OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Brookings City Council Meeting - April 28, 2026: Budget, Zoning, and Animal Ordinance Updates

Meeting PortalTuesday, April 28, 2026
BodyBrookings, South Dakota
SessionMeeting Portal
DateTuesday, April 28, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:32

All right, let's get started.

0:34

I call this meeting to order.

0:36

We stand for the Pledge of Allegiance.

0:58

Thank you all for attending.

0:59

I see that we have an extra large group of uh people in our uh uh seating.

1:04

Uh welcome.

1:05

I think it's state and local government class, correct, Lisa?

1:10

Yeah, all right.

1:12

Just so you know, we're gonna have a marathon meeting tonight.

1:14

It's gonna last until probably a little after nine.

1:16

Just kidding.

1:18

All right, please call uh uh record the attendance.

1:23

There are all council members are present, Mr.

1:25

Mayor.

1:26

City Attorney Vin Stones is joining via conference line.

1:30

All right, thank you.

1:31

Uh action on to approve the agenda, entertain a motion to approve the agenda.

1:36

So moved.

1:37

Second.

1:37

Any comments from the on the agenda from the public?

1:42

Council members, council?

1:44

Questions, comments?

1:46

Please call the roll.

1:48

Hager Nemeyer.

1:50

Aye.

1:50

Specker?

1:51

Aye.

1:51

Tiltonburn?

1:52

Aye.

1:52

Wendell?

1:53

Aye.

1:53

Avery?

1:54

Aye.

1:54

Doran, aye.

1:56

All right.

1:56

Open forum in order to provide equal access to all.

2:00

During the open forum and public comment portions of the meeting, each individual offering comments shall not exceed the allotted three minute period.

2:08

The podium light will turn green, then it goes to yellow.

2:12

And where there is one minute remaining.

2:14

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

2:18

Is there any member of the public who wishes to address the council on an item that is not listed on tonight's agenda?

2:28

All right.

2:29

We'll move on to consent agenda.

2:32

Action on the consent agenda.

2:33

Are there any items to be removed from the consent agenda?

2:37

Councilmember Specker.

2:39

I'd like 5E move, removed.

2:43

Okay, so uh is that a motion?

2:45

We have 5E removed.

2:48

Is that a motion?

2:49

That's a motion.

2:50

Is there a second?

2:56

Then we move on.

2:59

Uh entertain a motion to approve the consent agenda.

3:02

So moved.

3:03

Second.

3:09

Is there any comment from the public?

3:16

Council comments, questions?

3:19

Please call the roll.

3:21

Specker.

3:23

No.

3:23

Tiltonburn?

3:24

Aye.

3:25

Wendell?

3:26

Aye.

3:26

Avery?

3:27

Aye.

3:27

Doran.

3:28

Aye.

3:28

Hager.

3:29

Aye.

3:30

Neymar.

3:31

Aye.

3:32

All right.

3:33

Uh presentations of reports.

3:35

Uh ex-official report from municipal utilities.

3:40

Yep.

3:41

The BMU board met on Friday, April 17th.

3:45

A few of the highlights include destruction or sale of surplus property being approved along with various bids.

3:53

There are rental agreements for land above the well heads that were approved for hay production.

3:59

WAPA or the Western Area Power Administration has updated its renewal renewable energy certificate program and contracts were approved to allow for the resale of credits generated from hydroelectric power.

4:13

BMU is planning to sell its credits to MRES at market rates.

4:46

Opportunities identified include strengthening consumer education and awareness, especially related to energy conservation and efficiency, and informing the public how electric rates are set.

5:00

One thing that was mentioned that could be affecting a lot of people here is that the telecommunication regulatory updates were provided, including a proposed ban on consumer Wi-Fi routers due to cybersecurity concerns with electronics manufactured in China.

5:22

Thank you, Bonnie.

5:23

Yep.

5:24

Questions, comments from council.

5:27

All right.

5:27

We do not have any contracts or change orders this evening.

5:31

Our first readings item 8A.

5:33

Introduction and first reading on ordinance 26-015.

5:37

An ordinance authorizing budget amendment number two to the 2026 budget.

5:42

Ashley Rench, our finance director will present this item.

5:45

Good evening, Mayor, members of the council.

5:48

This is ordinance 26-015, amendment number two to the 2026 budget.

5:53

This budget amendment transfers $13.4 million from the City Council Financial Policy Projects Fund, which represents unassigned general fund reserves into the Brickings Police Station Facility Capital Project Fund.

6:06

It is also establishes the necessary budget authority to begin incurring project-related expenses.

6:13

This action does not represent new funding.

6:15

It formally commits funds that have already been identified by the council for this priority project.

6:21

Over the past several years, the city has evaluated more than 20 potential sites and engage the public throughout the process.

6:28

Based on that work, the proposed location for the police facility is the southeast corner of the Dakota Bank Center lot, which best meets operational needs and makes efficient use of city-owned land.

6:41

A location map and preliminary layout are included in your packet, and the second reading of this ordinance will be May 12th.

6:48

That'll stand by for questions.

6:49

Thank you.

6:50

Thank you, Ashley.

6:51

Is there any public comment or questions on this item?

6:55

Council questions, comments?

6:57

Councilmember Wendell.

6:59

Thank you, Mayor.

7:00

Ashley, I know this is not directly related to the item before us, but for those that have been sort of following along in this conversation over the last couple of years, they know that we've been saving dollars in this fund for what was sort of a public safety center.

7:13

At the time that included police and fire together, potentially in one facility.

7:18

We've now broken those two projects apart.

7:21

This 13.4 is just to be directed to the police department part of part of that project.

7:27

There were other dollars directed to the fire facility.

7:30

Is that correct?

7:31

There was just over six million earlier this year that we directed to the fire facility.

7:34

And so that is now a standalone facility.

