: PMVK LLC has submitted a Preliminary Plat of Block 1 of South Haven Addition. Staff recommends approval. The Planning Commission voted 9-0 to recommend approval. Item Details: The proposed South Haven Addition includes roughly seven acres currently comprised of Outlots C, D, E, F, G, H, I and J in the Northwest Quarter of the Southeast Quarter of Section 11, Township 109 North, Range 50 West. The outlots were historically occupied by the South Brook Mobile Home Park which has since been abandoned. The owner intends to replat the outlots into one parcel, Block 1 of South Haven Add ition for future redevelopment. The outlots are all zoned Business B-3 Heavy district with Outlot J being most recently rezoned in 2024. The proposed 6.6-acre Block 1 meets the requirements of the B-3 District, and includes sufficient area for the required minimum setbacks. Because the preliminary plat shows just one parcel (Block 1), any subsequent subdivisions of Block 1 into lots will require a revised preliminary plat. The remaining 0.4-acres of the original area is proposed as a 30-foot right-of-way to extend the private street Kalani Place to Main Avenue South. The proposed right-of- way does not meet the city’s requirements for street width. The Development Review Team (DRT) recommended this additional section of Kalani Place be platted and maintained as a private street. Additionally, the DRT recommended the widening of the Main Avenue South right-of-way from 33-feet to 40-feet in order to meet the minimum requirements for an 80-foot arterial street right-of-way. An existing utility easement runs through the middle of the future Block 1 along with utility easements along the north property line and a portion of the west property line. Additional easement needs will be reviewed during the final platting review. Preliminary grading, drainage and utility plans were submitted along with the preliminary plat. The property is not located within a floodway or floodplain. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None Supporting Documentation: Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Location Map Preliminary Plat Zoning Map 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. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN that PMVK Limited LLC has submitted a preliminary plat on the following real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Outlots C, D, E, F, G, H, I and J of the Northwest Quarter of the Southeast Quarter in Section 11, Township 109, Range 50 to be preliminary platted as Block 1 of South Haven Addition. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, February 24, 2026, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 13th day of February, 2026. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN that PMVK Limited LLC has submitted a preliminary plat on the following real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Outlots C, D, E, F, G, H, I and J of the Northwest Quarter of the Southeast Quarter in Section 11, Township 109, Range 50 to be preliminary platted as Block 1 of South Haven Addition. NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, February 3, 2026, in the Chambers Room on the third floor of the Brookings City and 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 20th day of January, 2026. Ryan Miller City Planner Planning Commission Brookings, South Dakota February 3, 2026 OFFICIAL MINUTES Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday, February 3, 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 and Roger Solum. Debra Spear was present via conference call. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Mason Winterboer, Kyle Rausch, Matt Weiss, Sandra Callies, Justin Bucher, Wade Price and Jason Peterson from the public. Item #6b – PMVK LLC has submitted a Preliminary Plat of Block 1 of South Haven Addition. Staff recommends approval with the conditions that Kalani Place must be a private roadway and Main Avenue South right-of-way must be increase to 40-feet. (Hinrichs/Schmeichel) Motion to approve the preliminary plat including staff recommendations. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6b – PMVK LLC has submitted a Preliminary Plat of Block 1 of South Haven Addition. Staff recommends approval with the conditions that Kalani Place must be a private roadway and Main Avenue South right-of-way must be increase to 40-feet. Price, applicant, and Peterson, civil engineer, were available for questions. Peterson stated that the applicant was accepting of the staff recommendations. Location Map Parcels 1/21/2026, 2:22:58 PM 0 0.06 0.110.03 mi 0 0.09 0.170.04 km 1:4,514 ArcGIS Web AppBuilder OUTLOT 15OUTLOT 16OUTLOT 17OUTLOT 18LOT CVOS S - K N E I P F I R S T A D D NLOT 1YUNGINGER ADDNOUTLOT BBLOOMENRADER ADDNB LOC K 2 B LOCK 4 B LOCK 1 B LOC K 3 OUTLOT K570.5'30.0'570.5'504.3'30.0'570.5'252.1' 252.1'Preliminary PlatBLOCK 1 OF SOUTH HAVEN ADDITION AND KALANI PLACE RIGHT-OF-WAY, ALL IN THE NW 1/4 OFTHE SE 1/4 OF SECTION 11, T109N, R50W OF THE 5TH P.M., BROOKINGS COUNTY, SOUTH DAKOTANORTHNORTHof No:Sheet No:609 Main Ave SBrookings, SD605-696-3200Date:Scale:Checked By:Drawn By:CDI