City Council - Regular Meeting

Everybody gets quiet. public. like to call this meeting to order. Let's start by reading the pledge of allegiance to the flag of the United States of America and to the republic for it stands. One nation under God, indivisible, with liberty and justice for all.

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 Neee 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 Hustler now for county commission action. I'd like to entertain a motion for the county commission to approve the agenda. Motion approved. Bagot. Motion and 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 role? Avery, I. Doran, I. Hager. I. Specker. I. Tilton Burn. I. Wendell. I. Will the county please call a role? Vanderwall. Hi. Miller. Hi. Jensen. Hi. Hustler. I.

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 2026-02, an ordinance amending chapter 94, 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 the county commission. Uh the ordinance before you tonight is an amendment to change the publication requirements um for our joint zoning ordinance between the city and county. Uh 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. Um with our newspaper publications, they only publish twice a week. We've 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 4 to one approval from the city planning commission um 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 2528. So move. Second. All right. I would entertain a motion from county commission to approve ordinance 26-02. So moved. Second. Motion and 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 uh no questions or comments, I'd maybe just make one comment to echo something that that Mike shared. this really aligns with existing state law. Uh and now that the register is just publishing twice per week, it perhaps better meets some of those uh needs as well in the community. So uh appreciate this shift and again it just aligns with existing South Dakota state law.

Thanks. Will the city clerk please call the role? Norin I. Hager I. Specker I. Tilton Burn I. Wendell I. Avery I Wood County, please call the RO. Miller, hi. Jensen, hi. Vanderwal, hi. Hustler, hi. 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 commission to adjourn the joint city council county commission meeting. Motion to adjurnn. Second.

Motion and second received. All those in favor respond by saying I. I. Those opposed same sign. Meeting adjourned. convene at 6 o'clock in this

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 5:30 and we handled sort of all of the initial order of business there at 5:30. So, uh, we did the pledge of allegiance then and we did the roll call then and so you won't be hearing that. Uh, right now we're going to move right into, uh, the regular meeting agenda. And if you're watching at home, don't adjust your dial. The mayor is absent this evening and so I'm filling in uh, in hisstead. 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 threeminut period. The podium light turns green to yellow where there 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, uh, and share your address if you will.

Lower this a little bit. How's that? Sounds good.

My name is 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 lowincome 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 mo 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 tr 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 lowincome 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 communitywide 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 Sud Meadows owned by the Mccclemen's 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 implement uh uh sorry, could the city require leases provide or park owners provide 90 to 100 day 180 days notice? Could the city require the management or ownership group have on-site persons? Sorry, I have two

Go for it. Two points left. Um could the city require that management or the ownership group have an on-site 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? The ability 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 lowincome families in Brookings. Thank you, Luke.

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. Will the city clerk please call the role on the consent agenda? Hager. Specker. I. Tilton. I. Wendell. I. Avery. I. Doran. I.

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 uh May 17th through the 23rd, 2026 as 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 and understanding of the importance of public works and public works programs in their respective communities. And whereas 2026 marks the 66th annual National Public Works Week. Now

therefore, it be resolved on behalf of Opimire, 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 going to turn it over to Charlie now to make a few comments. All right.

Uh, good evening, council. As your city engineer, I'm here to say a few words regarding public works week. Uh, 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 service 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, uh, engineering alo 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 3700 lane miles of roadway, spread over 950 tons of salt and sand, installed more than 900 signs, and place more over two uh 2,700 tons of gravel on our roadways. The solid waste division provides collection and disposal services while continuing to look for innovative way innovative ways to pro 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 week. Uh 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. Um, I think managing a a public works operation in a growing city like ours and in a city that experiences all four climates, uh, we recognize the the huge lift that is and it's certainly a point of pride for our city. We hear from residents and visitors um the condition uh of our public spaces and the streets that folks drive on and the sidewalks they walk on and the conditions of our neighborhoods and 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. Um, we're really proud of the work that you do and and proud to have this week in honor of your service. So, with that, let's uh gather at the DAS and we'll take a photo. They're really

I think short I think they are coming around. Okay. Yeah. Oh yeah. And I cannot see Bonnie there or Wayne. You know what? I think you will all have to come forward with this group. We got some really tall people. Come up. Come up front everybody. This these guys are tall. really nice hiding behind.

