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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Brookings City Council Meeting - June 24, 2025: Dog Attack, Rezoning, and Ordinance Updates

Meeting Portal — Tuesday, June 24, 2025

BodyBrookings, South Dakota

SessionMeeting Portal

DateTuesday, June 24, 2025

StatusFILED

Video Record

0:00 / 1:09:16

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:38

I call this meeting to order.

0:41

Please stand for the Pledge of Allegiance.

1:03

Thank you all for attending this evening.

1:05

Will the city clerk please take attendance?

1:08

There are six council members present, Mr.

1:10

Mayor.

1:10

Councilmember Specker is absent.

1:13

Thank you.

1:15

Action on to approve the agenda.

1:17

Entertain a motion to approve the agenda.

1:19

So moved.

1:20

Second.

1:21

Are there any comments from the public on this item?

1:25

Councilwomen questions, comments?

1:27

Please call the roll.

1:29

Avery.

1:30

Doran.

1:31

Aye.

1:31

Hager?

1:32

Aye.

1:32

Meyer.

1:33

Hi.

1:33

Tilden Byrne.

1:34

Hi.

1:35

Wendell.

1:35

Hi.

1:36

All right.

1:37

We have open forum.

1:38

I'd like to make a statement prior to that.

1:40

In order to provide equal access to all during the open forum and public comment portions of the meeting, each individual offering comments shall not exceed the allotted three minute period.

1:51

The podium might turns from green to yellow when there is one minute remaining.

1:55

Your time for comment has expired when the podium light turns red.

1:59

With that being said, is there a member of the public who wishes to adjust address the council on an item that's not on tonight's agenda?

2:08

Please come up and state your name and address, ma'am.

2:17

Do I push this button?

2:19

The green light is not on yet.

2:32

The tenants at 102 Ninth Street have three very aggressive, vicious dogs.

2:37

On June 2nd, uh there was a young lady with a small dog walking her dog on the opposite side of the street, and the dogs were loose and attacked them.

2:47

The dog was killed, and the young lady was injured.

2:51

The police and the um paramedics came and the dogs were removed from the home.

2:56

But after 14 days, they were returned according to the law.

3:06

So I feel that what needs to happen is that the code or the law needs to be changed so that this is not allowed to happen.

3:15

Dogs of this nature should not even be within anywhere within the city limits.

3:20

So now with the dogs returned, until the issue goes to court, and in which case the judge will decide what will happen with the dogs, their back, and potentially the exact same thing could happen again.

3:34

And it could be even even worse than it used to that it was the first time.

3:40

And um it it's not a a big issue, but it affects us personally because we own the house next door.

3:47

Now our tenants want to leave because they're really afraid of the dogs.

3:51

They're afraid for them of themselves and they're afraid of for for their own uh dog that they have that doesn't even want to go outside to go potty because it's terrified of of the bulldogs.

4:03

So I would just really like to see the council give very serious and urgent consideration to change in the code and changing the law so that the dogs could legally be removed from the premises and not be allowed to be able to do that.

4:20

Thank you.

4:22

Thank you for your comments.

4:23

Paul, do you want to see if anyone else wants to speak?

4:26

Yeah.

4:42

Oh, wait, he'll turn screen.

4:45

Um, I also have a statement relating to this issue.

4:48

Um my name is Brooklyn Tomasheski.

4:51

I'm a community member of Brookings.

4:53

Um, as a concerned member of Berkings community, I'm very troubled by the city's um response to the to the events that happen on June 2nd.

5:03

Um I'm a colleague and a friend of the woman that was attacked and that lost her dog.

5:09

Um so I've I've personally witnessed the emotional toll that that's taken on her and that the trauma that she's experienced in losing her dog.

