Commission - Regular Meeting

Thank you.

I'd like to call this meeting to order. Let's start by reading the pledge of allegiance. Welcome to this joint meeting of the Brookings County Commission and the Brookings City Council. Will the city clerk please take attendance for the council?

Mr. Deputy Mayor, there are six council members present this evening. Mayor Niemeyer is absent. And there are four county commissioners present with county commissioner Post absent.

Thank you. Item number three is the approval of the agenda. I'd like to entertain a motion from the council to approve the agenda. So moved. Second. Got a motion and a second. I'll turn it over to Commissioner Hostler now for county commission action.

I'd like to entertain a motion for the county commission to approve the agenda.

Approve baguette motion a second received all right are there any comments from the public on this evening's agenda Any comments from either the City Council or the County Commission All right hearing none will the city clerk please call the roll Avery all right Doran I Hager I specker I Chilton burn I Wendell I

Will the county please call roll?

Vanderwall?

Aye.

Miller? Aye. Jensen?

Aye.

Hostler? Aye. Motion carries.

All right, item four on the agenda is the item that's brought us here together this evening. It's item 4A, which is a public hearing and action on City of Brookings Ordinance 26-013 and Brookings County Commission Ordinance 2026-2028. APPENDIX A, JOINT ZONING ORDINANCE FOR THE CITY OF BROOKINGS AND BROOKINGS COUNTY. COMMUNITY DEVELOPMENT DIRECTOR MIKE STRUCK WILL REVIEW THIS ITEM.

MIKE? THANK YOU, MAYOR AND MEMBERS OF THE COUNCIL AND COUNTY COMMISSION. THE ORDINANCE BEFORE YOU TONIGHT IS AN AMENDMENT TO CHANGE THE PUBLICATION REQUIREMENTS FOR OUR JOINT ZONING ORDINANCE BETWEEN THE CITY AND COUNTY. staff is proposing that we change it to 10 days. That's consistent with state law. It also provides us a little bit of flexibility with our newspaper publications. They only publish twice a week. We ran into some scenarios where, you know, for whatever reasons, a notice maybe gets published. We've been trying to publish them 14 days, but it does give us that ability then to publish on Friday and still meet the 10-day requirement and it meets state statute. That's the only changes being proposed tonight. It does come to you with a unanimous recommendation from the Brookings County Planning Commission and a four to one approval from the City Planning Commission On approval of making this change with that I would stand for any questions you may have Thank you for that overview Mike I'd like to start by entertaining a motion from the City Council to approve ordinance 25 0 0 2 8 the moon second

Alright, I would entertain a motion from County Commission to approve ordinance 26-02 motion a second received Okay with both motions on the floor.

I'd like to open the public hearing on this item Is there any public comment on the ordinance? Hearing nothing from the public does the City Council or the County Commission have any questions or comments to share? Okay, hearing no questions or comments, I'd maybe just make one comment to echo something that Mike shared. This really aligns with existing state law, and now that the register is just publishing twice per week, it perhaps better meet some of those needs as well in the community. So appreciate this shift, and again, it just aligns with existing South Dakota state law. Thanks. Will the city clerk please call the roll?

Doran. Aye. Hager. Aye. Specker. Aye. Tiltonburn. Aye. Wendell.

Aye.

Avery.

Aye. Wood County, please call the roll.

Miller. Aye. Jensen. Aye. Vanderwall.

Aye.

Hostler.

Aye.

Motion carries.

Okay, the only item left on the agenda is item number five, which is adjournment. So I'd entertain a motion from the city council to adjourn this joint city council and county commission portion of the meeting.

So moved.

Second.

And I would also entertain a motion from the County Commissioner to adjourn the Joint City Council County Commission meeting. Motion adjourned.

Second.

Motion and second received.

All those in favor, respond by saying aye.

Aye.

Those opposed, same sign. Meeting adjourned. Convene at 6 o'clock in this room.

I'm sorry.

Okay, we're going to get started with our regular meeting agenda. For those of you that might just be joining us, we had a joint meeting with the Brookings County Commission that started at 530 and we handled sort of all of the initial order of business there at 530. So we did the Pledge of Allegiance then and we did the roll call then and so you won't be hearing that. Right now, we're going to move right into the regular meeting agenda. If you're watching at home, don't adjust your dial. The mayor is absent this evening, and so I'm filling in in his stead. The first item on our regular meeting agenda is item number six, which is the open forum. In order to provide equal access to all during the open forum and public comment portions of the meeting, each individual offering comment shall not exceed the allotted three minute period. The podium light turns green to yellow when there is one minute remaining. Your time for comment has expired when the podium light turns red. Is there any member of the public who wishes to address the council on an item not listed on this evening's agenda? Please come forward, speak into the microphone, introduce yourself, and share your address, if you will. Lower this a little bit.

How's that?

Sounds good.