Thank you. Are you sure you don't? Sure.

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

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 followup 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 health care 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 um the health occupation students of America state conference. So that took place in Sou Falls and it gives high school students a chance to work through various different healthc care 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 checks, 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 health care 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. Uh, I think Council Member Doran has something to add.

Thank you, Mayor. 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 um 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. Um, 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 exeicios to the health system board of trustees? Okay. Hearing none, let's move on to the Brookings Municipal Utility Board exeicios. Council member Specker.

Yep. Um 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 there 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. Um, a reminder that BMU construction projects are summarized were summarized at the open house in March, but you can check on updates on that in brookings communityconstruction.com. BMU, um, MREs and Bright Energy Solutions gave a rebate check to Sventum for their use of energy efficient products. The new water treatment plant will have a 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. Um, the well-filled expansion, there are six new wells that are um 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 Sixth Street water tower continues to um 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 um 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 it's a 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 counselor? Okay, hearing none, let's move on to item 9A. Action on resolution 26-030, a resolution awarding bids on 2026008 STI asphalt maintenance project. Charlie Richtor, our city manager or city engineer, will present this item. Charlie.

Uh, good evening, council. I'm here again. Um, and I'm here tonight uh requesting approval of a resolution 20 uh 26-030 to award a contract for the 2026 asphalt maintenance project. Uh, this project will pay various locations including 11th and 13th avenues from 6th Street to 3rd Avenue uh 3rd Street uh Maderi Avenue from 6th Street to 11th Street, Regency Court, Feeasant 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 was also this work was co 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 biders for this project were Bose Construction with a low bid of 1,939,865. Sufficient appropriations of $2.69 million exist in the amended fiscal year budget in fund 2013 capital projects and fund six uh 625 solid waste and with BMU public works recommends that Bose construction be awarded the contract for this project. Thank you Charlie. We'll start by entertaining a motion to approve.

So moved. Second. Okay, 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? I just wanted to make a a comment to reiterate a note that you made as a part of this project uh is the work on the hill on 20th Street or 20th Avenue South. Um, we know that as population density grows in that corner of the community, removal of that hill, uh, we hope will improve both pedestrian and vehicle safety on that busy busy road. So, appreciate that being, uh, included in this project and prioritized.

Okay. Will the city clerk please call the role? Specker, I. Tiltenberg, I. Wendell, I. Avery, I. Doran, I Okay, motion passes. Item 10 A, introduce introduction and first reading on ordinance 26 019, an ordinance authorizing budget amendment number three 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, beautifification 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 beautifification of medians along Sixth Street in 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 4163rd 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 26, 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? Councelor Dorne.

Thank you, Mayor. Um, not specifically for Ashley, but it is on this topic. One of the questions I have is actually for Sherry. Um people constantly ask you know what is um 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. Sher, 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 $15,000 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 um activities and events. The additional $10,000 will go toward supporting a second intern. Um, we were fortunate that when we interviewed uh candidates, we found two excellent candidates. Uh, actually more than that, but Paul said only two. Um 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. Um, one of the reasons for this is that our parks, recreation, and forestry department has a phenomenal number of really fantastic events almost backto backto back all summer long to benefit our residents and visitors to our community. And so we want to be sure that we have additional uh bandwidth with interns to promote those uh 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 um people do often think just throw uh something up on Facebook and call it good, but there's a lot more to that. Um we write news releases and create handouts and posters and we manage our the city website. Uh the city does have several different um 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. Um, 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 Sou Falls area to interview city employees. And those requests come through the public information officer and we make those arrangements um for those interviews to happen. And then in addition to that, of course, we have a lot of different community engagement opportunities, uh some such as the Dakota Bank open houses that we recently had, but also um special events and again we have a lot of those coming up um starting a month from now with the wall that heals um 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 I really wanted to give you that moment. So, thank you for that answer. I do have a second question as well. Um, this may be for our representatives in the room from the economic development um or Brookings Regional Alliance, sorry. Uh, with the public restrooms, I was wondering if uh any considerations around uh two separate topics. One would be accessibility of like 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. Um, 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 Jezdell. 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 um 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 um there the plan is to have two restrooms that would be available um Monday through Friday and then on Saturdays while the welcome center is open um that would have all the amenities you would expect out of a bathroom as well as changing tables in both bathrooms. Um so very excited about that. Um they are intended to be meaningfully handicap accessible so anyone can access them and use them. And um what was the second question? Sorry.