Project No.CAD Filename:P:\Brookings Projects\2025-029 PMVK Properites - VIP Main Ave Storage\Design\Preliminary Design\2025-029 Preliminary Design_Option 3 7-21-25.dwg, Prelim Plat, 2/12/2026 4:36 PM, Jason PetersenPMVK Properties - VIP StoragePreliminary Design2025-029JLUJDP1" = 80'2/12/20261540080Scale: 1" = 80'204010136JASON D.PETERSENREG. NO.SOUTH DAKOTA PRELIMINARYKalani Pl (Private)40th StMain Ave S Ashton Ave 30.0'ROW20.0'Setback 20.0' Setback Section Line Property LineProperty LineOwner/Developer: PMVK Limited LLC 611 6th St Brookings, SD 57006 Ph. 605.690.0618Surveyor: Civil Design Inc. 609 Main Ave. S. Brookings, SD 57006 Ph. 605.696.3200Legal Description: Block 1 of South Haven Addition andKalani Place Right-of-Way, All in theNW 1/4 of the SE 1/4 of Section 11,T109N, R50W of the 5th P.M., Brookings County, South Dakota.15.0' Utility Easement 5.0' UtilityEasement20.0' UtilityEasement 10.0' Utility Easement5.0' UtilityEasementZoning: Joint Jurisdiction - B-3SetbacksFront: 20 feetRear: 20 feetSide: 5 feetBuffer Yard - Adjacent to Joint Jurisdiction R-3AType C: Minimum Buffer to Structure = 30-ftPlantings per 100 lineal feet of Bufferyard = 6 trees and14 shrubs50.0'ROW Monument RecoveredMonument Set1700Existing ContoursSITE LEGENDBLOCK 1SOUTH HAVEN ADDITION(6.6 Ac ±)Voss-Kneip First Add'n - Block 2Zoned JJ-R3AVoss-Kneip First Add'n - Block 1Z o n e d J J - R 3 A 30.0'Bufferyard Setback33.0'Ex. ROW20.0' Setback40.0'Prop.ROW XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXC12'' PVC10'' PVC12'' PVC18'' RCP ARCH1595159415941595 1595159515951595159415931593 1594 15941594 15951595 159315941593159215941593159415941593 1592 1595159315931594 159215941593159215931594 15911592159315931594 1593 159015911592159010'' PVC10'' PVCOUTLOT 15OUTLOT 16OUTLOT 17OUTLOT 18LOT CVOS S - K N E I P F I R S T A D D NLOT 1YUNGINGER ADDNOUTLOT BBLOOMENRADER ADDNB LOC K 2 B LOCK 4 B LOCK 1 B LOC K 3 OUTLOT K1593 Preliminary Grading PlanBLOCK 1 OF SOUTH HAVEN ADDITION AND KALANI PLACE RIGHT-OF-WAY, ALL IN THE NW 1/4 OFTHE SE 1/4 OF SECTION 11, T109N, R50W OF THE 5TH P.M., BROOKINGS COUNTY, SOUTH DAKOTANORTHNORTHof No:Sheet No:609 Main Ave SBrookings, SD605-696-3200Date:Scale:Checked By:Drawn By:CDI Project No.CAD Filename:P:\Brookings Projects\2025-029 PMVK Properites - VIP Main Ave Storage\Design\Preliminary Design\2025-029 Preliminary Design_Option 3 7-21-25.dwg, Prelim Plat - Grading Plan, 2/12/2026 4:36 PM, Jason PetersenPMVK Properties - VIP StoragePreliminary Design2025-029JLUJDP1" = 80'2/12/20262540080Scale: 1" = 80'204010136JASON D.PETERSENREG. NO.SOUTH DAKOTA PRELIMINARYProposedBuilding54'x220'ProposedBuilding54'x220'ProposedBuilding48'x219.3'Proposed Building 30'x200'FutureBuilding48'x203.3'Main Ave S Ashton Ave33.0'Ex. ROW20.0' Setback30.0'ROW20.0'Setback 30.0'Bufferyard Setback20.0' Setback Section Line Property LineProperty LineFuture Building 25'x136' Proposed Building 30'x200' Proposed Building 25'x200' Future Building 30'x136' Future Building 30'x136'ProposedBuilding54'x220'ProposedBuilding54'x220'ProposedBuilding48'x219.3'ProposedBuilding48'x219.3'Area to be Developed First40th St50.0'ROW SITE LEGEND1606Existing Contours1606Proposed Contours40.0'Prop.ROWKalani Pl (Private) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXC12'' PVC10'' PVC12'' PVC18'' RCP ARCH10'' PVC10'' PVCOUTLOT 15OUTLOT 16OUTLOT 17OUTLOT 18LOT CVOS S - K N E I P F I R S T A D D NLOT 1YUNGINGER ADDNOUTLOT BBLOOMENRADER ADDNB LOC K 2 B LOCK 4 B LOCK 1 B LOC K 3 OUTLOT K Preliminary Drainage PlanBLOCK 1 OF SOUTH HAVEN ADDITION AND KALANI PLACE RIGHT-OF-WAY, ALL IN THE NW 1/4 OFTHE SE 1/4 OF SECTION 11, T109N, R50W OF THE 5TH P.M., BROOKINGS COUNTY, SOUTH DAKOTANORTHNORTHof No:Sheet No:609 Main Ave SBrookings, SD605-696-3200Date:Scale:Checked By:Drawn By:CDI Project No.CAD Filename:P:\Brookings Projects\2025-029 PMVK Properites - VIP Main Ave Storage\Design\Preliminary Design\2025-029 Preliminary Design_Option 3 7-21-25.dwg, Prelim Plat - Drainage Plan, 2/12/2026 4:36 PM, Jason Petersen5Preliminary Design2025-029JLUJDP1" = 80'2/12/20263540080Scale: 1" = 80'204010136JASON D.PETERSENREG. NO.SOUTH DAKOTA PRELIMINARYProposedBuilding54'x220'ProposedBuilding54'x220'ProposedBuilding48'x219.3'Proposed Building 30'x200'FutureBuilding48'x203.3'Main Ave S40.0'ROW30.0'ROWSection Line SITE LEGENDProperty LineProperty Line60.0'21.0' Future Building 25'x136' Proposed Building 30'x200' Proposed Building 25'x200' Future Building 30'x136' Future Building 30'x136' 21.0'22.0'30.0'ProposedBuilding54'x220'ProposedBuilding54'x220'ProposedBuilding48'x219.3'ProposedBuilding48'x219.3'4' VGDrainage ArrowArea to be Developed FirstAshton Ave40th St50.0'ROW 1606Existing Contours1606Proposed ContoursKalani Pl (Private) FOFO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FOEEEEEEEEEEEEEEEEE EEEEEEEEE E E E E E XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXE E E E E E E E E E E E E E E E E E E EEEE EEEEEEEEEEEEEEEEEEE EEEEEEE EEEEEEXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXE EEEEEEGASGASGASGASGASGASGAS GAS GAS GAS GAS GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGAS