HomeMy WebLinkAboutCCMinutes_2006_11_28 226
Brookings City Council
November 28, 2006
The Brookings City Council held a meeting on Tuesday,November 28,2006 at 4:00 p.m.,at City
Hall with the following members present: Mayor Scott Munsterman, Council Members Tom
Bezdichek,Julie Whaley,Mike Bartley, Ginger Thomson,Tim Reed, and Michael Reitz. Interim
City Manager Dennis Falken, City Attorney Steve Britzman, and City Clerk Shari Thornes were also
present.
4:00 P.M. WORK SESSION
"Vision for South Dakota Children's Museum and Science Center." Mr. Dale Larson,Vice
President of the Larson Foundation,presented the Foundation's vision for a Children's Museum and
Science Center at the Central Elementary School location. The plan would also call for closing the
500 block of 4th Street in front of the school. The tentative timeline is to purchase the school in
early 2007. Depending on a school bond and design issues,the project could be completed in 2009.
Discussion regarding the City's Transportation Plan. During the August 29, 2006 Budget
Hearings for Fiscal YeaY 2007, the City Council decided to allocate$75,000 in a "transportation" line
ratheY than allocate a specific amount to Brookings Taxi and to the Bxookings Area Transit
Authoriry (BATA). BATA requested$25,000 in funding for the 2007 fiscal year. Brookings Ta�ci
requested$55,733 for 2007. It was the Council's intent to re-examine the txansportation needs in
the community to detennine how to allocate the funds.
Representatives of BATA and the Brookings Taxi were present and discussed this issue with the
Council and responded to questions.
Brenda Schweitzer,BATA Executive Director, said they are in the pxocess of conducting a campus
transpoxtation suroey which will be a useful tool to develop a long term transportation plan.
Council Member Reed is serving on the committee conducting the survey.
Munsterman asked if the survey could include the entire community. Schweitzer said the survey is
already one-third completed and the scope of the work is defined in the grant, so it can not be
expanded to include the entire community.
Munsterman said the city may want to consider funding a city-wide survey in next year's budget.
He requested this item be scheduled on an action agenda to fund the Brookings T�i and BATA as
their requested amounts and direct the City Manager to fmd the extra funding needed.
Louise Sellers,local citizen and user of the BATA bus, said she can't use the taxi because she is in a
wheelcha.ir. She e�cpressed concern on behalf of other bus riders about BATA's new 24-hour notice
requirement. Sellexs said many elderly don't know how they will feel the day before. They also may
have an unexpected day off but can't go anywhere because they didn't Yeserve a ride. She also noted
that the bus is affordable and the ta�is too expensive for many elderly and disabled riders.
Bruce Lindholm, SDDOT Program Manager, said the Fedexal grant BATA receives pxohibits them
from competing with private businesses. T'hat is why the 24-hour notice requirement had to be
implemented. BATA may lose their grant funds if they don't make this change.
ACTION: A motion was made by Munsterman, seconded by Reed, to direct the City Manager to
meet with repxesentatives of BATA and the Ta�service to help identify any gaps in transportation
for citizens and asked that Tim Reed be present at those meetings. All present voted yes;motion
carried.
Discussion of Binge Drinkin_g (i.e. Ha�pv Hour Laws) research conducted by CitX
Ma�er. Steve Britzman, City Attorney,researched the issue to determuie if the City can establish
a local ordinance that would regulate happy hours and reduced price drinks in order to m;n;mi7e
over consumption of alcohol.
Falken noted that he was researching this issue in xesponse to a City Council directive after hearing a
recent survey that indicated 49.1% of college students are more likely to binge drink. He has now
learned that these statistics defined anyone consuming five (5) drinks in any setting was considered
binge drinking. He did not feel that 49% of the SDSU college students were heavy drinking as
defined as someone who can't walk or loss of control. He and Police Chief Bryan Gums have met
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with college representarives to identify educarional progYams on campus. The Student Senate is
coordinating with BATA to provide the Safe Ride program.
Falken noted that the State of Minnesota prohibits the sale of alcohol to anyone turning 21 at
midnight(power hout law). That might be something the ciry could support on a state level.
Britzman has also researched other types of ordinances xelated to happy hours and reduced price
drinks. Falken recommended the city would meet with the bax owners before enacting an ordinance
that may not be appropriate.