My name's Luke Davidson. I'm a Brookings resident of 30 years. I'm here today to speak about a growing problem affecting some of the most financially vulnerable people in our community. Unpredictable, excessive rent increases in mobile home parks. To define the problem, some residents are seeing increases of 60%. Others are seeing multiple increases in one year due to being on month to month leases and due to their parks being bought and sold by ownership groups outside of Brookings and often outside of South Dakota. Trailers are one of the few paths to home ownership for low income people. They often own the home, but they almost always lease the land on a month to month basis. Moving a trailer is expensive, $20,000 in the case of a double wide. This is prohibitive as a family in this situation likely doesn't have that kind of liquid capital and cannot get a loan for the move and therefore is at the mercy of their landlords. There are also no new parks being developed and open spaces are limited to non-existent. Homeowners are essentially trapped. And add to this the fact that several parks have had BMU notices saying they cannot guarantee the safety of the drinking water in those parks, while the park owners have done nothing to signal they'll work to solve this problem, and we see a potential snowball effect. Folks outside of Brookings are buying and selling the various parks to make quick profits. Each time a park is sold, the rent increases, but the new owners provide no new services or benefits to the people living there. They often, in fact, see services decline. To point out the human impact, fixed and low income residents cannot absorb sudden increases and cannot afford to move. Lot rent is still lower than the cost of a two to three bedroom apartment, so selling their home and moving to a rental often is not an option. Families are being forced to choose between essentials and housing. This is a community-wide issue. It affects affordable housing stability for the entire city. These practices can lead to increased homelessness or displacement and abandonment of homes, as we're seeing in the trailer park across from Western Estates next to the new Starbucks. There are good actors. I live in Suddy Meadows, owned by the McClemmons family, and we are treated fairly. However, we still face housing uncertainty due to being on a month-to-month lease. We could be forced to move at any moment. Solutions. I had a long list of solutions until I discovered South Dakota law 6-1-13, which prohibits cities from controlling rent of private residential properties unless the city has a property interest. However, could the city buy a trailer park or two and use the income to pay off a loan and keep the rent stable or tie it to inflation? Could the city implement a requirement that leases be yearly while not directly controlling how much the rent is? Could the city require park owners provide 90 to 180 day notice? Could the city require the management or ownership group have on-site persons. SORRY, I HAVE TWO POINTS LEFT. COULD THE CITY REQUIRE THAT MANAGEMENT OR OWNERSHIP GROUP HAVE AN ONSITE PERSON WITHIN BROOKINGS WHO IS AVAILABLE DURING NORMAL BUSINESS HOURS? OR COULD THE CITY IMPLEMENT AN ORDINANCE GIVING TRAILER PARK OWNERS THE RIGHT OF FIRST REFUSAL ON THE SALE OF THEIR PARK OR THE ABILITY TO COLLECTIVELY BARGAIN TO BUY THE PARK? IN SUMMARY, I ASK THAT THE CITY DO SOMETHING, ANYTHING, TO HELP PREVENT PROFIT-HUNGRY OUTSIDE GROUPS FROM DISPLACING LOW INCOME FAMILIES IN BROOKINGS.

Are there any additional public comments? Okay, hearing none, let's move on to item number seven, which is action on the consent agenda. Are there any items to be removed from the consent agenda? Seeing none, I'd like to entertain a motion to approve the consent agenda. So moved.

Second.

Okay, we have a motion and a second is there any public comment on any consent agenda item Does the council have any questions or comments on any consent agenda item All right, well the city clerk, please call the roll on the consent agenda Hager Specker hi Tilton burn aye Wendell aye Avery aye Doran aye Consent agenda approved. Item number eight, I invite Charlie Richter, the city engineer and Public Works Department representative and Public Works staff to come forward to accept a proclamation designating Public Works Week.

I'll meet you at the podium, Charlie.

Okay, we have a mayoral proclamation recognizing May 17th through the 23rd, 2026 is National Public Works Week. Whereas public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of the city of Brookings. And whereas these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings and other structures and facilities essential for our citizens. And whereas it is in the public interest for the citizens civic leaders and children in the city of brookings to gain knowledge of and maintain an ongoing interest in understanding of the importance of public works and public works programs in their respective communities and whereas twenty twenty six marks the sixty sixth annual national public works week now therefore be resolved On behalf of Oakney Meyer, Mayor of the City of Brookings, we do hereby proclaim May 17th through the 23rd, 2026 as National Public Works Week. And we urge all citizens to join in activities, events, and ceremonies designed to pay tribute to our public works professionals and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all.

I'm gonna turn it over to Charlie now to make a few comments Good evening council as your city engineer. I'm here to say a few words regarding public works week Next week is an opportunity to recognize and celebrate public works and the men and women who make up this department Public works is more than just construction projects or snow plowing of streets the three divisions that make up this department help keep our city moving through the dedicated service of the people who make up this team The next few slides will briefly highlight examples of the services we provide. Engineering is responsible for projects ranging from street paving and traffic signals to traffic counts. As you can see from the list on the screen, engineering is involved in most horizontal construction projects throughout the city. In addition to construction, engineering also oversees the airport, drainage maintenance, flood mitigation, storm water incentives, and public education efforts. The Streets Division performs a wide variety of tasks to help keep motorists safe. Together, streets and engineering are responsible for maintaining more than 300 lane miles of roadway. Last year alone, the Streets Division swept more than 3,700 lane miles of roadway, spread over 950 tons of salt and sand installed more than 900 signs and placed over 2,700 tons of gravel on our roadways. The Solid Waste Division provides collection and disposal services while continuing to look for innovative ways to improve service and sustainability. Over the past year, Solid Waste installed its new Z-Wall area, piloted a new compost program, continued its holiday light recycling program, and installed a new landfill force main that replaced costly trucking operations. I'd also like to mention our public information office. They have helped this department communicate its messaging to the community. Their colorful and attention-grabbing posts help us reach people of all ages. The examples I've shared tonight represent only a small portion of what Public Works does every day. In my nearly 30 years in public works, I have never been so proud to work alongside such a dedicated team, one that continually looks for innovative ways to improve service, strengthen sustainability, and better serve our community.