EEEEEWWWWWWWWWWWWWWWWWWWWWWWWWWEEEFOFOFOFOFOFOEFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFO FO CEEEE E E E E E EFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOEEEEEEEEEEEEEEE MHMHMHMHMHMHMHSS SS SS SS SS SS SS SS SS SS SS SS SS SSMH MHSS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSMHEEWWWWWWWMH8'' SS8'' SS8'' SS8'' SS8'' SSMH8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS MH6'' SSW12'' PVCWW W W W W W W W W W W W W W W W W WW6'' SS6'' SS6'' SSWW6'' SS6'' SS10'' PVC12'' PVCFOFO FO FO FO FO FO FO FO18'' RCP ARCH10'' PVC10'' PVCSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSS SS SS SS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS OUTLOT 15OUTLOT 16OUTLOT 17OUTLOT 18LOT CVOS S - K N E I P F I R S T A D D NLOT 1YUNGINGER ADDNOUTLOT BBLOOMENRADER ADDNB LOC K 2 B LOCK 4 B LOCK 1 B LOC K 3 OUTLOT K Preliminary Utility PlanBLOCK 1 OF SOUTH HAVEN ADDITION AND KALANI PLACE RIGHT-OF-WAY, ALL IN THE NW 1/4 OFTHE SE 1/4 OF SECTION 11, T109N, R50W OF THE 5TH P.M., BROOKINGS COUNTY, SOUTH DAKOTANORTHNORTHof No:Sheet No:609 Main Ave SBrookings, SD605-696-3200Date:Scale:Checked By:Drawn By:CDI Project No.CAD Filename:P:\Brookings Projects\2025-029 PMVK Properites - VIP Main Ave Storage\Design\Preliminary Design\2025-029 Preliminary Design_Option 3 7-21-25.dwg, Prelim Plat - Utility Plan, 2/12/2026 4:36 PM, Jason PetersenPMVK Properties - VIP StoragePreliminary Design2025-029JLUJDP1" = 80'2/12/20264540080Scale: 1" = 80'204010136JASON D.PETERSENREG. NO.SOUTH DAKOTA PRELIMINARYProposedBuilding54'x220'ProposedBuilding54'x220'ProposedBuilding48'x219.3'Proposed Building 30'x200'FutureBuilding48'x203.3'Main Ave S33.0'ROW30.0'ROWSection Line SSWProposed WaterProposed Sanitary SewerSITE LEGENDProperty LineProperty LineFuture Building 25'x136' Proposed Building 30'x200' Proposed Building 25'x200' Future Building 30'x136' Future Building 30'x136'ProposedBuilding54'x220'ProposedBuilding54'x220'ProposedBuilding48'x219.3'ProposedBuilding48'x219.3'15.0' Utility Easement 5.0' UtilityEasement20.0' UtilityEasement 10.0' Utility Easement5.0' UtilityEasementMHProposed Fire HydrantProposed Sanitary ManholeArea to be Developed FirstAll service locations to beverified prior to installationAshton Ave40th St50.0'ROW Kalani Pl (Private)33.0'Ex. ROW40.0'Prop.ROW FOFO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FOEEEEEEEEEEEEEEEEE EEEEEEEEE E E E E E XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXE E E E E E E E E E E E E E E E E E E EEEE EEEEEEEEEEEEEEEEEEE EEEEEEE EEEEXXXXXXXXXXXXXXXXXXXXXXXXXE EEEEEEGASGASGASGASGASGASGAS GAS GAS GAS GAS GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGAS EEEEEWWWWWWWWWWWWWWWWWWWWWWWWEEEFOFOFOFOFOFOEFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFO FO CEEEE E E E E E EFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOEEEEEEEEEEEEEEE MHMHMHMHMHMHMHSS SS SS SS SS SS SS SS SS SS SS SS SS SSMH MHSS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSMHEEFOFO FO FO FO FO FO FO FO18'' RCP ARCHSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSS SS SS SS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS OUTLOT 15OUTLOT 16OUTLOT 17OUTLOT 18LOT CVOS S - K N E I P F I R S T A D D NLOT 1YUNGINGER ADDNOUTLOT BBLOOMENRADER ADDNB LOC K 2 B LOCK 4 B LOCK 1 B LOC K 3 OUTLOT K Preliminary Landscaping PlanNORTHNORTHof No:Sheet No:609 Main Ave SBrookings, SD605-696-3200Date:Scale:Checked By:Drawn By:CDI Project No.CAD Filename:P:\Brookings Projects\2025-029 PMVK Properites - VIP Main Ave Storage\Design\Preliminary Design\2025-029 Preliminary Design_Option 3 7-21-25.dwg, Prelim Plat - Landscaping Plan, 2/12/2026 4:36 PM, Jason PetersenPMVK Properties - VIP StoragePreliminary Design2025-029JLUJDP1" = 80'2/12/20265540080Scale: 1" = 80'204010136JASON D.PETERSENREG. NO.SOUTH DAKOTA PRELIMINARYProposedBuilding54'x220'ProposedBuilding54'x220'ProposedBuilding48'x219.3'Proposed Building 30'x200'FutureBuilding48'x203.3'40th StMain Ave S 30.0'ROW20.0'Setback 30.0'Bufferyard Setback20.0' Setback Section Line Proposed TreeProposed ShrubProposed Foundation PlantingSITE LEGENDProperty LineProperty LineBuffer Yard - B-3 Adjacent to Joint Jurisdiction R-3AType C: Minimum Buffer to Structure = 30-ftPlantings per 100 lineal feet of Bufferyard = 6 trees and14 shrubsBufferyard Length = 464-ftTrees = 28Shrubs = 65Note: This layout was not prepared by a landscapearchitect and is being provided for visual purposes. Thefinal layout and details shall be performed by alandscaper having knowledge and experienceperforming the work required to meet the CityLandscaping Ordinances.Proposed Building 30'x200' Proposed Building 25'x200' Future Building 30'x136' Future Building 30'x136'ProposedBuilding54'x220'ProposedBuilding54'x220'ProposedBuilding48'x219.3'ProposedBuilding48'x219.3'Voss-Kneip First Add'n - Block 2Zoned JJ-R3AVoss-Kneip First Add'n - Block 1Z o n e d J J - R 3 AYunginger Addition - Lot 1Zoned JJ-B3Area to be Developed FirstAshton Ave 50.0'ROW Kalani Pl (Private)33.0'Ex. ROW20.0' Setback40.0'Prop.ROW JJ-R3A JJ-R3A JJ-B3 JJ-B3 JJ-R3A JJ-R3A JJ-B3 JJ-B3 JJ-B3 JJ-R3A JJ-B3 Zoning Map Zoning JJ-A JJ-B3 JJ-R1B JJ-R3A 1/21/2026, 2:20:53 PM 0 0.06 0.110.03 mi 0 0.09 0.170.04 