Britzman commented that the approaches to solve the problem vary from state to state. It requires
a combination of effoYts including education, enforcement, state statutes, and city ordinance.
Nationwide the approach has been multi-faceted. Alcohol retailers are trying to addzess the problem
with"Drink Responsibly" educational campaigns in an effort to provide young people with
direction;however,the issue is not just limited to young people.
Britzman said cities axe guided by state statutes. He recommended assessing educational programs
to see how others are addressing the problem. State law licensing procedures already require
training and certification of bar owners and those who serve alcohol at a licensed premise. There
are also off-site consumption problems. The city has worked on this issue by passing the keg
ordinance restricting the number of kegs sold for a premise.
Bars selling drinks at reduced prices may be contrary to state law which prohibits the sale of alcohol
below wholesale.
Providing more education through the local ordinance that would define an intoxicated person
would be helpful. This is currently addressed in state law.
Falken recommended gathering input from various interested parries including bar owners and
young people to provide a comprehensive approach to the issue. Bxitzman noted that each measure
must be linked to a state statute.
Munsterman asked if blood alcohol levels are involved for bar ownexs identifying if people axe too
intoxicated. No, state statutes don't address blood alcohol levels.
, Bezdichek said this needs to be a continuous effort of education and enforcement by city officials.
Any ordi.nances above and beyond state statutes would be difficult to enforce. This continues to be
an educational process. Before the baxs close,people purchase off-sale alcohol and continue to
drink in their homes. House parties have resulted in young people losing their lives. More excessive
drinking occurs in house parties than bars.
Donna Ramsay, downtown business owner, expressed concern about specific events where drinking
staxts at noon as a promotion,particulaYly on Satutday which is prime hours for retail to be open.
She has observed individuals at these events with inappropriate behaviox which hurts retail
businesses. She clarified that bars are an essential part of most communities, but early consumption
could be discouraged. She cited a recent magazine axticle in where the writer noted Brookings was a
great boozing town. She was concerned that this continues to £oster young people to believe
Brookings is no moxe than a long stteet of bars and anything goes. She admires hex colleagues in
the entertainment business because it's hard work and long hours. However, the retail community
downtown also needs their concerns to be heard and recommended there be a compxomise to hold
off promotions until the retail businesses have closed.
Bezdichek said the individual writing the article has the freedom to make any observation. He noted
that Brookings has woxked hard to make the downtown area as positive as it can be;however,it isn't
the downtown as 30 years ago with grocery stores,pharmacies, etc. The City will continue to work
hard to make downtown a positive thing fox this community. One important big event is Hobo Day
which is favorable for the bars and retail to be open. He said he can't imagine you want to shut
down on Hobo Day. The two groups need to work together to make the downtown as favorable as
possible
Ramsay said HOBO Day isn't promoted as just a dxinking experience. The parade is a familp event
and more a traditional event. Bezdichek noted that it is probably the biggest sale day of the yeat for
the municipal liquor stoxe.
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Txoy Hicks,local bar owner, said the Saturday pub parades don't staxt until 1 or 1:30 p.m. and 95%
of businesses on Main St. are closed by noon or 1:00 p.m. on Saturday. He noted that all bar
employees are required to undergo training to identify an into�cated person. Hicks said the state of
Minnesota prohibits the sale of off-sale alcohol after 11:00 p.m. to reduce binge drinking.
Falken recommended he and the Police Chief hold quarterly meetings with bar owners and
managers to address issues. This will help create a partnership to develop a comprehensive
approach to the future.
ACTION: A motion was made by Munsterman, seconded by Thomson, to instruct the Ciry
Managex to meet with the private sector to discuss the issue over the next sevexal months and repoxt
back to the Council. College students should be included. All present voted yes;motion carried.
Karl Steege,Skinner's Pub general manager, said the article Ramsay referred to was written about
Skinnexs. The paYt of the aYticle she didn't reference was how great the businesses are in downtown
Brookings. The six (6) women who participated in that article were from Sioux Falls, over 30, stayed
in Brookings hotels and utilized the ta�. He acknowledged that binge drinking is a terrible thing;
however, the safest place to be is in a licensed establishment. If a young person passes out at a
house party no one will help. They will put that person to bed and hope they wake up in the
morning. Licensed establishments take care of people because they are their customers and are
required to by law.
Reitz asked if the survey identified how many binge drinkexs were at baxs verses house paxties.
