HomeMy WebLinkAbout2025_12_16 CC PacketCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, December 16, 2025
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. Open Forum.
At this time, any member of the public may make a brief announcement or invitation, or
request time on the agenda for an item not listed. Items to be added to the agenda will
be scheduled at the end of the meeting. Individuals will state their name and city of
residence for the record. Public Comment is limited to a maximum of three minutes per
person. The comments and views expressed by the public are those of the speakers
and do not necessarily reflect the views or positions of the City of Brookings or City
Council.
5. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion. At the request of any one
Council Member or the City Manager, an item may be removed from the Consent Agenda
and placed on the regular agenda whenever additional discussion on an item is
necessary. Items removed from the Consent Agenda will be discussed at the beginning
of the formal items.
Action to approve City Council meeting minutes.ID 25-05475.A.
Page 1 City of Brookings
December 16, 2025City Council Meeting Agenda - Final
12/09/2025 CC MinutesAttachments:
Action on Resolution 25-091, a Resolution declaring surplus property for
the City of Brookings.
RES 25-0915.B.
Memo
Resolution
Attachments:
Action to abate property taxes in the amount of $1,999.78 for Parcel
#40999-00005-030-00, also known as 2110 22nd Avenue South, #30.
ID 25-05505.C.
Abatement Application
Location Map
Attachments:
Action on an appointment to the Sustainability Council: Madalynn Graham.ID 25-05515.D.
Action on Resolution 25-103, a Resolution Approving an Agreement with
the Brookings Regional Humane Society for the Care and Disposition of
Impounded Animals.
RES 25-1035.E.
Memo
Resolution
Agreement
Attachments:
Action: Motion, Request Public Comment, Roll Call
6. Presentations/Reports:
Introduction of promoted City of Brookings employee.ID 25-05466.A.
7. Contracts/Change Orders:
Action on Resolution 25-090, a Resolution Rejecting All Bids for the
Edgebrook Golf Course Water-Sourcing Project.
RES 25-0907.A.
Memo
Resolution
Banner and Associates Letter
Bid Tab
Attachments:
Action: Motion, Request Public Comment, Roll Call
Action on Resolution 25-095, a Resolution Authorizing the City of
Brookings to enter into an Agreement for Edgebrook Golf Course
Clubhouse Management Services.
RES 25-0957.B.
Memo
Resolution
Management Agreement
Attachments:
Action: Motion, Request Public Comment, Roll Call
Page 2 City of Brookings
December 16, 2025City Council Meeting Agenda - Final
Action on Resolution 25-107, a Resolution authorizing Change Order No. 1
for 2025-08STI Asphalt Maintenance Project; Bowes Construction, Inc.
RES 25-1077.C.
Memo
Resolution
Map
Attachments:
8. Ordinance First Readings:
No vote is required on the first reading of an Ordinance. The title of the Ordinance is
read. Public Comment and Council discussion is permitted. The date for the second
reading or public hearing is announced.
Introduction and First Reading on Ordinance 25-046, an Ordinance
Pertaining to a Conditional Use Permit to Establish a Concrete, Asphalt
and Rock Crushing Facility in an Industrial I-1 Light District (21625 471st
Avenue). Public Hearing and Action: January 13, 2026.
ORD 25-0468.A.
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Conditional Use Permit Application
Location Map
Zoning Map
Site Plan
Traffic and Dust Plans
Attachments:
9. Public Hearings and Second Readings:
Second Reading and Action on Ordinance 25-042, an Ordinance
Authorizing Budget Amendment No. 9 to the 2025 Budget.
ORD 25-0429.A.
Memo
Ordinance
Attachments:
Action: Motion, Request Public Comment, Roll Call
Legislative History
12/9/25 City Council read into the record
Public Hearing and Action on Resolution 25-098, a Resolution of Intent to
Lease Real Property just west of the Brookings Regional Airport.
RES 25-0989.B.
Memo
Resolution
Notice
Map
Attachments:
Page 3 City of Brookings
December 16, 2025City Council Meeting Agenda - Final
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on Resolution 25-093, a Resolution authorizing
the City Manager to enter into a 10-year On-Sale Wine Operating
Agreement with Commonwealth Gaming & Holdings, Co., Inc., dba
Deuces Casino, Suite 105D.
RES 25-0939.C.
Memo
Resolution
Operating Agreement
Legal Notice
Location Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on Resolution 25-094, a Resolution to Annex
Block 1 Mills Third Addition in the Northwest Quarter of Section 6,
Township 109 North, Range 49 West, Excluding Lots H-1 and H-2 in
Brookings County, South Dakota.
RES 25-0949.D.
Memo
Resolution
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Location Map
Annexation Petition
Annexation Priority Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
10. Other Business:
Action on Resolution 25-097, a Resolution Authorizing the Extension of an
Agreement to Transfer Real Property to the Brookings Economic
Development Corporation for Economic Development Purposes
RES 25-09710.A.
Memo
Resolution
Location Map
Forbearance Agreement
Attachments:
Action: Motion, Request Public Comment, Roll Call
City of Brookings Progress Report.ID 25-054811.
Progress ReportAttachments:
12. City Council member introduction of topics for future discussion.
Page 4 City of Brookings
December 16, 2025City Council Meeting Agenda - Final
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
13. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager
Brookings City Council Staff:
Paul M. Briseno, City Manager Bonnie Foster, City Clerk
J. Vincent Jones, Attorney-at-Law, Woods, Fuller, Shultz and Smith P.C.
Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of
residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email
comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will
become part of the official record and subject to review by all parties and the public. The comments and views
expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City
of Brookings or City Council.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
(Swiftel Channel 20 / MediaCom Channel 9)
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City
ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting.
Page 5 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0547,Version:1
Action to approve City Council meeting minutes.
Attachments:
12/09/2025 City Council Minutes
City of Brookings Printed on 12/11/2025Page 1 of 1
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BROOKINGS CITY COUNCIL
December 9, 2025 (unapproved)
The Brookings City Council held a meeting Tuesday, December 9, 2025 at 5:00 PM, at
the Brookings City & County Government Center, Chambers, with the following City
Council members present: Mayor Oepke Niemeyer, and Council Members Wayne
Avery, Brianna Doran, Lisa Hager, Holly Tilton Byrne, and Nick Wendell. Absent:
Council Member Bonny Specker. City Manager Paul Briseno, City Attorney J. Vince
Jones, and City Clerk Bonnie Foster were also present.
Agenda. A motion was made by Council Member Doran, seconded by Council Member
Wendell, that the agenda be approved. The motion carried by the following vote: Yes:
6 - Avery, Doran, Hager, Niemeyer, Tilton Byrne, and Wendell; Absent: 1 - Specker.
Executive Session. A motion was made by Council Member Doran, seconded by
Council Member Wendell, to enter into Executive Session at 5:01 p.m., pursuant to
SDCL 1-25-2(1), for discussing the qualifications, competence, performance, character
or fitness of any public officer or employee or prospective public officer or employee.
The term, employee, does not include any independent contractor. The motion carried
by a unanimous vote. A motion was made by Council Member Wendell, seconded by
Council Member Doran, to exit Executive Session at 5:48 p.m. The motion carried by a
unanimous vote.
Consent Agenda. A motion was made by Council Member Wendell, seconded by
Council Member Doran, that the consent agenda be approved. The motion carried by
the following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer, Tilton Byrne, and Wendell;
Absent: 1 - Specker.
A. Action to approve the November 25, 2025 City Council Minutes.
B. Action on Resolution 25-102, a Resolution Awarding the Bid for Brookings
Regional Landfill Farm Land Lease.
RESOLUTION 25-102 - RESOLUTION AWARDING THE BID FOR
BROOKINGS REGIONAL LANDFILL FARM LAND LEASE
WHEREAS, the City of Brookings opened bids for the Brookings Regional Landfill Farm
Land Lease on Tuesday, November 25, 2025 at 1:30 pm at the Brookings City & County
Government Center; and
WHEREAS, the City of Brookings received the following high bid for the Farm Land
Lease: Dave Berndt in the amount of $326 per acre for 115 acres of farm land; and
WHEREAS, the Brookings Regional Landfill will generate $195,826.60 of revenue
through the duration of the lease.
NOW, THEREFORE, BE IT RESOLVED that the high bid of $326/acre from Dave
Berndt be accepted; and
The City Manager or his designee is authorized to execute any associated
agreement(s) to secure these services.
Introduction of promoted City of Brookings Employee. Paul Briseno, City Manager,
introduced promoted City of Brookings employee, Samantha Beckman, as Assistant
City Manager.
Report: City Council Ex-Officio Report. A Brookings Municipal Utility Board report
was given by Council Member Avery. A Brookings Health Systems Board of Trustees
report was not given, due to no November meeting.
Update: 3M / Solventum PFAS Mitigation. Jim Burkhardt, Solventum Plant Director,
provided an update of the ongoing 3M / Solventum PFAS Mitigation.
Resolution 25-101. A motion was made by Council Member Wendell, seconded by
Council Member Doran, that Resolution 25-101, a Resolution authorizing Change Order
No. 1 for 2025-01SWR Sidewalk Maintenance Project; Brock Contracting, be approved.
The motion carried by the following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer,
Tilton Byrne, and Wendell; Absent: 1 - Specker.
RESOLUTION 25-101 - RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR
PROJECT 2025-01SWR: SIDEWALK MAINTENANCE PROJECT
WHEREAS, the City of Brookings opened bids for the 2025-01SWR Sidewalk
Maintenance Project on Tuesday, June 17, 2025 at 1:30 pm at the Brookings City and
County Government Center; and
WHEREAS, the City of Brookings awarded Brock Contracting the contract for
2025-01SWR Sidewalk Maintenance project for their low bid of $52,738.75 at the July 8,
2025 City Council Meeting.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That Change Order 1 totaling $9,649.00 for additional work be approved; and
2. The City Manager is authorized to sign the change order.
FIRST READING – Ordinance 25-042. Introduction and First Reading was held on
Ordinance 25-042, an Ordinance Authorizing Budget Amendment No. 9 to the 2025
Budget. Second Reading and Action: December 16, 2025.
Ordinance 25-039. A public hearing was held on Ordinance 25-039, an Ordinance to
Rezone Lot 3 of Block 2 of Telkamp Industrial Addition from an Industrial I-1R
Restricted District to an Industrial I-1 Light District. A motion was made by Council
Member Wendell, seconded by Council Member Doran, to approve Ordinance 25-039.
The motion carried by the following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer,
Tilton Byrne, and Wendell; Absent: 1 - Specker.
Ordinance 25-040. A public hearing was held on Ordinance 25-040, an Ordinance for
a Conditional Use Permit to Establish an Office in a Residence R-2 Two-Family District
(709 Main Avenue). A motion was made by Council Member Doran, seconded by
Council Member Wendell, that Ordinance 25-040 be approved. The motion
carried by the following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer, Tilton Byrne,
and Wendell; Absent: 1 - Specker.
Ordinance 25-041. A public hearing was held on Ordinance 25-041, an Ordinance to
Rezone NE ¼ NW ¼ excluding Outlot A in Section 3-T109N-R50W from the Residential
R-3 Apartment District to a Residential R-1A Single Family District (1115 West 20th
Street South). A motion was made by Council Member Wendell, seconded by
Council Member Doran, that Ordinance 25-041 be approved. The motion carried
by the following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer, Tilton Byrne, and
Wendell; Absent: 1 - Specker.
Ordinance 25-037. A motion was made by Council Member Wendell, seconded by
Council Member Doran, that Ordinance 25-037, an Ordinance Setting the Annual
Election Date (June) be approved. The motion failed by the following vote: No: 6 -
Avery, Doran, Hager, Niemeyer, Tilton Byrne, and Wendell; Absent: 1 - Specker.
Ordinance 25-038. A motion was made by Council Member Doran, seconded by
Council Member Wendell, that Ordinance 25-038, an Ordinance Setting the Annual
Election Date (November) be approved. The motion carried by the following vote: Yes:
6 - Avery, Doran, Hager, Niemeyer, Tilton Byrne, and Wendell; Absent: 1 - Specker.
Resolution 25-100. A motion was made by Council Member Wendell, seconded by
Council Member Doran, that Resolution 25-100, a Resolution Transferring City Manager
Contingency Funds to City Departments, be approved. The motion carried by the
following vote: Yes: 6 - Avery, Doran, Hager, Niemeyer, Tilton Byrne, and Wendell;
Absent: 1 - Specker.
RESOLUTION 25-100 - A RESOLUTION TRANSFERRING CITY MANAGER
CONTINGENCY FUNDS TO CITY DEPARTMENTS
WHEREAS, the City of Brookings hereby transfers City Manager’s contingency funds to
fund unplanned operational obligations of the municipality. This resolution is for the
purpose of completing a transfer of contingency funds to the following accounts:
454 Forestry
101-454-5-101-01 Temporary Pay $11,000
101-454-5-130-00 Worker’s Compensation $11,000
101-454-5-425-04 Maintenance – Equipment $12,000
Total Transfers $34,000
The Financing Source for this transfer is from the following accounts:
101-405-5-856-99 Contingency Fund $34,000
Total Source of Funding $34,000
WHEREAS, this resolution is deemed necessary for the immediate preservation of the
public peace, health, safety and support of the City, and shall become effe ctive upon
publication.
Resolution 25-099. A motion was made by Council Member Doran, seconded by
Council Member Wendell, that Resolution 25-099, a Resolution Transferring Capital
Improvement Plan Sinking Funds, be approved. The motion carried by the following
vote: Yes: 6 - Avery, Doran, Hager, Niemeyer, Tilton Byrne, and Wendell; Absent: 1 -
Specker.
RESOLUTION 25-099 - A RESOLUTION TRANSFERRING
CAPITAL IMPROVEMENT PLAN SINKING FUNDS
WHEREAS, the City of Brookings hereby transfers CIP Sinking Funds to fund
unplanned operational obligations of the municipality. This resolution is for the purpose
of completing a transfer of contingency funds to the following accounts:
420 City & County Administration Building
101-420-5-911-00 Buildings & Structures $634,111
Total Transfers $634,111
The Financing Source for this transfer is from the following accounts:
213-405-5-911-00 CIP Sinking Fund $634,111
Total Source of Funding $634,111
WHEREAS, this resolution is deemed necessary for the immediate preservation of the
public peace, health, safety and support of the City, and shall become effective upon
publication.
City Attorney 2026 Legal Services Agreement. A motion was made by Council
Member Wendell, seconded by Council Member Doran, that the City Attorney Legal
Services Agreement for 2026 be approved. The motion carried by the following vote:
Yes: 6 - Avery, Doran, Hager, Niemeyer, Tilton Byrne, and Wendell; Absent: 1 -
Specker.
Executive Session. A motion was made by Council Member Wendell, seconded by
Council Member Hager, to enter into Executive Session at 5:01 p.m., pursuant to SDCL
1-25-2(1), for discussing the qualifications, competence, performance, character or
fitness of any public officer or employee or prospective public officer or employee. The
term, employee, does not include any independent contractor. The motion carried by a
unanimous vote. A motion was made by Council Member Wendell, seconded by
Council Member Hager, to exit Executive Session at 8:35 p.m. The motion carried by a
unanimous vote.
Resolution 25-104. A motion was made by Mayor Niemeyer, seconded by Council
Member Avery, that Resolution 25-104, a Resolution Amending the City Manager’s
Contract for 2026, be approved. The motion carried by the following vote: Yes: 6 -
Avery, Doran, Hager, Niemeyer, Tilton Byrne, and Wendell; Absent: 1 - Specker.
RESOLUTION 25-104 - RESOLUTION APPROVING THE CITY MANAGER’S
EMPLOYMENT AGREEMENT FOR 2026
WHEREAS, the City Council annually approves an Employment Agreement for the City
Manager for the ensuing year; and
WHEREAS, the position of City Manager is a position appointed by the City Council and
the City Council desires that Paul Briseno continue as the City Manager for the City of
Brookings; and
WHEREAS, the City Council has determined it is appropriate to increase the City
Manager’s salary from Range 48 to Range 51; giving a 2% merit increase, plus 2% per
Range increase for a total of 8% increase, resulting in a total annual salary for 2026 of
$224,102.99; and
WHEREAS, the City Manager shall also receive deferred compensation 457 to IRS
limit, and to include age 50 457 catch-up contribution; and
WHEREAS, the City Manager Employment Agreement shall also provide that the City
Manager shall be eligible to receive a cost-of-living increase, bonus and pay range
adjustments in the same manner as other City employees; and
WHEREAS; the City Council has reviewed and approves the employee benefits
provided to the City Manager pursuant to the proposed City Manager Employment
Contract;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, that the City Manager Employment Agreement, reflecting the
compensation and benefits set forth herein, is hereby approved, and the Mayor and City
Clerk are authorized to execute the City Manager Employment Agreement on behalf of
the City of Brookings.
Adjourn. A motion was made by Council Member Wendell, seconded by Council
Member Doran, that this meeting be adjourned at 8:47 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-091,Version:1
Action on Resolution 25-091, a Resolution declaring surplus property for the City of Brookings.
Summary and Recommended Action:
Staff recommends approval of the proposed resolution declaring surplus property.
Attachments:
Memo
Resolution
City of Brookings Printed on 12/12/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: November 18, 2025
Subject: Resolution 25-091: declaring surplus property
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution declaring surplus property.
Item Details:
According to State Statute Chapter 6-13, the governing body of the City of Brookings
allows City property, as presented within the proposed Resolution, to be declared as
surplus property.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of life by
strategically planning, implementing and maintaining infrastructure and facilities.
Financial Consideration:
Revenues generated from the sale of surplus property, will be placed in the City’s
General Fund.
Supporting Documentation:
Resolution
RESOLUTION 25-091
DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Public Library: 3 – gumdrop chairs; 2 – square ottomans; 1 – circular ottoman; 1
– rug; 2 – wooden bin toppers; 2 – 4-sided book displays; 6 – short shelf ends;
38 – medium shelf ends; 20 – 4-range tops; 1 – 6-range top; 1 – 2-range top; 6 –
lap desks; 2 – browsing book bins; 1 – house-shaped display shelf; and 1 –
acrylic display shelf (broken)
WHEREAS, in the best financial interest, it is the desire of the City of Brookings to
dispose of as surplus property; and
WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus
property.
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings,
SD, that this property be declared surplus property according to SDCL Chapter 6-13.
Passed and Approved this 16th day of December, 2025.
CITY OF BROOKINGS, SD
____________________________
ATTEST: Oepke G. Niemeyer, Mayor
___________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0550,Version:1
Action to abate property taxes in the amount of $1,999.78 for Parcel #40999-00005-030-00, also
known as 2110 22nd Avenue South, #30.
Summary and Recommended Action:
The County Assessor recommends approval to abate the property taxes in the amount of $1,999.78
for 2110 22nd Avenue South, #30, as the mobile home will be destroyed. (2023 taxes payable 2024:
$106.58; 2024 taxes payable 2025: $111.96; and $1,781.24 City Special) Legal description: Lot 1,
NE ¼, Richard Price First Addition. Parcel #40999-00005-030-00.