km 1:4,514 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 #:ID 26-0077,Version:1 Action on a Preliminary Plat of Lots 1 & 2 in Block 2, and Lots 1 - 3 in Block 3 of Legacy Addition. Summary and Recommended Action: Legacy Storage Condo LLC has submitted a Preliminary Plat of Lots 1 & 2, Block 2, and Lots 1 - 3, Block 3, Legacy Addition. Staff recommends approval. The Planning Commission voted 9-0 to recommend approval. Attachments: Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Preliminary Plat City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: February 24, 2026 Subject: Preliminary Plat: Lots 1 & 2, Block 2, and Lots 1 – 3, Block 3, all in Legacy Addition Presenter: Mike Struck, Community Development Director Summary and Recommended Action: Legacy Storage Condos LLC has submitted a Preliminary Plat of Lots 1 & 2 in Block 2 and Lots 1 - 3 in Block 3, all in Legacy Addition. Staff recommends approval. The Planning Commission voted 9-0 to recommend approval. Item Details: The proposed preliminary plat will create five new lots within two blocks of an extended phase of Legacy Addition. Block 1, Legacy Addition, was preliminary and final platted in 2025 and is located south of and separate from the proposed Blocks 2 and 3 along 34th Avenue. The full buildout of Legacy Addition will eventually connect Blocks 1, 2 , and 3 through future phases. Block 2, Legacy Addition, will include two lots zoned Industrial I-1 Light District. Lot 1 will be located at the corner of 34th Avenue and the proposed Mission Street. Lot 1 is 4.3 acres. Lot 2 will be located to the east of Lot 1 with access to the proposed Mission Street. Lot 2 is 2.5 acres. Block 3 will include three lots zoned Industrial I-1 Light District. Lot 1 will be located at the corner of 34th Avenue and the proposed Mission Street. Lot 1 will be 3 acres. Lots 2 and 3 will be located to the east of Lot 1 along the proposed Mission Street. Lots 2 and 3 will be 1.9 and 2 acres respectively. Mission Street is a proposed east-west street providing access to 34th Avenue. Mission Street will ultimately extend further into the Legacy Addition development to provide additional connectivity for future phases. The proposed 60-foot right-of-way width for Mission Street has been accepted by the Engineering Department. The developer has submitted preliminary grading, utility, and drainage plans for review. Water service is planned from 34th Avenue to serve the initial lots in Blocks 2 and 3. Sewer and storm water flows will run east and then south eventually flowing through a future street system in a future phase of Legacy Addition. Sewer will eventually flow out through Block 1 of Legacy Addition. Stormwater will flow to a future stormwater detention lot along Highway 14. Easements to protect the stormwater and sewer lines located beyond the preliminary plat area may be required if determined necessary by Brookings Municipal Utilities and the City Engineer. 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: Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Location Map Preliminary Plat 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. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN that Legacy Storage Condos LLC has submitted a preliminary plat on the following real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: A portion of Lot 1 of Clark 2nd Addition to be preliminary platted as Lots 1 – 2 in Block 2 and Lots 1 – 3 in Block 3 of Legacy Addition. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, February 24, 2026, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 13th day of February, 2026. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN that Legacy Storage Condos LLC has submitted a preliminary plat on the following real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: A portion of Lot 1 of Clark 2nd Addition to be preliminary platted as Lots 1 – 2 in Block 2 and Lots 1 – 3 in Block 3 of Legacy Addition. NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, February 3, 2026, in the Chambers Room on the third floor of the Brookings City and 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 20th day of January, 2026. Ryan Miller City Planner Planning Commission Brookings, South Dakota February 3, 2026 OFFICIAL MINUTES Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday, February 3, 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 and Roger Solum. Debra Spear was present via conference call. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Mason Winterboer, Kyle Rausch, Matt Weiss, Sandra Callies, Justin Bucher, Wade Price and Jason Peterson from the public. Item #6a – Legacy Storage Condo LLC has submitted a Preliminary Plat of Lots 1 & 2 in Block 2 and Lots 1 - 3 in Block 3 of Legacy Addition. Staff recommends approval with the condition that 34th Avenue right-of-way must be increased to 40-feet. (Schmeichel/Hinrichs) Motion to approve the preliminary plat including staff recommendations. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6a – Legacy Storage Condo LLC has submitted a Preliminary Plat of Lots 1 & 2 in Block 2 and Lots 1 - 3 in Block 3 of Legacy Addition. Staff recommends approval with the condition that 34th Avenue right-of-way must be increased to 40-feet. Bucher, project engineer, was available for questions. 32ND AVE6TH ST 32ND AVE32ND AVE32ND AVE32ND AVECAPITAL ST 6TH ST 34TH AVEUS HWY 1434TH AVE6TH ST 34TH AVE32ND AVE32ND AVE32ND AVELEFEVRE DR34TH AVE34TH AVE34TH AVE34TH AVELocation Map BrookingsCityLimits Parcels Brookings County Roads 1/22/2026, 4:41:11 PM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 ArcGIS Web AppBuilder OL FOL GOL BN443.9' OF S1073.7OF W594.5'EXCEPT OL AN444'OL AOL COL DOL BOL EBMU WTP ADDITIONTRACT 1OL FOL GOL BN443.9' OF S1073.7OF W594.5'EXCEPT OL AN444'OL AOL COL DOL BOL EBMU WTP ADDITIONTRACT 1LOT 1130,557± SF3.0± ACLOT 1188,242± SF4.3± ACLOT 285,235± SF1.9± ACLOT 2107,632± SF2.5± ACLOT 386,333± SF2.0± AC382'± 554'±325'±303'± 245'±231'±340'±340'±377'±348'±348'±333'±245'±251'± 317'±554'±21'±21'±340'±BLOCK 3BLOCK 2 X:\Files\24486-00\Design Phase\CADD\Sheet File\Legacy Industrial Park Prelim Plat - Partial.dwg;01/2026 ENG / ARCH:DESIGNER:TECHNICIAN:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE : REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342RE V I EW ON L YNOT FOR FORCONS TRUC T ION engineering a better communityJDBCRHJANUARY 202624486-00PRELIMINARY PLAT LEGACY BUSINESS PARK BROOKINGS, SD 1 OF 36TH ST/US HWY 14DEVELOPERLEGACY STORAGE CONDOS, LLCBRET VANDEN BOSCH1025 E COVEY CIRCLESIOUX FALLS, SD 57108ENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605) 692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORTAYLOR ARNDT, LSTAYLORA@BANNERASSOCIATES.COMEXISTING LEGALCLARK 2ND ADDITION LOT 1APPROXIMATELY 51.1± ACRESEXISTING PROPERTY LINELEGEND:VACATED PROPERTY LINEPROPOSED PROPERTY LINESETBACK LINEVICINITY MAPSCALE: NONE6TH ST.34TH AVE.PLATLOCATIONFLOOD PLAINNAT'L FLOOD INSURANCE PROGRAMMAP PANEL NO. 46011C0455DDATE:APRIL 23, 2025ZONE A: AREA WITH 1% ANNUAL CHANCE OF FLOODZONE X: AREA OF MINIMUM FLOOD HAZARDSECTION LINEQUARTER LINESECTION LINE PRELIMINARY PLATLEGACY ADDITION BLOCK 2 LOTS 1 & 2; BLOCK 3 LOTS 1-3;AN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTAB-3DENSITY(SQ FT)MIN. LOT AREA(SQ FT)MIN.LOTWIDTHMIN.FRONTYARDMIN.SIDEYARDMIN.REARYARDMAX.HEIGHTALL USES20 FT5FT*20 FT*60 FT* REFER TO SECTION 94-399.1 BUFFERYARDSNEW EASEMENT34TH AVESECTION LINEI-1DENSITY(SQ FT)MIN. LOT AREA(SQ FT)MIN.LOTWIDTHMIN.FRONTYARDMIN.SIDEYARDMIN.REARYARDMAX.HEIGHTALL USES20 FT20FT*20 FT*N/A* REFER TO SECTION 94-399.1 BUFFERYARDS60' ROW0100200 FTMISSION ST 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 26-0083,Version:1 Action on a Sales Tax Incentive Grant for Sequitor Edge LLC. Summary and Recommended Action: Sequitor Edge, LLC is requesting City Council approval of a Sales Tax Incentive Grant to support the redevelopment and expansion of an existing facility into a Tier III+ edge computing and colocation data storage facility within the SDSU Research Park. The project represents an over $41 million private investment and will generate long-term property tax growth, new municipal sales and property tax revenue, and high-wage technology employment. Attachments: Memo FAQs Presentation City of Brookings Printed on 2/19/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Sequitor Edge, LLC Council Meeting: February 24, 2026 Subject: Presentation and recommendation to approve a Sales Tax Incentive Grant to support the redevelopment and expansion of an existing facility into a Tier III+ edge computing and colocation data storage facility within the SDSU Research Park. Presenters: Victoria Blatchford, VP Business Development, Sequitor Edge, LLC Stephanie Mason, Business Development Director, Brookings Regional Growth Alliance Summary and Recommended Action: Sequitor Edge, LLC requests City Council approval of a Sales Tax Incentive Grant to support the redevelopment and expansion of an existing facility into a Tier III+ edge computing and colocation data storage facility within the SDSU Research Park. The project represents an over $41 million private investment and will generate long-term property tax growth, new municipal sales and property tax revenue, and high-wage technology employment. Sequitor Edge is requesting Sales Tax Incentives of $644,280 for the project. Item Details: Sequitor Edge is making a long-term infrastructure investment in Brookings to support secure digital services for regional research, healthcare, ag-technology, and advanced manufacturing users. As earlier as November 2025 the project has received formal support from the Research Park at SDSU Board of Directors and aligns with the City’s economic development goals related to technology diversification, tax base growth, and infrastructure-ready development. Sequitor Edge, LLC proposes the redevelopm ent and expansion of an existing facility located at 2324 Research Park Way, within the Research Park at South Dakota State University, into a Tier III+ edge computing and colocation data storage facility. The facility will provide secure, resilient, and low-latency digital infrastructure serving research institutions, healthcare systems, ag-technology firms, advanced manufacturing operations, and