HomeMy WebLinkAboutResolution 006-2007 RESOLUTION NO. 06-07
A Resolution Establishing a Brookings Railroad Safety Committee for the City of
Brookings, South Dakota.
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows:
Sec. 1. Creation,purposes.
The Brookings Railroad Safety Committee (hereafter also referred to as the "Committee") is hereby
created for the following purposes:
(1) To review the Community Partnership Agreement ("CPA") between the City of
Brookings and DM&E Railroad which was referred by the voters,in order to
determine if the CPA should be revised to improve the safety measures contained
therein.
(2) To receive public input through public hearings concerning railroad safety issues
pertaining to the proposed DM&E Railroad expansion project.
(3) To report regularly to the City Council of its findings and hearings and at the
conclusion of its proceedings.
Sec. 2. Independence, Report.
The Committee shall be receptive to public comment from any person,including the City Council,
but shall work independently of the City Council and its members, and accordingly,its Report to the
City Council shall solely represent the product of its study and work. The Report of the Committee
shall be limited to proposed specific safety measures which relate to the proposed DM&E Powder
River expansion project.
Sec. 3. Composition, qualification, manner of selection of Chairperson and members.
The Brookings Railroad Safety Committee shall consist of nine (9) members. Members of the
Committee shall consist of a Chairperson and eight (8) additional members,who shall be residents
of the County of Brookings. The Chairperson and members shall be appointed by the mayor,
subject to the approval of the City Council. In addition, a member of the City Council may be
designated by the City Council to serve as an ex-officio member. The City Council member so
designated shall not be counted for purposes of determination of a quorum and shall not be entitled
to vote or take any official action on matters before the Committee.
Sec. 4. Chairperson, facilitator.
The Chairperson,in addition to being a voting member, shall also serve as the Committee's
facilitator.The Chairperson shall,in addition to serving as Chairperson, facilitate the study,hearings,
work and reporting of the Committee. Accordingly, as facilitator, the Chairperson shall:
(1) Maintain focus upon the purposes of the Committee and the process to
complete the Committee's work.
(2) Encourage respect for the views of the public and of the Committee
members and ensure all Committee members participate.
(3) Remain neutral until final conclusions are reached and encourage trust
among Committee members.
Sec. 5. Terms -vacancies - compensation of members.
The members of the Brookings Railroad Safety Committee shall serve without compensation for a
term to conclude following the submission of a final Report to the City Council.Vacancies on the
Committee shall be appointed by the mayor and approved by the City Council.
Sec. 6. Quorum--organization.
A quorum shall consist of five (5) members. The City Clerk shall serve as staff liaison,but shall not
be a member of the Committee or required to attend the meetings of the committee unless
information from the City Clerk's office is required. The Committee shall adopt,amend, or rescind
such rules as shall be necessary for the conduct of its meetings.
Sec. 7. Legal assistance to Committee, City Manager to provide assistance if
requested.
The city attorney shall render such legal assistance and counsel to the Committee as may from time
to time be required. In addition, the City Manager shall be responsive to requests for assistance by
the Committee,but shall not be required to attend meetings of the Committee.
Sec. 8. Administrative assistance. funding.
The City shall provide administrative assistance to the Committee. The Committee shall submit
funding requests for items or services the Committee requires in performing its work. Funding
requests shall be reviewed and approved by the City Manager,however if the Committee's funding
requests exceed a total of One Thousand and no/100 ($1,000.00) Dollars, any further funding
requests shall be submitted to the City Council in the form of a budget request.
Sec. 9. Meetings of the Committee- Monthly Report.
The Committee shall hold at least one (1) regular meeting each month,which shall at all times be
open to the public. All Committee meeting agendas must be submitted to the City Clerk to comply
with public notification requirements. The Committee Chairperson shall electronically submit a
monthly Report to the City Council of its proceedings and the progress of its work.
Sec. 10. Removal for cause.
The mayor, subject to approval of the City Council and following public hearing, shall have the
authority to remove any member of the Committee for cause. Cause for removal shall be stated in
writing and made a part of the record of such hearing.
Sec. 11. Completion of Committee Report.
The Committee shall commence its proceedings following adoption of this Resolution, and shall
work expeditiously to complete and submit its Report to the City Council. The Committee shall
complete its Report within two (2) weeks following the earlier of a request by the City Council or
December 31, 2007.
Sec. 12. Termination.
Following the submission of its Report, the Committee shall terminate its activities unless the City
Council determines that the Committee should continue. In the event the City Council determines it
is in the best interest of the City to terminate or continue the Committee or expand its role to
include the negotiation of an agreement with DM&E, the City Council shall amend this Resolution
to include such other duties,responsibilities and terms necessary to extend the Committee's service
to the City.
Passed and approved on the 9th day of January, 2007.
Amended on February 13, 2007 (quorum requirements).
OF BROOKINGS
r
A i 10. i tip
•tt D ■ nsterman,Mayor
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It o%.
ornes,Broo gs City Clerk
Railroad Committee - 2007
1. Ed Hogan- Chair 8. Deb Tweed
1714 Elmwood Drive 211 6th Avenue South
692-6935 -home 692-1617 -home
691-3096- cell 507-694-1414-office (Hospital in Ivanhoe)
ephogan @mchsi.com 507-694-1199- fax
2. Doug O'Neill 605-690-5651 - cell
304 Trail Ridge Road nortop( brookings.net
692-2154-home 9. Wes Tschetter
367-8461 -office (SD Public Univ.& 320 Dakota Avenue
Research Center-Sioux Falls) 692-5321 -home
367-5643 - fax 688-4920- office (SDSU)
695-3194-cell 688-5822- fax
doug.oneill @usdsu.org 695-4224- cell
3. Jerry Friezen wesley.tschetterasdstate.edu
1627 Buffalo Trail 10. City Council Ex-Officio-Mike Reitz
692-5677-home 1411 Second St.
690-5317-cell 692-1275—home
gaemf(cr,itctel.com 690-6731 —cell
4. Dale Larson 692-1505—fax
(Walt Styltie in Dale's absence) mike @rainbow.brookings.net
Larson Mfg. City Staff
2333 Eastrbook Dr. 11. Dennis Falken,Interim City Manager
692-6115- office 311 3rd Ave. /PO Box 270
wstyltie(a,larsondoors.com 692-6281 —City Hall
5. Bob Burns 695-3266—cell
1336 Trail Ridge Circle dfalken(a)cityofbrookings.org
692-6048-home 12. Jackie Lanning, City Engineer
688-4909- office (SDSU) 311 3rd Ave. / PO Box 270
688-5977 - fax 692-6629—City Hall
691-3095- cell 691-3567—cell
robert.burns @sdstate.edu jlanningacityofbrookings.org
6. Karen Cardenas 13. Shari Thornes, City Clerk
316 17th Avenue South 311 3rd Ave. /PO Box 270
692-5542-home 692-6281 —City Hall
695-9014-cell 691-4038—cell
cardenas @brookings.net sthornes@cityofbrookings.org
7. Gary Larson 14. Bonnie Foster,Deputy City Clerk
805 Pheasant Run Road 311 3rd Ave. /PO Box 270
692-5778-home 692-6281 —City Hall
688-4552- office (SDSU) bfosteracityofbrookings.org
688-6677- fax 15. Steve Britzman,City Attorney
690-3435 -cell 521 6th St.,Suite 104
gary.larsonasdstate.edu 697-9058—office
glarson(abrookings.net britzmanlawa,brookings.net