Discussion Breakdown — Share of Meeting

Animal Welfare███████████████████████████████31%

Zoning Regulations██████████████████18%

Engineering And Infrastructure███████████████15%

Procedural██████████████14%

Conditional Use Permit█████████████13%

Budget Equity Analysis███3%

Floodplain Management██2%

Tax Increment Financing██2%

Public Engagement██2%

Summary of Proceedings

Brookings City Council Meeting - June 24, 2025

The Brookings City Council met on June 24, 2025, at 6:00 PM in the Council Chambers. The meeting covered a variety of topics including public concerns over a dog attack, multiple ordinance first readings, two public hearings, and a progress report on city projects. Notable actions included approval of a consent agenda, adoption of a resolution to lease airport property, and direction to staff to explore alternative language for conditional use permit expiration.

Consent Calendar

Approved the City Council meeting minutes from June 10, 2025.
Approved Resolution 25-059 declaring surplus property.
Approved Resolution 25-037 adopting the Brookings County Pre-Disaster Mitigation Plan 2024-2030.

Public Comments & Testimony

A resident (owner of property adjacent to 102 Ninth Street) expressed concern about three aggressive dogs that had been returned to the owners after a June 2 attack that killed a small dog and injured its owner. The speaker urged the council to change the code to allow removal of such dogs from the city limits.
Brooklyn Tomasheski, a community member, spoke as a friend of the victim, describing the emotional trauma and asking for stronger enforcement of animal control policies.
Thomas Chandler, representing a prospective buyer of the Rudebusch property, spoke in support of rezoning 1809 West 20th Street South from Joint Jurisdiction Agriculture to Residence R-1A. He addressed floodplain compliance, tax revenue increase, and noted that if the property remains agricultural, it could be filled with dirt and used for storage, eliminating the floodplain.

Discussion Items

Dog Attack Incident (Open Forum): Police Chief Mike Drake provided a detailed explanation of the incident, the city's animal control code (Chapter 14), the process for declaring dogs vicious, and the legal requirements for returning the dogs to their owners. He noted that the dogs had no prior reports, and the owners met all six criteria for return. The case is now in the criminal justice system with seven charges filed. Councilmembers asked about the timeline for return and whether the code could be interpreted more flexibly for severe attacks. Chief Drake noted that the code is consistent with other municipalities and that changing the timeline could have legal implications. The council did not take action but thanked the chief for his response.
Rezoning (Ordinance 25-013): Mike Struck presented a first reading to rezone one acre of the Rudebusch Addition at 1809 West 20th Street South from Joint Jurisdiction Agriculture to Residence R-1A. The property is in a floodplain and designated as open space on the future land use map. The Development Review Team did not support the rezone due to concerns about setting a precedent, and the Planning Commission voted 5-3 against approval. Councilmember Hager asked about the previous residential structure. After public comment, the council noted the second reading will be July 8, 2025. No vote was taken on the first reading.
Conditional Use Permit Expiration (Ordinance 25-014): A first reading to amend the zoning ordinance to extend the expiration of a conditional use permit from one year to two years. Mike Struck presented the item, noting it was a compromise based on peer community practices. Councilmember Tilton Byrne suggested exploring an alternative that would allow a one-year term with the possibility of a one-year extension through a formal process. She made a motion to direct staff to bring back both versions for the next meeting. The motion was seconded and approved on a roll call vote (6-0). The agenda stated no vote was required on first readings, but the council proceeded with a vote to direct staff. The item will return for a second reading.
Concrete, Asphalt, and Rock Crushing Facility (Ordinance 25-015): First reading to add this use as a conditional use in AG, I-1, and I-2 zoning districts. Mike Struck presented standards including 300-foot setbacks, 100-foot property line setbacks, hours of operation, and dust management plans. The Planning Commission recommended unanimously. Councilmember Tilton Byrne asked about the setback distance and whether a current facility in the community would be eligible. Second reading scheduled for July 8, 2025.
Budget Amendment No. 4 (Ordinance 25-021): First reading to increase the general fund expenditure budget by $2,250,000 for infrastructure and detention pond improvements associated with the Marketplace development (TIF #13). Finance Director Ashley Rynch presented. City Manager Paul Briseno gave a brief update on the Marketplace construction timeline. Second reading on July 8, 2025.
Airport Lease (Resolution 25-047): Public hearing and action to approve a resolution of intent to lease airport property to Isaac Wilde for a hangar at a commercial rate of $0.18/sq ft ($726.76/year). The airport board recommended approval. The council voted unanimously to approve.
Future Land Use Map Amendment (Resolution 25-058): Public hearing and action to amend the 2040 Comprehensive Plan future land use map for a parcel along Main Avenue South from open wetland/urban low intensity to urban medium intensity. The Planning Commission recommended 8-0. The council voted unanimously to approve.
Capital Improvement Plan Sinking Funds (Resolution 25-057): Action to transfer funds for deferred maintenance on city apparatus. The council voted unanimously to approve.
Progress Report: Samantha Beckman presented the June 2025 progress report covering library events, police department hiring, public works projects (slurry seal, 12th Street trail, landfill equipment), and an update on the downtown fire recovery at 314-322 Main Avenue. Each building owner is making progress, with masonry work underway at some locations and demolition completed at others. The next building owner meeting is in late July.