In a moment, we'd like to get a photo with the staff that's here and the council, but I just wanted to share a note on behalf of the council, a huge note of appreciation to the staff that's here this evening and those that aren't able to join us. I think managing a public works operation in a growing city like ours and in a city that experiences all four climates, we recognize the huge lift that is, and it's certainly a point of pride for our city. We hear from residents and visitors the condition Of our public spaces and the streets that folks drive on and the sidewalks they walk on and the conditions of our neighborhoods And that's really a tribute to our staff and and your leadership So thank you for your dedication and your expertise and your commitment to the city of Brookings We're really proud of the work that you do and proud to have this week in honor of your service So with that let's gather at the dais and we'll take a photo

I think I'm short.

I think they are coming around. Okay, yeah. Oh, yeah, and I cannot see Bonnie there. You know what? I think you will all have to come forward with this group. We've got some really tall people. Come up front, everybody. These guys are tall. You guys are too tall. It was really nice hiding behind you.

Thank you. Are you sure? Sure. All right. Bonnie, get a little closer there. Okay.

Okay, let's move on now to item 8B, which is ex officio reports from city council members. As councilors, we have the opportunity to serve on a number of related boards throughout the community and provide ex officio reports at these public meetings on a regular basis. First, let's hear an ex officio report on the Brookings Health System Board of Trustees from Council Member Hager. Great.

I attended the April 27th meeting, which there was a variety of different highlights. The first one was that we had a tour of the OB unit by Director Michelle Sand. So we got to see a patient room, the nursery, the lounge, and the follow-up appointment room. During the course of our tour, we heard about how there has been an increase in births, and there is work being done to attract more moms from the region to choose Brookings. And there's been additional support for doulas, especially for Medicaid patients. We also got an update about grant programs that are being rolled out as part of the state's Rural Health Initiative. So those are all being rolled out relating to each pillar. So those pillars are connecting technology and data, keeping healthcare local and strong, advancing the rural workforce, and transforming systems for sustainability. The transition to Epic is on track, so everything is going well, switching over to a new system for doctors and billing. There's also been a variety of efforts taken to acquire talent. Some of those are just trying to get local high school students interested in healthcare careers. So the health system has participated in career camps with high schoolers. They are participating in The Health Occupation Students of America State Conference, so that took place in Sioux Falls, and it gives high school students a chance to work through various different healthcare-related scenarios and top performers can earn a trip to nationals. They also are participating in the Build Dakota Scholarship Fund that helps train paramedics, lab techs, nurses, radiology techs, and surgical techs at a variety of technical schools in the region. The finance department is working on improving the rate in billing that takes place after discharge so it's closer to seven days consistently. And then positive progress is being made on a variety of quality related items such as working on hospice patient satisfaction, improving the management of oral medications for home healthcare patients, working to increase surgical services and continuing to exceed benchmarks for preventable hospitalizations and dosage metrics in the pharmacy. End of report and I stand by for any questions.

I think Council Member Doran has something to add.

Thank you, Mary. Yeah, I just wanted to point out with the tour of the OB unit, we also got a quick overview of some mental health resources for new moms. So I just wanted to give a quick shout out to the new moms in our community to know that there is support available. They have a mom cafe where they have multiple maternal mental health programs, including weekly support groups. It's totally free and available for those moms. So please reach out to the hospital to get connected. Thank you.

Thank you both. Any questions or comments for our ex officios to the health system board of trustees? Okay, hearing none, let's move on to the Brookings Municipal Utility Board Ex Officios. Council Member Specker?

Yep, the meeting took place yesterday on May 11th. Last month, I had mentioned this FCC ban on home routers that will happen in 2027, and that was discussed a little bit, and it has to do with a ban of home routers with components that are made overseas. And this has generated a lot of questions, and BMU is going to be providing additional information to its customers in the near future. A reminder that BMU construction projects were summarized at the open house in March, but you can check on updates on that in brookingscommunityconstruction.com. BMU, MRES, and Bright Energy Solutions gave a rebate check to Solventum for their use of energy-efficient products. Their new water treatment plant will have an open house for the public, the general public, on June 9th. and you stay tuned for like the actual hours, but I highly recommend a tour of that. The well field expansion, there are six new wells that are, somewhat operational but be should be totally completed by August the water pipeline along Highway 14 Bypass is under construction and is expected to be completed in September of this year the removal of the 6th Street water tower continues to bring a lot of attention to the vultures that nest there and There is a lot of discussion about that, but one of the things that's sort of interesting, I guess the last water tower that was taken down was taken down in one day. This particular water tower is a different type of construction, and it will take about two weeks for it to be taken down. It's supposed to start this week. They're putting the fences up, but because of the high winds, there may be some shifting in dates of that. Also, there's a lot of Facebook posts on the BMU site that have to do with fire hydrant flushing, lawn watering restrictions, the sump pumps, scholarship opportunities, a wide variety of topics. It's probably a good idea to follow them on Facebook if you're on Facebook. They do have a lot of posts about some of these updates. That's all.

Thank you, Council Member Specker. Any questions or comments for the councilor? Okay, hearing none, let's move on to item 9A, action on resolution 26-030, a resolution awarding bids on 2026-008 STI Asphalt Maintenance Project. Charlie Richter, our city engineer, will present this item. Charlie?

Good evening, Council. I'm here again, and I'm here tonight requesting approval of a resolution 26-030 to award a contract for the 2026 Asphalt Maintenance Project. This project will pay various locations, including 11th and 13th Avenues from 6th Street to 3rd Avenue, 3rd Street, Maderi Avenue from 6th Street to 11th Street, Regency Court, Pheasant Run Circle, and at the landfill. This project will also include removal of the hill on 20th Street South near Rapid Valley. And this work is being coordinated with BMU and will include water and sewer work on 11th Avenue and 20th Street South. Bids for this project were opened on May 5th. The lowest of the two bidders for this project were Bose Construction. With a low bid of $1,939,086.05. Sufficient appropriations of $2.69 million exist in the amended fiscal year budget in fund 2013 capital projects and fund 625 solid waste and with BMU. Public Works recommends that both construction be awarded the contract for this project.