7:36

You might have seen a larger number than 13 to 4 that we've referenced as though we save for the project, but this is now moving just to the police portion of the facility.

7:45

Exactly.

7:46

Thanks.

7:48

Okay.

7:48

Any other questions, comments?

7:50

Paul?

7:51

I would just say on top of the heel or on the heels of that, as uh Councilmember Wendell pointed out, roughly 19 million dollars.

7:58

And I say this every time 19 million dollars has been saved by this city council.

8:03

Roughly every year we bring in around $4 million in property taxes.

8:07

Most communities would increase property taxes to pay for $19 million.

8:12

This council saved $19 million rather than increasing property taxes.

8:16

That would almost double your taxes, but instead, again, they saved it.

8:20

So a pat on the back to the city council and of course staff who helped save this over the years.

8:27

All right.

8:36

Introduction, first reading on ordinance 26-014.

8:40

An ordinance to amend Section 94-362 home occupations.

8:45

Ryan Miller, our city planner, will introduce this item.

8:48

Good evening, Mr.

8:49

Mayor and members of the council.

8:51

This is the first reading in introduction of ordinance 2614.

8:55

It's amending section 94 362 home occupations.

8:59

I believe this was introduced at a study session back in the fall of 2025.

9:05

Staff has been looking at our home occupation ordinance, trying to kind of update it and make it more friendly for some of the smaller in-home businesses.

9:15

So currently the home occupations are split into two different tiers.

9:20

There's a minor home occupation and a major home occupation.

9:23

The minor home occupation is more of an administrative permit.

9:34

And the more impactful home occupations are major home occupations which run through the conditional use process through the planning commission and city council.

9:43

Staff looked at ways to improve this and came up with a three-tier system which adds a no-impact home occupation to uh the minor and major.

10:00

The no impact would be a buy right use for the property, meaning a homeowner could do a no-impact home occupation without any zoning permit or administrative permit.

10:06

In order to qualify for that, there must be no outdoor storage, no on-site sales, no non-resident employees.

10:15

The home occupation may only be within the primary structure and may only occupy 500 square feet of that primary structure.

10:25

No on-site clients, no parking required, and there cannot be a separate entrance for the home occupation for client entry.

10:33

So that is a new port part of the home occupation ordinance.

10:37

We also did tweak the minor and major to make them a little more differentiated from the minor or from the no impact.

10:44

So the minor will still require a zoning and use permit.

10:48

They will not be allowed to have outdoor storage.

10:51

They can have one client and one on-site sales by appointment at a time.

10:57

No non-resident employees are allowed.

11:00

The minor home occupation could occur in the principal or accessory structure, and again, no more than 500 square feet of one story.

11:07

One off-street parking is required, and there is uh separate entrance allowed for uh minor home occupation.

11:15

And then the major home occupation, we still have that in the ordinance.

11:18

It would still require a conditional use permit.

11:21

Um that would allow up to two on-site sales or clients at a time.

11:26

One non-resident employee would be allowed.

11:29

Um it can occur within a principal or accessory structure, and 50% of one story and two off-street parking spaces would be required.

11:40

Uh we added a few other things in there to try to uh simplify it.

11:44

I think a lot of the uh home occupation, major home occupations that have come for approval have always come with a few standards such as they can't be transferred to another homeowner or taken with the homeowner to another site.

11:57

So we just made it a general standard for all home occupations that are non-transferable.

12:02

And we did also add in that all home occupations must comply with other state and federal laws.

12:08

Uh that's a brief introduction of it.

12:10

There will be a public hearing and and uh action on May 12th.

12:14

Then I'll stand for any questions.

12:16

All right, thank you, Ryan.

12:18

Is there any public comment on this item?

12:22

Council have any questions, comments at this time?

12:26

All right, second reading, May 12th.

12:28

Item 8C, introduction, first reading on ordinance 26-016.

12:34

An ordinance to change the zoning within the city of Brookings, portions of outlet two in the southwest quarter of the northwest quarter in section 23, Township 110 North, range 50 west from a residence R1A single family district to a residence R3 multifamily district and a business B3 heavy district.

12:55

Ryan Miller will also present this item.

12:58

Thank you, Mr.

12:58

Mayor, and members of the council.

13:00

Uh, this is the introduction and first reading of ordinance 2616.

13:05

Uh changing the zoning uh for a lot on Western Avenue, uh, just north of the Heron Cove apartment complex.

13:13

Um this would be changing uh from an R1A single family into uh three different zoning districts essentially.

13:23

Um the far northwest corner, uh there'd be a 1.1 acres in the northwest corner, it would be zoned to business B3 heavy district, as you can see here on this map.

13:34

Uh kind of the central portion would be changed to R3 multifamily, and then the remainder on the east side, kind of along the creek and east of the creek would remain R1A.

13:46

Uh this was submitted along with a preliminary plot, which you will see at the May 12th meeting.

13:52

Um the area is completely located within the floodplain, so there will be a floodplain development process required for any development on these lots.

14:01

Uh the feature land use map for this uh is in a business park with uh open wetland overlay as well.

14:09

Uh the business park would support a kind of a mix of business, office, and multifamily residential to support a business park environment.

14:19

And then obviously the open space floodplain is on there to tie in with our floodplain map.

14:26

Um that's the introduction.

14:28

This will have a second reading and public hearing on uh May 12th.

14:33

I'll stand for any questions.

14:35

Thank you, Ryan.

14:35

Is there any public comment on this item?

14:39

Council questions, comments?

14:41

Councilmember Specker.

14:43

Yeah, Ryan, um the council change, you know, the building requirements in floodplains with that two-foot elevation.

14:51

Is it different if it's in a floodway?

14:55

Uh typically the floodway, you would want to avoid structures entirely.

15:00

Uh that's like in the um actual moving water portion of a creek or river be the floodway.