Fiscal Impact:
The property tax revenue will be reduced by $1,999.78.
Attachments:
Abatement Application
Location Map
City of Brookings Printed on 12/12/2025Page 1 of 1
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Brookings County, SD
Developed by
Parcel ID 405030000000100
Sec/Twp/Rng --
Property Address 2110 22ND AVE S
BROOKINGS
Alternate ID n/a
Class NADC
Acreage n/a
Owner Address PMVK LIMITED
611 6TH ST
BROOKINGS SD 57006
District 4001
Brief Tax Description RICHARD PRICE 1ST ADDN, LOT 1 NE 1/4 9.61 AC
(Note: Not to be used on legal documents)
Date created: 12/5/2025
Last Data Uploaded: 12/5/2025 1:05:55 AM
1,261 ft
Overview
Legend
Brookings City
Limits
City Limits
Township
Boundary
Sections
Parcels
Roads
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0551,Version:1
Action on an appointment to the Sustainability Council: Madalynn Graham.
Summary and Recommended Action:
Mayor Niemeyer has submitted the following appointment for City Council advice and consent:
Sustainability Council
Number of positions:1
Term Length:3 years (term expires 1/1/2029)
Residency Requirement:Required for Majority
Purpose: The purpose of the Sustainability Council is to investigate, propose, educate, communicate,
and advocate investment strategies and policies that will improve our future qualities of life while still
meeting the needs of the present.
Mayor’s Recommendation:
1.Appoint Madalynn Graham
City of Brookings Printed on 12/12/2025Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-103,Version:1
Action on Resolution 25-103, a Resolution Approving an Agreement with the Brookings Regional
Humane Society for the Care and Disposition of Impounded Animals.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution authorizing the City Manager to enter into a
renewal agreement between the City of Brookings and the Brookings Regional Humane Society for
the care and disposition of impounded animals.
Attachments:
Memo
Resolution
Agreement
City of Brookings Printed on 12/12/2025Page 1 of 1
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City Council Agenda Item Memo
From: Michael J Drake, Chief of Police
Council Meeting: December 16, 2025
Subject: Resolution 25-103: Brookings Regional Humane Society
Contract
Presenter: Michael J Drake, Chief of Police
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution authorizing the City Manager to
enter into a renewal agreement between the City of Brookings and the Brookings
Regional Humane Society for the care and disposition of impounded a nimals.
Item Details:
The City of Brookings and the Brookings Regional Humane Society have agreed to the
terms stated in the attached 2026 Agreement. The City of Brookings began utilizing this
form of agreement with the Humane Society in 2019. The City of Brookings has
disbursed the following to the Humane Society:
2020 - $34,606.25
2021 - $28,890.00
2022 - $33,390.00
2023 - $28,810.00
2024 – $45,000.00
2025 – $45,000.00
In 2026, the City has $50,000 budgeted for this expense. However, taking into inflation
the City of Brookings and the Brookings Regional Humane Society have reached an
agreement that the City of Brookings will pay the Humane Society a flat rate of
$46,000.00 in monthly installments of $3,833.33, due by the 15th of each month. The
City of Brookings has reserved the remaining $4,000 to offset costs which may be
incurred due to unforeseen events or a case which results in the rescuing of excessive
animals. The City of Brookings Police Department, as well as the Brookings Regional
Humane Society, recommend approval of this agreement.
The City and the Brookings Regional Humane Society have experienced occasions
when domesticated animals other than cats and dogs have required impound and care.
Examples include rabbits, birds, hamsters etc.
Legal Consideration:
City Attorney has reviewed and approved the agreement.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources through
transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
The funding to the Brookings Regional Humane Society through this agreement has
been budgeted up to a maximum of $46,000 per year.
Supporting Documentation:
Memo
Resolution
2026 Agreement
RESOLUTION 25-103
A RESOLUTION APPROVING AN RENEWAL AGREEMENT WITH THE
BROOKINGS REGIONAL HUMANE SOCIETY FOR THE CARE AND DISPOSITION
OF IMPOUNDED ANIMALS
WHEREAS, the City of Brookings has entered into an Agreement with the Brookings
Regional Humane Society for the care and disposition of Impounded Animals; and
WHEREAS, the Agreement would be effective for the 2026 Calendar Year; and
WHEREAS, this Resolution is intended to authorize the City to enter into the Agreement
as described herein with the Brookings Regional Humane Society.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota that the Agreement with the Brookings Regional Humane
Society is hereby approved and the City Manager and City Clerk are authorized to
execute these Agreements.
Passed and Approved this 16th day of December, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
ANIMAL SHELTER SERVICES AGREEMENT
This ANIMAL SHELTER SERVICES AGREEMENT (the “Agreement”), dated
December 16, 2025 (the “Effective Date”), is made and entered into by and between the City of
Brookings, with an address of 520 3rd Street, Suite 230, Brookings, South Dakota 57006 (the
“City”), and The Brookings Regional Humane Society, Inc., a South Dakota nonprofit
corporation, with an address of 120 West 2nd St. South, Brookings, SD 57006 (“BRHS”, the
“Contractor”). The City and Contractor will also be individually referred to herein as a “Party”
and collectively as “Parties.” The Parties enter into this Agreement for the purpose of
establishing an independent contractor relationship and not an employment relationship.
RECITALS
A. Contractor is in the business of providing animal shelter services.
B. The City wishes to engage Contractor for the purpose of providing municipal animal
shelter services for animals received from the City.
C. Contractor wishes to provide these services in accordance with the terms of this
Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and
benefits contained herein, the Parties agree as follows:
AGREEMENT
1. Services. As of the Effective Date, Contractor agrees to provide the Services subject to
the terms and conditions of this Agreement.
2. Scope of Duties. The City engages Contractor, as an independent contractor and not as
an employee, as those terms are commonly understood and as defined by applicable federal and
state law, to provide the services set forth as follows:
2.1 Services. Contractor will provide animal shelter services for the City as outlined in the
attached Exhibit A (the “Services”).
2.2 Supplies. Contractor will provide the necessary facilities, equipment, supplies, and
personnel to perform the Services. Contractor will not be reimbursed for any costs or
expenses associated with the Services. If Contractor has obtained employees, Contractor
will be solely responsible for all costs and expenses associated with Contractor’s
employees or other personnel.
3. Term. The initial term of this Agreement will be from January 1, 2026, to December 31,
2026. Upon written agreement by both Parties, the term of this Agreement may be extended. In
order for the Agreement to be extended or renewed, Contractor must make an annual financial
request by June 1, not as an outside agency, but as a public service provider, with budgeting to
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
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4913-6971-2256, v. 1
be within the Community Service budget.
4. Compensation. In exchange for Contractor’s Services under this Agreement, City will
pay Contractor an annual fee of $46,000.00, payable in twelve equal monthly installments on or
before the 15th day of each month.
5. Taxes. Contractor will be responsible for payment of all taxes including federal, state,
and local taxes arising out of Contractor’s Services in accordance with this Agreement. By way
of illustration, these taxes may include, but will not be specifically limited to, federal and state
income, social security, sales, use, excise, FICA, unemployment insurance taxes, and any other
business taxes or license fees arising out of Contractor’s Services.
6. Disposition Records. Contractor agrees to keep accurate and complete records of all
animals received by it pursuant to this Agreement, showing the date, place, reason, and manner
in which the animals were delivered to the Shelter, together with the disposition of the animals
(including animals returned to owners). A summary of the above information must be provided
to the City upon request.
7. Liaison Officer. The BRHS Board President or designee will act as Contractor’s liaison
officer with the City. The City Manager of the City or its designee will act as liaison officer of
the City with Contractor, and will be responsible for the administration and enforcement of this
Agreement. All reports, recommendations, and all other correspondence will be directed to the
appropriate person(s) responsible under this Agreement, whose duty it is to ensure compliance
with this Agreement.
8. Mutual Cooperation. City agrees to provide all reasonable cooperation and assistance
to Contractor, its directors, officers, agents, and employees to facilitate and accomplish the
mutual objectives of this Agreement. All Animal Control shelter forms will be issued in the
name of the City and supplied by the City to Contractor at the City’s expense. The City must use
such items only in strict confidence with the instructions and limitations set by Contractor. The
City agrees to comply with all of Contractor’s reasonable and necessary official written
procedures, such as the provision of the cage number, the identification of a rabies tag number,
the breed, description, and sex of the impounded animals. The City and Contractor acknowledge
that these procedures may, from time to time, be amended. The City must provide the proper
training of its employees performing these duties.
9. Communication. Contractor, the City’s Community Service Officers, the Chief of
Police, and any other applicable personnel will meet biannually to discuss any issues that arise
concerning the performance of services by Contractor and/or procedures employed by the
Community Service Officers and/or City Law Enforcement Officers while fulfilling the
obligations of this Agreement. Additional ad hoc meetings will be held at the request of either
party.
10. Confidentiality. Contractor agrees, to the extent permitted by law, to keep all
information it receives concerning the names, addresses, and telephone numbers of
complainants, defendants, witnesses, and license holders confidential. Contractor must, to the
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
3
4913-6971-2256, v. 1
greatest extent possible, protect an individual's right to privacy and must neither circulate nor
permit to be circulated this information for any purpose(s) unrelated to the scope of this
Agreement. Contractor will have the right, however, to release that information which may be
necessary for the location of the animal’s owner or for the acquisition of consent for veterinary
and related medical treatment.
11. Public Service. The City expressly recognizes that the control, housing, and sheltering of
animals within the City are necessary for the immediate and long-term preservation of the public
health, safety, and welfare of the City. The City and Contractor recognize, therefore, that the
services which Contractor provides under the terms of this Agreement constitute and fulfill a
public service.
12. Insurance and Liability.
12.1Contractor’s Insurance.
a. Contractor’s Liability Insurance. Contractor will procure and maintain
through the term of this Agreement a policy or policies of commercial general liability
insurance with contractual liability coverage, at its own cost and expense, insuring
Contractor and insuring the City as an additional insured with respect to liability to third
parties arising out of Contractor’s use and occupancy of the BRHS Shelter, from all
claims, demands, or actions for bodily injury or death sustained by one or more persons
and damage to property as a result of any one occurrence in the amount of not less than
$1,000,000. Contractor will obtain a per location aggregate limit endorsement.
b. Contractor’s Worker’s Compensation and Employer’s Liability Insurance.
Contractor will procure and maintain throughout the term of this Agreement, at its own
cost and expense, a policy of worker’s compensation insurance at statutory limits, and
employer’s liability insurance with policy limits not less than $1,000,000 each accident,
$1,000,000 each employee, and $1,000,000 policy limit.
c. Contractor’s Business Auto Liability Insurance. Contractor will procure
and maintain throughout the term of this Agreement a policy of business automobile
liability insurance coverage for all of Contractor’s owned, leased, or hired vehicles with
policy limits of not less than $1,000,000.
d. Umbrella/Excess Liability Insurance. Contractor may provide for a
portion of the coverages for commercial general liability insurance and employer’s
liability insurance by way of an excess liability policy or an umbrella liability policy with
at least as broad of coverage as provided by the liability policies identified herein. The
policies must be written on an occurrence basis and have the same inception date.
Contractor will obtain a per location aggregate limit endorsement with respect to the
commercial general liability coverage.
e. Contractor’s Proof of Insurance. Proof of insurance for all policies will be
deposited with the City at commencement of the term by providing to the City certificates
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
4
4913-6971-2256, v. 1
of insurance, copies of declaration pages, the schedule o f forms and values, and all
endorsements issued by Contractor’s insurance carriers. At least 45 days prior to the
expiration of any policy, Contractor will provide the City with proof or renewal of each
insurance policy, a copy of the declarations page, and copies of all endorsements
providing additional coverages. At the City’s request, Contractor will provide to the City
certified copies of all insurance policies.
f. Notification of Cancellation. All of Contractor’s insurance policies must
not be subject to cancellation or non-renewal, except after at least 30 days’ prior written
notice to the City by the insurance carriers; and if the insurance carriers are unable or
unwilling to provide such notice to the City, then Contractor must provide such notices
prior to the cancellation or non-renewal of any Contractor policies of insurance required
by this Agreement. If the insurance carriers are willing to provide written notice of
cancellation or non-renewal, proof of compliance with this requirement must be provided
by endorsements issued by Contractor’s insurance carriers. In addition, Contractor will
provide to the City within 10 days of the effective date of any modification to the terms
of a policy, a notice of modification of any of the policies required of Contractor herein.
g. The City’s Additional Insured Status. The City, the City’s managers,
officials, employees, agents, and representatives must be added as additional insureds
with respect to Contractor’s commercial general liability insurance. Proof of compliance
of this requirement must be provided by a written endorsement issued by each of
Contractor’s insurance carriers.
h. Contractor’s Cross Liability Coverage. If Contractor’s liability policies do
not contain the standard ISO separation of insureds provision, or a substantially similar
clause, they must be endorsed to provide cross-liability coverage.
i. The City’s Right to Purchase Insurance at Contractor’s Expense. If
Contractor fails to comply with the requirements of this Section upon 10 days’ prior
written notice, the City may obtain the insurance and keep the same in effect, and
Contractor will, upon demand, pay the City the premium cost thereof.
13. Exclusivity. The Parties expressly acknowledge and agree this Agreement does not
create an exclusive relationship or arrangement between the Parties. The City is entitled to
engage others to perform services of the same or similar nature to those provided by Contractor,
and Contractor is entitled to offer and provide its services to others without permission from the
City.
14. Relationship of Parties. The relationship between the Parties is that of an independent
contractor relationship only. Contractor is not an agent, legal representative, joint venturer,
partner, or employee of the City for any purpose. In performing the services required by this
Agreement, Contractor must, to Contractor’s ability, capacity, and in good faith act in a manner
that serves the best interests of the City.
15. Contractor’s Responsibilities. Contractor will be required to perform under this
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
5
4913-6971-2256, v. 1
Agreement as may be necessary to provide the required Services in a timely and productive
manner. Contractor will exercise independent judgment and control over the provision of the
Services and will provide the Services pursuant to the highest professional and ethical standards
and in accordance with accepted industry standards and the City’s expressed preferences and
requests. Contractor will be free to contract for services to other parties without the consent of
the City, provided such services do not interfere with Contractor’s Services or violate any other
provision of this Agreement.
16. Representations, Warranties, and Covenants of Contractor. Contractor represents
and warrants it has the authority to execute and deliver this Agreement. This Agreement is
properly signed and is binding on Contractor. There are no legal actions or threats that could
impact Contractor, the City, or the validity of this Agreement. Contractor’s provision of Services
under this Agreement will not violate any existing agreements or laws. Contractor will perform
Services in compliance with all applicable laws and regulations.
17. Compliance with Governing Laws. Contractor will be solely responsible to ensure
compliance with safe work practices applicable to its business and all other controlling federal,
state, and local government law. As explained above, Contractor is responsible for obtaining and
maintaining the costs of any licenses or permits required for its business and will hold the Parties
harmless if any party is found to be in non-compliance by local, state, or federal requirements in
connection with the same.
18. Conflict of Interest. No elected or appointed municipal officer may be interested,
either by himself or agent, in this Agreement. Otherwise, this Agreement will be null and void
from the beginning.
19. Indemnification. Under no circumstances will the City be liable for any act, omission,
debt, or other obligation of Contractor or Contractor’s directors, officers, employees, agents,
invitees, licensees, or other persons involved, directly or indirectly, in Contractor’s performance
of its Services (“Contractor Parties”). Contractor will defend, indemnify, and hold harmless the
City, its owners, officers, directors, employees, agents, and representatives (“City Indemnitees”)
from and against any and all claims, liabilities, losses, causes of action, costs, and expenses
(including attorneys’ fees and expenses and applicable sales taxes) asserted against, imposed
upon, or incurred by any of the City Indemnitees arising out of or related to Contractor Parties’
negligence, acts, errors, omissions, or misconduct in the performance of or failure to perform the
obligations under this Agreement.
20. Default. If either Party fails to perform its obligations under this Agreement, the
aggrieved party shall provide (to declare default) a written notice to the other party specifying
the default. The party in default shall have fifteen (15) days from the date of receipt of the notice
to remedy the default. If the default has not been cured within this period, the aggrieved party
shall have the right to terminate this Agreement by providing a written Notice of Termination to
the other party. Termination of this Agreement will be accomplished by and effective upon the
receipt of a Notice of Termination.
20.1 Waive or Extension. The aggrieved party, however, will have the right to either waive
the default or to extend the time within which to cure the default. The waiver or
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
6
4913-6971-2256, v. 1
extension must be in writing and signed by an authorized representative of the
aggrieved party to be binding upon the aggrieved party. A waiver or extension for one
default shall not act as a waiver or extension for subsequent defaults.
21. Termination. This Agreement may be terminated due to the default of one of the
Parties or may be terminated by the mutual consent of the Parties. Consent must be in writing
and signed by an authorized representative of each Party to be valid. This Agreement may
also be terminated without cause by either Party upon sixty (60) days’ written notice to the
other Party.
21.1 Remedies. In the event of termination due to the default of one of the Parties, the
aggrieved Party shall also have the right, in addition to the right of termination, to
assert and maintain any and all claims and/or actions for damages or other
appropriate remedies. The aggrieved party may also elect not to terminate this
Agreement or may elect to maintain an action for damages or other appropriate
remedies for default. Either Party may, at any time, maintain an action either to
construe or enforce this Agreement.
22. Miscellaneous Provisions.
22.1 Governing Law/Venue/Jurisdiction. This Agreement will be governed by the laws
of the State of South Dakota. Venue of any litigation will lie in Brookings
County, South Dakota.
22.2 Entire Agreement. This Agreement, including any amendments to it, contains the
entire agreement of the Parties regarding the subject of this Agreement. This
Agreement supersedes and replaces the terms of any prior agreement, oral or
written, between the Parties.
22.3 Headings. The headings contained in this Agreement are for convenience only
and will not be used to interpret or construe its provisions.
22.4 Recitals Substantive. The Recitals set forth above are substantive to this
Agreement and are incorporated into this Agreement as if fully set forth in this
Section.
22.5 Amendment. This Agreement may not be amended or modified orally. Any
amendment or modification will be valid only if agreed upon, in writing, by the
Parties.
22.6 Waiver. Any term or condition of this Agreement may be fully or partially waived
only by a writing signed by the Party which is entitled to benefit of the term or
condition.
22.7 Severability. If any term, restriction, or covenant of this Agreement is deemed
illegal or unenforceable, all remaining terms, restrictions, and covenants hereof
will remain unaffected and in full force and effect.
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
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4913-6971-2256, v. 1
22.8 Assignment. Neither Party may assign rights or delegate duties under this
Agreement to any party. This Agreement will be binding upon the heirs,
executors, administrators, successors, and assigns of the Parties hereto.