enterprise users. Initial Phase 1 buildout will support over 250 data cabinets, with infrastructure designed for phased expansion. The project represents an estimated $41 million private capital investment, including substantial upgrades to electrical, mechanical, cooling, security, and redundant systems required to meet Tier III+ standards. Initial operations will require approximately 2 MW of power, with long-term scalability up to 10 MW as demand increases. Cooling systems require a one-time fill of approximately 19,000–20,000 gallons, with minimal ongoing water use thereafter. Sequitor Edge will initially operate under a 75-year ground lease with an option to purchase. Upon purchase, the land and improvements will become fully assessed for property tax purposes. The requested incentive is a rebate of City sales tax paid on eligible construction and equipment purchases. The incentive does not involve upfront City expenditures and is reimbursed only after sales tax payments are verified. COSTS CITY TAX (2%) Building: $ Property Tax Rates Construction/ Renovations: $20,843,975 $416,880 Equipment: $11,370,000 $227,400 Other TOTAL: $41,697,617 $644,280 Legal Consideration: South Dakota Codified Law Chapter 10-46 authorizes municipalities to appropriate municipal sales tax revenues for economic development purposes, including the use of performance-based sales tax incentive grants, as implemented locally through City Policy CC-309. Strategic Plan Consideration: The project supports the City’s Economic Development Master Plan by:  Diversifying the local economy  Increasing the long-term property tax base  Attracting technology-based, non-retail investment  Supporting infrastructure-intensive development within the Research Park Financial Consideration: The incentive is funded solely from City sales tax revenue generated by the p roject. The City retains ongoing fiscal benefits beyond the incentive term through continued sales tax generation and increased property tax valuation. Supporting Documentation: Memo Proposal Presentation FAQs The Sequitor Advantage The Tier III + Edge + Colocation Data Center for Brookings, SD February 24, 2026 Data Center Comparison & Economic Impact The Tier III + Edge + Colocation Data Center Type Description Best For Limits Hyperscale / Big Data Centers Mega-facilities run by global tech giants; millions of servers; max efficiency & scale. Global platforms, mass storage, cloud backbone. Centralized in major metros, not local. Public Cloud Data Centers AWS, Azure, Google Cloud; on-demand virtual compute and storage. Scalability, flexibility, global deployment. Less direct control; dependent on provider policies and security. Colocation Data Centers (like Sequitor Edge) Secure server space; redundant power, cooling, connectivity, and security. Businesses wanting hardware control without building a facility. Companies must manage their own hardware. Edge Data Centers (Sequitor Edge focus)Distributed sites near users; local data processing for low latency with flexibility and security IoT, smart manufacturing, ag-tech, healthcare, fintech, autonomous systems.Private cloud/hybrid Smaller scale than hyperscale but complements them. Economic Impact for Brookings, SD. • Creates high-wage jobs in IT, cybersecurity, engineering, and operations. • Attracts anchor tenants & investment in healthcare, smart agriculture, smart manufacturing, finance and research. • Empowers industries and institutions with real-time analytics, automation, and secure data processing. • Enhances resilience by reducing reliance on distant hyperscale/cloud hubs. • Regional headquarters-Spoke and Hub model to serve Madison and Watertown, SD plus Marshall, MN. • Stimulates regional investment & construction through public-private partnerships. Sequitor Edge: A Tier III+ Edge + Colocation Hub anchoring growth, jobs, and innovation. Tier III Computing Center Differs hat does Tier III+ Edge Tier Description Uptime Examples Tier I Basic capacity, single path for power/cooling. Not redundant. 99.671% (~29 hrs downtime/year)Small businesses, simple IT rooms. Tier II Redundant components but single distribution path. Limited resilience. 99.741% (~22 hrs downtime/year)Regional offices, SMBs with moderate IT. Tier III Concurrently maintainable with N+1 redundancy. No downtime for maintenance. 99.982% (<1.6 hrs downtime/year)Banks, healthcare, logistics, government services. Tier IV Fully fault tolerant, multiple isolated systems. Highest availability. 