15:05

The floodplain is where we would require the two feet above for fill and uh provide compensatory storage wherever you're filling in the floodplain, but a floodway would be handled differently, and typically you just want to avoid that all together, um, which is why um the eastern, you know, half to two thirds or eastern half to a third of that is left alone on the R1A.

15:28

Uh that's where more of the floodway is.

15:31

So they're not necessarily going to be building anything in that floodway in the R1.

15:36

I don't believe they would permit anything in the floodway, no.

15:40

Okay.

15:41

Thank you.

15:43

Councilmember Tilton Burden.

15:45

Um thank you, Mayor.

15:46

Uh you had mentioned that there are some uh floodplain elements that would come into play uh in the development of this.

15:53

Um could you give just a high level overview of what that might look like?

15:58

Sure.

15:58

So uh this like I mentioned this will come with a preliminary plat, and so at that preliminary plat phase uh will require a drainage plan, um, grading plan, those types of things at the preliminary plat stage.

16:10

Uh so the developer will need to start to consider um where they're going to be having on-site detention and included in that will need to be compensatory storage uh for any floodplain areas.

16:23

So if they fill a site in there for a dwelling or a building, they'll need to provide compensatory storage on a one by one basis somewhere else within that uh floodplain.

16:34

Um and uh that would go through our engineering department.

16:37

It's a floodplain development process which we required before they could get a building permit.

16:42

I appreciate that um explanation.

16:43

I think part of the reason we had made some of those changes to development in these floodplain areas is because of the concern of uh water potentially going to other adjacent properties if it if that um dirt was kind of displaced.

16:57

Uh and so knowing that there would be the review process for the compensatory storage and all of that, I think helps us um kind of get our minds around what a floodplain development might look like.

17:06

So I appreciate that explanation.

17:10

Councilmember Wendell.

17:12

Thank you, Mayor.

17:14

Uh Ryan, my question is related to a conversation that it appears happened at the planning commission as I read the minutes.

17:20

It sounds like one of the commissioners had some questions about trail connectivity.

17:26

Uh, if this were to be developed into the future, it expressed some concern around uh the lack of walkability and and kind of safe walkability of Western Avenue, and as we consider further density along Western, um are there conversations with this developer uh and the city about uh trail connectivity and should we be considering prioritizing uh trail connectivity along Western?

17:51

Yeah, currently there is no sidewalk or trail on Western Avenue, uh so it'd be similar to the Heron Cove to the south and the monument view, I think, to the west of that.

18:02

There's really no great connectivity to get um down western avenue and into the community.

18:08

Uh there would be the potential with this development here to it, it's the same owner um as the Herring Cove to the south, so they could potentially tie into Heron Cove, and the developer has mentioned the potential of doing potential potential of doing so.

18:22

I think it's tie into Heron Cove, which then does get pretty close to the Sex Hour Park campground and bridge across the creek.

18:31

It's not you know the best solution, but there are some internal connectivity options with the developer.

18:37

Beyond that, um we don't have any plans that I'm aware of now in our capital improvement plan for any sort of trail or sidewalk along Western Avenue.

18:46

I think there is a future trail in our trails master plan in that area, but it's it's nothing immediately planned for.

18:53

Thank you for that.

18:54

I I know that it's not currently a priority in our CIP.

18:57

I just think as we consider additional density along Western that you know, some of the solutions you may have discussed uh conversations that are maybe already happening with the developer there.

19:07

I'd be curious to know if we should continue to consider that and and maybe bump that up on our priority list as we consider additional density uh in that corner of the community.

19:18

And that's what the commission uh planning commission member also uh mentioned.

19:22

Maybe it's a time to bump up the priority.

19:24

That was her her thought as well.

19:26

Yes.

19:26

Thank you.

19:28

Councilmember Duran.

19:31

Uh Councilmember Wendell answered or asked my question, so I'm good.

19:34

Thank you.

19:35

Councilmember Hager or uh Avery, do you have comments, questions?

19:39

All right.

19:40

Thank you, Ryan.

19:42

And we'll move on to item 8D, introduction and first reading of City or Brookings Ordinance 26-013.

19:50

Brookings County Commission Ordinance 2026-02 and ordinance amending Chapter 94 appendix A, joint ordinance joint zoning ordinance for Brookings County and the City of Brookings.

20:03

Ryan will present this item also.

20:05

Thank you, Mr.

20:05

Mayor and members of the council.

20:07

This one's uh pretty simple.

20:08

Uh this is the introduction, first reading of ordinance 2613, amending the joint jurisdiction ordinance.

20:16

Um the county uh zoning staff proposed a change and the notification requirements in a the joint jurisdiction ordinance uh to go from a minimum 14 days to a minimum minimum of 10 days.

20:29

Uh they changed it from 10 to 14 days a few years ago when the joint jurisdiction ordinance was updated, um, and then with the changes that have happened since then, and with publication deadlines, um county staff proposed that we go back to the minimum 10-day requirement, which does match uh state law, county zoning ordinance, city zoning ordinance, and uh they do still plan to likely um notice that 14 days, and doing that allows you an extra publication date if something gets missed or there's an error.

21:02

We still have one extra publication date on that tenth day to get it in on the agenda.

21:10

All right, thanks, Ryan.

21:11

Any comments from the public on this item?

21:16

Council questions, comments?

21:20

Councilmember Hager So this comes to us on a 4-1 vote from the planning commission, and we didn't receive any minutes from that meeting.

21:31

So could you clue us in into what their concerns were regarding this particular item?

21:36

Well, sorry, there weren't any minutes, and then I tried to get those minutes on the agenda.

21:40

Um I didn't hear any discussion at the meeting regarding it necessarily, but uh my thought is any time you see um a case where you're reducing the number of days that a notice is required, it can be seen as maybe um not the best for public notification and public knowledge.

21:59

In this case, the plan is to continue um posting notice on the 14-day um before a hearing, it's just reducing the minimum from 14 to 10.

22:13

Okay.