Thank you, Charlie. We'll start by entertaining a motion to approve.

So moved. Second.

OK, we have a motion and a second. Is there any public comment on this item? Hearing none, does the council have any questions or comments? Just wanted to make a comment to reiterate a note that you made as a part of this project Is the work on the hill on 20th Street or 20th Avenue South? We know that as population density grows in that corner of the community removal of that hill We hope will improve both pedestrian and vehicle safety on that busy busy road. So appreciate that being included in this project and prioritized Okay, will the city clerk please call the roll I Becker I Tilton burn I Wendell I Avery Doran I Hager I Okay motion passes item 10 a Introduce introduction and first reading on ordinance 26 0 1 9 in ordinance authorizing budget amendment number 3 to the 2026 budget Ashley wrench our finance director will present this item Ashley

Good evening, deputy mayor and members of the council. This is the ordinance 26-019, amendment number three to the 2026 budget. This amendment includes four parts related to communication support, beautification efforts, and funding adjustments associated with Brookings Regional Growth Alliance. First, the amendment transfers $10,000 from the 3B tax fund to the general fund to support the addition of two public information office interns. These interns will primarily assist with parks and recreation related communications, marketing, and community engagement efforts. Second, the amendment allocates $30,000 within the 3B tax fund for landscaping and beautification of medians along 6th Street and key retail corridors. These improvements are intended to enhance community aesthetics and support tourism and economic activity. Third, the amendment shifts $50,000 of Brookings Regional Growth Alliance funding from the 3B tax fund to the pillow tax fund. This is simply a funding source adjustment intended to provide greater flexibility within the 3B fund and does not change the overall baseline contribution amount. And finally, the amendment includes an additional $100,000 contribution to the Brookings Regional Growth Alliance funded through the Pillow Tax Fund to support restroom renovations associated with the downtown visitor center project at 416 3rd Street. The proposed public restrooms align with the downtown master plan and are intended to support downtown tourism, events, and overall accessibility of the downtown area. The second reading of this ordinance will be May 26th, and I'll be glad to stand by for questions. Thank you.

Thank you, Ashley. Are there any questions or comments for Ashley from the council? Councilor Doran.

Thank you, Mayor. Not specifically for Ashley, but it is on this topic. One of the questions I have is actually for Sherry. People constantly ask what is happening with the city. The city is always evaluating how to best disseminate information, give updates, market programs, build civic engagement. And communication and these communication interns are a great way to increase that. Sherry, I was wondering if you could just overview the breadth of the communication efforts that your office does and that these interns will support.

yes thank you for the question um this uh we originally had budgeted fifteen thousand dollars from 3b in the 2026 budget in anticipation of one intern and that intern would be working primarily on uh promotion of parks recreation and forestry department activities and events. The additional $10,000 will go towards supporting a second intern. We were fortunate that when we interviewed candidates, we found two excellent candidates, actually more than that, but Paul said only two. Both of these interns will split their time between marketing and communications for parks, recreation, and forestry, and also other city departments and general marketing efforts. One of the reasons for this is that our Parks, Recreation, and Forestry Department has a phenomenal number of really fantastic events almost back to back to back all summer long to benefit our residents and visitors to our community. and so we want to be sure that we have additional bandwidth with interns to promote those to our community and bringing on an additional intern having the two will allow us to better communicate that not just for parks recreation and forestry however but really for all of the city And to the point that you are making, people do often think just throw something up on Facebook and call it good, but there's a lot more to that. We write news releases and create handouts and posters, and we manage the city website. The city does have several different social media accounts, and so if we're not managing those ourselves, we're helping other staff manage those and try to stay within guidelines and best practices for those. We also of course handle media relations and we're very fortunate that we often are contacted by our local newspapers, radio stations and television stations in the Sioux Falls area to interview city employees and those requests come through the public information officer and we make those arrangements for those interviews to happen. then in addition to that of course we have a lot of different community engagement opportunities some such as the Dakota Bank open houses that we recently had but also special events and again we have a lot of those coming up starting a month from now with the wall that heals traveling exhibit coming to Brookings so we're thankful to have two really good interns helping us out with all of that

Thank you. I just really wanted you to take a moment for the public to understand that we are limited capacity of what we can do. And so I'm excited for your department to get this support because just like you've said, we barely scratched the surface, but you've done so much too. So I really wanted to give you that moment. So thank you for that answer. I do have a second question as well. This may be for our representatives in the room from the Economic Development or Brookings Regional Alliance, sorry, with the public restrooms. I was wondering if any considerations around two separate topics. One would be accessibility of a changing table or an adult changing table, as well as a second consideration of any mother's rooms were built into this project, or maybe that's an ongoing discussion. Just as we know that different individuals and families will be utilizing these restrooms, it's a great public health amenity. And so I was wondering if you could speak for a moment about those plans.

And Kirsten, if you would introduce yourself, that'd be helpful. Thank you.

Hi, I'm Kirsten Jesdahl. I'm the Community Development Director for the Brookings Regional Growth Alliance. And one of the projects that I get to work on is our new kind of welcome center and office space in downtown, which We're very excited about, which includes some public restrooms, which is a very desired and wanted thing in our neighborhood by our businesses and our visitors. And so the plan is to have two restrooms that would be available Monday through Friday and then on Saturdays while the Welcome Center is open. That would have all the amenities you would expect out of a bathroom, as well as changing tables in bathrooms. both bathrooms. So very excited about that. They are intended to be fully handicap accessible so anyone can access them and use them. What was the second question?