22.9 Binding Effect. This Agreement is subject to final approval by resolution by the
City Council of the City. Thereafter, the provisions of this Agreement will be
binding upon and inure to the benefit of the Parties and their respective successors
and permitted assigns as set forth in this Agreement.
22.10 Notices. All notices, requests, demands, or other communications required or
permitted under this Agreement must be in writing and delivered either: (a)
personally; (b) by certified or registered mail, return receipt requested, postage
prepaid; or (c) by a recognized overnight courier service (such as Fed Ex) to the
Parties at the addresses set forth in the first paragraph above. Either Party may
change notice information by written notice to the other Party, given in
compliance with the requirements of this Section.
22.11 Counterparts. This Agreement may be executed in one or more counterparts, each
of which will be deemed to be an original but all of which, when taken together,
will be one and the same document. Counterparts may be signed and delivered
via electronic mail (including by .pdf, .tif, .gif, .jpeg, or any electronic signature
complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com)
and any counterpart so delivered will be deemed to have been duly and validly
delivered and be valid and effective for all purposes.
[Signatures on Following Page]
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
8
4913-6971-2256, v. 1
IN WITNESS WHEREOF, the Parties have executed this Independent Contractor
Agreement as of the date first set forth above.
CITY OF BROOKINGS: CONTRACTOR:
THE BROOKINGS REGIONAL HUMANE
SOCIETY, INC.
By: Paul Briseno, City Manager By: Brianna Johnson, its Board President
ATTEST:
Bonnie Foster, City Clerk
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
Exhibit A
4913-6971-2256, v. 1
Exhibit A
Scope of Services
A. Shelter Services. Contractor agrees to provide the following services:
1. Act as the municipal animal shelter by furnishing and maintaining shelter facilities for the
handling of cats and other small domestic animals (excluding dogs), received from the
City, whether stray, impounded, or otherwise, which are turned over to Contractor by the
City Community Service Officers and/or by City Law Enforcement Officers.
2. Provide sufficient kennel space to meet Community Service needs. It is understood that
feral cats will not be transferred to Contractor unless they show signs of domestication
and safe handling at the City Animal Control Shelter. Additionally, any animal that
requires extended holds for legal or other reasons will be held at the City Animal Control
Shelter and not at Contractor’s Shelter, unless a mutual agreement between Community
Service and Contractor is made.
3. Provide proper food, water, housing, and humane care for all animals under Contractor’s
control pursuant to this Agreement.
4. Coordinate with City Law Enforcement and the Community Service Officers on a case-
by-case basis to determine if Contractor will shelter animals with extended holds for
court holds. Other animals, such as aggressive or non-domesticated animals, will be
placed in the City Animal Control Shelter.
5. Provide sufficient, competent, and trained personnel to perform the obligations outlined
in this Agreement during the hours agreed upon therein.
6. Answer phone calls from the public concerning impounded animals and give instructions
about the animal’s release.
7. Be available for and provide consultation concerning animal health or endangerment
issues, as needed.
8. Verify payment of impound fees and fines to the City annually.
9. Provide financial reports to the City regarding animals received from the City’s Animal
Control Shelter and provide reports of the specific disposition of animals impounded at
BRHS as requested by the City.
10.Provide low-maintenance level veterinary and related medical care to those sick or
injured animals brought to the Shelter and to those that become sick during
impoundment. Low-maintenance level care includes, but is not limited to, a clean space,
appropriate food, and fresh water. If an animal is suffering, pain medication, fluids, or
other treatments may be administered by Contractor as deemed necessary by
Contractor’s director. Emergencies will be evaluated by Contractor’s director and
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
Exhibit A
4913-6971-2256, v. 1
Community Service Officers, and will be acted on accordingly. If an animal is redeemed
by its owner, such owner will be responsible for all veterinary and related medical costs.
B. Shelter Facilities.
1. Contractor agrees to maintain the BRHS shelter facilities (the “Shelter”) daily in a neat,
clean, and sanitary condition and in compliance with the standards set by the nationally
recognized humane organizations and with all applicable laws, rules, and regulations. The
City will have the right (through properly authorized representatives) to enter and inspect
the Shelter at any time during regular working hours without prior notice.
2. Contractor agrees to keep the Shelter open to the public during the following regular
working hours (except major holidays) and publish/advertise such times as follows:
12:00 p.m. – 6:00 p.m. Monday, Tuesday, Thursday, and Friday
11:00 a.m. – 4:00 p.m. Saturday
Closed Sunday and Wednesday
Major holidays include: New Year’s Day, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Thursday and Friday, Christmas Eve and Christmas Day.
3. In addition, Contractor agrees to be available by telephone appointment to arrange
retrieval of animals impounded by Community Service, during the following hours
(except major holidays):
7:00 a.m. – 12:00 p.m. Monday – Friday
7:00 a.m. – 11:00 a.m. Saturday
City’s Community Service Officers will be available to assist when necessary.
4. Contractor reserves the right to close the Shelter due to weather, special circumstances,
and major fundraising events (e.g., Paws for Wine Event). Contractor must provide
public notification of closure as appropriate.
5. Contractor will provide City Community Service Officers with a key to the Shelter. This
will allow Community Service Officers to deliver animals to or retrieve animals from the
Shelter during hours it is otherwise closed to the public. Should the City’s Community
Service Officers wish to allow retrieval of impounded animals during such hours, the
City may ask Contractor personnel to come to the Shelter and assist in the release of an
impounded animal upon request.
6. Contractor agrees to make available, at all times and on all days of the year, a specific
area in the Shelter for the purpose of immediately depositing animals brought in by the
City Community Service Officers or other Law Enforcement Officers. Bowls and water
will be available for animal being deposited.
C. Shelter Procedures. Contractor agrees to adhere to the following shelter procedures:
1. Stray and Licensed Cats and Dogs. If the owner of the animal is known or can be
reasonably ascertained by an expired or current city license or rabies tag, Contractor
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
Exhibit A
4913-6971-2256, v. 1
must notify the owner, if possible, preferably by telephone, informing the owner that
the animal will be held at the Shelter for a minimum of five (5) full business days
following impoundment. After the expiration of this period, the disposition of these
animals is as per Section 14-185 of the City of Brookings Code of Ordinances, as
amended, and at the discretion of the Community Service Officers in consultation with
Contractor’s shelter manager. Should an animal not be received by Contractor, it will
be the City’s responsibility to dispose of (euthanize) the animal in accordance with
this Agreement.
2. Stray and Unlicensed Cats and Dogs. If the owner cannot be reasonably identified, the
animal must be held a minimum of five (5) full business days following impoundment.
After the expiration of this period, the disposition of an animal is at the discretion of
the Community Service Officers in consultation with Contractor’s shelter manager.
Should an animal not be received by Contractor, it will be the City’s responsibility to
dispose of (euthanize) the animal in accordance with this Agreement.
3. Injured and/or Diseased Animals. Injured and/or diseased animals will be addressed
per Section 14-46 of the City of Brookings Code of Ordinances.
4. Other Domesticated Animals. These animals do not have a specific holding period but
may be impounded for a maximum of five (5) full business days or disposed of at any
time at the discretion of Contractor and/or Community Service Officers except as
provided by applicable federal, state, and local laws and regulations. Wild animals will
not be sheltered by Contractor.
5. Animal Redemption. Impounded animals will be released to owners or custodians only
upon satisfactory proof of ownership and payment of all applicable fees. Proof of
ownership includes, but is not limited to, any government-issued license/tag or
evidence of rabies vaccination. Current licenses and vaccinations will be required for
impounded animals to be released.
a. The City will make available a Community Service or other Officer during the
redemption process if it is perceived that a potential or actual confrontation may
occur with the owner who is or will be redeeming the animal. In this case,
Contractor will place a call to have the officer come to the BRHS shelter.
6. Court Holds. Contractor will work with City Law Enforcement and the Community
Service Officers on a case-by-case basis to determine if Contractor will shelter animals
for court holds and if so, define the maximum length of time Contractor will hold the
animals. Contractor reserves the right to refuse to accept transfer into BRHS care.
Extended holds for court holds will be placed with the understanding that the Shelter
may be used for a temporary or short-term hold as defined by both Parties on a case-
by-case basis.
7. Animal Destruction and Disposal. The destruction and disposal of animals
(euthanasia) must be performed in a manner approved by the American Veterinary
Animal Shelter Services Agreement
City of Brookings / The Brookings Regional Humane Society, Inc.
Exhibit A
4913-6971-2256, v. 1
Medical Association Guidelines, which will not subject the animal to any
unnecessary pain and/or suffering.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0546,Version:1
Introduction of promoted City of Brookings employee.
The following City of Brookings supervisory employee will be introduced to the City Council and
public:
·Jared Runge, Fire Marshal
Biography
Jared Runge - Fire Department - Promotion to Fire Marshal
The Brookings Fire Department is pleased to announce the promotion of Jared Rund to Fire Marshal.
Jared has been a member of the Brookings Fire Department since 2020, serving as Office / Shop
Manager. Jared also served as an Engine Captain with the Volunteer Firefighters.
Jared graduated with his AS in Fire Science from Southern Columbia University; is a Certified
Firefighter I and II and is also a Certified SD Fire Instructor. He is nearing the completion of his
bachelor’s degree.
City of Brookings Printed on 12/11/2025Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-090,Version:1
Action on Resolution 25-090, a Resolution Rejecting All Bids for the Edgebrook Golf Course Water-
Sourcing Project.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution rejecting all bids for the Edgebrook Golf
Course Water Sourcing Project. This will allow time for redesign and rebidding based on the updated
scope to be in alignment with the proposed project budget.
Attachments:
Memo
Resolution
Banner and Associates Letter
Bid Tab
City of Brookings Printed on 12/11/2025Page 1 of 1
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City Council Agenda Item Memo
From: Kristin Zimmerman, Parks, Recreation & Forestry Director
Council Meeting: December 16, 2025
Subject: Resolution 25-090: A Resolution Rejecting All Bids for the
Edgebrook Golf Course Water-Sourcing Project
Presenter: Kristin Zimmerman, Parks, Recreation & Forestry Director
Paul Kraft, Banner and Associates
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution rejecting all bids for the
Edgebrook Golf Course Water Sourcing Project. This will allow time for redesign and
rebidding based on the updated scope to be in alignment with the proposed project
budget.
Item Details:
On November 6, 2025, bids were opened for the Edgebrook Golf Course Water
Sourcing Project. The low bid came in $736,000 above the engineer’s estimate, largely
due to significantly higher mobilization and dewatering costs. Since the bid opening,
discussions have been held about a potential design modification that could
substantially reduce project costs while still meeting the project's objectives.
Engineers Estimate (Base bid): $ 1,243,000.00
Siteworks, Inc.: $ 2,179,708.44
1st Rate Excavate: $ 2,046,467.00
LL & Sons Excavate: $ 2,177,901.91
Prunty Construction: $ 1,982,540.00
Metro Construction: $ 2,040,248.00
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
None
Supporting Documentation:
Resolution
Banner and Associates Letter
Bid Tab
RESOLUTION 25-090
A RESOLUTION REJECTING ALL BIDS FOR
THE EDGEBROOK GOLF COURSE WATER-SOURCING PROJECT
WHEREAS, the City of Brookings opened bids for the Edgebrook Golf Course Water-
Sourcing Project on Thursday, November 6, 2025 at 1:30 pm at the Brookings City &
County Government Center; and
WHEREAS, the City of Brookings received bids from five different entities; and
WHEREAS, the low bid was approximately 59% higher than the Engineer’s Estimate.
NOW , THEREFORE, BE IT RESOLVED that all bids for the Edgebrook Golf Course
Water-Sourcing Project be rejected.
Passed and Approved this 16th day of December, 2025.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
November 13th, 2025
RE: Bid Results for Edgebrook Golf Course Water Sourcing Project
Dear Mayor and City Council:
On November 6th, 2025, the City of Brookings held a bid opening for the Edgebrook Golf Course Water Sourcing
project. The intent of this project is to provide supplemental water to the Edgebrook Golf Course for irrigation
needs during the golf season. The current irrigation system relies on an irrigation pond that utilizes water from
the aquifer. Over the years aquifer levels have fluctuated and has not allowed the golf course to fully irrigate
when aquifer levels are low. This project would provide additional supplemental irrigation water when aquifer
levels are low and allow the golf course to irrigate to their projected future rates.
The work for this project involves installation of a watermain connection and booster pump station from the
BMU treatment facility near the intersection of 8th Street S and 32nd Avenue S to the Edgebrook Golf Course
irrigation pond generally located in the southeast corner of the golf course property. Additionally, the project
would provide upgrades to the existing irrigation pond which includes installation of a clay liner to mitigate
potential water losses when aquifer water levels are low.
Five (5) bids were received, opened, and read aloud by the City of Brookings. The base bids ranged from
$1,982,540.00 to $2,179,708.44. The Engineer’s Opinion of Cost for the base bid was $1,243,000.
Three (3) Bid Alternates were provided for this project in addition to the base bid. These bid alternates were to
provide various piping materials to transfer raw water from the BMU connection to the Edgebrook Golf Course.
Bid Alternate #1, #2, and #3 had an Engineer’s Opinion of Cost at $167,776.00, $117,967.50, and $117,967.50
respectively. Bid Alternate #1 bids ranged from $173,019.00 to $246,421.00. Bid Alternate #2 bids ranged from
$162,533.00 to $251,664.00. Bid Alternate #3 bids ranged from $230,692.00 to $325,066.00
Bids received were accompanied by a 10% Bid Bond and acknowledged the receipt of Addendum #1, #2, and #3
on the Bid Form. A Bid Tabulation Summary is attached for your review.
Prunty Construction of Brookings, SD is deemed to be the low, responsive, responsible Bidder for the City Council
to consider for award in the amount of $2,097,886.00 at their November 18th, 2025 meeting.
Available funding for this project is limited to being under $1,400,000. Based upon received bids, additional
funding would need to be allocated for this project to be awarded.
Page 2
After bidding, Banner Associates reached out to contractors to discuss the reasoning for higher-than-expected
bid prices. From discussion, it appears that the current high ground water levels along with construction
milestones, to be completed during the winter season to reduce impacts to golf course attendees and operations
compounded in significant increases to costs associated with dewatering, mobilization, and earthwork activities.
If bids are rejected, the project can be rebid at a later date with a reduced scope of construction activities around
the irrigation pond along with a construction schedule more accommodating to contractors. With these
amendments to the plans, it would be anticipated that there would be potential cost savings for the project, but
would include less storage capacity and overall improvements around the existing irrigation ponds as well as
disrupt golf course operations while construction activities are active. It is anticipated that two holes of the golf
course would need to be closed while construction activities are occurring.
If you have any questions or would like to discuss this letter in more detail, please do not hesitate to contact me.
Sincerely,
Paul M. Kraft, PE
Project Manager
Banner Associates, Inc.
BID TABULATION
PROJECT
LOCATION
BID DATE
PROJECT NO.