22:13

So then my second question is the memo talked a lot about, like you mentioned here, how this kind of gives you still some extra time to fix anything if there is a mistake.

22:24

How frequently is there a mistake where we need an additional notice to be published?

22:30

Uh I mean, on on my end of it from the city side, you know, we'll have a handful of times, you know, maybe two or three times a year, whether there's a typo in the publication or it, you know, one of the attachments in the email to the to the paper didn't get caught or added.

22:45

So it happens, you know, two or three times a year on on my end, at least I notice it.

22:50

Okay, thank you.

22:52

Councilmember Duran.

22:55

That was my same question.

22:56

Yeah.

22:56

Well, I I guess I I will I will ask.

22:59

Um I'm curious qualitatively, have you heard from any community members um that 14 days made a difference?

23:05

Like thinking four days, that's a pretty minimal change.

23:08

Uh so I'm just wondering if you've heard from committee members that they appreciated that extra time or if you have any data to go off of it.

23:15

I haven't heard anything.

23:17

Um I typically look at it as um you don't want to be too um late before the meeting to provide notice, but you also don't want to be too early to provide notice, and then somebody may forget, you know, if we do it uh you know three weeks out, um, even two weeks out, you're getting to a point where it's you might see it on the paper and think, oh, that's two weeks out and I'd be loved to go, but then they forget about it.

23:38

So you don't be too early, you don't mean too late.

23:41

So um it's it's a good it's a good uh happy area, 14 days.

23:46

Sure.

23:46

Okay, thank you.

23:48

Councilmember Avery.

23:50

So my understanding that on this date that we'll be discussing this and voting on it, that'll be a joint county city um meeting.

23:59

We'll have the county commission here and the the city council in the same room and both have to pass that.

24:06

Yeah, yes, that's correct.

24:07

So it's a joint jurisdiction ordinance amendment, so it has to be passed by both the city council and the county commission.

24:13

So on the 12th, it'll be a joint uh meeting.

24:16

Okay.

24:19

Yes, Bonnie.

24:20

Just to remind the council, the on May 12th, when we have this joint meeting of the city council and county commission.

24:26

That portion will start at 5 30 with a six o'clock regular meeting.

24:33

And I will not be present at that meeting.

24:35

I will be along with city staff and pay at Arkansas.

24:39

Nick, are you planning on attending that meeting?

24:41

All right, we're good to go then.

24:43

Otherwise, it was up to to uh Holly to take care of it after that if Nick couldn't make it.

24:49

So um any other comments, questions.

24:53

All right, we will move on.

24:55

Those are all our first readings.

24:56

They would all be uh on the 12th again.

24:59

Second readings and public hearings.

25:00

Item 9A, public hearing in action on a special event temporary alcohol license application from the Brookings Cubs amateur baseball group.

25:09

Bonnie Foster, our city clerk will introduce the rest.

25:12

Mayor and council members, this request is for a temporary alcoholic license for the Brookings Club's amateur baseball group.

25:19

They have 11 dates in their game season here for the 2026 season.

25:24

The Cubs have been awarded this special event license since 2019, with the exception of 2020 due to COVID.

25:32

There have been no concerns and no alcoholic beverage compliance failures at these events.

25:38

Aaron Jornby is present this evening.

25:41

He is a Cubs representative.

25:43

If you have any questions for him, staff recommends approval.

25:46

Thank you, Bonnie.

25:47

Entertain a motion to approve.

25:49

So moved.

25:50

Second.

25:51

Open to public hearing on this item.

25:53

Is there any public comment?

25:58

Public hearing is closed.

26:00

Does the council have any questions or comments on this item?

26:04

Please call the roll.

26:05

Tilton Byrne.

26:06

Aye.

26:06

Wendell?

26:07

Aye.

26:08

Avery?

26:08

Hi.

26:09

Doran.

26:09

Aye.

26:10

Hager.

26:10

Aye.

26:11

Neymar.

26:12

Aye.

26:12

Specker.

26:13

Aye.

26:14

All right.

26:16

Chief Drake here.

26:19

Oh, yeah.

26:20

There he is, behind the guy with purple glasses.

26:22

All right.

26:23

Item 9B, third reading in action on ordinance 26-011.

26:27

And ordinance amending chapter 14.

26:30

Animals of the code of ordinances of the city of Brookings.

26:33

South Dakota.

26:34

Michael Drake, our police chief will introduce this item.

26:40

Thank you, Mr.

26:40

Mayor and members of the City Council.

26:43

Third reading for uh Agenda 9B ordinance 2601.

26:50

And this revises the city code of ordinances and makes amendments to chapter 14 as it were in regard to animals.

26:57

It is the third reading.

26:58

We did have two other readings.

27:00

The first reading that we did provide, there was direction from city council regarding chickens, which we then went back to the city ordinance for the second reading and then re-instituted uh those three sections that specifically uh addressed uh fowls or chickens uh to be owned in the city of Brookings 1482, 1488, and 1490.

27:19

The amended for the third reading, uh the amended uh sections that we look at at a high-level overview is we were looking to uh upon the citizenry in our community, came to the police department through the city staff to recommend that we take a look at the animal ordinances based on a few different things that we have.

27:37

And just to make a note, we haven't done this and done any revision since October of 2013.

27:42

So Hudson Spoon and Moore, our uh community service supervisor along with Midge Christensen, our executive um coordinator for the police department, took this upon them through city staff to make sure that we took a hard look at it.

27:54

And what we looked at changing in in this, if it's approved this evening, is we wanted to make sure we updated those definitions in that article um chapter to make sure that it started to reflect our community service unit, which has taken place of the animal control unit that we used to have, and that the terminology reflected what standard best practices are used throughout the nation, uh, so that city of Brookings becomes compliant with that.

28:18

Uh we also took a look and revised the pet licensing to make sure that we were current with vaccination protocols, and really, and you'll see this kind of reflected throughout some of those changes was really to encourage the and support responsible pet ownership.