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

I don't know yet. So, um design plans are still in the work, so possibly, but I can't confirm. Um but I do know um changing tables for babies would be included. And then a mother's room um is something that we would like to have that would be in um likely in phase two of the project. Um it's the kind of remodel project is quite vast and large. Um 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. Um really excited about the possibility. Um but have to take it piece by piece. So Mother's Room is a phase two um 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. Uh, Council Tilton Burn,

thank you. I uh don't have any additional questions. I just want to reiterate that I have similar sentiments to council member Dorne. Um, 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 um when they're out and about. And so, just another uh reinforcement that there would be support for that, I think, from at least two council members here. Um, so, thank you for the work you're doing to 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 um architect and designer. So,

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 counselor comments on this question or on this item, I should request uh 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 2615, 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 role? Tilton Burn I. Wendell I. Avery I. Doran I. Hagar I. Specker I. 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. Um, there have been no alcohol compliance checks in the history of this event. Uh, 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 role? Wendell I. Avery I. Doran I. Hagar I. Specker I. Tilton Burn. I.

Okay. Motion passes. Let's move on to item 11 C. A public hearing and 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 failures, two failures in the last 24 months. And Sedexo, whom utilizes the Mccur Gardens visitors center licenses, had had three violations in the past 24 months. The South Dakota 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 forwarded 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 covering the steps they have taken and the additional training that their staff is undergoing since these failures have occurred. Um, 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. Uh, 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's. 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? Can a Casey's representative come forward if you'd introduce yourself and then uh answer the council's questions?

My name is Sarah. I'll have you wait till you get to the microphone so folks can hear you. Thank you. Uh my name is Sarah Ines. I'm the store manager of 22nd Avenue. Um that requires you have to scan an ID every time. Thank you. Any other questions or comments from the council?

Council member Specker. Yeah, I think this is a question for Bonnie. Um, what happens? So, if you have a a third violation, your license is suspended for a while. What happens then 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 for the new staff that has been on board out there. So, they too are discovering, evaluating, figuring out what is fair for all. Um, 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 role? Avery, I. Doran, I. Hagar. I. Specker. I. Tilton Burn. Hi. Wendell. I. Motion passes. Item 11D. Public hearing in action on a request for an onoff sale malt license for THR LLC doing business as JDs at Trails Head to be located at 11:30 Main Avenue South. Bonnie Foster, city clerk, will present this item. Bonnie,

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 onoff sale license. Um, this is a new establishment going in. Jesse Davis and Mary Joe Miner are the owners of this location. This will be utilize a new portion down there in the same building. Um, they will also be allowing alcohol to go on the west patio on the map in front of you where the numbers 11:30 are. That's kind of the location of the west patio and then the green space which is kind of that internal uh area there where the word main is. So alcohol will be allowed outside of the brickandmortar locations of the business and that'll be dis that is um identified in the legal description that will be submitted to the states as allowable areas. Um 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 role on item 11D? Doran, I. Hager. I. Specker. I. Tilton. Hi. Wendell. Hi. Avery.

Hi. Motion passes. Let's move on to item 11E, a public hearing in action on resolution 2628, a resolution authorizing the city manager to enter into a 10-year onsale wine operating agreement with THR LLC doing business as JDs at Trails Head, owners Jesse Davis and Mary Joe 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 JDS. Um operating agreements are issued for 10-year rotations with a 5-year midterm renewal um and handled accordingly with regular renewals annually as identified in state law. If 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. Okay. Will the city clerk please call the role? Hager. I. Specker. I. Tilton. I. Wendell. I. Avery. I. Dorine. I.

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 crop land in the whis edition. Mike Struck, our community development director, will present this item. Mike. Thank you, Deputy Mayor and Council, members of the public. Uh, this is a resolution of intent to lease real property. Um, this land is just north of the target location. It's uh city own 26 acres. We typically put it out uh every year or every two years for crop land. We had a bid opening on April 21st. We had two bidders. Uh David Burnt was the high bidder at $270 per acre. Um it does generate a little bit of revenue uh to the city, but more importantly, it helps us with weed control of this public property. There the intent is uh um 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. Um, staff does recommend uh approval and would stand for any questions you may have.