99.995% (~26 mins downtime/year)Mission-critical operations (stock exchanges, military). Why Tier III + Edge? • Combines high availability of Tier III with low-latency edge capabilities. • Ideal for Brookings: supports real-time healthcare imaging, smart agriculture IoT, smart manufacturing and research. • Provides resilience and compliance without Tier IV cost. • A strategic balance: local performance + enterprise-grade reliability. Does Tier III+ Edge complement traditional models? • Works with Colocation (secure, controlled hosting) • Extends Public Cloud (low latency, local processing for a private cloud or hybrid cloud solution) • Complements Hyperscale (massive storage & compute) Sequitor Edge bridges these worlds with local reliability + global connectivity. Local Partner Bridging the Data Center Models Colocation Public Cloud Hyperscale Tier III + Edge Sequitor Edge Sequitor Edge combines: • Security & control of Colocation • Flexibility of Public Cloud • Scale of Hyperscale → Delivered locally in Brookings as a Tier III+ Edge facility. Building Solutions and Tech Infrastructure At Sequitor Edge, we are building the backbone of this new digital frontier. Our Next Generation Data Centers™are designed to meet the most demanding challenges of tomorrow, today. With cutting-edge technology and innovative engineering, we provide a robust, reliable infrastructure for storing and processing data at unprecedented speeds and security levels.Traditional data centers are no longer enough to support the explosive growth of modern digital applications. Sequitor Edge bridges the critical gaps with a revolutionary approach to data infrastructure. Hub and Spoke to serve more communities as if in their own backyards. •Brookings center hub to service spokes in Watertown, Madison and Marshall, MN Sequitor Edge customized services: 1.Co-Location for local businesses with high technology needs and scalability goals 2.Appliances as a Service: 1.Cybersecurity 2.AI Processors-lease and AI Pilot options 3.Hierarchical Data Storage 3.Design/Build or Build to Suit businesses own data centers. 4.Expert AI and Tech Consulting What is EDGE Computing? •An essential local business tool that delivers: o Hyper personalized technology and services o Low latency and high-reliability o Cutting edge infrastructure that keeps customers at the technology forefront o Unparalleled cybersecurity o Elevated market competitiveness EDGE Computing is NOT- •A hyperscale cloud campus •A massive data center complex •A cryptocurrency mining operation •A high-traffic or high-noise industrial facility •A huge power consumer •A huge water consumer This IS a purpose-built, regulated digital infrastructure designed for reliability, security, and long-term community value. Who Needs EDGE Computing? •Healthcare and Life Sciences •Financial services •Smart Manufacturing •Smart Agriculture •Research institutions and Higher Education •Public sector and government organizations •AI-driven and latency-sensitive workloads •Regulated Industries •Enterprise and mid-market organizations Businesses who need ever green technology and customized services with maximum security, super processing power and reliability of uptime. SEQUITOR EDGE •$20.8 million in construction and renovations •$11.3 million in taxable equipment purchases •2 megawatts of power •19,000–20,000 gallon system fill initially, average household use in operations state •4 New Jobs Created •$100,000 Average salary •Contracted local technical services BROOKINGS LOCATION PHASE 1 SEQUITOR EDGE -Located in the Research Park at SDSU 2324 Research Park Way building contracted to purchase and repurpose to Tier III facility. •Will conform to City zoning for planned modular expansion. •Negotiating 75 year lease with option to purchase land-lots 11 and 12 SEQUITOR EDGE CONSTRUCTION •Economic Output: $29.4 million •Use Tax: $227,000 •Tax Impact: $126,000 OPERATIONS ANNUALLY •Sales tax revenue: scaling from $1.9-$10.2 million over 5 years •Indirect jobs created: 2.66 •Labor Income: $543,000 •Value Added: $845,000 •Economic Output: $1.6 million •Tax Impact: $8,800 BROOKINGS LOCATION ECONOMIC IMPACT WHY BROOKINGS? •Regional Connectivity •Targeted Clients: •healthcare •ag-technology •manufacturing •education •research •Community •Utilities SITE SELECTION WHY SEQUITOR EDGE? •Master Plan Alignment •Targeted industry attraction •Use of public land •Filling a Business Need •Fully Employed Labor Market •Commercial Vacancy •Long-Term Economic Base Growth COMMUNITY IMPACT Thank You! vblatchford@sequitoredge.com | sequitoredge.com | +1 (605) 695-7204 “A local Tier III + Edge data center like Sequitor Edge functions as regional digital infrastructure—the same way highways once drove industrial expansion, advanced computing infrastructure now drives data-driven economic growth.” Frequently Asked Questions (FAQ) Sequitor Edge – Brookings, South Dakota What is Sequitor Edge? Sequitor Edge is a Tier III+ edge computing and colocation data center designed to provide secure, reliable digital infrastructure close to where data is created and used. Why locate this project in Brookings? Brookings is a strategic location that supports research, healthcare, ag-technology, manufacturing, and education while benefiting from strong utilities, workforce, and regional connectivity. Where is the project going to be in Brookings? Location selected is the vacant building at 2324 Research Park Way, Brookings, SD in the Research Park at South Dakota State University. Officially approved as a tenant of the Research Park in late October 2025. How much power will the data center use? The facility will start at a smaller scale and is planned to grow gradually to a maximum of approximately 10 megawatts over time—significantly smaller than hyperscale data