28:32

Um we also looked at adjusting the fines amounts for certain ordinances, again encouraging that compliance, but really in an effort to prevent uh recurring violations and members that are always um kind of being that recurrent or recidivist when it comes to violating the ordinances.

28:48

We wanted to make sure that our municipal code was aligned with the codified law for South Dakota, especially when it comes to providing care for injured disease or mistreated animals, uh, and also provides liability protections.

29:01

We enhance 14-126, which provides, and and if you remember, uh when we do have animal tax, we had the restricted animal portion.

29:08

Uh Hudson Spoon and Warren and Midge looked into this and divided it into restricted animals and vicious animals designation to make sure that we were tracking animals uh appropriately when there were bites or uh acts of aggression.

29:20

And we you adopting if it's adopted tonight, we'll adopt the use of the Dunbar aggression assessment scale.

29:26

And this is something that's a practice, a gold standard in this um realm to be objective and transparent to provide for like a safety-focused intervention when it comes to animals and their aggressive behavior.

29:38

And then lastly, adding Article 7, which establishes rabies control measures to prevent the spread of that disease is important as we go forward to make sure that we're in compliance and providing the utmost uh um health and safety when it comes to animal ownership and protection.

29:52

Um with those, we asked that uh through staff's work and with the consultation of our city attorney.

30:07

All right.

30:08

Entertain a motion to approve.

30:10

So moved.

30:11

Second.

30:12

All right, is there any public comment on this item?

30:17

Council have any questions or comments?

30:22

This might not be the time for ask this question, but if you do guys you know, capture a stray dog or anything.

30:29

Is there any protocols involved in making sure that that dog has had a rabies vaccine before you release it back to the owner?

30:38

Uh good question, Mayor.

30:40

Yes.

30:40

Uh any time uh unidentified a animal comes into our shelter um before they are released back to the public when their owner comes, uh we ensure that they have their rabies vaccination in the chance that they don't uh we require them to leave a deposit with us.

30:59

It's usually a hundred dollars, um, which is an insurance that they go and get that animal vaccinated.

31:06

Upon doing so, they'll come back and show us that proof, and then they get that deposit back at that time.

31:11

Okay.

31:12

Councilmember Avery.

31:15

Just a general question.

31:17

We had had some issues earlier in the year that you know this with the vicious dogs, or so were some other other animals were harmed and that.

31:25

And it seemed like there was questions of whether we were able to handle that or control that situation the way we wanted to.

31:32

And are there changes in this ordinance now that would make that easier to do or more effective?

31:38

Yeah, I think what we did, sir, just to answer that question is we didn't just the the ordinance we had was pretty um uh precise.

31:46

But we we what we did is when we looked at other municipalities, especially in South Dakota, we bifurcated that to do that, where it's not just we went from one to also vicious animal.

31:56

So when there is a dog bite, there's a lower level now that when we use that dunbar aggression, we can stick with that.

32:03

If there's a repeat or a severe attack, then we can also do a vicious.

32:07

So we ended up you know splitting it so that there's two sections of it, one being a less severe first offense, one that could be more severe or repetitive offense, depending on the injury sustained and what the in so making it more robust, and that allows the city um a wider uh array of how to handle the situation instead of one narrow one, and then it fleshed out the appeals to that as well so that the pet owner of the dog that could be labeled restricted or vicious can go through the proper uh um appeals process as applicable through due process to make sure that we strengthen that so it's pretty well spelled out now for people when they look at this ordinance what the expectation is when there is an aggressive dog or an attack with an injury, whether it's to an animal or a human being.

32:55

Yes, sir.

32:57

Any other questions, comments from council?

33:00

Please call the roll.

33:02

Wendell.

33:03

Aye, Avery.

33:04

Aye.

33:05

Doran?

33:05

Aye.

33:06

Hager, aye.

33:07

Neymar.

33:08

Aye.

33:08

Specker, aye.

33:10

Tilton Byrne, aye.

33:12

All right, move on to item 10.

33:14

Item 10 A.

33:16

Action on resolution 26-027.

33:20

A resolution amending the consolidated fee schedule.

33:23

Ashley Wrench, our finance director will present this item.

33:27

Thank you, Mayor, members of the council.

33:28

This is resolution 26-025, amending the consolidated fee schedule.

33:33

This resolution updates fines and fees associated with the chapter 14 of the city code related to animal control that we just heard.

33:41

Um, this resolution ensures that this fee schedule is consistent with those code changes.

33:49

Updates include revised fines for violations such as abandonment of animals, hunting and trapping violations, deer feeding prohibitions, dogs running at large with escalating penalties for repeat offenses, violations related to restricted and vicious animals and rabies control and vaccination requirements.

34:10

And the resolution also includes updated licensing related fees.

34:23

Staff recommends approval of this resolution as presented, and I'll stand by for questions.

34:27

Thank you.

34:28

Thank you, Ashley.

34:29

Entertain a motion to approve.

34:31

So moved.

34:32

Second.

34:33

Move to second.

34:34

Is there any public comment on this item?

34:36

Any questions from the public?

34:40

Council have any questions, comments on this item.

34:43

Please call the roll.

34:45

Avery.

34:46

Aye.

34:46

Doran.

34:47

Aye.

34:47

Hager.

34:48

Aye.

34:48

Neemaier.

34:49

Aye.

34:50

Specker.

34:50

Aye.

34:51

Tilton Byrne.

34:51

Aye.

34:52

Wendell.

34:53

Aye.

34:54

Okay.

34:54

Item 10B, action on resolution 26-026.

35:00

A resolution of support for the park and rec and forestry department to apply for the land and water conservation fund 2026 grant cycle.

35:07

Kristen Zimmerman, our Park and Rec and Forestry Department Director will present this item.

35:15

Good evening, Mayor and Council.