Thanks, Mike. I'll entertain a motion to approve. So, move. 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 role on item 11F? Specker I. Tiltonberg I. Wendell I. Avery I. Doran I. Hagar I.

Motion passes. Item 11G. Public hearing and action on ordinance 2614 an ordinance to amend section 94 362 home occupations. Mike Struck, community de development director, will present this item. Mike,

thank you, Deputy Mayor and members of the council. Uh, ordinance before you tonight is, uh, 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. Um, our current ordinance classifies home occupations as two types, e either a minor or a major. um minor are reviewed and approved administratively through what we call a zoning and use registration permit. Major home occupations uh go through a conditional use process which goes to the planning commission. They provide a recommendation to the city council. There's two uh meetings with the city council and it's if approved by ordinance. We kind of got into a situation where um the way work has changed. Uh we felt we needed to really take a hard look and review this. Um staff is proposing move into three categories where there's a no impact category, a minor, and then a major. Um major being is it would still follow the same process um through the conditional use. Uh minor would still be reviewed through our checklist and could be approved administratively through uh the zoning and use registration permit process. And the no impact category would simply um kind of a discussion with staff look at the check uh the checklist and if the criteria um falls within that no permits or anything are needed. Previously we tried to list out the different types of uses um and it's just difficult to keep up to date with everything. So with this proposal, it's changed more to an intensity based um home occupation where those that really have no impact that you know the neighboring properties would never know uh somebody is working from their home.

Um we really shouldn't be running them through all of this additional red tape um just for them to to work out of their house. um you know, whether it be uh uh providing customer service or an artist or somebody that does narrating um for books or something like that. Um really no impact on the neighborhood. And so that's the three categories that we came up with. Um, we had a good discussion with the planning commission on this, a lot of back and forth, and then, um, 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? Councelor 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 role?

Tilton Burn I. Wendell I. Avery I. Doran I. Hager I. Specker I.

Motion passes. Item 11H is a public hearing and 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 quarter in section 23, township 110 north, range 50 west, from a residents R1A single family district to a residents R3 multifamily district and a business B3 heavy district. Mike Struck, community development director, will present this item. Mike, thank you, mayor.

Sorry. Thank you, mayor and members of the council. Um, this resoning is for a parcel of property located along Western Avenue, uh, north of the Heron Cove. Um, you can see in the overhead map, it's the area outlined in the light shaded, uh, blue boundary. Uh, it's approximately, um, you know, 1.1 acres. Um, that would be reszoned up in the northwest uh, quarter. That would be for the B3. Um about 4.4 acres are would be reszoned from R1A to R3. And then there'd still be about 3 4.32 acres that would remain as they're currently zoned in the R1A. Um you can see on the overhead it shows the existing zoning map as well as the flood plane map. The reszoning occurs kind of in the red shaded area which is part of the flood plane. that kind of uh hatched area is the floodway. And so you can kind of see how the resoning aligns with the uh the B3 up in the northwest corner, which um they're looking at potential opportunities for maybe some storage facilities of some sort that might help cater to some of the uh residents that would be interested in living in some of these units in this area. Uh this does come to you on a 7 to one recommendation for approval from the planning commission and I would stand for any questions that you may have. Thank you Mike. Uh I'll entertain a motion to approve.

So move. 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.

Uh good evening. City Council members, my name is Jacob Mills uh with Mills Development uh tonight here representing Heron Cove LLC. Um I'll just give a brief kind of overview of our project um and kind of what's brought us to here and and I'm happy to answer specific questions, but um we've been working on this project for uh a little over a year. Purchased the property about a year and a half ago. Uh it had a a single family residence on it at the time, but uh 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. Um so we just started by cleaning up the property, demolishing the buildings, um getting rid of the weeds. Um and then kind of started the process of exploring uh the engineering, the approvals, the steps. We knew going into this there would be um flood plane requirements, rules, things that needed to be researched. Um really was our goal to proactively uh attack those things. So, we had preliminary discussions um 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, not cause um worse flooding issues. And you know, that's where we started the the idea of exploring, can we dig in the flood way and actually improve the overall situation? um which is kind of our goal here. Um so uh we've worked with Banner Engineering um to study all these things with uh preliminary things with FEMA uh preliminary drainage issues um balancing the site had to make the site a little less dense than we initially planned just to keep all those things in check. Um, and uh, you know, I've just tried as much as we can, you know, to to really follow the spirit of the new regulations in this area. And especially because we