CERTIFIED BY:
Paul M. Kraft #12925
DATE:
BID ITEM NUMBER DESCRIPTION OF WORK AND MATERIALS QUANTITY UNITS UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUE
1 01 7113 - 4.1 Mobilization 1.0 LS $68,000.00 $68,000.00 $254,404.48 $254,404.48 $380,000.00 $380,000.00 $240,688.88 $240,688.88 $220,000.00 $220,000.00 $484,650.00 $484,650.00
2 01 0000 - 5.4 Traffic Control 1.0 LS $6,000.00 $6,000.00 $3,713.00 $3,713.00 $3,500.00 $3,500.00 $3,577.50 $3,577.50 $3,600.00 $3,600.00 $3,594.38 $3,594.38
3 40 9060 - 3.6 Irrigation Well House SCADA & Instrumentation 1.0 LS $20,000.00 $20,000.00 $500.00 $500.00 $171,000.00 $171,000.00 $38,976.20 $38,976.20 $5,000.00 $5,000.00 $17,040.00 $17,040.00
4 31 1000 - 4.1 Salvage Topsoil 1923.0 CY $3.50 $6,730.50 $2.50 $4,807.50 $1.55 $2,980.65 $3.14 $6,038.22 $4.00 $7,692.00 $3.15 $6,057.45
5 31 2000 - 4.4 Placing Topsoil 1923.0 CY $4.50 $8,653.50 $3.50 $6,730.50 $3.10 $5,961.30 $4.22 $8,115.06 $4.00 $7,692.00 $4.24 $8,153.52
6 31 2000 - 4.5 Placing Contractor Furnished Topsoil 2907.0 CY $18.00 $52,326.00 $21.50 $62,500.50 $40.00 $116,280.00 $17.86 $51,919.02 $17.00 $49,419.00 $17.95 $52,180.65
7 32 9200 - 4.1 Rough Seeding 2.4 Acre $4,200.00 $10,080.00 $3,388.00 $8,131.20 $1,600.00 $3,840.00 $1,590.00 $3,816.00 $3,300.00 $7,920.00 $3,280.20 $7,872.48
8 32 9200 - 4.1 Non-Irrigated Seeding 0.5 Acre $3,500.00 $1,750.00 $4,213.00 $2,106.50 $1,600.00 $800.00 $1,590.00 $795.00 $4,100.00 $2,050.00 $4,078.95 $2,039.48
9 32 9200 - 4.1 DOT Type B Permanent Seeding 1.7 Acre $2,500.00 $4,250.00 $2,563.00 $4,357.10 $1,600.00 $2,720.00 $1,590.00 $2,703.00 $2,500.00 $4,250.00 $2,481.45 $4,218.47
10 32 9200 - 4.1 Wetland Seeding 0.9 Acre $3,500.00 $3,150.00 $2,483.00 $2,234.70 $1,600.00 $1,440.00 $1,590.00 $1,431.00 $2,400.00 $2,160.00 $2,404.24 $2,163.82
11 32 9200 - 4.1 Big Country Seeding 1.4 Acre $3,500.00 $4,900.00 $2,799.29 $3,919.01 $1,850.00 $2,590.00 $1,802.00 $2,522.80 $2,700.00 $3,780.00 $2,709.67 $3,793.54
12 32 9200 - 4.1 Fairway Seeding 0.1 Acre $4,200.00 $420.00 $6,413.00 $641.30 $1,600.00 $160.00 $1,590.00 $159.00 $6,275.00 $627.50 $6,208.95 $620.90
13 31 2500 - 4.1 Erosion Control Blanket 1585.0 SY $2.10 $3,328.50 $2.31 $3,661.35 $1.76 $2,789.60 $1.75 $2,773.75 $2.25 $3,566.25 $2.24 $3,550.40
14 31 2500 - 4.2 Silt Fence 5167.0 LF $3.10 $16,017.70 $3.19 $16,482.73 $3.20 $16,534.40 $3.18 $16,431.06 $3.00 $15,501.00 $3.09 $15,966.03
15 31 2500 - 4.3 Inlet Sediment Protection 5.0 EA $100.00 $500.00 $88.00 $440.00 $302.00 $1,510.00 $95.40 $477.00 $90.00 $450.00 $85.20 $426.00
16 31 2500 - 4.4 Temporary Vehicle Tracking Control 1.0 EA $1,200.00 $1,200.00 $1,500.00 $1,500.00 $1,250.00 $1,250.00 $1,346.20 $1,346.20 $1,350.00 $1,350.00 $1,352.55 $1,352.55
17 31 2500 - 4.5 Class A Riprap 20.0 Ton $90.00 $1,800.00 $68.00 $1,360.00 $130.00 $2,600.00 $120.00 $2,400.00 $65.00 $1,300.00 $46.55 $931.00
18 31 2500 - 4.6 Concrete Washout Area 1.0 EA $500.00 $500.00 $200.00 $200.00 $1,250.00 $1,250.00 $127.20 $127.20 $130.00 $130.00 $127.80 $127.80
19 31 2000 - 4.2 Clear and Grub Tree 15.0 EA $600.00 $9,000.00 $300.00 $4,500.00 $900.00 $13,500.00 $381.60 $5,724.00 $380.00 $5,700.00 $383.40 $5,751.00
20 31 2000 - 4.11 Salvage and Reset Tree 5.0 EA $1,000.00 $5,000.00 $825.00 $4,125.00 $1,100.00 $5,500.00 $795.00 $3,975.00 $1,000.00 $5,000.00 $798.75 $3,993.75
21 31 2000 - 4.2 Remove Storm Sewer Pipe 174.0 LF $6.00 $1,044.00 $25.00 $4,350.00 $20.62 $3,587.88 $45.00 $7,830.00 $29.00 $5,046.00 $25.00 $4,350.00
22 31 2000 - 4.2 Remove Concrete Curb and Gutter 72.0 LF $5.00 $360.00 $8.00 $576.00 $10.50 $756.00 $23.53 $1,694.16 $24.00 $1,728.00 $23.64 $1,702.08
23 31 2000 - 4.2 Remove Concrete Surfacing 60.0 SY $9.00 $540.00 $8.00 $480.00 $31.00 $1,860.00 $45.69 $2,741.40 $46.00 $2,760.00 $45.90 $2,754.00
24 31 2000 - 4.2 Remove Golf Course Bridge 1.0 LS $8,000.00 $8,000.00 $5,000.00 $5,000.00 $5,200.00 $5,200.00 $10,112.40 $10,112.40 $10,250.00 $10,250.00 $10,160.10 $10,160.10
25 31 2000 - 4.2 Remove Asphalt Concrete 1084.0 SY $7.00 $7,588.00 $4.00 $4,336.00 $0.52 $563.68 $9.37 $10,157.08 $9.50 $10,298.00 $9.41 $10,200.44
26 31 2000 - 4.2 Remove Retaining Wall 4' Top 185.0 LF $50.00 $9,250.00 $15.00 $2,775.00 $26.00 $4,810.00 $15.90 $2,941.50 $16.00 $2,960.00 $15.98 $2,956.30
27 31 2000 - 4.2 Remove Fence 2334.0 LF $1.00 $2,334.00 $1.62 $3,781.08 $1.10 $2,567.40 $1.06 $2,474.04 $1.50 $3,501.00 $1.57 $3,664.38
28 01 0000 - 5.5 Type 2 Right-Of-Way Fence 2304.0 LF $3.00 $6,912.00 $8.00 $18,432.00 $4.30 $9,907.20 $4.24 $9,768.96 $5.75 $13,248.00 $7.74 $17,832.96
29 31 2300 - 4.4 Trench Dewatering 1.0 LS $20,000.00 $20,000.00 $233,184.00 $233,184.00 $1.00 $1.00 $95,000.00 $95,000.00 $230,000.00 $230,000.00 $0.01 $0.01
30 31 2000 - 4.10 Pond Dewatering 1.0 LS $75,000.00 $75,000.00 $253,588.00 $253,588.00 $250,000.00 $250,000.00 $314,989.60 $314,989.60 $311,000.00 $311,000.00 $316,475.40 $316,475.40
31 31 2000 - 4.3 Unclassified Excavation (Pond)7857.0 CY $6.75 $53,034.75 $8.50 $66,784.50 $15.50 $121,783.50 $6.13 $48,163.41 $6.25 $49,106.25 $6.16 $48,399.12
32 31 2000 - 4.8 Imported Embankment Material 3900.0 CY $12.00 $46,800.00 $12.50 $48,750.00 $36.00 $140,400.00 $0.01 $39.00 $0.01 $39.00 $0.01 $39.00
33 31 2000 - 4.9 Imported Clay Liner Material (Owner Furnished)3845.0 CY $10.00 $38,450.00 $10.50 $40,372.50 $22.15 $85,166.75 $22.24 $85,512.80 $22.50 $86,512.50 $22.34 $85,897.30
34 31 2300 - 4.3 Trench Stabilization Material 100.0 Ton $35.00 $3,500.00 $45.00 $4,500.00 $52.00 $5,200.00 $45.00 $4,500.00 $35.00 $3,500.00 $49.80 $4,980.00
35 31 2000 - 4.6 Compaction - Moisture/Density Tests 12.0 Each $250.00 $3,000.00 $138.00 $1,656.00 $250.00 $3,000.00 $238.50 $2,862.00 $135.00 $1,620.00 $266.25 $3,195.00
36 31 2000 - 4.7 Percolation or Permeability Tests 2.0 Each $400.00 $800.00 $495.00 $990.00 $550.00 $1,100.00 $1,166.00 $2,332.00 $500.00 $1,000.00 $532.50 $1,065.00
37 31 2300 - 4.5 Verify Utility 2.0 Each $300.00 $600.00 $150.00 $300.00 $1,000.00 $2,000.00 $1,500.00 $3,000.00 $200.00 $400.00 $532.50 $1,065.00
38 33 1000 - 4.2 6" C900 DR18 Watermain Pipe (Open Cut)704.0 LF $38.00 $26,752.00 $42.00 $29,568.00 $59.00 $41,536.00 $60.00 $42,240.00 $41.00 $28,864.00 $64.15 $45,161.60
39 33 1000 - 4.2 20" C900 DR18 Watermain Pipe (Open Cut)6.0 LF $200.00 $1,200.00 $489.00 $2,934.00 $340.00 $2,040.00 $1,250.00 $7,500.00 $200.00 $1,200.00 $414.86 $2,489.16
40 33 1000 - 4.2 6" Restrained Joint C900 DR 18 Watermain Pipe (Carrier)400.0 LF $60.00 $24,000.00 $34.00 $13,600.00 $129.00 $51,600.00 $56.00 $22,400.00 $55.00 $22,000.00 $66.08 $26,432.00
41 33 1000 - 4.3 6" MJ Sleeve w/ Joint Restraints 5.0 EA $800.00 $4,000.00 $603.00 $3,015.00 $660.00 $3,300.00 $1,200.00 $6,000.00 $1,250.00 $6,250.00 $641.99 $3,209.95
42 33 1000 - 4.3 20" MJ Sleeve w/ Joint Restraints 1.0 EA $2,000.00 $2,000.00 $3,268.00 $3,268.00 $3,355.00 $3,355.00 $5,500.00 $5,500.00 $4,200.00 $4,200.00 $3,276.94 $3,276.94
43 33 1000 - 4.3 6" MJ Bend (11.25 Degree) w/ Joint Restraints 3.0 EA $800.00 $2,400.00 $569.00 $1,707.00 $750.00 $2,250.00 $700.00 $2,100.00 $625.00 $1,875.00 $605.44 $1,816.32
44 33 1000 - 4.3 6" MJ Bend (22.5 Degree) w/ Joint Restraints 1.0 EA $800.00 $800.00 $563.00 $563.00 $750.00 $750.00 $700.00 $700.00 $725.00 $725.00 $630.74 $630.74
45 33 1000 - 4.3 6" MJ Bend (45 Degree) w/ Joint Restraints 4.0 EA $800.00 $3,200.00 $577.00 $2,308.00 $750.00 $3,000.00 $700.00 $2,800.00 $750.00 $3,000.00 $616.15 $2,464.60
46 33 1000 - 4.3 6" MJ Bend (90 Degree) w/ Joint Restraints 3.0 EA $800.00 $2,400.00 $615.00 $1,845.00 $790.00 $2,370.00 $750.00 $2,250.00 $850.00 $2,550.00 $736.39 $2,209.17
47 33 1000 - 4.3 20" x 6" MJ Tee w/ Joint Restraints 1.0 EA $6,000.00 $6,000.00 $4,191.00 $4,191.00 $5,100.00 $5,100.00 $5,700.00 $5,700.00 $6,200.00 $6,200.00 $4,079.68 $4,079.68
48 33 1000 - 4.4 6" MJ Gate Valve & Box w/ Joint Restraints 3.0 EA $2,500.00 $7,500.00 $2,063.00 $6,189.00 $2,500.00 $7,500.00 $1,800.00 $5,400.00 $2,100.00 $6,300.00 $1,779.61 $5,338.83
49 33 1000 - 4.4 20" Gate Valve & Box w/ Joint Restraints 1.0 EA $20,000.00 $20,000.00 $28,745.00 $28,745.00 $32,000.00 $32,000.00 $25,500.00 $25,500.00 $30,500.00 $30,500.00 $28,373.98 $28,373.98
50 33 1000 - 4.5 6" MJ Rubber Water Main Check Valve w/ Joint Restraints 1.0 EA $2,000.00 $2,000.00 $1,909.00 $1,909.00 $2,100.00 $2,100.00 $2,100.00 $2,100.00 $1,900.00 $1,900.00 $1,822.81 $1,822.81
51 33 1000 - 4.6 12" Steel Encasement Pipe (Jack & Bore)360.0 LF $575.00 $207,000.00 $636.00 $228,960.00 $625.00 $225,000.00 $539.54 $194,234.40 $580.00 $208,800.00 $615.57 $221,605.20
52 33 1000 - 4.7 Tracer Wire 6335.0 LF $1.00 $6,335.00 $0.75 $4,751.25 $1.55 $9,819.25 $0.50 $3,167.50 $0.35 $2,217.25 $0.77 $4,877.95
53 26 0000 Fiber Optic Line 6542.0 LF $2.75 $17,990.50 $8.00 $52,336.00 $2.15 $14,065.30 $13.76 $90,017.92 $2.75 $17,990.50 $16.65 $108,924.30
54 33 1000 - 4.8 3" Underground Warning Tape 12541.0 LF $0.50 $6,270.50 $0.20 $2,508.20 $1.10 $13,795.10 $1.00 $12,541.00 $0.25 $3,135.25 $0.02 $250.82
55 33 1000 - 4.9 Cut and Tie to Existing Water Main 2.0 EA $3,000.00 $6,000.00 $3,800.00 $7,600.00 $2,062.00 $4,124.00 $10,000.00 $20,000.00 $2,100.00 $4,200.00 $1,250.00 $2,500.00
56 33 1000 - 4.13 Air Release Valve w/ Pit 2.0 EA $8,000.00 $16,000.00 $7,900.00 $15,800.00 $9,000.00 $18,000.00 $12,000.00 $24,000.00 $6,400.00 $12,800.00 $8,483.70 $16,967.40
57 33 1000 - 4.11 Pipe Sump Assembley 2.0 EA $2,500.00 $5,000.00 $6,536.00 $13,072.00 $9,000.00 $18,000.00 $9,500.00 $19,000.00 $6,500.00 $13,000.00 $9,753.13 $19,506.26
58 33 1000 - 4.12 Pig Launch/Retrievel and Blowoff Assembley 1.0 EA $3,500.00 $3,500.00 $5,722.00 $5,722.00 $7,800.00 $7,800.00 $11,000.00 $11,000.00 $9,250.00 $9,250.00 $11,715.23 $11,715.23
59 33 1000 - 4.10 Pipe Insulation 16.0 LF $50.00 $800.00 $15.00 $240.00 $31.00 $496.00 $12.00 $192.00 $18.00 $288.00 $17.78 $284.48
60 13 2700 - 4.1 Pump Vault 1.0 EA $200,000.00 $200,000.00 $314,536.00 $314,536.00 $70,000.00 $70,000.00 $286,580.00 $286,580.00 $260,000.00 $260,000.00 $255,093.37 $255,093.37
61 33 4100 - 4.2 4" PVC Drainage Piping 84.0 LF $12.00 $1,008.00 $45.00 $3,780.00 $40.00 $3,360.00 $35.00 $2,940.00 $28.00 $2,352.00 $43.04 $3,615.36
62 33 4100 - 4.4 Connect to Existing Area Inlet 1.0 EA $200.00 $200.00 $2,650.00 $2,650.00 $3,100.00 $3,100.00 $1,500.00 $1,500.00 $2,100.00 $2,100.00 $1,039.42 $1,039.42
63 33 4100 - 4.2 24" RCP Class 3, Furnish & Install 120.0 LF $95.00 $11,400.00 $95.00 $11,400.00 $120.00 $14,400.00 $140.00 $16,800.00 $108.00 $12,960.00 $138.25 $16,590.00
64 33 4100 - 4.2 30" RCP Class 3, Furnish & Install 88.0 LF $120.00 $10,560.00 $115.00 $10,120.00 $135.00 $11,880.00 $165.00 $14,520.00 $127.00 $11,176.00 $137.22 $12,075.36
65 33 4100 - 4.3 18" HDPE Storm Sewer Pipe 57.0 LF $90.00 $5,130.00 $63.00 $3,591.00 $120.00 $6,840.00 $240.00 $13,680.00 $196.00 $11,172.00 $97.20 $5,540.40
66 33 4100 - 4.5 24" Rubber Storm Sewer Check Valve 1.0 EA $8,000.00 $8,000.00 $10,833.00 $10,833.00 $14,000.00 $14,000.00 $14,000.00 $14,000.00 $12,000.00 $12,000.00 $9,732.73 $9,732.73
67 33 4100 - 4.5 24" RCP Flared End, Class 4 1.0 EA $1,100.00 $1,100.00 $1,021.00 $1,021.00 $2,350.00 $2,350.00 $1,500.00 $1,500.00 $1,300.00 $1,300.00 $766.89 $766.89
68 33 4100 - 4.5 30" RCP Flared End, Class 4 2.0 EA $1,400.00 $2,800.00 $1,304.00 $2,608.00 $2,600.00 $5,200.00 $1,700.00 $3,400.00 $1,400.00 $2,800.00 $1,033.95 $2,067.90
69 32 1123 - 4.1 Base Course 258.0 Ton $20.00 $5,160.00 $24.00 $6,192.00 $24.50 $6,321.00 $26.36 $6,800.88 $26.75 $6,901.50 $26.49 $6,834.42
SPEC. SECTION
LL&SONS EXCAVATING METRO CONSTRUCTION PRUNTY CONSTRUCTION
10% Bid Bond 10% Bid Bond 10% Bid Bond 10% Bid Bond
FIRST RATE EXCAVATE SITEWORKS, INC.
10% Bid Bond
Edgebrook Water Sourcing
Brookings, SD
Thursday, November 6, 2025
24285.00
ENGINEER'S ESTIMATE
BID TABULATION
PROJECT
LOCATION
BID DATE
PROJECT NO.
CERTIFIED BY:
Paul M. Kraft #12925
DATE:
BID ITEM NUMBER DESCRIPTION OF WORK AND MATERIALS QUANTITY UNITS UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUE UNIT PRICE TOTAL VALUESPEC. SECTION
LL&SONS EXCAVATING METRO CONSTRUCTION PRUNTY CONSTRUCTION
10% Bid Bond 10% Bid Bond 10% Bid Bond 10% Bid Bond
FIRST RATE EXCAVATE SITEWORKS, INC.
10% Bid Bond
Edgebrook Water Sourcing
Brookings, SD
Thursday, November 6, 2025
24285.00
ENGINEER'S ESTIMATE
70 32 1123 - 4.2 Gravel Surfacing 116.0 Ton $20.00 $2,320.00 $25.00 $2,900.00 $25.50 $2,958.00 $26.36 $3,057.76 $26.75 $3,103.00 $26.49 $3,072.84
71 32 1123 - 4.2 Temporary Gravel Surfacing 440.0 Ton $20.00 $8,800.00 $30.00 $13,200.00 $29.80 $13,112.00 $26.36 $11,598.40 $26.75 $11,770.00 $47.93 $21,089.20
72 32 1123 - 4.3 Crushed Concrete 48.0 Ton $25.00 $1,200.00 $28.00 $1,344.00 $29.00 $1,392.00 $31.66 $1,519.68 $32.00 $1,536.00 $31.81 $1,526.88
73 32 1613 - 4.1 Type B66 Concrete Curb and Gutter 28.0 LF $50.00 $1,400.00 $49.50 $1,386.00 $27.00 $756.00 $47.70 $1,335.60 $70.00 $1,960.00 $47.93 $1,342.04
74 32 1613 - 4.2 6" Reinforced PCC Approach Pavement 14.0 SY $95.00 $1,330.00 $95.70 $1,339.80 $96.40 $1,349.60 $97.52 $1,365.28 $150.00 $2,100.00 $92.66 $1,297.24
75 32 1613 - 4.3 4" Concrete Sidewalk 533.0 SF $8.00 $4,264.00 $8.69 $4,631.77 $4.65 $2,478.45 $10.49 $5,591.17 $8.00 $4,264.00 $8.41 $4,482.53
76 32 1613 - 4.3 6" Concrete Sidewalk 407.0 SF $11.50 $4,680.50 $10.29 $4,188.03 $7.15 $2,910.05 $12.03 $4,896.21 $11.00 $4,477.00 $9.96 $4,053.72
77 32 1613 - 4.5 Concrete Sampling and Testing 2.0 Each $450.00 $900.00 $385.00 $770.00 $400.00 $800.00 $927.50 $1,855.00 $350.00 $700.00 $639.00 $1,278.00
78 32 1216 - 4.1 Asphalt Concrete Composite 172.0 Ton $145.00 $24,940.00 $149.00 $25,628.00 $140.00 $24,080.00 $143.10 $24,613.20 $145.00 $24,940.00 $222.60 $38,287.20
79 32 1216 - 4.2 Asphalt Concrete Sampling and Testing 1.0 Each $500.00 $500.00 $594.00 $594.00 $615.00 $615.00 $572.40 $572.40 $575.00 $575.00 $660.00 $660.00
80 26 0000 1.25" SCH 40 PVC Conduit 452.0 LF $12.00 $5,424.00 $7.00 $3,164.00 $11.15 $5,039.80 $6.36 $2,874.72 $1.00 $452.00 $21.54 $9,736.08
81 26 0000 On-Site Electrical 1.0 LS $30,000.00 $30,000.00 $23,589.00 $23,589.00 $22,850.00 $22,850.00 $22,730.64 $22,730.64 $41,000.00 $41,000.00 $31,870.13 $31,870.13
82 32 1123 - 4.2 2" Clean Rock 2000.0 Ton $20.00 $40,000.00 $45.00 $90,000.00 $60.00 $120,000.00 $47.03 $94,060.00 $47.75 $95,500.00 $47.25 $94,500.00
Bid Alternate 1 (1-1)33 1000 - 4.2 6" C900 Pipe DR18 (Open Cut)5243.0 LF $32.00 $167,776.00 $33.00 $173,019.00 $42.00 $220,206.00 $47.00 $246,421.00 $25.25 $132,385.75 $41.98 $220,101.14
Bid Alternate 2 (2-1)33 1000 - 4.2 6" ASTM D2241 Pipe (Open Cut)5243.0 LF $22.50 $117,967.50 $31.00 $162,533.00 $39.00 $204,477.00 $48.00 $251,664.00 $22.00 $115,346.00 $38.56 $202,170.08
Bid Alternate 3 (3-1)33 1000 - 4.2 6" Fusible PVC Pipe (Trench)5243.0 LF $22.50 $117,967.50 $44.00 $230,692.00 $50.00 $262,150.00 $62.00 $325,066.00 $39.00 $204,477.00 $58.00 $304,094.00
$1,243,083.45 $2,046,467.00 $2,177,901.91 $2,040,248.00 $1,982,540.00 $2,179,708.44
$1,410,859.45 $2,219,486.00 $2,398,107.91 $2,286,669.00 $2,114,925.75 $2,399,809.58
$1,361,050.95 $2,209,000.00 $2,382,378.91 $2,291,912.00 $2,097,886.00 $2,381,878.52
$1,361,050.95 $2,277,159.00 $2,440,051.91 $2,365,314.00 $2,187,017.00 $2,483,802.44
Denotes Error
Base Bid
Base Bid with Alternate #1
Base Bid with Alternate #2
Base Bid with Alternate #3
PROJECT:CERTIFIED BY:
DATE:
Bidder Number Bid Security
Acknowledged
Addendum
(# issued)
Base Bid Alt #1 Alt #2 Alt #3 Base + Alt #1 Base + Alt #2 Base + Alt #3
1 x 1,2,3 $1,243,000.00 $168,000.00 $118,000.00 $118,000.00 $1,411,000.00 $1,361,000.00 $1,361,000.00
2 x 1,2,3 $2,179,708.44 $220,101.14 $202,170.08 $304,094.00 $2,399,809.58 $2,381,878.52 $2,483,802.44
3 x 1,2,3 $2,046,467.00 $173,019.00 $162,533.00 $230,692.00 $2,219,486.00 $2,209,000.00 $2,277,159.00
4 x 1,2,3 $2,177,901.91 $220,206.00 $204,477.00 $262,150.00 $2,398,107.91 $2,382,378.91 $2,440,051.91
5 x 1,2,3 $1,982,540.00 $132,385.75 $115,346.00 $204,477.00 $2,114,925.75 $2,097,886.00 $2,187,017.00
6 x 1,2,3 $2,040,248.00 $246,421.00 $251,664.00 $325,066.00 $2,286,669.00 $2,291,912.00 $2,365,314.00
7
8
9
10
Metro Construction
1st Rate Excavate
LL & Sons Excavate
Prunty Construction
BID OPENING Location:
BID OPENING Time & Date: 1:30 CST, November 6, 2025
City of Brookings, City & County Government Center, 520 3rd Street
Bidder's Name
Engineer's Estimate
Siteworks, Inc.