U�date on Code Enforcement review�rocess. This item was tabled until Decembex 5,2006.
Discussion of�otential Ciry Charter revisions and urocess. This item was tabled until
December 5,2006.
Review of 6:00�.m. meeting to ics. The Interim City Manager responded to questions
pextaining to the action items on the agenda.
■ Streetscape project- Falken said they have learned that no Federal ISTEA funds would be
available for this project in 2008. He said the water fund application is a lot of work and is a
loan,not a grant. He recommended not submitting an application at this time and requested
direction from the Council. There was consensus from the Council to hold on this project.
To�ic introduction for future agendas. Shari Thornes,Brookings City Clerk,provided a briefing
on future agenda items. Intergovernmental Conference Agenda Topics (Dec. 11th). Four council
members are available to attend the meeting. They plan to bring up the issue of liquor license
availabiliry for economic development purposes.
Briefing on u�coming council invitations and obligations Thornes reviewed the City
Council's upcoming invitations and obligations.
6:00 P.M, CITY COUNCIL MEETING
Consent Agenda: A motion was made by Bartley, seconded by Thomson, to approve the consent agenda
which included:
A. Agenda.
B. Appxoval of the October 24,2006 and November 14,2006 Ciry Council Minutes.
C. Action to appoint Jeff Vostad to the Bxookings Committee for People who have Disabilities,
filling the unexpired term of Lois Hatton.
D. Action on Resolution No. 118-06,Authorizing Mayor to Sign an Agreement for Federal
Aviation Administration Project AC0005-2007, Conduct Spill Prevention, Containment, and
Control Plan.
Resolution No.118-06
Resolurion Authorizing Mayor to Sign an Agreement for
Federal Aviation Administrarion Project
Project No.AC0005-2007
WHERF.AS, the City of Bxookings desixes funding to Conduct a Spill Prevention,
Containment,and Contxol Plan for the Bxookings Regional Airport;and
WF�REAS, The State of South Dakota Department of Transportation Office of
Aeronautics has approved the use of allocated fuel tax funds for this project;and ��. �
WHEREAS, the Federal Aviation Administration is hereby requested to authorize Project
No.AC0005-2007 in accordance with the approved state financial assistance agreement.
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NOW, THEREFORE, BE RESOLVED, that the I�layor is hereby authorized to sign all
documents xelated to an agreement fox the Federal rlviation Adinuiistration Project No. AC0005-
2007.
Resolution No. 119-06—Children's Museum. A motion was made by Whaley, seconded by
Thomson, to approve Resolution No. 119-06, a xesolution of support for a children's museum
concept. All present voted yes;motion carried.
Resolurion No.119-06
Resolurion of Support foc Children's Science Museum
WHEREAS, the City of Bxookings xecognizes the importance of progxams, activities, and
opportunities that will stimulate and motivate learning for all ages;and
WHERF.AS, there is interest in creating a Childxen's Museum and Science Center in the Brookings
axea;and
WHEREAS, the Bxookings City Council recognizes the educational value a Childxen s Museum and
Science Center could offex to oux children of the xegion and the Ciry;and
WHEREAS, the Brookings City Council furthex recognizes the potential economic impact a
Children's Museum could have to the Bxookings area.
NOW, THEREFORE, BE IT RESOLVED, that the Brookings Ciry Council is supportive of the
creauon of a Children's Museum and Science Center in the City of Bxookings.
Cell Tower Lease Agreement—Ciry of Brookings &WWC. A motion was made by Reitz,
seconded by Thomson,to approve a cell towex lease agreement between the City of Brookings,SD,
and WWC License LLC,to be located at 621 A Medary Avenue (Legal: A paxcel of land located in a
portion of Lot A of the Subdivision of Park View&Lots One (1) to Five (5) of Paxk View Second
Addition, a part of the Southwest Quarter of the Southwest Quarter (SW'/4SW1/a) &the West One-
half of the West One-half(W'/aW'/z) of the Southeast Quarter of the Southwest Quarter
(SE'/4SW'/4), all in Section Twenty-five (25),Township One Hundred Ten (110) North,Range Fifty
(50)West, City of Brookings, County of Brookings, South Dakota.). All present voted yes;motion
carxied.
