2014.08.04 CC Minutes - Laserfiche WebLink

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Hugo City Council Meeting Minutes for August 4, 2014 Page 5 of 7 residents to call City Hall if there are a lot of trucks hauling on the roads. Haas made motion, Bronk seconded, to approve renewal of the Mining Permit to expire July 1, 2016 with a change in route eliminating Irish Avenue, north of 147th Street, and 152nd Street as haul routes. All Ayes. Motion carried. Update on NRI — City Attorney Dave Snyder City Administrator Bryan Bear provided background on the subcommittee that was created to work on issues related to National Recycling, Inc.'s use of the rail spur. The committee includes Desiree Rotter, Pat Dunn, Christine Taylor, Council Member Petryk, Mayor Weidt and representatives from NRI. The subcommittee held its first meeting on June, 24, 2014 and a follow-up meeting was held on the spur site on July 16, 2014. At that meeting, there was discussion on abatement of noise by planting trees or constructing a noise wall or berm. Bear stated that staff had discussions with the railroad who indicated it would be difficult to get approval to construct any structure in the easement. Bear presented several alternatives to consider noting that funding for a project is unknown, and there are several factors to consider. At the July 14, 2014 meeting, resident John Rotter presented a letter from the neighborhood asking specific question on the Bald Eagle Industrial Park Development Covenants and the Team Track Agreement. City Attorney Dave Snyder answered their questions saying the documents are legal and binding but their recording needs to be verified. The documents are separate regulatory tools that work together. The City would be obliged to take reasonable steps to enforce them, subject to many factors, which could result in litigation. In response to their question regarding future potential uses and how problems would be handled, Snyder talked about possible regulatory tools such as a permitting or licensing requirement. He explained that City regulations would only apply to the spur track, and would have no control over the main track. Any control steps would need the participation of all interested parties. City Administrator Bryan Bear said there are four parties involved: the City, MN Commercial Railroad, Schwieters, and customers of the rail spur. He stated that there was a lot of information to consider and suggested staff report back to Council with a recommendation at a future meeting. City Attorney Dave Snyder addressed the prospect of litigation. Snyder indicated that it may result in a short term reduction of a problem, but recommended adopting a more extensive code of regulations instead. John Rotter, 13635 Fiona Avenue North, thanked the City Attorney for his response to the letter. He said the City would be better served by having control over what happens. The neighbors would like to see compliance and feels that would take care of the issues the neighborhood has. Cindy Petty, 13679 Fiona Avenue North, asked about getting regular updates and also wanted to know about the NRI north site. She also said she felt the City should consider some screening of the railroad to improve the appearance since it is the entry point of the City and a future development area.