________________________________________
________________________________________
BID TAB
Edgebrook Water Sourcing
Brookings, SD
BAI. No. 24285.00
Page 1
11/07/2025
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-095,Version:1
Action on Resolution 25-095, a Resolution Authorizing the City of Brookings to enter into an
Agreement for Edgebrook Golf Course Clubhouse Management Services.
Summary and Recommended Action:
Staff recommends approval of the 2026-2027 Edgebrook Golf Course Clubhouse & Driving Range
Manager Agreement with Moen Management. The updated Agreement strengthens operational
consistency, clarifies responsibilities, and simplifies the financial structure compared to the previous
contract. Key changes include a shift from a variable incentive payout to a flat contract fee, creating
more predictable budgeting for the City, and updated terms for food and beverage service to support
expanded offerings. Operational expectations for staffing, customer service, inventory management,
and tournament coordination have been refined to ensure consistent service delivery and alignment
with City policies. These updates provide clearer accountability, stabilize annual costs, and enhance
the overall quality of operations at Edgebrook Golf Course.
Attachments:
Memo
Resolution
Management Agreement
City of Brookings Printed on 12/11/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Kristin Zimmerman, Parks, Recreation and Forestry Director
Council Meeting: November 25, 2025
Subject: Resolution 25-095: 2026-2027 Edgebrook Golf Course
Clubhouse & Driving Range Manager Agreement with Moen
Management
Presenter: Kristin Zimmerman, Parks, Recreation and Forestry Director
Summary and Recommended Action:
Staff recommends approval of the 2026–2027 Edgebrook Golf Course Clubhouse &
Driving Range Manager Agreement with Moen Management. The updated Agreement
strengthens operational consistency, clarifies responsibilities, and simplifies the financial
structure compared to the previous contract. Key changes include a shift from a
variable incentive payout to a flat contract fee, creating more predictable budgeting for
the City, and updated terms for food and beverage service to support expanded
offerings. Operational expectations for staffing, customer service, inventory
management, and tournament coordination have been refined to ensure consistent
service delivery and alignment with City policies. These updates provide clearer
accountability, stabilize annual costs, and enhance the overall quality of operations at
Edgebrook Golf Course.
Item Details:
Edgebrook Golf Course continues to be a significant quality-of-life asset for the City of
Brookings, providing residents and visitors with seasonal recreation, social connection,
and access to a well-maintained public amenity. The course also contributes to the
local economy by attracting tournaments, league play, and daily golfers who support
local restaurants and retailers. Its presence enhances community appeal, strengthens
local tourism, and reinforces the City of Brookings as a vibrant, active, and welcoming
place to live, work, and visit.
The City of Brookings contracts with Moen Management for the operation of the
Edgebrook Golf Course Clubhouse, Pro Shop, and Driving Range. This management
model has provided consistent daily operations, high -quality customer service, and
support for tournaments, leagues, and special events. The proposed 2026–2027
Agreement continues this structure while outlining responsibilities, financial terms, and
operational expectations for both parties.
The Agreement establishes a two-year term beginning January 1, 2026, through
December 31, 2027. Moen Management will continue to operate the clubhouse, driving
range, pro shop, and food and beverage services as an independent contractor. The
City will provide facility access, utilities, maintenance of all grounds and infrastructure,
POS system support, and establishment of greens fees, season pass rates, and
sponsorship opportunities.
The Manager is responsible for daily operations, seasonal staffing, customer service,
inventory purchasing, tournament coordination, and adherence to all City policies and
related regulations. The City will retain all revenues associated with green fees,
memberships, packages, cart rentals, and sponsorships, while the Manager retains
revenues from daily driving range operations, pro shop sales, and food and beverage
service.
Edgebrook Golf Course Revenues
2025 (11/14/2025) 2026 (estimate)
Pro-Shop Revenue $ 144,664.63* $205,000.00
Daily Driving Range $ 56,701.40 $45,000.00
Golf Fees and Memberships $ 656,814.15 $735,750.00
CIP Fee $ 49,784.03 $40,000.00
Total Revenue $ 907,944.21 $1,025,750
Edgebrook Golf Course Expenses
2025 2026 (estimate)
Maintenance Operations & Clubhouse Support $514,306 $646,557
Contract Fee - Clubhouse Management $70,000 $105,000
Incentive - Clubhouse Management $117,468.62* $0
Revenue Share - Pro Shop and Driving
Range/Bucket of Balls $ 246,396.45* $245,000
Capital Projects & Equipment $278,000 $227,750
Total Expenses $1,120,471.07 $1,224,307.00
Edgebrook Bottom Line $ -212,526.86 $-198,557.00
Edgebrook Golf Course is projected to see total revenues increase from $907,944 in
2025 to $1,025,750 in 2026, driven by anticipated growth in pro-shop sales, possibly
expanding to include food service, which is currently limited. Increase cart rates and
continued strength in golf fees and memberships.
On the expense side, total costs are expected to rise from $1,120,471 in 2025 to
$1,224,307 in 2026. A significant portion of this increase is tied to higher maintenance
and operational expenses, including the golf cart lease.
Despite revenue growth, the course is projected to continue operating at a deficit. The
2025 year-end shows a -$212,526 loss, with 2026 estimated to improve slightly but
remain negative at -$198,557.
Legal Consideration:
City Attorney’s Office has completed a review of the contract.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participat e in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
Edgebrook Golf Course operates as an Enterprise Fund, and is projected to generate
$1,025,750 in revenue for 2026, an increase from $907,944 in 2025, driven by higher
pro-shop sales, expanded limited food service, and increased golf fees and
memberships. However, total expenses are also projected to rise from $1,120,471 in
2025 to $1,224,307 in 2026, largely due to increased maintenance and operational
costs, including a significant increase in the golf cart lease and the updated clubhouse
management contract fee.
Despite improved revenue performance, the course is expected to continue operating at
a deficit, with a projected 2026 shortfall of approximately $198,557. The proposed
2026-2027 Clubhouse & Driving Range Manager Agreement formalizes the financial
responsibilities and revenue distribution between the City and Moen Management to
ensure operational continuity while managing costs within available resources.
Supporting Documentation:
Resolution
Management Agreement
RESOLUTION 25-095
RESOLUTION AUTHORIZING THE CITY OF BROOKINGS TO ENTER
INTO AN AGREEMENT FOR EDGEBROOK GOLF COURSE CLUBHOUSE
MANAGEMENT SERVICES
W HEREAS, the City of Brookings owns and operates the Edgebrook Golf Course as a
public recreational facility serving residents, visitors, and the regional community; and
W HEREAS, the City contracts with an independent manager to operate the clubhouse,
pro shop, driving range, and food and beverage services to ensure high -quality
customer service, efficient daily operations, and support for tournaments, leagues, and
special events; and
W HEREAS, Moen Management has successfully managed the Edgebrook Clubhouse
and Driving Range through the current agreement, providing consistent service delivery,
staffing oversight, and operational support; and
WHEREAS, the updated Agreement establishe s a two-year term beginning January 1,
2026, and provides a clear and predictable financial structure benefiting the City’s
enterprise fund while sustaining customer service levels and operational continuity; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings enter into the
2026–2027 Edgebrook Golf Course Clubhouse & Driving Range Management
Agreement with Moen Management.
Passed and Approved this 25th day of November, 2025.
CITY OF BROOKINGS, SD
______________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
Edgebrook Golf Course Clubhouse &
Driving Range Management Agreement
This agreement for the management of Edgebrook Golf Course Clubhouse & Driving Range (this
“Agreement”) is entered into this day of _____, 2025 (the “Effective Date”), by and
between the City of Brookings, South Dakota, a municipal corporation, by and through the Department
of Parks, Recreation & Forestry, hereafter referred to as the “City”; and Gary Moen, dba Moen
Management, hereafter referred to as “Manager”.
I. PURPOSE
The purpose of this Agreement is to provide certain services, on a contract basis, related to public
recreation golfing for Edgebrook Municipal Golf Course (“Golf Course”) and Clubhouse (“Clubhouse”),
consistent with the goal of the City, which focuses on maintaining number of rounds of play and
maintaining a high standard of customer service to all members and customers.
II. TERM OF AGREEMENT
The term of this Agreement will commence on January 1, 2026, and continue through December 31,
2027 (the “Term”), covering each annual golf season, unless sooner terminated by either party in
accordance with this Agreement.
The City and Manager will meet no less than annually to review quality of services, revenue
performance, sponsorship income, and operational expenses associated with this Agreement. Based on
the review, both parties may mutually agree to adjust revenue allocations, sponsorship rates, or other
financial terms as appropriate to reflect current operations and market conditions. In the event the
parties cannot agree, the Agreement may be terminated by either party in accordance with the terms of
this Agreement.
III. INDEPENDENT CONTRACTOR STATUS
Manager will act as an independent contractor, not an employee of the City. Nothing herein shall be
construed to create a partnership, joint venture, or employer-employee relationship. Manager will have
no authority to bind or obligate the City in any way without express consent from the City.
IV. SCOPE OF SERVICES – MANAGER RESPONSIBILITIES
During the Term, Manager agrees to act as an independent contractor for the City subject to the terms
and conditions of this Agreement. The City engages Manager to provide the services set forth herein. In
performing the services required by this Agreement, Manager must, to the Manger’s ability, capacity,
and in good faith act in a manner that serves the best interests of the City. Manager will be required to
perform under this Agreement as may be necessary to provide the required Services in a timely and
productive manner. Manager will exercise independent judgment and control over the provision of the
services and will provide the services pursuant to the highest professional and ethical standards and in
accordance with accepted industry standards and the City’s expressed preferences and requests.
Manager will be free to contract for services to other parties without the consent of the City, provided
Edgebrook Golf Course Clubhouse & Driving Range Management Agreement
City of Brookings / Moen Management
2
4896-6975-8845, v. 1
such services do not interfere with Manager’s services for the City or violate any other provisions of this
Agreement.
As part of Manager’s services, Manager must:
1. Operate the Clubhouse, pro-shop, and driving range during each golf season, maintaining
regular open hours (generally from April 1 through November 1), subject to weather and course
conditions. The Clubhouse should be open daily no later than 7:00 AM, unless the parties
mutually agree in writing to other terms. Gary Moen must be on-site during high-use times,
including evenings, weekends, tournaments, and peak play periods, to ensure smooth
operations and address any issues promptly.
2. Oversee daily operations including:
a. Tee time management and customer service, ensuring all patrons are treated fairly and
uniformly.
b. Clubhouse upkeep and ensuring a clean, safe, and orderly environment, keeping the
surrounding area clean, and reporting any damaged or non-functioning equipment,
doors, windows, or other components of the Clubhouse and golf course buildings to the
City.
c. Administration of driving range play and golf cart rentals.
d. Coordination of tournaments, leagues, events, and basic golf instruction.
e. Hiring, managing, and compensating seasonal staff (e.g., cashiers, Clubhouse
attendants), including payroll, benefits, HR management, and day-to-day supervision of
seasonal staff while on duty.
3. Food & Beverage Operations: Manager will be solely responsible for the procurement,
purchasing, management, and sale of all food and beverage items offered at the clubhouse.
Manager will assume all associated financial risks, inventory controls, and compliance with local
and health regulations. Manager may collaborate with the City for input or mandated product
offerings, but all financial responsibility lies with Manager.
4. Pro Shop Operations: Manager will be solely responsible for the procurement, purchasing,
management and sale of all pro shop inventory, including apparel, golf balls, clubs, accessories,
and sundries. Manager will retain ownership of the inventory and must collaborate with the City
on product selection and logo usage.
5. Point-of-Sale (POS) Operations: Manager must ensure accurate transaction recording, daily
deposit of funds, inventory controls, and timely reporting.
6. Business Continuity: Manager must provide a qualified substitute during any absence of Gary
Moen or Jason Evens so that operational standards and customer service continue
uninterrupted, with a 7-day notice provided to the City in advance of any leave, with the
exception of emergency circumstances. Manager agrees to keep and maintain records devoted
exclusively to its management of the course. The City or its authorized agent will have the right
to audit and inspect such records at any time, upon reasonable notice to Manager. Manager
agrees to keep the records generated each year for a minimum of 3 years. All customer records,
Edgebrook Golf Course Clubhouse & Driving Range Management Agreement
City of Brookings / Moen Management
3
4896-6975-8845, v. 1
tee sheet data, and patron contact information collected in the course of business will remain
the property of the City.
7. Manager must comply with all applicable federal, state, and local laws and regulations in the
operation of the Clubhouse, Golf Course, and related services.
8. Manager must not engage in any discriminatory practices in the operation of the Clubhouse,
Golf Course, and related services.
V. CITY RESPONSIBILITIES
The City agrees to:
1. Facility and Utility Support
a. Provide and maintain access to the Clubhouse, driving range, and related facilities.
b. Cover utilities, including electricity, gas, water, internet, and basic telephone service to
the Golf Course and Clubhouse.
c. Supply necessary sanitation supplies as well as the POS system hardware/software and
related licensing.
2. Operational Support
a. Establish the fees annually for greens fees, season passes, and motorized cart rental
rates in consultation with Manager. Such fees must be uniformly enforced by Manager
and may not be deviated from or discounted without prior authorization in writing by
the City.
b. Determine golf package plans in consultation with Manager.
3. Course & Equipment Maintenance
a. Provide for all turf maintenance on the Golf Course, including the course, driving range,
short course, and practice green.
b. Provide for the maintenance and repair of the grounds, parking lot, signage, sidewalks,
buildings, and structures.
c. Maintain the infrastructure and equipment (e.g., range ball collectors, golf carts,
dispenser, cleaners, and range balls) required for safe and efficient operation of the
driving range and Golf Course.
d. Provide a minimum of 50 golf carts and the availability to secure additional carts from
the cart lessor on a short-term basis for special events.
e. Provide a minimum of 1 beverage cart for use at the Golf Course.
4. Sponsorships
a. Coordinate and collect sponsorships as cooperatively determined by the City and
Manager.
b. Establish sponsorship opportunities available at the Golf Course, including rates and
recognition formats.
VI. COMPENSATION
The City agrees to compensate Manager as follows:
Edgebrook Golf Course Clubhouse & Driving Range Management Agreement
City of Brookings / Moen Management
4
4896-6975-8845, v. 1
• Base Annual Commission: $100,000, payable in 6 installments occurring every other
month starting in January of each year of the contract. Check will be mailed out prior to
the last day of each of the months listed below.
o January: $30,000 – larger initial payment intended as startup funds for the
Clubhouse
o March, May, July, September, and November: $14,000 each month listed
o Daily Driving Range, Pro-Shop, and Food & Beverage will be paid to Manager
each month
o Manager may receive reimbursement for up to $5,000 for driving range balls;
receipt(s) must be provided to City to receive reimbursement. All driving range
balls remain property of the City and cannot be resold by Manager.
o In addition to Base Annual Compensation, Manager will retain certain categories
of revenue related to management of the Clubhouse and Golf Course, as
follows:
Moen Management City
Golf Fees 0% 100%
Packages and Memberships 0% 100%
Punch Cards 0% 100%
Cart Rentals 0% 100%
Daily Driving Range 100% 0%
Pro-Shop 100% 0%
Food and Beverage 100% 0%
Sponsorships 0% 100%
VII. TAXES
Manager will be responsible for payment of all taxes including federal, state, and local taxes arising out
of Manager’s activities in accordance with this Agreement. By way of illustration, these taxes may
include, but will not be specifically limited to, federal and state income, social security, sales, use, excise,
FICA, unemployment insurance taxes, and any other business taxes or license fees arising out of
Manager’s services.
VIII. BENEFITS
As an independent contractor, Manager is not eligible for any employee benefits offered by the City,
including but not limited to health insurance, retirement plans, paid time off, sick leave, or workers’
compensation.
IX. ACCOUNTING & REPORTING
Manager must:
1. Use the City-provided POS system, ensuring that all transactions are accurately recorded.
2. Submit daily deposit reports and monthly summaries of revenues, transactions, and operational
activities.