35:17

Resolution 26-026 supports our application for the land and water conservation fund for the Lions Park Playground Replacement Project that is set to occur in our fiscal year 2027.

35:29

The project will replace the existing playground structure with a new lion themed, highly accessible play area designed to complement our existing Truman's Den, which was added to the park about three years ago, right when I first started.

35:45

Enhance the overall park experience.

35:47

Throughout the process, we'll engage community stakeholders throughout the design process to ensure the space reflects local needs and exceeds ADA standards where feasible.

36:20

Just so you're aware, the Lions Park is already a designated land and water conservation fund site, so there's no additional land restrictions placed on that park property.

36:30

Staff recommends approval of this resolution to move forward with the grant application.

36:35

I stand for any questions.

36:37

Thank you, Kristen.

36:38

Entertain a motion to approve.

36:39

So moved.

36:40

Second.

36:42

Been moved and seconded.

36:43

Is there any public comment on this item?

36:47

Councilmember Tilton Byrne, do you have a comment?

36:50

I just want to say thank you.

36:52

Uh I look at this uh concept design here that you have in front of us, and it is such a interesting, unique design.

36:59

Um, I just commend you and your team for being creative and bringing forward a really uh amazing facility that is accessible but also uh appealing to look at, and so thank you for that.

37:10

If you look at it really closely, you can climb out the mouth and it's all netted, and so that's a great place for like family pictures.

37:16

It's super cool.

37:17

That is awesome.

37:18

Thank you.

37:20

All right.

37:21

Uh we're done on this side.

37:23

Councilmember Wendell.

37:26

Thank you, Mayor.

37:27

Uh, I'm sorry, Kristen.

37:31

I just wanted to make sure I understood the funding mechanism.

37:34

If we've got 170,000 identified in the future on 2027 plan, is that designed to be uh regardless of what grant dollars come in, or would that number go down if we're able to secure more grant and private dollars?

37:49

Um that would be with this grant, we could get something like this.

37:52

Okay, so the 170 we're kind of in on for sure, and then the grant dollars and private donations would help us get to this place.

37:59

Yep.

38:00

Okay, thank you.

38:02

Councilmember Duran.

38:04

Thank you, Mayor.

38:05

Um, two quick comments as I I want to reiterate my appreciation for uh the design of it being a public R piece as well as the um prioritization of the accessibility of the playgrounds.

38:17

I know that is a personal passion and a priority of yours, so I I always want to point that out because I really do appreciate that, and I appreciate that you engaged our Brickings Disability Awareness Committee too, so we could involve those perspectives in this.

38:30

Um I have one question about the project uh with the funding.

38:35

So I know we have a lot of projects that we're looking at donations for and sponsorships with uh this grant and trying to get to that number.

38:45

Are you actively looking at sponsors or trying to recruit sponsorships for this?

38:49

Or if someone is interested in learning more, should they contact your office or why don't you talk about that a little bit?

38:54

This project is solely the land and water conservation fund and city funding.

38:58

Okay.

39:00

It's an additional park amenities may be added over time uh as donations are secured.

39:05

Yeah, if people want to um donate to the parks and recreation forestry department, we're more than willing to add amenities as needed, like benches or that sort of thing.

39:14

We're always we have a donation policy, so feel free to come talk to us at it any time.

39:20

Sure.

39:20

That's great.

39:21

I just want to open it up to the public and invite them to have that personal investment in our park system as well.

39:26

So thank you for explaining that.

39:28

That's all.

39:30

All right.

39:30

Any other questions, comments?

39:33

Please call the roll.

39:35

Doran, aye.

39:36

Hager, aye.

39:37

Neymar, aye, Specker, aye.

39:40

Tilton Byrne, aye.

39:41

Wendell, aye, Avery.

39:43

Aye.

39:44

All right.

39:45

Our next thing on the item is our our monthly progress report.

39:48

Samantha Beckman, our assistant city manager, will present this item.

39:55

Good evening, Mayor, members of council.

39:58

This is the April 2026 Progress Report.

40:03

The Finance Department has once again been awarded the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the City's 2024 Annual Comprehensive Financial Report.

40:17

This award is the highest form of recognition in governmental accounting and financial reporting and reflects the city's commitment to transparency, accountability, and high quality financial management.

40:30

In addition to that, the finance office also received the Distinguished Budget Presentation Award, which can largely be attributed to our online budget book, which you can find on the website listed on the screen above.

40:47

In the public works department engineering division, they've got several upcoming projects.

40:52

Lots of them are routine maintenance projects this year.

40:56

We do have a couple that are notable for me to point out in the next month here.

41:00

The Slurry Seal project is scheduled for June month or two, I should say.

41:07

Scheduled for June.

41:31

BMU was also able to share some of their construction projects as well.

41:36

And this month at the airport, we had a prescribed burn along Six Mile Creek as a preventative measure.

41:44

And I just wanted to take the time now too to point out that we will have more prescribed burns throughout the season as weather permits.

41:54

In the engineering division and the forestry divisions, we've got the stormwater incentive program that's back for another year.

42:03

This year we'll be doing the reimbursements for native plants as well as the rain barrels.

42:09

And the urban forest initiative is also back this year.

42:13

Those are vouchers for planting and treating trees in your residence at home.

42:19

You can find out more on the city's website or call in to the public works department or the parks and rec department.

42:30

The police department officers were present at several Dakota Bank Center events this month, and also had the opportunity to do a lot with our younger residents by visiting the SDCU Early Childhood Learning Center to show off a real police car to preschoolers.

42:47

Speak with law and speak about law enforcement at a fifth grade career day in Esteline and attend the Week of the Young Child at the Children's Museum.

42:57

In the last month, officers were also able to provide security for the annual pub crawl event, which also included closing down a portion of Main Avenue again this year to increase that pedestrian safety aspect.

43:27

Please contact the city in advance.