own the project immediately south of here, we we really have no one to harm more than ourselves if we do this wrong. And so trying to show that uh, we can develop these areas if we follow the rules and we and we do it proactively and and partnering with uh, the folks that are, you know, kind of coordinating all that stuff. So, um, 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. Um, right now, uh, being in a bit of a drought would probably be a great time. Um, but, you know, we may have to wait another year or two for those conditions to reappear for for the right timing to do this project. and um just kind of starting through that process. So, happy to answer any questions probably later on um after if you have any. So, any other uh public comment? Okay, hearing none, I'll close the public comment uh portion of our conversation and move on to council questions and comments. Do any members of the council have questions or comments? Council member Specker. Yeah, and I think Jacob can probably answer this or Mike. Um, last meeting we approved the zoning changes on this and discuss the flood zone and the construction requirements there. I'm just curious when it's platted out like is if 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 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 flood way or does it have to be within the flood zone? I think you're um

or am I just like making this way more? I think council member Specker what you're asking is um when you look at uh filling an area and then providing the u 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 um 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 I think I can sort of answer your question in that I 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 whether it's the same place.

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 flood plane? They they they are within the same parcel as of right now. Okay. Thank you. Just curious. Any followup? Uh councelor Specker? No. Any other questions or comments from council? Okay. Will the city clerk please call the role?

Wendell. I. Avery. I. Doran. I. Hager. I. Specker. I. Tilton Burn. I.

Okay. Okay. Item 11H passes. Let's move on to other business. Item 12A, action on a preliminary plat of lots 1 through three in Herring Cove edition. Mike Struck, community development director will present this item. Mike. Thank you, Mayor and members of the council. Uh the action before you tonight is uh review and potential approval of a preliminary plat for the Heron Cove edition. Um it's this follows the previous item which was the reasonzoning that would allow this development to proceed. Um essentially what they're showing on the preliminary plan is three lots. They coincide um lot three cleared to the east coincides with kind of the boundary of the flood way. Uh lot one is up in the northwest corner and that is coincides with the B3 resoning and then lot two is the R3 uh zoning that would allow uh the residential units. This does meet um our subdivision regulations. In addition to this, there'll be two additional feet of rightway that will be um uh dedicated along Western Avenue so that uh at some time in the future uh if that roadway is expanded or improved, it would have the the rightway necessary to meet our collector standards. Uh this does come to you as a 8 to zero 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? Councelor Dorne. Thank you, Mayor. I just wanted to extend my appreciation for you guys being proactive with this project, engaging staff. Um, I appreciate that you really wanted to be intentional and take your time with this. Thank you. Any other questions or comments from the council? Okay, seeing none, will the city clerk please call the role on item 12A? Avery, I. Doran, I Specker I. Tilton Burn I.

Wendell I. Motion passes. Okay, let's move on to item 12B, action on resolution 2627, 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 role? Doran, I. Hager, I. Specker, I. Tilton Burn, I. Wendell, I. Avery I.

Item passes. Okay. Item 13 is a city council member introduction for future discussion. Uh I'll just note that our next meeting is next Tuesday evening, May 19th. It's a study session. It'll start at 6:00 and be held in this room. Uh it's an upstander and bystander training opportunity uh for staff and members of the council. So we'll be back in this room one week from now. Uh then our next regular uh action meeting is on Tuesday, May 26th. Relatively uh 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. Uh any items that a member of the council would like to introduce for future discussion? Councelor uh Doran.

Thank you, Mayor. I just wanted to take a moment to thank Mr. Davidson for bringing up uh an important community issue. I think there was a lot to consider that was um provided to us today on the local and the state level. Uh I wanted to encourage council through internal discussions as well as just the city in general with um conversations with our e economic and community partners. I do think that this is a conversation that should continue. Um, I don't have a formal request on a study session or 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 adjurnn. So moved and second. Moved and seconded. All those in favor signify by saying I. I. Those opposed, same sign. Meeting adjourned.