Edgebrook Golf Course Clubhouse & Driving Range Management Agreement
City of Brookings / Moen Management
5
4896-6975-8845, v. 1
3. Provide an annual income statement by April 15th each year, subject to review by the City
Finance Department.
4. Cooperate fully with any financial audits or review processes initiated by the City.
X. INSURANCE & LIABILITY
1. Manager’s Insurance.
a. Manager’s Liability Insurance. Manager will procure and maintain through the
Term of this Agreement a policy or policies of commercial general liability insurance with
contractual liability coverage, at its own cost and expense, insuring Manager and insuring the City
as an additional insured with respect to liability to third parties arising out of Manager’s use and
occupancy of the Golf Course and Clubhouse, from all claims, demands, or actions for bodily injury
or death sustained by one or more persons and damage to property as a result of any one
occurrence in the amount of not less than $1,000,000. Manager will obtain a per location
aggregate limit endorsement.
b. Manager’s Property Insurance. Manager must carry throughout the term of this
Agreement CP 10 30 Causes of Loss-Special Form property insurance, or its equivalent, covering
the full insurable replacement cost of Manager’s alterations, installations, or additions to the Golf
Course and Clubhouse, and Manager’s goods and merchandise, trade fixtures, furniture, signs,
decorations, furnishings, wall coverings, floor coverings, window coverings, equipment, and all
other items of personal property of Manager located on or within the Golf Course and Clubhouse.
Replacement cost means the cost to replace without deduction for depreciation. The deductible
amount may not exceed $5,000.
c. Manager’s Worker’s Compensation and Employer’s Liability Insurance. Manager
will procure and maintain throughout the term of this Agreement, at its own cost and expense, a
policy of worker’s compensation insurance at statutory limits, and employer’s liability insurance
with policy limits not less than $1,000,000 each accident, $1,000,000 each employee, and
$1,000,000 policy limit.
d. Manager’s Business Auto Liability Insurance. Manager will procure and maintain
throughout the term of this Agreement a policy of business automobile liability insurance
coverage for all of Manager’s owned, leased, or hired vehicles with policy limits of not less than
$1,000,000.
e. Umbrella/Excess Liability Insurance. Manager may provide for a portion of the
coverages for commercial general liability insurance and employer’s liability insurance by way of
an excess liability policy or an umbrella liability policy with at least as broad of coverage as
provided by the liability policies identified herein. The policies must be written on an occurrence
basis and have the same inception date. Manager will obtain a per location aggregate limit
endorsement with respect to the commercial general liability coverage.
f. Manager’s Proof of Insurance. Proof of insurance for all policies will be deposited
with the City at commencement of the term by providing to the City certificates of insurance,
copies of declaration pages, the schedule of forms and values, and all endorsements issued by
Edgebrook Golf Course Clubhouse & Driving Range Management Agreement
City of Brookings / Moen Management
6
4896-6975-8845, v. 1
Manager’s insurance carriers. At least 45 days prior to the expiration of any policy, Manager will
provide the City with proof or renewal of each insurance policy, a copy of the declarations page,
and copies of all endorsements providing additional coverages. At the City’s request, Manager will
provide to the City certified copies of all insurance policies.
g. Notification of Cancellation. All of Manager’s insurance policies must not be
subject to cancellation or non-renewal, except after at least 30 days’ prior written notice to the
City by the insurance carriers; and if the insurance carriers are unable or unwilling to provide such
notice to the City, then Manager must provide such notices prior to the cancellation or non-
renewal of any Manager policies of insurance required by this Agreement. If the insurance carriers
are willing to provide written notice of cancellation or non-renewal, proof of compliance with this
requirement must be provided by endorsements issued by Manager’s insurance carriers. In
addition, Manager will provide to the City within 10 days of the effective date of any modification
to the terms of a policy, a notice of modification of any of the policies required of Manager herein.
h. The City’s Additional Insured Status. The City, the City’s managers, officials,
employees, agents, and representatives must be added as additional insureds with respect to
Manager’s commercial general liability insurance. Proof of compliance of this requirement must
be provided by a written endorsement issued by each of Manager’s insurance carriers.
i. Manager’s Cross Liability Coverage. If Manager’s liability policies do not contain
the standard ISO separation of insureds provision, or a substantially similar clause, they must be
endorsed to provide cross-liability coverage.
j. The City’s Right to Purchase Insurance at Manager’s Expense. If Manager fails to
comply with the requirements of this Section upon 10 days’ prior written notice, the City may
obtain the insurance and keep the same in effect, and Manager will, upon demand, pay the City
the premium cost thereof.
XI. INDEMNIFICATION
Under no circumstances will the City be liable for any act, omission, debt, or other obligation of
Manager or Manager’s employees, agents, invitees, licensees, or other persons involved, directly or
indirectly, in Manager’s performance of its services (“Manager Parties”). Manager will defend,
indemnify, and hold harmless the City, its managers, officials, employees, agents, and representatives
from (“City Indemnitees”) from and against any and all claims, liabilities, losses, causes of action, costs,
and expenses (including attorneys’ fees and expenses and applicable sales taxes) asserted against,
imposed upon, or incurred by any of the City Indemnitees arising out of or related to the Contractor
Parties’ negligence, acts, errors, omissions, or misconduct in the performance of or failure to perform
the obligations under this Agreement.
XII. TERMINATION
Manager or the City may terminate this Agreement with 60 days' written notice (or 90 days if given
between January 1 and August 31). The City reserves the right to terminate the Agreement without
notice for any breach of this Agreement.
Edgebrook Golf Course Clubhouse & Driving Range Management Agreement
City of Brookings / Moen Management
7
4896-6975-8845, v. 1
Upon termination, Manager must:
• Return all City property and equipment.
• Provide access to all social media platforms and email lists
• Provide a final accounting of any outstanding credits, gift certificates, or related items.
• Provide a list of current vendors and sponsors with contact information.
• Ensure that the premises are left clean and free of personal property.
XIII. MICELLANEOUS PROVISIONS
1. Communication and Notices. Communications by and between the parties concerning this
Agreement will be Gary Moen for Manager, and the Director of Parks, Recreation & Forestry for
the City.
2. Severability. The provisions of this Agreement will be deemed severable. If any part of this
Agreement is held to be invalid, illegal, or unenforceable, the remainder of this Agreement will
remain fully enforceable and in effect as written or subsequently amended.
3. Breach of contract; remedy process. In the event either party believes the other party is in
default of a material violation of any portion of this Agreement, the aggrieved party shall serve
notice to the other party as identified of such breach, and within ten (10) days both parties
agree to meet and work to resolve such matter. Unresolved matters will be referred to the City
Manager for attempted resolution.
4. Governing Law. This Agreement will be governed by and construed in accordance with the laws
of the State of South Dakota, without regard to its conflict of laws principles. Any action or
proceeding arising out of or relating to this Agreement must be brought exclusively in the courts
located in Brookings County, South Dakota, and each party hereby consents to the jurisdiction
and venue of such courts.
5. Authorization. Each party represents, covenants, and warrants that the making and execution of
this Agreement and all other documents and instruments required or related hereunder have
been fully authorized by the necessary corporate action of each such party and are valid,
binding, and enforceable obligations of each party in accordance with the respective terms.
6. Entire Agreement. Only those terms in writing are enforceable. No other terms or oral promises
not contained in this Agreement may be legally enforced and the parties hereto may change the
terms only by another written agreement or amendment.
7. Assignment/Transferability. This Agreement will only be assignable to another party upon the
consent of the original parties and such assignment must be agreed to in writing as an
amendment.
8. Headings. The headings contained in this Agreement are for convenience only and will not be
used to interpret or construe its provisions.
9. Binding effect. This Agreement will be binding upon and inure to the benefit of the parties
hereto and their successors and assigns.
10. Waiver. The waiver by either party of a breach or violation of any provision of this Agreement
will not operate as or be construed to be a waiver of any subsequent breach.
11. Counterpart Signatures. This Agreement may be executed in one or more counterparts, each of
which will be deemed to be an original but all of which, when taken together, will be one and the
same document. Counterparts may be signed and delivered via electronic mail (including by .pdf,
.tif, .gif, .jpeg, or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g.,
www.docusign.com) and any counterpart so delivered will be deemed to have been duly and validly
delivered and be valid and effective for all purposes.
Edgebrook Golf Course Clubhouse & Driving Range Management Agreement
City of Brookings / Moen Management
8
4896-6975-8845, v. 1
[signatures on following page]
Edgebrook Golf Course Clubhouse & Driving Range Management Agreement
City of Brookings / Moen Management
9
4896-6975-8845, v. 1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date
above.
CITY OF BROOKINGS: MANAGER:
By: Paul Briseno, City Manager Gary Moen
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-107,Version:1
Action on Resolution 25-107, a Resolution authorizing Change Order No. 1 for 2025-08STI Asphalt
Maintenance Project; Bowes Construction, Inc.
Summary:
Staff recommends approval of the proposed Resolution to close out the 2025-08STI Asphalt
Maintenance Project with Bowes Construction, Inc.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 12/11/2025Page 1 of 1
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City Council Agenda Item Memo
From: Charlie Richter, City Engineer
Council Meeting: December 16, 2025
Subject: Resolution 25-107: Change Order #1 for Project 2025-
08STI, Asphalt Maintenance Project
Person(s) Responsible: Charlie Richter, City Engineer
Summary and Staff Recommendation:
Staff recommends approval of the proposed Resolution to close out the 2025 -08STI
Asphalt Maintenance Project with Bowes Construction, Inc. This increases the contract
by $194,628.94 for the addition of paving Main Avenue South, new pavement markings,
and additional utility work. The adjusted overall contract amount of $2,149,271.09 is
within budget.
Item Details:
The 2025-08STI Asphalt Maintenance Project is the annual street maintenance contract
for the rehabilitation of various asphalt streets throughout the City of Brookings. This
project is now complete. The proposed resolution is the final balancing change order
for the project which increases the contract awarded to Bowes Construction, Inc. in the
amount of $194,628.94 (9.9%). The increased amount is for the additional paving on
Main Avenue South at 12th Street South, new pavement markings on 17th Avenue, and
additional utility work on 3rd Avenue.
The 2025-08STI Asphalt Maintenance contract with Bowes Construction, Inc. will be
adjusted to account for the measured as-built quantities as follows:
Original Contract Amount $1,954,642.15
Change Order #1 $ 194,628.94
Adjusted Contract Amount $2,149,271.09
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of life by
strategically planning, implementing and maintaining infrastructure and facilities.
Financial Consideration:
Sufficient appropriations exist in the amended Fiscal Year Budget in Fund 213 Capital
Projects. Costs associated with water and sanitary work will be reimbursed by
Brookings Municipal Utilities.
Supporting Documentation:
Resolution
Map
RESOLUTION 25-107
RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR
PROJECT 2025-08STI: ASPHALT MAINTENANCE PROJECT
WHEREAS, the City of Brookings opened bids for the 2025-08STI Asphalt Maintenance
Project on Tuesday, April 15, 2025 at 1:30 pm at the Brookings City and County
Government Center; and
WHEREAS, the City of Brookings awarded Bowes Construction, Inc. the contract for
2025-08STI Asphalt Maintenance project for their low bid of $1,954,642.15 at the April
22, 2025 City Council Meeting.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That Change Order 1 totaling $194,628.94 for additional work be approved; and
2. The City Manager is authorized to sign the change order.
Passed and Approved this 16th day of December, 2025.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
RFOX RACEGRAND ARWHITET
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 25-046,Version:1
Introduction and First Reading on Ordinance 25-046, an Ordinance Pertaining to a Conditional Use
Permit to Establish a Concrete, Asphalt and Rock Crushing Facility in an Industrial I-1 Light District
(21625 471st Avenue). Public Hearing and Action: January 13, 2026.
Summary and Recommended Action:
Austreim Investments, LLC has applied for a Conditional Use Permit to operate a concrete, asphalt
and rock crushing facility in the Industrial I-1 Light District. The Planning Commission voted 9-0
recommending approval of the Conditional Use Permit. The Development Review Team supports the
recommendation.
Attachments:
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Conditional Use Permit Application
Location Map
Zoning Map
Site Plan
Traffic/Dust Plan
City of Brookings Printed on 12/11/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bailey Maca, Associate Planner
City Council Meeting(s): December 16, 2025 / January 13, 2026
Subject: Ordinance 25-046: Conditional Use Permit – Concrete,
Asphalt and Rock Crushing Facility – 21625 471st Ave
Presenter Mike Struck, Community Development Director
Summary and Recommended Action:
Austreim Investments, LLC has applied for a Conditional Use Permit to operate a
concrete, asphalt, and rock crushing facility in the Industrial I-1 Light District. The
Planning Commission voted 9-0, recommending approval of the conditional use permit.
The Development Review Team recommends approval.
Item Details:
The applicant currently operates a concrete, asphalt, and rock crushing facility located
at 21625 471st Avenue. The operation has been ongoing prior to the adoption of
Ordinance 25-015, which now requires a Conditional Use Permit for such activities. To
comply with the updated ordinance, the applicant is seeking a Conditional Use Permit.
The property is zoned Industrial I-1 Light, where concrete, asphalt, and rock crushing
operations are permitted contingent upon approval of a Conditional Use Permit.
Additionally, the following conditions must be met:
All concrete, asphalt and rock crushing facilities shall be located at least 300 feet
from any non-industrial or non-agriculture zoned district boundary line.
The crusher(s) and stockpiles of material shall be setback a minimum of 100 feet
from the property line and/or right-of-way line.
Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. Monday through
Saturday when abutting agriculture or industrial zoned properties and 8:00 a.m.
to 5:00 p.m. Monday through Friday when abutting properties zoned other than
agriculture or industrial.
The use shall be conducted, operated and maintained in accordance with any
necessary local, state and federal permits, copies of which shall be provided to
and maintained on file in the community development department.
The following shall be provided with an application for a conditional use permit:
A site plan drawn to scale showing the location of buildings; areas of outdoor
processing and storage; fences, walls, landscaping and screening vegetation;
and the location of any stream, river, lake, wetland and m ajor topographical
feature within 300 feet of the site.
A dust management plan describing dust emission sources, their quantity and
composition, and indicating conformance with all applicable air quality
regulations.
A drainage plan for stormwater manageme nt and runoff indicating conformance
with all applicable stormwater regulations.
A traffic plan describing the number of truck/vehicle trips the proposal will
generate and the principal access routes to the facility including a description of
the facility's traffic impact on the surrounding area.
Traffic management will be minimal, as this operation is not expected to generate any
additional road traffic. Dust control will consist of keeping all surrounding crushing
areas moist and, therefore, minimizing dust emissions. If weather becomes a factor,
and the operators are unable to control dust from traveling to neighboring dwellings,
they will postpone the operation until a more favorable weather day.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
None.
Supporting Documentation:
Ordinance
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Conditional Use Permit Application
Location Map
Zoning Map
Site Plan
Traffic/Dust Plan
ORDINANCE 25-046
AN ORDIANCE PERTAINING TO AN APPLICATION FOR A CONDITIONAL USE
PERMIT TO ESTABLISH A CONCRETE, ASPHALT AND ROCK CRUSHING
FACILITY IN AN INDUSTRIAL I-1 LIGHT DISTRICT.
BE IT ORDAINED by the City of Brookings, South Dakota:
SECTION 1. That said Conditional Use Permit shall be approved for a Concrete,
Asphalt and Rock Crushing Facility in the Northeast ¼ of the Northeast ¼, Except Lot
H-1 and except that part lying East and North of Lot H-1 thereof in Section 14, Township
109 North, Range 50 West, Brookings County, South Dakota, also known as 21625
471st Avenue.
SECTION 2. That said application for a conditional use permit satisfies the requirements
as described in Sec. 94-264.7 of Chapter 94, Article V, Division 3 of the City of
Brookings, South Dakota.
SECTION 3. That all sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: December 16, 2025
SECOND READING AND ADOPTION: January 13, 2026
PUBLISHED: January 16, 2026
CITY OF BROOKINGS, SD
__________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON APPLICATION FOR CONDITIONAL USE PERMIT
NOTICE IS HEREBY GIVEN that Austreim Investments, LLC has submitted an
application for a Conditional Use Permit on the following described real estate in the
City of Brookings to wit:
NE ¼ NE ¼ EXC H-1 & THAT PT E & N OF H-1 SEC 14-109-50, also known as
21625 471st Ave. The request is for a concrete, asphalt and rock crushing facility
use in the Industrial I-1 Light District.
NOTICE IS FURTHER GIVEN that said request will be acted on by City Council
at 6:00 PM on Tuesday, January 13, 2026, in the Chambers Room on the third floor of
the Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard on this matter.
Dated this 30th day of December, 2025.
Bonnie Foster
City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON APPLICATION FOR CONDITIONAL USE PERMIT
NOTICE IS HEREBY GIVEN that Austreim Investments, LLC has submitted an
application for a Conditional Use Permit on the following described real estate in the
City of Brookings:
NE ¼ NE ¼ EXC H-1 & THAT PT E & N OF H-1 SEC 14-109-50, also known as
21625 471st Ave. The request is for a concrete, asphalt and rock crushing facility
use in the Industrial I-1 Light District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on December 2, 2025, in the Chambers Room on the third floor
of the Brookings City & County Government Center at 520 Third Street, Brookings,
South Dakota. Any action taken by the Planning Commission is a recommendation
made to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 18th day of November, 2025.
Bailey Maca
Associate Planner
Planning Commission
Brookings, South Dakota
December 2, 2025
OFFICIAL MINUTES
Item #5b – Austreim Investments, LLC has applied for a Conditional Use Permit to operate a concrete,
asphalt and rock crushing facility at 21625 471st Ave. Staff recommends approval.
(Limmer/Hinrichs) Motion to approve the conditional use permit. All present voted aye. MOTION
CARRIED.
OFFICIAL SUMMARY
Item #5b – Austreim Investments, LLC has applied for a Conditional Use Permit to operate a concrete,
asphalt and rock crushing facility The applicant currently operates a concrete, asphalt, and rock
crushing facilit y located at 21625 471st Avenue. The operation has been ongoing prior to the adoption
of Ordinance 25-015, which now requires a Conditional Use Permit for such activities. The property is
zoned Industrial I-1 Light, where concrete, asphalt, and rock crushing operations are permitted
contingent upon approval of a Conditional Use Permit. Traffic management will be insignificant as this
operation will not generate any extra road traffic. Dust control will consist of keeping all surrounding
crushing areas moist and therefore minimizing dust emissions. If weather becomes a factor, and the
operators are unable to control dust from traveling to neighboring dwellings, they will postpone the
operation until a more favorable weather day.