43:30

Happy to help provide some pre-planning with those.

44:32

But that's thanks to uh quick action from our folks too.

44:37

Um we have the public arts commission that is currently looking at uh a new art piece at the Dakota Nature Park as well.

44:46

So stay tuned to see what that art piece will look like.

44:49

The summer recreation programs are filling fast, but you can still head to our website and see what programs are still available for the summer.

45:00

And we are still looking for volunteers that want to help with the wall that heals when that comes into town.

45:05

The wall will be here June 11th through the 14th, and volunteer training will take place on June 10th at 6 p.m.

45:14

And last for the parks department, uh May is bicycle safety month, so make sure that you are wearing your helmet and looking both ways.

45:24

The Solid Waste Division of the Public Works Department.

45:27

We wanted to take some time here to say thank you to all of our staff that were able to participate in the spring bulky item pickup.

45:34

Um we had collected just over 500,000 pounds of solid waste curb side, but we also have more than just the curb side that we do.

45:44

So a grand total of 688,940 pounds or just under 345 tons of solid waste were collected.

45:57

In addition to that, that week was a the first week that the e-waste program was free at the landfill, and that collected just over 20,000 pounds of waste as well.

46:09

So again, taking some time to say a huge thank you to all of our staff that were involved in that.

46:15

It takes several departments, um several staff all week.

46:20

Uh and the solid waste division is also implementing their route optimization study right now.

46:25

They added some new GPS software to the landfill equipment and recently completed hydraulic drilling at the landfill in preparation for future expansion that will happen down the line.

46:39

And last but not least, the Dakota Bank Center in April will host 15 events.

46:44

Uh highlights here included the Taste of Brookings event where the Dakota Bank Center staff took home the Golden Fork Award, the Jackrabbit Stampede Rodeo that brought in 4,500 attendees throughout the weekend, and the 38 special concert.

47:00

And then we've also got some upcoming community events noted on the screen above.

47:05

And if anybody's got any questions, I can take them now.

47:11

Uh maybe a question for Kristen.

47:13

You're still looking for volunteers for the uh wall that uh that heals.

47:22

Uh what are some of the responsibilities that and and things that the volunteers may need to do?

47:28

Um what we're needing right now is a lot of the overnight hours.

47:32

So um in the evening, well, throughout the time that the wall is healed, it heals um is here, it's open 24 hours a day so that anybody is able to go whenever, um, but it's also staffed 24 hours a day through volunteers just to make sure that when people attend or come to visit us that they are getting this the support, finding people's names on the walls and looking in the directory is actually really kind of cool, and they nerd out a little bit, but um it's it'll be a lot of fun and it'll be a get good group of people.

48:06

Um, and you can sign up through by calling our office, or if you just put in the wall that heals Brookings, it takes you right to our website and all the information is right there.

48:18

Thank you, Kristen.

48:20

Questions, comments?

48:21

Councilmember Duran?

48:23

Thank you.

48:23

Uh before you leave.

48:25

Another thing.

48:26

Um, I was just wondering if you could overview you you're still accepting names for the wall too, is that correct?

48:32

Yeah, so um with the Vietnam Veterans Memorial Fund, they recognize that a lot of our people in our community and throughout the country that served in Vietnam have come back and have since passed.

48:47

So they want to be highlighted as well.

48:49

So if you know anybody in that area, um stop by our office.

48:55

What we need is a copy of our DD 214, um, some pictures and a little bio, and we'll fill out all the paperwork and make it as easy as possible for anybody.

49:05

Um, but that's a part of the wall that heals.

49:07

So whenever it comes into South Dakota, those people will also be highlighted along with the wall through their wall that faces memorial and museum.

49:20

Thank you.

49:22

Okay, any other questions, comments?

49:24

All right, thank you very much.

49:26

That kind of is uh the end of our meeting this evening.

49:29

Our next meeting is May 12th.

49:32

Uh, and then study session on May 19th.

49:35

Uh, some of the items coming up, Bonnie.

49:38

I don't have a sheet that tells us what we might have, except for what we have for second readings from tonight's first.

49:44

Uh, do we have any contracts or change orders?

49:47

If you want to list it off, go ahead, Bonnie.

49:49

Yeah, there are no contracts or change orders.

49:51

The only thing I have at this time are the second readings for the first readings held this evening.

49:56

All right.

50:00

Okay, and then uh the items that we have on the nineteenth for that what is that, Bonnie?

50:04

Uh the study session on nineteen on uh May nineteenth at this time is a upstander bystander training.

50:12

Okay.

50:13

Is there any other items that the council would like to bring before for uh consideration?

50:21

All right.

50:23

That being said, uh entertain a motion to adjourn.

50:26

So moved.

50:27

Second.

50:28

All those in favor say aye.

50:29

Aye.

50:30

Aye.

50:30

Meeting adjourned.

50:32

Thank you for being here.

Discussion Breakdown — Share of Meeting
Procedural███████████████████████23%
Engineering And Infrastructure███████████████████19%
Animal Welfare█████████████13%
Parks and Recreation███████████11%
Fiscal Sustainability█████████9%
Economic Development███████7%
Active Transportation██████6%
Public Engagement██████6%
Community Engagement██████6%
Summary of Proceedings

Brookings City Council Meeting - April 28, 2026

The Brookings City Council met on April 28, 2026, for a regular meeting that included first readings of several ordinances, a public hearing, and final action on multiple items. Key topics included a $13.4 million budget amendment for a new police station, updates to home occupation regulations, zoning changes near Western Avenue, and a comprehensive revision of the city's animal control ordinance. The meeting also featured monthly progress reports and recognitions.

Consent Calendar

  • Councilmember Specker requested item 5E be removed from the consent agenda. The remainder of the consent agenda was approved with Specker voting 'no' and all other members voting 'aye'.