centers. Will this project strain local utilities? No. Brookings Municipal Utilities has worked with Sequitor Edge for nearly a year. A Distribution Study has been completed with no concerns identified, and a Transmission Study is nearing completion with preliminary findings showing no issues supporting the project. How much water will the data center use? Sequitor Edge uses a closed-loop cooling system requiring a one-time fill of approximately 19–20 thousand gallons, followed by normal office-level water usage. Will the facility create noise issues for nearby areas? No. Noise levels will be comparable to existing manufacturing facilities in Brookings, primarily from chillers and backup generators, and will comply with local noise standards. Is this the same as a hyperscale data center? No. Sequitor Edge is intentionally right-sized. Hyperscale data centers often require hundreds of megawatts of power and millions of gallons of water per day; Sequitor Edge does not. Has the City been involved in site selection? Yes. Sequitor Edge has met twice with the City of Brookings Development Review Team—in August 2025 and January 2026—whose input was instrumental in identifying an appropriate site location. What are the benefits to the Brookings community? The project supports high-wage jobs, strengthens digital infrastructure, attracts research and business investment, and helps position Brookings for long-term economic growth. What happens next? Sequitor Edge will continue working with the City of Brookings, Brookings Municipal Utilities, and other stakeholders through the normal permitting, planning, and development process. Will the City receive sales tax revenue from the data center? Yes. Revenues generated by the Sequitor Edge data center in Brookings will be subject to the City of Brookings’ 2% municipal sales tax, creating an ongoing local revenue stream that helps support city services and infrastructure. What is the land ownership and tax status of the site? Sequitor Edge will initially operate under a 75-year ground lease with an option to purchase the five-plus-acre site. Once purchased, the land will become property-tax assessed, adding directly to the Brookings County tax base. How does the project impact property tax revenues? The project includes approximately $41 million in building renovation and expansion to convert the existing facility into a Tier III+ edge computing center. This investment will immediately increase the property’s assessed value. The existing building currently generates more than $29,000 per year in property taxes, which is expected to increase substantially as improvements are completed. What sales tax revenue could the project generate once operational? Once the Sequitor Edge data center is operational, revenues generated in Brookings will be subject to the City’s 2% municipal sales tax. Based on current projections, estimated gross revenues and corresponding taxable activity are as follows: • 2027: Approximately $1.9 million (operations beginning in Q2 2027) • 2028: Approximately $6.8 million • 2029: Approximately $8.8 million • 2030: Approximately $9.8 million • 2031: Approximately $10.0 million • 2032: Approximately $10.2 million These revenues translate into a recurring municipal sales tax benefit that grows as the facility reaches full operational scale, providing a long-term revenue source to support city services and infrastructure. Projected City of Brookings Sales Tax Revenue (2%) Year Projected Gross Revenue Estimated 2% City Sales Tax 2027* $1.9 million $38,000 2028 $6.8 million $136,000 2029 $8.8 million $176,000 2030 $9.8 million $196,000 2031 $10.0 million $200,000 2032 $10.2 million $204,000 *2027 reflects partial-year operations beginning in the second quarter. 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 26-0080,Version:1 City of Brookings Progress Report. Summary: Samantha Beckman, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Progress Report City of Brookings Printed on 2/26/2026Page 1 of 1 powered by Legistar™ ProgressReport February 2026 Public Works 2026 Projects •Routine Maintenance Projects •22nd Ave & 20th St S Intersection Widening Master Transportation Plan •Open House February 25, 4-6PM 520 Third Street, Council Chambers Airport •Snow Equipment Building •Fee and Rent Study Engineering Division •Community Policing o Hockey o Breakfast with Badges o Career Fair •Accident Reports Now Available Online! crashdocs.org Police Fire •Breakfast with Badges •Daktronics Tour •Pre-Build Designs •Update Wildland Brush Engines Library •Craft Swap •March 14 •Lucky Day Collection Public Works 2026 Projects •E-Waste Recycling Program •Solid Waste Master Plan Implementation Solid Waste Division •Community Garden Plots – Now Available •Peer City Learning •Seasonal Jobs – Now Available •Call for Volunteers o Wall that Heals June 11-14 o Phone: 605-692-2708 o www.cityofbrookings-sd.gov/913/Volunteer Parks, Recreation & Forestry Dacotah Bank Center •Take the Survey! •Upcoming Events o Ian Munsick – March 6 o Dwight Yoakam & ZZ Top: Dos Amigos Tour – March 26 o SDSU Jackrabbit Stampede Rodeo – April 10-11 o 38 Special – April 16