Austreim explained that this is an existing operation that he is seeking the conditional use permit to
comply with the new ordinance and none of the activities have changed. Aiken requested traffic
counts. Austreim estimated between 10 and 30 trucks per day when in use. Porter asked for details of
the dust control requirements and estimated that there were more than 10 trucks per day during
operation. Miller explained that dust control is required per ordinance and operations would need to
cease if dust could not be controlled due to weather conditions. Hinrichs asked how Austriem would
communicate the need for dust control with the neighbors. Miller explained that there is not a
requirement to notify the neighbors of dates of operation, but the owner would need to communicate
with the crushers on site if they would need to halt operations due to dust control. Welbig said that the
dust control was his primary concern in addition to truck traffic abiding by the speed limit. Struck
asked for the applicant to explain the operations. Austreim said that the equipment does have
integrated sprayers to reduce the amount of dust generated. He has historically used a company that
preferred to not use the sprayers. However, he will be hiring a new company in the future because that
company no longer performs rock and concrete crushing. Schmeichel inquired what recourse the
neighbors have if there is a dust problem. Struck explained that they can call the city who could
potentially shut down the operation. Jamison asked if there was an existing measurable method for the
dust control. Struck said that in the past, the state has sent an inspector who can perform testing and the
city will defer any licensing to the state and federal requirements.
Location Map
660 ft
Overview
Zoning Map
400 ft
Overview
November 24, 2025
To Whom It May Concern:
As to the matter of my request to allow for the crushing of concrete on my property located at
21625 471st Ave., Brookings, SD 57006. I, Andrew Austreim, submit the following plan:
1. Traffic management will be insignificant as this operation will not generate any extra
road traffic and therefore this is a moot point.
2. Dust control will consist of keeping all surrounding crushing areas moist and therefore
minimizing dust emissions. If weather becomes a factor, and we are unable to control
dust from traveling to neighboring dwellings, we can postpone the operation until a
more favorable weather day.
Respectfully Submitted,
Andrew Austreim
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 25-042,Version:2
Second Reading and Action on Ordinance 25-042, an Ordinance Authorizing Budget Amendment No.
9 to the 2025 Budget.
Summary and Recommended Action:
Staff recommends approval of this budget amendment to reflect new revenues and corresponding
expenditures in the 2025 budget, as well as an allocation of General Fund reserves for ancillary costs
related to a previously approved capital purchase.
Attachments:
Memo
Ordinance
City of Brookings Printed on 12/11/2025Page 1 of 1
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City Council Agenda Item Memo
From: Ashley Rentsch, Finance Director
Council Meeting: December 9, 2025 / December 16, 2025
Subject: Ordinance 25-042: Amendment No. 9 to the 2025 Budget
Presenter: Ashley Rentsch, Finance Director
Summary and Recommended Action:
Staff recommends approval of this budget amendment to reflect new revenues and
corresponding expenditures in the 2025 budget, as well as an allocation of General
Fund reserves for ancillary costs related to a previously approved c apital purchase.
Item Details:
This amendment includes the following components:
1. Fire Insurance Premium Reversion - $54,254
The State of South Dakota collects a 1% fee on fire insurance premiums and
disburses these funds to counties for distribution to fire departments. Historically,
the City has used this funding to support the volunteer firefighter retirement plan.
This amendment recognizes the increased revenue of $54,254 and
corresponding expenditure for the same amount.
2. South Dakota Community Foundation Pass-Through Grant - $20,000
The City received a grant from the South Dakota Community Foundation in the
amount of $20,000 to be passed through to the Brookings Area Chamber of
Commerce. This amendment recognizes both the grant revenue and the related
expenditure.
3. Ancillary Costs for Downtown Parking Lot Acquisition $45,500
The City previously identified the acquisition of a downtown parking lot as a
purchase to be funded by the City Council Financial Policy Projects Fund
(Unassigned General Fund Reserves). This amendment allocates $45,500 from
General Fund reserves to cover environmental testing, rental fees, and other
administrative and closing costs associated with the acquisition. These
expenses are in addition to the property purchase previously approved by the
Council.
Legal Consideration:
Per SDCL 9-21-7, municipalities may adopt supplemental appropriations when
additional revenues or reserves are available to fund unforeseen expenditures.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Financial Consideration:
This ordinance authorizes the following adjustments to the 2025 budget:
Increase of $54,254 in both revenue and expenditure for the Fire Insurance
Premium Reversion.
Increase of $20,000 in both revenue and expenditure for the South Dakota
Community Foundation pass-through grant.
Allocation of $45,500 from General Fund reserves to cover ancillary costs
associated with the downtown parking lot acquisition.
Supporting Documentation:
Ordinance
ORDINANCE 25-042
AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 9
TO THE 2025 BUDGET
BE IT ORDAINED by the City of Brookings, South Dakota:
WHEREAS, State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit
supplemental appropriations provided there are sufficient funds and revenues available
to pay the appropriation when it comes due.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager be
authorized to make the following budget adjustments to the 2025 budget:
Fund/Dept. Budgetary Account Account Description Budget Increase
Amount
General Fund/Fire 101-422-4-335-06 Fire Insurance Premium $54,254
General Fund/Fire 101-422-5-421-10 Retirement/Volunteer $54,254
General Fund/Subsidies 101-495-4-669-02 Miscellaneous Income $20,000
General Fund/Subsidies 101-495-5-466-01 Economic Incentive Grant $20,000
General Fund/Subsidies 101-495-5-856-68 Other $45,500
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: December 9, 2025
SECOND READING: December 16, 2025
PUBLISHED: December 19, 2025
CITY OF BROOKINGS, SD
_______________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_______________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-098,Version:1
Public Hearing and Action on Resolution 25-098, a Resolution of Intent to Lease Real Property just
west of the Brookings Regional Airport.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution to allow the City to award the bid and enter
into a lease agreement with David Berndt for the City Hay Lease in Section 11-T109N-R50W for
2026 with the option to extend for 2 additional 1-year terms for 2027 and 2028.
Attachments:
Memo
Resolution
Notice
Map
City of Brookings Printed on 12/12/2025Page 1 of 1
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City Council Agenda Item Memo
From: Lucas Dahl, Airport Manager
Council Meeting: December 16, 2025
Subject: Resolution 25-098: Intent to Lease Real Property to David
Berndt, for 85 acres of public land for agricultural haying in
the Southeast ¼ of Section 21-T110N-R50W
Presenter: Lucas Dahl, Airport Manager
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution to allow the City to award the
bid and enter into a lease agreement with David Berndt for the City Hay Lease in
Section 21-T110N-R50W for 2026 for $125.50 per acre, with the option to extend for 2
additional 1-year terms for 2027 and 2028.
Item Details:
The City owns 85 acres in the Southeast Quarter of Section 21-T110N-R50W, which is
located west of the Brookings Regional Airport. The City leases the property for haying
operations which provides for extra income for the Airport as well as invasive weed
control.
A bid letting was held on Tuesday, December 2, 2025 at 1:30 pm at the City & County
Government Center and the following bids were received:
David Berndt $125.50 per acre
Eric Werre $121.00 per acre
Caleb VanSickle $100.00 per acre
Daniel Bauer $35.00 per acre
Mr. Berndt’s high bid of $125.50 per acre is $16.00 less than the current lease. The
new hay lease will be for a one (1)-year term, expiring on December 31, 2026. The
lease includes an option to extend for up to two (2) additional one (1 )-year terms,
covering 2027 and 2028, subject to mutual agreement between the City and the lessee.
If the extension options are exercised, the per-acre rate will increase by 2% annually
beginning in 2027.
Notice of Public Hearing for this resolution was published on December 5, 2025.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
The City will enter into a 1-year lease with David Berndt for the high bid of $125.50 per
acre for 85 acres resulting in revenue of $10,667.50 for fund 606 Airport, account 606-
000-4-848-12.
If an extension is agreed upon revenue for the additional years will be:
2027 - $10,880.85 at $128.01/acre
2028 - $11,098.47 at $130.57/acre
Supporting Documentation:
Resolution
Notice
Map
RESOLUTION 25-098
RESOLUTION OF INTENT TO LEASE REAL PROPERTY
WHEREAS, the City of Brookings owns 85 acres of designated hay land in Section 21-
T110N-R50W, in the City of Brookings, Brookings County, South Dakota; and
WHEREAS, the City of Brookings intends to award a lease agreement with David
Berndt for a period of 1-year, commencing on January 1, 2026 and ending December
31, 2026, having the option to extend this Lease for 2 additional 1-year terms in 2027
and 2028; and
WHEREAS, the lessee will pay the City $125.50 per acre for the hay land, totaling
$10,667.50 annually, with the first half payable on July 1st of each year and the second
half payable on November 1st of each year; and
WHEREAS, a Public Hearing on this Resolution was held on December 16, 2025 at
6:00 p.m. in the Chambers at the Brookings City and County Government Center and
all persons were given an opportunity to be heard on the intent t o lease real property.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, as follows:
A. The City of Brookings will enter into a lease agreement with David Berndt as set
forth above; and
B. The City Manager or his designee is authorized to execute a new lease
agreement in accordance with this Resolution.
Passed and Approved this 16th of December, 2025.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_______________________________
Bonnie Foster, City Clerk
Notice of Public Hearing On Adoption of Resolution Of Intent To Lease Real
Property at Section 21-T110N-R0W (west of Brookings Regional Airport).
Notice Is Hereby given that on Tuesday, December 16, 2025 at 6:00 o’clock
P.M., the Brookings City Council will hold a public hearing in the Chambers,
Brookings City and Government Center, 520 3rd Street, Brookings, South Dakota,
on Resolution of Intent to Lease to David Berndt the following property:
85 acres of public land for agricultural haying, in Section 21-T110N-R0W
(located west of the Brookings Regional Airport) in the City of Brookings,
Brookings County, South Dakota.
At the time and place affixed for said public hearing, all who appear will be given
an opportunity to express their views for or against the proposal to lease the
above-described property.
Dated this 5th day of December, 2025.
Bonnie Foster, City Clerk
Published ___ time(s) at an approximate cost $___________.
If you require assistance, alternative formats and/or accessible locations consistent with the
Americans with Disabilities Act, please contact the City ADA Coordinator at 692 -6281 at least 48
hours prior to the meeting.
W 16 TH A V E 10THST WW 2 8 T H A V EW 2 8TH AVE W 6TH STW 6TH ST212TH STAttachment "A"
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-093,Version:1
Public Hearing and Action on Resolution 25-093, a Resolution authorizing the City Manager to enter
into a 10-year On-Sale Wine Operating Agreement with Commonwealth Gaming & Holdings, Co.,
Inc., dba Deuces Casino, Suite 105D.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution authorizing the City Manager to enter into a
10-year On-Sale Wine Operating Agreement, with a 5-year mid-term renewal,Commonwealth
Gaming & Holdings, Co., Inc., dba Deuces Casino, Suite 105D, Bryant Solberg and Kirby
Muilenburg, owners.
Location: 223 6th St., Suite 105D
Legal Description: South 114 feet of the West 69.3 feet of Lot 20, and South 114 feet of Lot 21, Block
3, Henry Addition, Suite 105D
Attachments:
Resolution
Operating Agreement
Location Map
Legal Notice
City of Brookings Printed on 12/12/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: December 16, 2025
Subject: Resolution 25-093: Wine Operating Agreement, 10-year
Agreement – Commonwealth Gaming & Holdings, Co., Inc.,
dba Deuces Casino, Suite 105D
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution authorizing the City Manager to
enter into a 10-year On-Sale Wine Operating Agreement for Commonwealth Gaming &
Holdings, Co., Inc., dba Deuces Casino, Suite 105D, with a 5-year mid-term renewal.
Item Details:
Owners Bryant Soberg and Kirby Muilenburg, Commonwealth Gaming & Holdings, Co.,
Inc., dba Deuces Casino, have applied for an On-Off Sale Wine License for Suite 105D.
Location: 223 6th Street, Suite 105D
Legal Description: South 114 feet of West 69.3 feet of Lot 20, and South 114 feet of Lot
21, Block 3, Henry Addition, Suite 105D
The City of Brookings enters into On-Sale Wine Operating Agreements for a 10-year
period, with a mid-term renewal at five years. This Resolution would allow the City
Manager to enter into the 10-year agreement. This license would be effective upon SD
Department of Revenue approval and license issuance, and subject to an annual
renewal.
A public hearing and action by the local governing body is required to approve all
alcoholic beverage licenses.
Legal Consideration:
None.
Strategic Plan Consideration:
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Financial Consideration:
License Fee: $500, payable to the City of Brookings
Supporting Documentation:
Resolution
Operating Agreement
Location Map
Legal Notice
RESOLUTION 25-093
ON-SALE WINE OPERATING AGREEMENT – 10-YEAR AGREEMENT
Commonwealth Gaming & Holdings, Co., Inc., dba Deuces Casino, Suite 105D
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves an Operating Alcohol Management Agreement for Wine between the City of
Brookings and owners Bryant Soberg and Kirby Muilenburg, Commonwealth Gaming &
Holdings, Co., Inc., dba Deuces Casino, Suite 105D, for the purpose of an alcohol
manager to operate the on-sale establishment or business for and on behalf of the City
of Brookings at 223 6th Street, Suite 105D. Legal description: South 114 feet of the
West 69.3 feet of Lot 20, and South 114 feet of Lot 21, Block 3, Henry Addition , City of
Brookings, Brookings County, South Dakota.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be
authorized to execute the Agreement on behalf of the City, which shall be for a period of
10-years, with a 5-year mid-term renewal.
Passed and Approved this 16th day of December, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
ON-SALE WINE OPERATING AGREEMENT – 10-year agreement
Commonwealth Gaming & Holdings, Co., Inc., dba Deuces Casino, Suite 105D
THIS AGREEMENT is made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred
to as the “City” and owners Bryant Soberg and Kirby Muilenburg, Commonwealth
Gaming & Holdings, Co., Inc., dba Deuces Casino, Suite 105D, hereinafter referred to
as “Manager.” The City and Manager are referred to as the “parties” herein.
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on -sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance
with all of the terms and conditions of this Agreement, and in accordance with all State
laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on -sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real property in the City of Brookings,
South Dakota, described as:
South 114 feet of the West 69.3 feet of Lot 20, and South 114 feet of Lot 21,
Block 3, Henry Addition, Suite 105D, City of Brookings, Brookings County, South
Dakota
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale establishment.
V.
This Agreement constitutes a new Operating Agreement and shall be in full force and
effect for a period of 10 years, with a 5-year mid-term renewal.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol-related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off -Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
VIII.
The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by
the City to the Manager for resale on the above-described premises, the actual cost of
distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of
such cost; the Manager shall pay to the City for all malt beverages sold by the City to
the Manager for resale on the above-described premises, the actual cost of malt
beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include
cost price and transportation charges. The markup percentages provided in this
Agreement are subject to change by the City of Brookings. In the event markup
percentages are changed by Ordinance, then the markup percentages provided by City
Ordinance shall supercede the markup percentages provided herein. The Manager
further agrees that if either of the markup percentages shall be increased at any time by
the City, the Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on -sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off -sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City which are eligible to be returned, and to receive in return any deposit
made for such alcoholic beverages; in the event of termination of the business, all
unused alcoholic beverages, which may be resold without discount may be returned to
the City and the Manager shall be reimbursed for the cost of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
XVII.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIX.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is
effective this 16th day of December, 2025.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST: Paul Briseno, City Manager
Bonnie Foster, City Clerk
MANAGER
By:
By:
PUBLIC HEARING
SALE OF ALCOHOLIC BEVERAGES
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, December 16, 2025, in the Brookings
City & County Government Center, 520 Third Street, to consider a new On-Off Sale
Wine License and Operating Agreement for Commonwealth Gaming & Holdings Co.,
Inc., dba Deuces Casino, Suite 105D, 223 6th Street, Suite 105D, to operate within the
City of Brookings, South Dakota. Legal Description: South 114 feet of West 29.3 feet
of Lot 20, and South 114 feet of lot 21, Block 3, Henry Addition, Suite 105D. At which
time and place all persons interested will be given a full, fair and complete hearing
thereon.
Dated at Brookings, South Dakota, this 5th day of December, 2025.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost: $ .
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-094,Version:1
Public Hearing and Action on Resolution 25-094, a Resolution to Annex Block 1 Mills Third Addition in
the Northwest Quarter of Section 6, Township 109 North, Range 49 West, Excluding Lots H-1 and H-
2 in Brookings County, South Dakota.
Summary and Recommended Action:
Access Holdings LLC has submitted a petition for annexation of Block 1 in Mills Third Addition in the
Northwest Quarter of Section 6, Township 109 North, Range 49 West, excluding Lot H1 and H2. The
property is generally located southwest of the 20th Street exit onto Interstate 29. The Planning
Commission voted 9-0 recommending approval of the annexation. The Development Review Team is
supportive of the request.
Attachments:
Memo
Resolution
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Location Map
Petition for Annexation
Annexation Priority Map
City of Brookings Printed on 12/12/2025Page 1 of 1
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City Council Agenda Item Memo
From: Ryan Miller, City Planner
City Council Meeting: December 16, 2025
Subject: Resolution 25-094: Annexation of Block 1 Mills Third
Addition in the Northwest Quarter of Section 6, Township
109 North, Range 49 West, Excluding Lot H-1 and H-2 in
Brookings County, South Dakota.
Presenter: Mike Struck, Community Development Director
Summary and Recommended Action:
Access Holdings LLC has submitted a petition for annexation of Block 1 in Mills Third
Addition in the Northwest Quarter of Section 6, Township 109 North, Range 49 West,
excluding Lot H1 and H2. The property is generally located southwest of the 20th Street
exit onto Interstate 29. The Planning Commission voted 9-0 recommending approval of
the annexation. The Development Review Team is supportive of the request.
Item Details:
South Dakota Codified Law 9-4 describes the annexation process. The governing body
of a municipality, upon receipt of a written petition describing the boundaries of any
territory contiguous to that municipality sought to be annexed to that municipality, may
by resolution include such territory or any part thereof within such municipality if the
petition is signed by not less than three-fourths of the registered voters and by the
owners of not less than three-fourths of the value of the territory sough to be annexed to
the municipality.
The single parcel for annexation is 3.10 acres in size and is contiguous to City limits
along the western and southern sides of the property. The area is located in a phase
two annexation priority area, indicating that it is intended for annexation as development
reaches the area. Water service is available to the site. Sewer service is not currently
available and will require a lift station. Access to the parcel will be controlled by the
Department of Transportation.
A subsequent rezone to a Business B-2 District will be proposed by the owner. The
area is located in an Urban High Intensity future land use category supporting a
potential B-2 rezone. There are no floodplain issues.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
None.
Supporting Documentation:
Resolution
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Location Map
Petition for Annexation
Annexation Priority Map
Prepared by:
City of Brookings
Community Development Dept.