Discussion regarding the DM&E Agreement. After the canvass of the November 7th ballot,
the City Council requested this item be scheduled to detexmuie the next step as a community on this
issue.
The Mayor opened the floor to public comment limiting presentations to 3 minutes.
Deb Tweed said her husband is a DM&E employee. She cited the railxoad's willingness to work
with the community and its importance to the development of Brookings. She urged the city to be a
good neighbor with the railroad.
Mary Lou Holcum said she has attended meetings regarding the xailroad for 10 years. The
agreement that was voted down provided nothing. She objected to the federal funding currendy
under considerarion.
• Ed Hogan xead the following statement: "Recently the people of Brook,ings e.xpre,rsed their dis.rati.rfaction zvith
the Community Partnerrhip Agreement that the City and DMd�'E had worked out. From svhat I have heard and
read the major rea.ron.r for di.rsatisfaction 2vith the agreement zvas that it did not include a by pa.r.r, included only minor
investment by the DMd9'E, and provided no safety plan,fznancial�ilan or.rolution for addre.rring the variou.r co.cts
a.rsociated urith the railroad e.x�hannon.
The people of Broakangs e.xpre,r.red their desire that any agreement meet their e.xpectation.r,�irnvide for their safety and
health, and be a true�iartner,rh p agreement. Obviously,you as Council members thoughtyou had achieved that. The
public feelr othenvise. It i.r no�vyour respon.ribility a.r elected o�cials to move fonvard in concert�ith the wishe.r of the
people of Brooking.r. That solution must addre.r.r the concerns and,rafety of the community.
As the former chair of the Brooking.r Mayor'.r Ad Hoc Committee on the l�ailroad,I 2vould like to.sugge.rt thatyou
utili�e the recommendation.r of that committee as plan for moving fonvard. They are:
RECOMMENDAT70NS OF THE MAYOR'S AD HOC COMMITTEE
The Mayor'.r Ad Hoc Committee on the Bailroad recommends that the City of Brookings immediatedy take the
foldo2ving.rteps:
1. Not�the DMd�E Railroad that the City of Brooking.r.reeks to immediately enter into di.rcus�ion.r
avith them, intended to lead to the development of a bypass route amund the City. - -
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2. The City of Brookings establish a Kailroad Negotiation.r Advisory Committee and in concert urith the
Brookings City Commi.rsion, .cet the parameters for negotiation.r,provide information and select and
suj�port to the negotiator. Succe.rsful negotiations come from a balance of poaver. Therefore the Advisory
Committee mu.rt repre.rent the intere,rt.r in the community which.rupj�ort an alternative route. The
railroad can repre.rent it.r position.
3. Hire a profe.rsional negotiator to re�resent the City of Brooking.r in the negotiation proce.r,r. For a variety
of rea.ron.r, there is.rome belief that.ruch a person mu.rt be from out�ide the community. The city has
hired profes.rional negotiatorr before. There are many attorney.r, educator.r, and otherprofes.rional
negotiators in the Upper Midwest.
It i.r clearly the de.rire of the people of Brookings that a bypa,r,r route be constructed around the city. In light of the cost.r
presented by the BannerA.rsociate.c report, it has al.co been demon.rtrated that it i.r affordable. We 2vould remind
everyone that Mr. Kevin Schie�er ha.r.rtated that money i.r not a major concern;the DMd�'E i.r prepared to,rpend
rvhat it take.r to get the railroad built.
The I�ailroad Negotiations Advi.co?v Committee
The Mayor's Ad Hoc Committee on the Kailroad proposes that the Bailroad Negotiations Advisory Committee i.r
comprised of the follouring community leader.r:
Du�ightAdamr, Concerned Besident of Brooking.r(agreed to.rerr�e)
Mayor Wayne Hauschild or Mr. Emil Klavetter, or other B�noking.r City Commis.rion designee.
Mr. Dale Lar.ron,I.arron Manufacturing Corripany(agreed to.rerUe)
Mr. On�ille Schmidt, State�re.rentative(agreed to serve)
M.r. Carol Pitt.c or Brooking.r County Commi.rsion de.rignee (Ms: Pitts tvill.re�ve if the County Commi.rsion.ro derires)
Mr. l�obert Jo.ctad, Betired B�nokings School Superintendent and former School Board Member(agreed to,rerUe)
Dr.Arden Sigl,Pmfessional Engineer(agreed to serue)
Liai.cons from SDSU, the Governor'.r Of'ice, and our elected federal oj'ficzals may al.co be invited to participate in the
�iroces.r by mutua!agreement of the railroad and the city.