Sorry. Sure. No, you're good. Okay, so with changing tables, would it be adult changing table accessible as well? I know that that's an additional specialty.

I don't know yet. So design plans are still in the works, so possibly, but I can't confirm but I do know I'm changing tables for babies would be included and then a mother's room is something that we would like to have that would be in likely in phase two of the project it's the kind of remodel project is quite vast and large to bring the kind of facility up to all of the amazing possibilities we have with that space for workforce training for events for socials and Really excited about the possibility but have to take it piece by piece. So mother's room is phase two Hopefully project sure.

Thank you so much. I appreciate that I just want to make sure that just like what you said this project is highly requested and if we're making an investment I want to make sure that it is an intentional investment for something that maybe people often Overlook but of making sure that it is accessible to all of our visitors is important. So thank you for those considerations. I

Thank you.

I don't have any additional questions. I just want to reiterate that I have similar sentiments to Councilmember Doran. I would love in this facility to see not only a mother's room and changing tables for babies, but an adult changing table in the space as well. That can be really impactful for individuals that have other disabilities and maybe need that additional support when they're out and about. And so just another reinforcement that there would be support for that, I think, from at least two council members here. So thank you for the work you're doing to get this space established, and we look forward to seeing what it looks like.

Yeah, I'll make sure to pass the note on to our architect and designer.

Thank you. Okay, folks, I'm new around here, and so I forgot to request any public comment on this item, which really should have preceded the council comments or questions. So before we move on to any other council or comments on this question, or on this item, I should request any comments from the public, if there are any. Okay, hearing none, we can resume comments and questions from the council. Any additional comments and questions from the council on this item? Okay, we don't take action on first reading, so the second reading and potential action on this item will be held May 26th. Let's move on to item 11A, which is a second reading and action on ordinance 26015, an ordinance authorizing budget amendment number two to the 2026 budget. Ashley Wrench, finance director, will present this item. Ashley.

Thank you, deputy mayor and members of the council. This is the second reading of ordinance 26-015, amendment number two to the 2026 budget. This amendment transfers $13.4 million from the City Council Financial Policy Projects Fund to the Brookings Police Station Facility Capital Project Fund and establishes the necessary budget authority for project-related expenses. As discussed during the first reading, these funds were previously identified for major capital projects, and this action formally commits those reserves to the police facility project. Staff recommends approval of this ordinance as presented, and I'll stand by for questions. Thank you.

Thank you, Ashley. I'd like to entertain a motion to approve. So moved.

Second.

It's been moved and seconded. Are there any public comments on this item? Does the council have any questions or comments on this item? Okay, will the city clerk please call the roll?

Tilton Byrne? Aye. Wendell?

Aye.

Avery?

Aye.

Doran? Aye. Hager? Aye. Specker? Aye.

Motion passes. Item 11B, public hearing and action on a special event temporary alcoholic beverage application for the annual Brookings Volunteer Fire Association Street Dance. Bonnie Foster, city clerk, will present this item. Bonnie.

Deputy Mayor and Council members, this is the Brookings Volunteer Annual Street Dance. This year is going to be the 110th celebration for this event. This is also the 17th year that this event will be held in the downtown corridor. There have been no alcohol compliance checks in the history of this event. Staff does recommend approval, and we do have a representative here this evening if you have any questions for him.

Okay, thanks Bonnie. I entertain a motion to approve.

So moved. Second.

Okay, we have a motion and a second. I'd open the public hearing on this item. Is there any public comment? Okay, the public hearing is now closed. Does the council have any questions or comments on this item? Will the city clerk please call the roll?

WENDELL.

AYE.

AVERY.

AYE.

DORAN. AYE. HAGER. AYE. SPECKER. AYE. TILTON BURN.

AYE. MOTION PASSES. LET'S MOVE ON TO ITEM 11C, A PUBLIC HEARING IN ACTION ON ANNUAL MALT ALCOHOLIC BEVERAGE LICENSE RENEWALS FOR ESTABLISHMENTS WHICH HAVE FAILED AN ALCOHOLIC BEVERAGE COMPLIANCE CHECK WITHIN THE PAST 12 MONTHS. BONNIE FOSTER, CITY CLERK, WILL PRESENT THIS ITEM. BONNIE.

Deputy Mayor and Council Members, this action is for three establishments which have each failed an alcoholic beverage compliance check within the previous 12 months. There are two Casey's store locations with two failures in the last 24 months, and Sodexo, whom utilizes the McCurry Gardens Visitor Center licenses, had had three violations in the past 24 months. THE DEPARTMENT OF REVENUE DID SUSPEND THEIR LICENSE FROM MARCH 1ST THROUGH MARCH 14TH OF THIS YEAR. THAT LICENSE HAS SINCE BEEN REINSTATED BY THE DEPARTMENT OF REVENUE. ALL ESTABLISHMENTS DID COMPLETE THEIR STATE'S REQUIRED PROCESSES AND PAID THE ASSOCIATED FEES AND FINES. the last alcohol check completed in october 25 none of these establishments had had any reoccurrences since that time if the council does so approve the licenses will be forward to the department of revenue for a final review and issuance of their 2026 2027 licenses all of these establishments did provide a letter to the city council which was provided under separate cover addressing the steps they have taken and the additional training that their staff is undergoing since these failures have occurred there are representatives from each of these establishments present this evening if the council has any questions for him staff does recommend approval of the licenses

Thank you, Bonnie. I'll begin by entertaining a motion to approve. So moved. Okay, we have a motion and a second. I'd open this public hearing on this item. Is there any public comment? Okay, the public hearing is now closed. Does the council have any questions or comments? Council Member Hager?