520 3rd St. Suite 140
Brookings, SD 57006
RESOLUTION 25-094
RESOLUTION TO ANNEX BLOCK 1 MILLS THIRD ADDITION IN THE
NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 109 NORTH, RANGE
49 WEST, EXCLUDING LOT H-1 AND H-2 IN BROOKINGS COUNTY, SOUTH
DAKOTA
WHEREAS, the City of Brookings is authorized pursuant to South Dakota Codified Law 9-
4-1 to annex contiguous territory upon receipt of a written petition, describing said territory
sought to be annexed, signed by not less than three-fourths (3/4) of the legal voters and by
the owner or owners of not less than three-fourths (3/4) of the value of said territory; and
WHEREAS, the City of Brookings has received a Petition for Annexation on the following
described property, to wit: Block 1 Mills Third Addition in the Northwest Quarter of Section
6, Township 109 North, Range 49 West, Excluding Lot H-1 and H-2 in Brookings
County, South Dakota; and
WHEREAS, the aforementioned land is contiguous to the present boundaries of the City of
Brookings; and
WHEREAS, the City of Brookings has received a Petition for Annexation of Territory
signed by the owners of greater than three-fourths (3/4) of the value of the aforementioned
property and greater than three-fourths (3/4) of the legal voters residing in said territory;
and
NOW THEREFORE, BE IT RESOLVED by the City of Brookings, South Dakota, that the
property described above is hereby annexed to the City of Brookings.
Passed and Approved this 16th day of December, 2025.
CITY OF BROOKINGS, SD
___________________________
Oepke G. Niemeyer, Mayor
ATTEST:
______________________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING UPON A PETITION FOR ANNEXATION
NOTICE IS HEREBY GIVEN That Access Holdings LLC has submitted a petition
for annexation of the following described real estate situated in Brookings County, South
Dakota, to wit:
Block 1 of Mills Third Addition in the NW ¼ Excluding H1 & H2 thereof in
Section 6-109-49.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council
at 6:00 PM on Tuesday, December 16, 2025, in the Chambers Room on the third floor of
the Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard on this matter.
Dated this 5th day of December, 2025.
Bonnie Foster
City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING UPON A PETITION FOR ANNEXATION
NOTICE IS HEREBY GIVEN That Access Holdings LLC has submitted a petition
for annexation of the following described real estate situated in Brookings County, South
Dakota, to wit:
Block 1 of Mills Third Addition in NW ¼ Excluding H1 & H2 thereof Section
6-109-49.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, December 2, 2025, in the Chambers Room on the
third floor of the Brookings City & County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the Planning Commission is a
recommendation to made to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 18th day of November, 2025.
Bailey Maca
Associate Planner
Planning Commission
Brookings, South Dakota
December 2, 2025
OFFICIAL MINUTES
Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday,
December 2, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Tanner Aiken, Emily Braun, Kyle Jamison, Scot
Leddy, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Billie Jo Hinrichs was present
via telephone. Also present were Community Development Director Michael Struck, City Planner
Ryan Miller and Associate Planner Bailey Maca. Also present were Andrew Austreim, Adam Porter
and Dennis Welbig from the public.
Item #5a – Access Holdings LLC has submitted a petition for annexation of Block 1 in Mills Third
Addition in the Northwest Quarter 6-109-49 excluding Lot H1 and H2. The property is generally
located southwest of the 20th Street exit onto Interstate 29. The Development Review Team is
supportive of the request.
(Limmer/Schmeichel) Motion to approve the annexation. All present voted aye. MOTION
CARRIED.
OFFICIAL SUMMARY
Item #5a – Access Holdings LLC has submitted a petition for annexation of Block 1 in Mills Third
Addition in the Northwest Quarter 6-109-49 excluding Lot H1 and H2. The property is generally
located southwest of the 20th Street exit onto Interstate 29. The single parcel for annexation is 3.10
acres in size and is contiguous to City limits along the western and southern sides of the property. The
area is located in a phase two annexation priority area, indicating that it is intended for annexation as
development reaches the area. Water service is available to the site. Sewer service is not currently
available and will require a lift station. Access to the parcel will be controlled by the Department of
Transportation. A subsequent rezone to a Business B-2 District will be proposed by the owner. The
area is located in an Urban High Intensity future land use category supporting a potential B-2 rezone.
There are no floodplain issues.
Location Map
Annexation Priority Map
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-097,Version:1
Action on Resolution 25-097, a Resolution Authorizing the Extension of an Agreement to Transfer
Real Property to the Brookings Economic Development Corporation for Economic Development
Purposes
Summary and Recommended Action:
In April 2023, the City of Brookings and its partners entered into a development agreement with Berry
Properties, LLC, also known as Millborn Seeds, Inc., for approximately 13.09 acres of real property.
The proposed Forbearance Agreement will extend the project timeline, providing Millborn additional
flexibility to advance a successful development consistent with the intent of the original agreement.
Staff respectfully recommends approval of the Forbearance Agreement.
Attachments:
Memo
Resolution
Location Map
Forbearance Agreement
City of Brookings Printed on 12/11/2025Page 1 of 1
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City Council Agenda Memo
From: Paul Briseno, City Manager
Council Meeting: December 16, 2025
Subject: Resolution 25-097: Millborn Seed Forbearance Agreement
Presenter: Vince Jones, City Attorney
Summary:
In April 2023, the City of Brookings and its partners entered into a development
agreement with Berry Properties, LLC, also known as Millborn Seeds, Inc., for
approximately 13.09 acres of real property. The proposed Forbearance Agreement will
extend the project timeline, providing Millborn additional flexibility to advance a
successful development consistent with the intent of the original agreement. Staff
respectfully recommends approval of the Forbearance Agreement.
Item Details:
In April 2023, the City of Brookings and its project partners entered into a Real Estate
Purchase and Property Development Agreement with Berry Properties, LLC and
Millborn Seeds, Inc., for approximately 13.09 acres of land. The developer’s vision is to
construct a “logistics and ag innovation ecosystem” which supports innovation and
strengthens the broader Brookings agricultural ecosystem. The property is commonly
referenced as the site located east of 32nd Avenue and north of the Highway 14 Bypass.
The real property described as Lot Three (3) in Block Ten (10) of Freeland Addition to
the City of Brookings, County of Brookings, State of South Dakota for the price of
$247,203 and other valuable considerations.
A Forbearance Agreement is being recommended by the City, our project partners, and
Millborn to formally extend certain timelines established in the original development
agreement. The proposed document also acknowledges the Brookings Regional
Growth Alliance as the successor in interest to the Brookings Economic Development
Corporation, ensuring continuity of rights and responsibilities under the agreement.
Approval of the Forbearance Agreement will provide Millborn and the other parties
additional time to evaluate and determine the most appropriate development approach
to fulfill the goals of the original agreement. Any future construction must support a
public purpose or an industrial development purpose, as required under SDCL 9-54-1.
Legal Consideration:
None
Strategic Plan Consideration:
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
Within the original agreement approximately 13.09 acres of real property was
transferred for the price of $247,203.
Supporting Documentation:
Resolution
Location Map
Forbearance Agreement
RESOLUTION 25-097
A RESOLUTION AUTHORIZING THE EXTENSION OF AN AGREEMENT TO
TRANSFER REAL PROPERTY TO THE BROOKINGS ECONOMIC DEVELOPMENT
CORPORATION FOR ECONOMIC DEVELOPMENT PURPOSES
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows:
WHEREAS, the Brookings Economic Development Corporation, Inc. desires to extend the
agreement to acquire the following described property:
Approximately 13.09 acres with the exact acreage to be determined by survey and
plat, generally described as:
Lot Three (3) in Block Ten (10) of Freeland Addition, an Addition to the City of
Brookings, County of Brookings, State of South Dakota; and
WHEREAS, the Developer’s overall plan, which was stipulated to and agreed with the
other Parties in the Development Agreement, was to develop a “logistics and ag innovation
ecosystem upon the above-described property”; and
WHEREAS, the Parties agree that Developers did not start construction by April 1, 202 5;
and
WHEREAS, the Parties wish to come to an agreement concerning development of the
Property; and
WHEREAS, it is in the best interests of the City of Brookings that the City provide its
economic development assistance in this matter to aid and assist with the completion of the
aforesaid transaction which will further economic development in the City of Brookings; and
WHEREAS, the City is authorized to enter into this transaction as an economic
development activity under the laws of the State of South Dakota.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the City intends to enter into the Forbearance Agreement Regarding Option
to Purchase; and
B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to
execute the required documents in accordance with this Resolution.
Passed and Approved this 16th day of December, 2025.
CITY OF BROOKINGS, SD
ATTEST:
Bonnie Foster, City Clerk
B rook ings County, SD
Developed by
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Forbearance Agreement Regarding Option to Purchase
This Forbearance Agreement (the “Agreement”) is entered into by and among the
Brookings Economic Development Corporation, a South Dakota nonprofit corporation
(“BEDC”), the City of Brookings, South Dakota (“City”), Berry Properties, LLC, a South
Dakota limited liability company (“Berry Properties”), Millborn Seeds, Inc., a South Dakota
corporation (“Millborn Seeds”), and Brookings Municipal Utilities (“BMU”). Berry Properties
and Millborn Seeds are collectively referred to herein as “Developers”. All the forementioned
are collectively referred to as the “Parties”.
Recitals
WHEREAS, the Parties previously entered into that certain Real Estate Purchase and
Property Development Agreement dated April 11, 2023 (the “Development Agreement”), along
with the City of Brookings, South Dakota (the “City”), and Brookings Municipal Utilities
(“BMU”), wherein the City and the BEDC agreed to sell to the Developers approximately 13.09
acres in a lot legally described as
Lot Three (3) in Block Ten (10) of Freeland Addition, an Addition to the City of
Brookings, County of Brookings, State of South Dakota.
the “Property”.
WHEREAS, the Developer’s overall plan, which was stipulated to and agreed with the
other Parties in the Development Agreement, was to develop a “logistics and ag innovation
ecosystem upon the above-described property.”
WHEREAS, Exhibit “B” to the Development Agreement was a statement of Restrictive
Covenants agreed to between the Parties (the “Restrictive Covenants”). Section 2 of the
Restrictive Covenants provides:
While Developers plan to start construction of the first facility (Phase One (1)
described above in Section 7) in the summer of 2023, if Developers do not start
construction by April 1, 2025, BEDC can purchase all of the real property
originally conveyed to Berry Properties, LLC pursuant to this Real Estate
Purchase and Property Development Agreement at the original purchase price
paid by Developers.
the “Option to Purchase”.
WHEREAS, the Parties agree that Developers did not start construction by April 1, 2025,
and BEDC may exercise the Option to Purchase described above, should it elect to do so.
WHEREAS, the Parties wish to come to an agreement concerning development of the
Property and the Option to Purchase.
4924-1887-8320, v. 1
NOW, THEREFORE, in consideration of the above recitals, the agreements set forth in
this Agreement, and other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the Parties, the following is agreed between the Parties:
1. Acknowledgment. The Parties acknowledge the recitals above are true and
correct and are made a part of this Agreement. Capitalized terms used and not defined in this
Agreement have the meanings assigned to such terms in the Development Agreement.
2. No Development Without Agreement. Following the Effective Date of this
Agreement, the Parties agree that Developers will not commence construction on the Property
without the prior consent and agreement of BEDC, which may be withheld in BEDC’s sole
discretion.
3. No Encumbrance; No Subordination. During the Negotiation Period, as defined
below, Developers will not use the Property as collateral for any loan, nor otherwise encumber
the Property. The Parties agree that during the Negotiation Period BEDC will not be required to
subordinate its Option to Purchase the Property or other rights set forth in the Restrictive
Covenants to any lender, unless the City consents to such subordination.
4. Limited Forbearance of Option to Purchase. The Parties agree that BEDC will not
exercise its Option to Purchase the Property for at least one year following the Effective Date of
this Agreement (the “Negotiation Period”).
5. Negotiations Regarding Development. During the Negotiation Period, and after
the Negotiation Period in BEDC’s sole discretion, BEDC and Developers will engage in
negotiations to determine what kind of construction and development would be sufficient, in
BEDC’s discretion, for BEDC to forego exercising its Option to Purchase the Property. The goal
of the construction and development must be to promote the advancement of a public purpose or
industrial development purpose as enumerated in SDCL § 9-54-1.
6. Exercise of Option. After the expiration of the Negotiation Period, in the event
the Parties are not able to reach an agreement concerning the construction and development to
take place on the Property, BEDC may exercise its Option to Purchase the Property.
Notwithstanding anything to the contrary, if, during the Negotiation Period, BEDC provides the
consent referenced in Section 2 above and Developers subsequently commence construction on
the Property, BEDC’s Option to Purchase, as set forth in Section 2 of the Restrictive Covenants,
shall automatically terminate and be of no further force or effect; provided, however, that except
as expressly provided herein, nothing in this Agreement shall operate or be deemed to constitute
a waiver of any other repurchase rights or remedies (other than those provided under Section 2 of
the Restrictive Covenants) granted to BEDC pursuant to the Development Agreement and the
Restrictive Covenants.
7. Successor in Interest to BEDC. The Parties to this Agreement agree and
acknowledge that BEDC has or intends to combine with one or more economic development
organizations related to the City. Developers and BEDC agree and acknowledge that the
Brookings Regional Growth Alliance, or such other South Dakota nonprofit corporation that
4924-1887-8320, v. 1
BEDC has designated in writing to be its successor, will be the successor in interest to BEDC for
purposes of this Agreement and the Development Agreement (including the Restrictive
Covenants attached thereto), and will bear all the rights and obligations of BEDC provided in
this Agreement and the Development Agreement.
8. Notices. Any notice or other communication to any party in connection with this
Agreement or the Development Agreement must be in writing and be sent by manual delivery,
overnight courier or United States mail (postage prepaid) addressed to such party at the address
specified below, or at such other or additional address as such party specified to the other party in
writing. All periods of notice (if any) will be measured from the date of delivery thereof if
manually delivered, from the first business day after the date of sending if sent by overnight
courier, or from four days after the date of mailing if mailed. Each notice or other
communication should be addressed as follows:
If to BEDC:
Brookings Economic Development Corporation
2301 Research Park Way
Brookings, SD 57006
With a copy to (which will not constitute service):
Brendan Reilly
Davenport, Evans, Hurwitz & Smith, LLP
206 West 14th Street
Sioux Falls, SD 57104
If to City of Brookings:
City of Brookings
520 3rd Street, Suite 230
Brookings, SD 57006
With a copy to (which will not constitute service):
J. Vincent Jones
Woods, Fuller, Shultz & Smith, P.C.
300 South Phillips Ave., Suite 300
Sioux Falls, SD 57104
If to Berry Properties, LLC:
Berry Properties, LLC
1530 17th Avenue South
Brookings, SD 57006
4924-1887-8320, v. 1
If to Millborn Seeds, Inc.:
Millborn Seeds, Inc.
2132 32nd Avenue
Brookings, SD 57006
If to Brookings Municipal Utilities:
Brookings Municipal Utilities
525 Western Avenue
Brookings, SD 57006
The Parties agree the notice addresses set forth in this Agreement supersede and replace all prior
notice addresses.
9. No Further Commitment to Extend or Forbear. Except as specifically provided in
this Agreement, BEDC is not committed and is not committing at this time to forbear from
exercising its Option to Purchase for longer than the Negotiation Period. Any agreement to
extend the Negotiation Period must be expressly set forth in writing between, and signed by
authorized representatives of, the Parties.
10. Right to Record. Any of the Parties may cause, under its signature alone, to be
recorded a Memorandum noting this existence of this Agreement with the Register of Deeds for
Brookings County, South Dakota, and informing third parties that additional information may be
obtained from the Parties.
11. Time. Time is of the essence with respect to all provisions of this Agreement.
12. Effective Date. The “Effective Date” shall mean the date that the last of the
Parties executes this Agreement.
13. No Amendment. No Amendment, modification, or waiver of the provisions of
this Agreement or the Development Agreement will be effective unless the same is in writing and
signed by all Parties.
14. Governing Law. This Agreement will be governed by and construed under and in
accordance with the laws of the State of South Dakota.
15. No Waiver. BEDC’s failure to exercise its Option to Purchase or any other right
or remedy provided under this Agreement or the Development Agreement will not operate as a
waiver of the Option to Purchase or any other right or remedy.
16. Severability. If any terms, covenants or conditions of this Agreement will, to any
extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such
term, covenant or condition to persons or circumstances other than those as to which it is held
4924-1887-8320, v. 1
invalid or unenforceable, will not be affected thereby and each term, covenant or condition of
this Agreement will be valid and be enforced to the fullest extent permitted by law.
17. Waiver of Jury Trial. The Parties agree that a trial of any lawsuit based on statute,
common law, and/or related to this Agreement or the Development Agreement will be to a judge
and not a jury.
18. Counterparts. This Agreement may be executed in one or more counterparts, each
of which will be deemed to be an original but all of which, when taken together, will be one and
the same document. Counterparts may be signed and delivered via electronic mail (including by
.pdf, .tif, .gif, .jpeg, or any electronic signature complying with the U.S. federal ESIGN Act of
2000, e.g., www.docusign.com) and any counterpart so delivered will be deemed to have been
duly and validly delivered and be valid and effective for all purposes.
(signature page follows)
4924-1887-8320, v. 1
Dated this ___day of ________, 2025.
BROOKINGS ECONOMIC DEVELOPMENT CORPORATION
By:______________________________
Its:______________________________
Dated this ___day of ________, 2025.
BROOKINGS REGIONAL GROWTH ALLIANCE
By:______________________________
Its:______________________________
Dated this ___day of ________, 2025.
BERRY PROPERTIES, LLC
By:______________________________
Its:______________________________
Dated this ___day of ________, 2025.
MILLBORN SEEDS, INC.
By:______________________________
Its:______________________________
Dated this ___day of ________, 2025.
CITY OF BROOKINGS, SOUTH DAKOTA
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, Clerk
Dated this ___day of ________, 2025.
BROOKINGS MUNICIPAL UTILITIES
By:
Its:
4924-1887-8320, v. 14924-1887-8320, v. 1
BROOKINGS MUNICIPAL UTILITIES
By:______________________________
Its:______________________________
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0548,Version:1
City of Brookings Progress Report.
Summary:
Samantha Beckman, Assistant to the City Manager, will provide a progress report highlighting the
City’s activities/projects.
Attachments:
Progress Report
City of Brookings Printed on 12/11/2025Page 1 of 1
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PROGRESS REPORT
December 2025
New Furniture/Shelving
Library
•Community Policing
o Larson Ice Center/Dacotah Bank
Center Events, Festival of Lights,
Educator for a Day
•Sand for Seniors –
o Call Brookings Police Department
to Request a Bucket (605) 692-2113
Police
City Clerk
Purple Wave -NEW
o Surplus Property -Large Equipment
Public Works
●Construction Projects Paused
●Winter Operations
•Mayor’s Tree Lighting & Festival of Lights
•Snow Removal Continues
•New Years Eve Celebration
o Fifth Street Gym
Parks, Recreation & Forestry
Dacotah Bank Center
•11 Events in December
•Chamber Ag Appreciation Banquet
•Mayor’s Awards & Holiday Party
•Mannheim Steamroller Christmas
•Upcoming Events
•Dart Tournament Dec 19-21