Neither Mayor Hau.rchild nor Commis.aoner Klavetter ha.r been a.rked to serve on the committee a.r ofyet. We
a.rsume that the City Commis�ion ivill decide whach of it.r member.r.rhould be involved in the negotiation.r. Plea.re notice
that none of the memberr of the Mayor's Ad Hoc Committee or it Liaison team ar�on the propo.red Negotiation.r
Advisory Committee. 1.Ve believe this is a time for a new committee. We are ho�vever rvilling to meet with the
negotiator and Negotiations Advi.rory Committee and.rhare our e.x�ierience.r.
Each of the non-elected o�'icial�proposed for the Negotiation.r Advi.cory Committee is an individual�vho i.r very
knowledgeable about the DMd�'E Plan and/or the community. They are well-re.rpected individual.r rvho have
excellent reputations for senrice and.rupport of Brookingf
Tbe Mavor'r Ad Hoc Committee'.r Recommendationr.•
The Mayor's Ad Hoc Committee recommends that the City of Brookings o�"zcially adolbt the follawing policief
regarding the DMd�'E Plan:
1. The City of Bmoking.r request.r the DMd�'E Bailroad to join it in developing a bypass route.rolution for
B�oking.r
2. That if a by�iass route cannot be agreed t�on, the City and the DMe�E Bailroad rvill then work to ,
develop a De�ire.c.red Track Adternative extending from East of[Y/e.rtern Avenue to the Interstate.
If a bypas.c for Bmoking.r turn.r out to be an unacceptable solution, we believe that the only other viable.colutron for the
long term good of the community 2vould be for the rail line to be depressed form east of I�Vestern Avenue eastward to I-
29. Thi.r svould allou�the train to pa.r.r underMain, 6'b,Medary, 17`b and 22idAvenue.r It i.r more costly than a
by�ia.cs. It ivould al.ro require the purchase of more than 100.nngle family home.r and the con.ctruction of earthu�ork
knoll.r 20 feet high paralleling the track.c Thi.c alternative would addres.r many of the.rafety and noi.re concerns. It
zvould hoivever require purcha.ring more than 100 home.r and providing fair relocation incentive.r to the.re homeoumers:
It is important to note that the Mayor's Ad Hoc Committee ha.r consistently sought out a collaborative compromi.re
solution�vith the railroad. It should be noted hosvever that the majority of the committee believe that if the DMd�'E i.r
not agreeable to recommendation.r 1 and 2 above, the City of Brookings then ha.r no alternative other tban tn pa.c.r
recommendation 3 rvhich is:
3. If neither a bypass nor a depre.r.red track alternative can be agreed upon, the City nf Brooking,c off'icially
go on record a.r being oppo.red to the DMd�'E Plan and application and not�appropriate state and
federal agencie.r of such oppo.rition.
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It is clear that the people of Brookings do not ivant their community and lifestyle changed by the proj�o.ced raid plan. If
the railroad cannot re.pect that�viz.rh and collaboratively find an acceptable.rolution, ive believe the City of Brooking.c
ha.c no choice except to re.rpect the zvishe.r of its citi�ens and oppo.re the e.xpan.rion plan.
The Mayor's Ad Hoc Committee further recommends, if neces.rary, a profe.rsional mediator from the out.ride the
community be asked to SerUe as mediator of the di.rcus.cion.r betzveen the DMd�'E Bailroad and the City. It is
es.rential that the mediator be.romeone�rrith both the profes.rional experience and leader.rhip.rkills that avill facilitate
di,rcu,rsions.
It i.r im�iortant to note that the members of the Mayor'.r Ad Hoc Committee believe that the City of Brookings and the
DMd9'E Kuilroad can and must provide the solution to thi.r problem relatively quickly. If a solution i.r not achieved
in a relatively short time frame, the already depre.r,ring phy.rical, mental and economic health concern.r of the�ected
people and the community�vvzll increa.re. The opposition to the railroad and its plans svill continue ta grorv
geometrically. Opponents in Brookings and South Dakota zvill become even more powerful a,r more of our citi�ens
continue to join zvith other op�ionents in Minne.rota and Wlyoming. Numerou.r court ca.res could tie up the DMd�E
project for a generation or more. In South Dakota, many of u.r recall hosv a small group of�ected citi�en.r.rtopped the
massive Oahe IYlater Project. It can easily happen again.