Key Outcomes

Consent Agenda approved unanimously.
Ordinance 25-013 (Rezoning) first reading completed; second reading and public hearing set for July 8, 2025.
Ordinance 25-014 (Conditional Use Permit Expiration) first reading approved with a direction to staff to bring back both the proposed two-year option and an alternative one-year with extension option for the next meeting. Note: The agenda indicated no vote was required on first readings, but the council voted on this item.
Ordinance 25-015 (Concrete/Asphalt Crushing) first reading completed; second reading on July 8, 2025.
Ordinance 25-021 (Budget Amendment) first reading completed; second reading on July 8, 2025.
Resolution 25-047 (Airport Lease) approved unanimously.
Resolution 25-058 (Future Land Use Map Amendment) approved unanimously.
Resolution 25-057 (CIP Sinking Funds) approved unanimously.
The council entered executive session for legal and marketing strategy discussions. No action was taken after the session.

Meeting Transcript

I call this meeting to order. Please stand for the Pledge of Allegiance. Thank you all for attending this evening. Will the city clerk please take attendance? There are six council members present, Mr. Mayor. Councilmember Specker is absent. Thank you. Action on to approve the agenda. Entertain a motion to approve the agenda. So moved. Second. Are there any comments from the public on this item? Councilwomen questions, comments? Please call the roll. Avery. Doran. Aye. Hager? Aye. Meyer. Hi. Tilden Byrne. Hi. Wendell. Hi. All right. We have open forum. I'd like to make a statement prior to that. In order to provide equal access to all during the open forum and public comment portions of the meeting, each individual offering comments shall not exceed the allotted three minute period. The podium might turns from green to yellow when there is one minute remaining. Your time for comment has expired when the podium light turns red. With that being said, is there a member of the public who wishes to adjust address the council on an item that's not on tonight's agenda? Please come up and state your name and address, ma'am. Do I push this button? The green light is not on yet. The tenants at 102 Ninth Street have three very aggressive, vicious dogs. On June 2nd, uh there was a young lady with a small dog walking her dog on the opposite side of the street, and the dogs were loose and attacked them. The dog was killed, and the young lady was injured. The police and the um paramedics came and the dogs were removed from the home. But after 14 days, they were returned according to the law. So I feel that what needs to happen is that the code or the law needs to be changed so that this is not allowed to happen. Dogs of this nature should not even be within anywhere within the city limits. So now with the dogs returned, until the issue goes to court, and in which case the judge will decide what will happen with the dogs, their back, and potentially the exact same thing could happen again. And it could be even even worse than it used to that it was the first time. And um it it's not a a big issue, but it affects us personally because we own the house next door. Now our tenants want to leave because they're really afraid of the dogs. They're afraid for them of themselves and they're afraid of for for their own uh dog that they have that doesn't even want to go outside to go potty because it's terrified of of the bulldogs. So I would just really like to see the council give very serious and urgent consideration to change in the code and changing the law so that the dogs could legally be removed from the premises and not be allowed to be able to do that. Thank you.

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