Of course, my mic wasn't on. All right. I had a question for Casey. So I know last year the policy that they put in place was to require the scanning of IDs for anyone under 40, and in the information that we received, the new policy would require the scanning of ID for all age-related purchases. So my question is, can that prompt be bypassed, or is that where the ID must be scanned in order for the purchase to take place?

Canicases representative come forward if you'd introduce yourself and then answer the counselors questions I'll have you wait till you get to the microphone so folks can hear you. Thank you.

My name is Sarah Inez I'm the store manager of 22nd Avenue That requires you have to scan an ID every time Thank you Any other questions or comments from the council I

Councilmember specker.

I think this is a question for Bonnie What happens so if you have a third violation your license is suspended for a while What happens in if you have a fourth violation?

That is a great question for the South Dakota Department of Revenue They we were the first community in the state to have a third violation within 24 months. So for the new staff that has been on board out there so they too are discovering evaluating figuring out what is fair for all so this would be a question that we would want to take to them thank you any other questions on this item okay will the city clerk please call the roll

Avery.

Aye.

Doran. Aye. Hager. Aye. Specker. Aye. Tiltonburn. Aye. Wendell.

Aye. Motion passes. Item 11D, public hearing in action on a request for an on-off sale malt license for THR LLC doing business as JD's at Trails Head to be located at 1130 Main Avenue South. Bonnie Foster, city clerk, will present this item. Bonnie. Aye.

DEPUTY MAYOR AND COUNCIL MEMBERS, ITEM 11D AND ITEM 11E ARE FOR THE SAME LOCATION. THE FIRST ONE THAT WE'RE GOING TO TALK ABOUT IS THEIR ON-OFF SALE LICENSE. THIS IS A NEW ESTABLISHMENT GOING IN. JESSE DAVIS AND MARY JO MINER ARE THE OWNERS OF THIS LOCATION. This will utilize a new portion down there in the same building. They will also be allowing alcohol to go on the west patio on the map in front of you where the numbers 1130 are. That's kind of the location of the west patio. And then the green space, which is kind of that internal area there where the word Maine is. So alcohol will be allowed outside of the brick and mortar locations of the business. And that is identified in the legal description that will be submitted to the states as allowable areas. If approved, this license, like all of the other alcohol licenses, will be forwarded to the Department of Revenue for final review and issuance. Staff recommends approval.

Thank you, Bonnie. I'd entertain a motion to approve.

So moved.

Second.

All right, it's been moved and seconded. I'll open the public hearing on this item. Is there any public comment? Hearing none, the public hearing is now closed. Does the council have any questions or comments? Okay, will the city clerk please call the roll on item 11D?

Doran. Aye. Hager. Aye. Specker. Aye. Tiltonburn. Aye. Wendell.

Aye.

Avery.

Aye. Motion passes. Let's move on to item 11E, a public hearing in action on resolution 26028, a resolution authorizing the city manager to enter into a 10-year on-sale wine operating agreement with THRLLC doing business as JD's at Trail's Head. Owners Jesse Davis and Mary Jo Miner. Bonnie Foster, city clerk, will once again present this item. Bonnie.

Deputy mayor and Council members. This is indeed for a wine operating agreement for JD's operating agreements are issued for 10 year rotations with the five year midterm renewal and handled accordingly with regular renewals annually as identified in state law. So if approved, this license as well would be sent to the Department of Revenue for final review and issuance. Staff does recommend approval.

Thank you, Bonnie. I'll start by entertaining a motion to approve.

So moved.

Second.

It's been moved and seconded. So I'll open the public hearing on this item. Is there any public comment? The public hearing is now closed. Does the council have any questions or comments? Last chance. Okay, will the city clerk please call the roll?

Hager? Aye. Specker? Aye. Tiltonburn? Aye. Wendell?

Aye.

Avery?

Aye.

Doran? Aye.

Motion passes. Item 11F, public hearing and action on resolution 26031, a resolution of intent to lease real property to David Burnt for 26 acres of public land for agricultural cropland in the Wiese addition. Mike Struck, our community development director, will present this item. Mike.

Thank you, Deputy Mayor and Council, members of the public. This is a resolution of intent to lease real property. This land is just north of the target location. It's city-owned, 26 acres. We typically put it out every year or every two years for cropland. We had a bid opening on April 21st. We had two bidders. David Berndt was the high bidder at $270 per acre. It does generate a little bit of revenue to the city, but more importantly, it helps us with weed control of this public property. The intent is, with the resolution, it would authorize the city manager to enter into a lease agreement for one year with the option to renew for one additional year. Staff does recommend approval and would stand for any questions you may have.

Thanks, Mike. I'll entertain a motion to approve.

So moved.

Okay, we have a motion and a second. So I'd open the public hearing on this item. Is there any public comment? Hearing none, the public hearing is now closed. Does the council have any questions or comments? Okay, will the city clerk please call the roll on item 11F?

Specker? Aye. Tiltonburn? Aye. Wendell?

Aye.

Avery?

Aye.

Doran? Aye. Hager? Aye.

Motion passes. Item 11G, public hearing and action on Ordinance 26014, an ordinance to amend Section 94362, Home Occupations. Mike Strzok, Community Development Director, will present this item. Mike?