This need not be a�rin/lo.re or lo.re/lo.re situation. However, in order for it to be a�vin/u�in situation, it i.r e.c.rentia!
that the City of Brookings and the DMe�'E IZailroad take action.c necessary to bring about a mutual.rolution
acceptable to the people of the community."
Gary Laxson read the following statement: "When voterc rejected the Community Partnership Agreement
between the City Council and DM�E, they e.xpre.rsed their concern regarding tsvo i,rssre.r. The first wa.r a feeling that
much more community-u�ide input is needed before a u�orkable agreement can be reached, and the.cecond rva.r the nature
of the agreement itself. I�e are grateful for a referendum proce.r.r that ha.r allo�ved citi�en.r to nou�have input into the
rail�nad safety and quality of life i.rsue.r that u�ill a�'ect everyone in the city and even many u�ho drive from elreTVhere to
work and.rhop and vi.rit here.
IYIe believe that raidroad.rafety and quality of life impacts faced by Brooking.c citi�en.r extend to i.rsuc.r beyond
protecting.rtreet tra�'f'ic at rail c•ro.rsing.r and silencing the train svhistle.r through tou�n. There are other safety and
quality of life i.r.rue.r that need to be addre.rsed. It is time to put the old CPA behind u.r and move forrvard so that al!
safety and quality of life i.r.rue.r may be negotiated. To that end, ourgroup p�nposes that the follosving.rte�i.r be-taken
tosvard pursuing a ne�v agr•eement.•
1. Appoint a broad-based citiZen's committee to e.xplore all option.r for the safety and quality of life for
Brooking.r, �lated to increa.red rail tra�zc. Thi.r committee should properly include people appointed by the
City Council and by Citi�ens for a Safer Bmokings. Not to be overlooked are people u�ho have se�ved on
state and local committee.r that have.rtudied thi.r is.rue over the pa.rt 8 year.r.
2. In e.xploring.rafety and quality of life i.r.cue.r, interact or othenvi.re partner avith other citie.r urith similar
concern.r. Obvious examples are Pierre and Mankato. A bypas.r i.r an is.rue in both communities: Pierre is
.rome�vhat smaller than Brookings;Mankato is somezvhat larger. And like Brooking.r and Knche.rter,
Mankato ha.c no operative agreement urith DMd�°E.
3. Provide for the u.re of e.x�iert con.rultant.r, legal and othenvi.re, to advise the committee and to negotiate urith
DMd�E or it.r succe.c.ror.
4. Inve.rtigate funding.cource.r and mechani.rm.r that could be u.red to he p inve.rt in.rolutionS—everything from a
State Bailroad Authority to the federal Railroad Kelocation and Irrrprovement fund." Be bold and creative
in finding svays that protect our local taxpayers from milliorrs of dollarr in increa.red taxe.r for mitigation
mea.rure.r.
S. Involve our Governor, �vho is a graduate of SDSU, and involve the con.riderable expertise of the SD
Department of Tran.rportation, many of who.re engineerr are SDSUgraduate.r. Involve our Congres.rWOman,
who ha.r a home in thi.r community, and our two US Senator.c—all tbree of whom have many frz'ends and
.rupporterr in this community. And involve their,rta�.r and acce.r.r the re.rources and resourcefulnes.r of our
federalgovernment. Ask their a.r.ri.rtance in finding an.rsverr to increased rail traffic impact.r on Brooking.r'
.rafety and quality of life.
6. Re.rearch potential change.r in both.rtate and federal rzile,r and.rtatue.r that lvould redefine the relationrhip
betaveen railroad.r and communitier that i.r.rtill primarily based upon 19'b century law.r" �
Many other points could and should be addre.rsed by the czti�en's committec, but it is of paramount importance to get
reasonable peolble together to collaborate in seeking.roltttion,r and then to negotiate safety and quality of life is.rue.c from
a stronger po.rition. No city.rhould have to put itself in a po.rition of promoting a project or a huge government loan in
order to "earn"mitigation of safety and quality of life. Nor should the City need to be rushed into another
partnership. W/e believe that a citiZen°r committee i.r the e.rsential fir.rt.rtep in developing an agreement, if one is
attainable, and sve a.rk that the Council follozv uj�on thi.r.ruggestion."
