Brookings City Council & County Commission Joint Meeting – July 8, 2025

The Brookings City Council and County Commission met jointly on July 8, 2025, at 5:30 PM in the Council Chambers. The meeting included a joint public hearing on a zoning rezone request, followed by the regular City Council meeting at 6:00 PM. Key actions included approval of a consent agenda, adoption of a budget amendment, introduction of an ordinance updating the Human Rights Commission’s authority, and two zoning ordinance amendments. The council also entered executive session for legal and marketing strategy discussions.

Consent Agenda

• Approved unanimously the consent agenda, which included:
  • Approval of June 24, 2025, City Council meeting minutes.
  • Temporary alcohol/special event licenses from existing holders.
  • Resolution 25-015 authorizing a 5-year renewal of the On-Off Sale Wine Operating Agreement with Kathy Elenkiwich for Backyard Grill.
  • Adoption of the 2026 City Council Meeting Calendar.

Public Comments & Testimony

• Thomas Chandler (property owner at 410 20th Avenue): Stated he had provided information to the council and stood for any questions regarding the rezone request for 1809 West 20th Street South.

Joint City Council / County Commission – Rezone Ordinance 25-013/25-004

• Staff Presentation (Mike Struck, Community Development Director): The request was to rezone one acre from Joint Jurisdiction Agriculture (AG) to Joint Jurisdiction Residence R-1A (single-family) at 1809 West 20th Street South. The parcel lies within a floodplain; the applicant would need to meet floodplain development standards (elevation, compensatory storage). The Future Land Use Map designates the area as open space. The Development Review Team recommended denial. The Joint Planning Commission voted 5-3 to recommend denial.
• Discussion:
  • Councilmember Doran questioned the fire department’s ability to respond without hydrants. Staff stated tanker trucks would be used.
  • Councilmember Specker queried about the eligibility to rebuild after a previous home was removed. Bob Hill (Community Development Director) clarified that after subdivision (splitting two acres into one-acre lots), the building eligibility for the east lot was lost. The west lot still had eligibility because it was platted before 1975.
  • Councilmember Tilton Byrne and Councilmember Hager echoed concerns about floodplain, municipal service provision, and setting a precedent for piecemeal development.
  • Commissioner Miller noted that if the request were denied, the applicant could still build on the west acre under county agricultural rules without rezoning.
• Vote: The ordinance failed. City Council roll call: Doran (No), Niemeyer (No), Hager (No), Specker (No), Tilton Byrne (No), Wendell (No), Avery (No). County Commission roll call: Post (Yes), Vanderwal (No), Hostler (No), Miller (Yes), Jensen (No).

Presentations & Reports

• Proclamation: Park and Recreation Month (July 2025): Mayor Niemeyer read the proclamation, recognizing parks’ benefits for health, economy, and ecology. Kristen Zimmerman and Park Board members accepted.
• Ex-Officio Reports: Councilmember Hager reported on the June 20 Brookings Health System Board of Trustees meeting, covering pharmacy services, employee satisfaction, measles (no cases in Brookings), rising healthcare costs, and the upcoming “Aiming to Inspire Health” fundraiser (August 7, 3–8 PM, with a UTV grand prize).

Contracts/Change Orders

• Resolution 25-064 – Sidewalk Maintenance Project Award: Approved unanimously. The lowest bid was from Brock Contracting (Sioux Falls) for $52,738.75, which is 53% below the engineer’s estimate. Councilmember Doran noted the significant savings; City Engineer Charlie Richter attributed it to contractors being “more hungry for work.”

Ordinance First Readings

• Ordinance 25-022 – Human Rights Commission Authority Update: Introduced. Presenters (Casey Bell, Lawrence Nabotany, Carla Gatzki) explained that the revised ordinance removes the commission’s authority to investigate, arbitrate, and enforce discrimination complaints. Instead, the commission will focus on education, outreach, and connecting residents to appropriate external agencies (e.g., EEOC). The change is intended to address challenges related to volunteer time, funding, training, and confidentiality. The commission unanimously supports the change. Council discussion centered on maintaining a complaint intake process for data tracking. Second reading and action are scheduled for July 22, 2025.

Public Hearings & Second Readings

• Ordinance 25-021 – Budget Amendment No. 4: Approved unanimously. The amendment increases the general fund expenditure budget by $2.25 million to support infrastructure and detention fund improvements for the Marketplace development (TIF #13), as authorized in a November 12, 2024 development agreement.
• Ordinance 25-015 – Concrete, Asphalt, and Rock Crushing Facilities: Approved unanimously. Introduces “concrete, asphalt, and rock crushing facility” as a new conditional use in AG, I1, and I2 districts. Standards include:
  • 300-foot buffer from non-AG/industrial zoned properties.
  • 100-foot setback from property lines/rights-of-way.
  • Operating hours: 7 AM–6 PM M–Sat (adjacent to AG/industrial); 8 AM–5 PM M–Fri (adjacent to other zones).
  • Required site plan, dust management plan, drainage plan, and traffic plan.
  • Staff noted these facilities are mobile and typically temporary. Councilmember Specker and Doran praised the balance of industrial flexibility and environmental protection.
• Ordinance 25-014 – Conditional Use Permit Expiration: Approved unanimously. Changes the expiration period for conditional use permits from one year to two years. Staff explained that a one-year extension option (Option 2) would require the same ordinance amendment process, so the simpler two-year proposal was adopted. Council discussed that the change provides flexibility without slowing development.

Other Business

• Executive Session: The council entered executive session at approximately 7:00 PM pursuant to SDCL 1-25-2.3 (legal counsel consultation on litigation/contractual matters) and SDCL 1-25-2.5 (marketing/pricing strategies). No decisions were anticipated afterward.

Key Outcomes

• Rezone failed (7-0 City Council, 2-3 County Commission).
• Consent Agenda approved unanimously.
• Park and Recreation Month Proclamation accepted.
• Sidewalk Maintenance Project awarded to Brock Contracting (unanimous).
• Human Rights Commission Ordinance introduced; second reading set for July 22.
• Budget Amendment No. 4 approved unanimously.
• Concrete/Asphalt/Rock Crushing Ordinance approved unanimously.
• Conditional Use Permit Expiration changed to two years (unanimous).
• Next regular meeting: July 22, 2025, with a proclamation, skate park contract award, and five first readings.