Thank you, Deputy Mayor and members of the council. Ordinance before you tonight is an amendment to our zoning ordinance pertaining specifically to home occupations. You may recall we had a study session on this about a year or so ago. Our current ordinance classifies home occupations as two types, either a minor or a major. Minor are reviewed and approved administratively through what we call a zoning and use registration permit. Major home occupations go through a conditional use process, which goes to the Planning Commission. They provide a recommendation to the City Council. There's two meetings with the City Council, and it's if approved by ordinance. We kind of got into a situation where the way work has changed, we felt we needed to really take a hard look and review this. Staff is proposing moving to three categories where there's a no impact category, a minor and then a major. Major being is it would still follow the same process through the conditional use. Minor would still be reviewed through our checklist and could be approved administratively through the zoning and use registration permit process. And the no impact category would simply kind of a discussion with staff, look at the checklist, And if the criteria falls within that, no permits or anything are needed. Previously, we tried to list out the different types of uses. And it's just difficult to keep up to date with everything. So with this proposal, it's changed more to an intensity based home occupation where those that really have no impact that, you know, the neighboring properties would never know somebody is working from their home. We really shouldn't be running them through all of this additional red tape just for them to work out of their house, whether it be providing customer service or an artist or somebody that does narrating for books or something like that. Really no impact on the neighborhood. And so that's the three categories that we came up with. We had a good discussion with the planning commission on this. a lot of back and forth, and then we took it through the public hearing process, very minimal comments from the public, and it does come to you with a unanimous recommendation for approval, and I'd stand for any questions you may have.

Thank you for that overview, Mike. I'd entertain a motion to approve.

So moved.

It's been moved and seconded, so I'll open the public hearing on this item. Is there any public comment? Okay, the public hearing is now closed. Does the council have any questions or comments? Councilor Specker?

I just want to thank the Development Office for working on this and sort of fine-tuning everything to make it so much more easier to interpret. I appreciate that. Thank you.

Any other questions or comments from the council? Okay, hearing none, will the city clerk please call the roll?

Tilton Byrne. Aye. Wendell.

Aye.

Avery.

Aye.

Doran.

Aye.

Hager. Aye. Specker.

Aye. Motion passes. Item 11H is a public hearing in action on Ordinance 26-016, an ordinance to change the zoning within the City of Brookings. Portions of Outlot 2 in the southwest corner of the northwest corridor in Section 23, Township 110 North, Range 50 West. from a residence R1A single-family district to a residence R3 multi-family district and a business B3 heavy district. Mike Strzok, Community Development Director, will present this item.

Mike. Thank you, Mayor and members of the council. This rezoning is for a parcel of property located along Western Avenue, north of the Huron Cove, You can see on the overhead map, it's the area outlined in the light shaded blue boundary. It's approximately 1.1 acres that would be rezoned up in the northwest quarter. That would be for the B3. About 4.4 acres would be rezoned from R1A to R3. And then there'd still be about 3.5 4.32 acres that would remain as they're currently zoned in the R1A. You can see on the overhead it shows the existing zoning map as well as the floodplain map. The rezoning occurs kind of in the red shaded area which is part of the floodplain. The kind of hatched area is the floodway and so you can kind of see how the rezoning aligns with the B3 up in the northwest corner which They're looking at potential opportunities for maybe some storage facilities of some sort that might help cater to some of the residents that would be interested in living in some of these units in this area. This does come to you on a seven-to-one recommendation for approval from the Planning Commission, and I would stand for any questions that you may have.

Thank you, Mike. I'll entertain a motion to approve. So moved.

it has been moved and seconded so i'll open the public hearing on this item is there any public comment if you would share your name and address thanks good evening city council members my name is jacob mills with mills development tonight here representing heron cove llc i'll just give a brief kind of overview of our project and kind of what's brought us to here and and i'm happy to answer specific questions but We've been working on this project for a little over a year, purchased the property about a year and a half ago. It had a single family residence on it at the time, but a previous owner had not repaired the roof. It actually had a visible hole in the roof about the size of a bathtub. The basement was full of water. So we just started by cleaning up the property, demolishing the buildings, getting rid of the weeds, and then kind of started the process of exploring The engineering the approvals the steps we knew going into this there would be floodplain requirements rules things that need to be researched really was our goal to proactively attack those things so we had preliminary discussions with city staff over a year ago when when all we had was a concept plan just kind of talking about this idea that you know. We knew we needed to dig out an equal volume of whatever we filled, not import dirt, not cause worse flooding issues. And that's where we started the idea of exploring, can we dig in the floodway and actually improve the overall situation, which is kind of our goal here. So we've worked with Banner Engineering to study all these things with preliminary things with FEMA, preliminary drainage issues, balancing the site, had to make the site a little less dense than we initially planned just to keep all those things in check. And I've just tried as much as we can to really follow the spirit of the new regulations in this area, and especially because we own the project immediately south of here. We really have no one to harm more than ourselves if we do this wrong. And so trying to show that we can develop these areas if we follow the rules and we do it proactively and partnering with the folks that are kind of coordinating all that stuff. So we are not actively planning to start this project immediately. We're hoping to move dirt or be able to get our approvals to be able to get bids and because this is potentially going to be a challenging site depending on weather conditions. Right now, being in a bit of a drought, would probably be a great time. But, you know, we may have to wait another year or two for those conditions to reappear for the right timing to do this project and just kind of starting through that process. So happy to answer any questions probably later on after if you have any.

ANY OTHER PUBLIC COMMENT? OKAY. HEARING NONE, I'LL CLOSE THE PUBLIC COMMENT PORTION OF OUR CONVERSATION AND MOVE ON TO COUNCIL QUESTIONS AND COMMENTS. DO ANY MEMBERS OF THE COUNCIL HAVE QUESTIONS OR COMMENTS?

Yeah, and I think Jacob can probably answer this or Mike. Last meeting we approved the zoning changes on this and discussed the flood zone and the construction requirements there. I'm just curious when it's platted out, like is it that taking, you know, getting the soil up two feet and taking it from somewhere else, Does that cross then the plats or does it have to be within the same plat? Like if you're trying to do that in R3, you know, build up the land in order to be able to build it according to the flood ordinances, can you then replace that amount over in the floodway, or does it have to be within the flood zone? Or am I just making this way more complicated?