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Chuck Berry said he wasn't against the trains and commented this pYOCess will be an interesting
exercise of democracy in how the Council behaves with this new information from the new
majoriry.
Public hearing closed.
Reitz said he thinks it's important that Brookings eventually have an agreement and liked the idea of
a committee to head up the negotiates and report back. However, didn't DM&E indicate that they
won't negotiate until Brookings can guaxantee an agxeement that won't be xeferred?
Thomson agreed that a committee is a good idea but the Council should set a timeline so the
process doesn't dtag out too long. She noted that this is a complex issue and should not be taken
lighdy;however, there is a certain amount of uxgency. This should not take another two years. She
also commented that a lot of ixlformation has already been compiled and this gxoup shouldn't
reinvent the wheel. Pick up where the other group left off.
Reed agreed with the creation of a committee and asked if funding would be needed to hire a
consulting firm for that group. T'he committee should get started soon and the Council should
interact often.
Whaley said a committee would be good but cautioned that both sides must be xeptesented. It
needs to be a good mi�c of people otherwise it won't accomplish anything. The committee must be
willing to listen to both sides and get out and talk to people in the communiry. She did object to
discussion about a bypass and didn't feel it was appropriate to talk about taking land away from
people not in town. She cited that the railroad has been in town long before homes wexe along the
track. She said the entire community must work together to come up with an agreement for the
railroad.
Thomson said she'd like to see the committee balanced and that they invite DM&E officials to visit
with them. She thought a problem with the previous group was that no one ever spoke with the
DM&E representatives. She also doesn't want them pursuing a bypass because it would be a waste
of time. Ed Hogan noted that DM&E representatives were invited to every meeting but chose not
to come.
Bezdichek said he agxeed with all the comments and appreciated all of the input. He also
appreciated the input regarding a consultant/mediator/negotiator on a new agreement. He is
concerned that DM&E officials will not negotiate with anyone who doesn't have any authority to
make a decision such as a committee member;however,a mediator who has been designated by the
Council would have the ability to negotiate the wishes of the committee and council and make
decisions. He noted that the Ciry Council are the elected officials and ultimately responsible to
make a decision.
Bartley said the focus of the committee would need to be on the agreement pertaining to the safety
of the Brookings residents. Other emotionally charged issues such as Federal loans have no bearing
on this discussion or this committee. The Ciry of Rochester,MN,is still trying to make changes in
the legislative process on state and national levels on the appxopriation process. This is not our
purview. T'he City of Brookings can't do much about the approval process for the federalloan but it
can keep an open dialogue with whichever railroad owns the line to make the best possible situation
for Brookings. That is what the agreement was designed to do. It didn't eliminate anything and did
provide for many things. It didn't call for an overpass or grade separation but it didn't say we
couldn't do it. The agreement kept the door open to negotiate for these items and seek the support
of the railroad and legislators for funds. To develop an agreement with defined payment
requirements is not possible. It needs to be open and flexible in order to work with mitigation. The
City of Pierre is a good example. They applied for funds to study a bypass and with the Senator's
help obtained CDBG funds through DOT earmarked for the city. DOT earmarked the funds for
the city. It is important to find common ground to start and not be limited to anything ahead of
time. Right now the railroad doesn't have to work with the city on infrastructure improvements
because we don't have an agreement in place. Most improvement projects are paid for with state
funds, not the railroad,but the railroad must maintain the improvements. Bardey urged the
audience to understand that if they want to fight the overall project this isn't the agreement to do it
with. If DM&E doesn't get the loan they aren't prevented from private funding. 'These are
complicated issues. The City Council is on the citizens' side. It doesn't want the train to adversely
impact the community. How do we mitigate that impact? There will be things that we won't be able
233
to change and those need to be accepted and everyone needs to reasonable. We aren't stopping the
pxoject.
ACTION: A motion was made by Munsterman, seconded by Reed,to direct the City Attorney to
draft a xesolution that would create a railroad ad hoc coinmittee that addresses the committee
foxmation and composition, committee purpose and timeline. Action scheduled at the December
12th meeting. All present voted yes;motion caxried.
Adjourn. A motion was made by Whaley, seconded by Reed, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 6:57 p.m.
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'Thornes,City Clerk