Presentations & Reports

  • BMU Board Report (April 17, 2026): Highlights included approval of surplus property sale, hay production rental agreements for well head land, and Western Area Power Administration (WAPA) updates on renewable energy certificate contracts. BMU plans to sell hydroelectric credits to MRES at market rates. A proposed ban on consumer Wi-Fi routers due to cybersecurity concerns with electronics manufactured in China was also discussed.

Discussion Items

8A: First Reading – Budget Amendment for Police Station (Ordinance 26-015)

  • Finance Director Ashley Rench presented a budget amendment transferring $13.4 million from the City Council Financial Policy Projects Fund (unassigned general fund reserves) into the Brookings Police Station Facility Capital Project Fund. She emphasized this is not new funding but formal commitment of previously saved funds. The proposed location is the southeast corner of the Dakota Bank Center lot. Councilmember Wendell clarified that $13.4 million is directed solely to the police portion of what was originally a combined public safety center; $6 million was previously directed to the fire facility. Councilmember Paul praised the council for saving roughly $19 million instead of raising property taxes, noting the city collects about $4 million annually in property taxes.

8B: First Reading – Home Occupation Ordinance Update (Ordinance 26-014)

  • City Planner Ryan Miller introduced a three-tier system for home occupations: no-impact (by-right, no permit required), minor (requires zoning permit), and major (requires conditional use permit). The no-impact tier limits uses to 500 square feet within the primary structure, with no outdoor storage, clients, or non-resident employees. The minor tier allows one client by appointment, no non-resident employees, and 500 square feet. The major tier allows up to two clients, one non-resident employee, and 50% of one story. All home occupations are now non-transferable. A public hearing is set for May 12.

8C: First Reading – Zoning Change on Western Avenue (Ordinance 26-016)

  • Ryan Miller presented a zoning change for a lot north of Heron Cove from R1A single-family to a mix of B3 heavy business (1.1 acres), R3 multifamily, and remaining R1A. The area is entirely within the floodplain, requiring a separate floodplain development process. Councilmember Specker asked about floodway vs. floodplain restrictions; Miller stated floodway structures are typically avoided. Councilmember TiltonBurden clarified the compensatory storage requirements for fill. Councilmember Wendell raised concerns about trail connectivity along Western Avenue; Miller noted the developer (same owner as Heron Cove) has discussed internal connections, but no trail is in the current Capital Improvement Plan. A planning commissioner also suggested prioritizing trails in that area.

8D: First Reading – Joint Zoning Ordinance Notification Change (Ordinance 26-013)

  • Ryan Miller presented a county-proposed change reducing the minimum notification period for joint jurisdiction hearings from 14 days to 10 days, matching state law and other ordinances. County staff intend to continue notifying 14 days in practice, but the 10-day minimum provides flexibility for publication errors. Councilmember Hager asked about the frequency of errors (2-3 times per year). Councilmember Duran asked if community members had commented on the 14-day notice; no input has been received. The planning commission approved this 4-1, though no minutes were provided; Miller speculated the dissenter may have been concerned about reducing public notification. The second reading on May 12 will be a joint meeting with the county commission.

Key Outcomes

  • Approved: Special Event Alcohol License (9A) – Unanimous approval for Brookings Cubs amateur baseball group for 11 game dates in 2026. The group has held this license since 2019 (except 2020) with no compliance failures.
  • Approved: Animal Ordinance Revision (9B) – Third reading and unanimous approval of ordinance 26-011 updating Chapter 14 (Animals). Changes include: updated definitions to reflect the new Community Service Unit; revised pet licensing to align with vaccination protocols; adjusted fines to discourage repeat violations; created separate "restricted" and "vicious" animal categories; adopted the Dunbar aggression assessment scale as an objective standard; and added Article 7 on rabies control. The ordinance had not been revised since October 2013.
  • Approved: Consolidated Fee Schedule Update (10A) – Unanimous approval of resolution 26-027 updating fines and fees for animal-related violations (e.g., abandonment, deer feeding, dogs at large, rabies control) to align with the code changes.
  • Approved: Land & Water Conservation Fund Grant Application (10B) – Unanimous approval of resolution 26-026 to support Park & Rec's application for a grant to replace the Lions Park playground with an accessible, lion-themed play area. The project is budgeted at $170,000 in fiscal year 2027; the grant and city funds cover that amount, with potential future donations for additional amenities. Staff engaged the Brookings Disability Awareness Committee in design.
  • Next Meeting: May 12, 2026, at 5:30 PM (joint with county commission) for second readings and public hearings on ordinances 26-013, 26-014, 26-015, and 26-016. Study session on May 19, 2026, will feature an Upstander Bystander Training.

Meeting Transcript

All right, let's get started. I call this meeting to order. We stand for the Pledge of Allegiance. Thank you all for attending. I see that we have an extra large group of uh people in our uh uh seating. Uh welcome. I think it's state and local government class, correct, Lisa? Yeah, all right. Just so you know, we're gonna have a marathon meeting tonight. It's gonna last until probably a little after nine. Just kidding. All right, please call uh uh record the attendance. There are all council members are present, Mr. Mayor. City Attorney Vin Stones is joining via conference line. All right, thank you. Uh action on to approve the agenda, entertain a motion to approve the agenda. So moved. Second. Any comments from the on the agenda from the public? Council members, council? Questions, comments? Please call the roll. Hager Nemeyer. Aye. Specker? Aye. Tiltonburn? Aye. Wendell? Aye. Avery? Aye. Doran, aye. All right. Open forum 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 light will turn green, then it goes to yellow. And where there is one minute remaining. Your time for comment is expired when the podium light turns red. Is there any member of the public who wishes to address the council on an item that is not listed on tonight's agenda? All right. We'll move on to consent agenda. Action on the consent agenda. Are there any items to be removed from the consent agenda? Councilmember Specker. I'd like 5E move, removed. Okay, so uh is that a motion? We have 5E removed. Is that a motion?

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com