I think, Council Member Specker, what you're asking is when you look at filling an area and then providing the comparable compensatory storage, How is that documented or recorded or can it occur from, it doesn't, I don't think we really look at it. Ideally, if you can do it on the same property, but if you can do it within the same drainage basin, it would be acceptable.

I think I can sort of answer your question in that I think part of the spirit of the new ordinances in these areas is to not just bring in imported dirt and add more dirt to the existing site and the way this is designed no dirt would be imported the only areas that are elevated are going to be dug from other areas within the same parcel

okay that's what i was wondering you know banner has done maps and studies to to show that those volumes of what's being dug are equal to or greater than the volumes of what are being filled if that makes sense i was just wondering if that building up and the compensatory part are within the same parcel or are they going to be in the r3 and then that r1 floodplain

They are within the same parcel as of right now.

Okay. Thank you. Just curious.

Any follow-up, Councillor Specker? No? Any other questions or comments from Council? Okay. Will the City Clerk please call the roll?

Wendell?

Aye.

Avery?

Aye.

Doran? Aye. Hager? Aye. Specker? Aye. Tilton-Byrne? Aye.

Okay, item 11 H passes. Let's move on to other business. Item 12 A, action on a preliminary plat of lots one through three in Herring Cove addition. Mike Strzok, Community Development Director will present this item, Mike.

Thank you, Mayor and members of the council. The action before you tonight is a review and potential approval of a preliminary plat for the Huron Cove addition. This follows the previous item, which was the rezoning that would allow this development to proceed. Essentially what they're showing on the preliminary plan is three lots. They coincide a lot three cleared to the east coincides with kind of the boundary of the floodway. Lot one is up in the northwest corner and that is coincides with the B3 rezoning and then lot two is the R3 zoning that would allow the residential units This does meet our subdivision regulations. In addition to this, there'll be two additional feet of right of way that will be dedicated along Western Avenue so that at some time in the future, if that roadway is expanded or improved, it would have the right of way necessary to meet our collector standards. This does come to you as an 8-0 recommendation for approval from the Planning Commission, and I'd stand for any questions you may have.

Thanks, Mike. I'd like to entertain a motion to approve.

So moved. Second.

Okay, we have a motion and a second. Is there any public comment on this item? Does the council have any questions or comments? Councilor Doran?

Thank you, Mayor. I just wanted to extend my appreciation for you guys being proactive with this project, engaging staff. I appreciate that you really wanted to be intentional and take your time with us. Thank you.

Any other questions or comments from the council? Okay, seeing none, will the city clerk please call the roll on item 12A?

Avery?

Aye.

Doran? Aye. Hager? Aye. Specker? Aye. Chilton-Byrne? Aye. Wendell?

Aye. Motion passes. Okay, let's move on to item 12b. Action on resolution 26027, a resolution amending the consolidated fee schedule. Ashley Wrench, the finance director, will present this item. Ashley?

Thank you, Deputy Mayor and members of the council. This is resolution 26-027, amending the consolidated fee schedule for parks, recreation, and forestry labor and equipment rates. The current fee schedule uses flat hourly rates for labor and equipment usage. And while those rates provided a simple structure, they no longer accurately reflect the actual labor costs or equipment operating expenses. This amendment updates labor rates to be based on the average burden salary rate by position title, which incorporates wages, benefits, and associated employment costs. The amendment also replaces the existing flat equipment rates with rates based on the current FEMA schedule of equipment rates, which reflects nationally recognized operating cost standards, including fuel, maintenance, depreciation, and usage. These updates improve transparency, consistency, and cost recovery while ensuring the city's fee structure better reflects the actual cost of service delivery. Staff recommends approval of this resolution as presented, and I'll stand by for questions. Thank you.

Thanks, Ashley. I'll entertain a motion to approve.

So moved. Second.

Okay, it's been moved and seconded. Is there any public comment on this item? It's gotten pretty lonely in here tonight, so we'll move on. Does the council have any questions or comments? Okay, will the city clerk please call the roll?

Doran? Aye. Hager? Aye. Specker? Aye. Tiltonburn? Aye. Wendell?

Aye.

Avery?

Aye. Item passes. Okay, item 13 is a city council member introduction for future discussion. I'll just note that our next meeting is next Tuesday evening, May 19th. It's a study session. It'll start at 6 o'clock and be held in this room. It's an upstander and bystander training opportunity for staff and members of the council. So we'll be back in this room one week from now. Then our next regular action meeting is on Tuesday, May 26th, relatively a light meeting that evening thus far. We have some contracts and change orders. We have a second reading on that budget amendment number three that we heard a first reading on tonight. So that's on the 26th. Any items that a member of the council would like to introduce for future discussion? Councilor Doran.

Thank you, Mayor. I just wanted to take a moment to thank Mr. Davidson for bringing up an important community issue. I think there was a lot to consider that was provided to us today on the local and the state level. I wanted to encourage council through internal discussions as well as just the city in general with conversations with our economic and community partners. I do think that this is a conversation that should continue. I don't have a formal request on a study session

Another avenue at this moment, but I'd like us to continue the conversation as a council on how we can approach this topic in our community Just to make sure I understand not a motion on the table to put this on a future agenda But to ensure the conversation happens among the council and members of the community and other folks. Yes, correct. Okay. Thank you Any other topics a member of the council might want to discuss on a future agenda? Okay, hearing none, I'll entertain a motion to adjourn. So moved and seconded. Moved and seconded. All those in favor, signify by saying aye.

Aye.

Those opposed, same sign. Meeting adjourned.