HomeMy WebLinkAbout1994-06-21 Municipal Operations Committee Minutes6-21-94
Councilors Praunt: con sooty, Pat 8tamhecte aid 8111 Cohen
Othew: City Xanager w eaaett, City solicitor Erik stm fel,
city Engireer Sim Ring, oiler staff and murexous citv.,ma
1. Status Update — Kittredge d land M
,rim vu.,g, City engdncer, Provided an v &te to the Camdttee on zecerc
reg:nlatory changes rd' the status of Kittredge eoad landfill.
major charge is pemdssion fox certain nmlicenssd landfills, 11 cex[ain
cir=TMw, to CrntLae to Mate until Jan , 1996. Krt edge Riad
m.=n: fias for this provision and we acini antdciPate reoixn the
laffi for construction and dmnlition debris only.
It s d also be rots] that the State bas adopted sinPt:r'w clos=e
regulation, which mtuor exist] federal closure costs
order this option, mcludv time, sknud.d he r exi fry $1 mil3ien to
$400,000. T State, }v ver, a cipates a lost reLnllnrs®vnt to
s=cipalities who use the sdvgnliflei P ess — 505 versus 75%. Please
not that even at the lox rate, the city's direct costs will Le less.
lvrther, Stats redmtru tis cot goer tri tut is on a £ands available
hasis through voi authorized b>rd issues ]hew ds a sd t frame
during which it say he possible to to k in the 758 wimbsrse t rate if
we ere:ute a elo agwetent with the State prior to July 1, 1994. An
oxtlei will be on the agenda at the next C it daeting to approve such a
closure agrcerent.
1be c ttee unarnLrously recamvr'ai approval of such an agwment w the
full C il.
nr. Ring rated In the near future he will W cod to the c ttee with
a famal order to sanPe Kttredge and to establish fees. At the time we
closed, Kittredge was � MH ys and 1 sdays for comeredal debris and
the lst Saturday a 3rd Sunday of each north for residential. Exdstfng
and proposed fees are ss folioas:
ton $35 $45
per cubic yard 25 - 35
3 5
m i ixvck 5 10
W to 11/2 ton truck 10 20
TT was considerable discussion of tla p used fees. councilor Cohn
proposed that rates le set at aprzmdratsly 80% ($56/tan) of the
canrercial lanifill costs.
W. nvy noted that ttese were a mmbar of consiibiattore Mich sduld be
re de oed in establishing rates. Mese inclYfa: dile to a
lack of on-site scales, limited days of operation, and a desire to ]wap
our fees in lire with three of maser ad certain otter local
mlidcfpalities which operate celstmrtion ad de moution debris
landfills. Mc. ring titrated that he he ieved tonnages wand drop
alctarcially &an aur prevfeus experierce with a $56 per ton rate. h@
notal that at previous rates, Rittra6g has alai 2 years of capacity
renainug during an 18 ncnth per£ol of operation.
After additional discussion, it was aged that a co:plete pxvpossi for
Ritt iga ilsludi.ng days and hours of operation and fess would be, rehumd
to the cmmittea at its next seating for further discussion ad
revmerdation to the �.
2. tnaaoLe Faflraad Title Issue
Erik Stmpfel rev£ead the status of the veszie Iffiilrmd Title Issue with
the Cavnittee. The City has rexntly regi by rehouse dead Ban the
Noire central Failxead whatever Interest it had in the veazie Railroad.
Asstinns of ills right of way were acq,i.w by warranty ham, portions by
easerent dmi, and portions by a Canty taking. Arris acquiral by
ezeenent Or Canty taking have rauertei to adjacent property cenars. The
City of »angor is nos record surer of auras acquirei by warranty deed.
W. Stmp£el also Intel that since 1929, you cannot acquire title w
railroad property through adverse possession. To establish this, the
ineexest must have hurl acghf through passession for 20 years prior to
1929. cmid.e it is possible that his may have hap per, it world have to
b proven through a court action by any party claiming gwrership through
adverse possession.
In regard to the situation with the l nicki's, the City is rn of
record of positions of the railway b l that runs through their Muse lot.
ILrther, other sections of the right -of- in the area of the RntLL ,s
property are wet ad this insults in itdiviAlals vslkL though their hay
field and causing ' ge. The final issue is that they have traditionally
uses the vaillml to access a wodlot further to the ibrtleast of their
property. They desire the right to continue e to do so.
TM wefili is ad their representative then presented those conn mns to
the Council. They also indicated cone®1 t1at the, wet portions of the
right of way muy not be able w ba changed due to the prese ce of
wetlands. Wynn Ste.21s i dicatal his belief that adverse possassion could
be sM . ms. I nicki stated that sbe was not intezesrsi do an ensharige
of sseventa as proposed by Erik Sdn:pfel. SM1e iMicatecl concern over
their privacy rhe w proximity of the bad to their boas?. Sbs expressed
cocern that information is bait g pr v chai to the . b .c which leads tFan
to believe that the entire nailbed is available for public use. She
relteratsl concern that their Lay field was being dmaged ad stressai
their neexi for contimed access to their woodtot for bore beating
pusoses.
Sim Rung xevie the concept of utilizing the railbad for_biking/hiking.
He noted that thele are n w a comber of £mlivirdlals win use the rai al.
. • IDv'�r new federali�* inrsy mw
, Harris re available for
i
tral projects. With�Couc approval, we applfai for ad receivd
frMing for this trail project. As work beg on City won i property
adjacent to the Essex Street raxeation area end nttrefge Poad ]anrlfill
near the toren line with Mono, we were contacted by a variety of property
oxmaxs ad current users regardful their conceams. He has over with These
fulivlduals on several occasions Lsludfrp a torn: of tte full rnilbed in
question.
Given t toreems t t have been exyrassxl, we Tuve stmt all cuamt
cork. Mr. ping ccortimrss to belfave public access to tlds area is in ilia
Citys long teen test Mtergt. At the sere tfae, h IS syapdthetic to
toe coreex s of the larckznners ani current users. He hopes that the City
aro other fltcrest d groups can work together to respud to tM1aze corcaxns
arcs profilers while a Usb'� and mauntsaxamg a reaastforal trail in
the area.
TfoRre then ensu i dfscusef.on of rumemus Issues from staff end various
cftivr s and finerestei parties fnclding: possible uses of the trail,
lsnofcap access, access to other l^* pn '� abutting the trail, pcssIDle
co�licts bcomeen uses, and the need for ,a ®m detailed plan for
develcpnent and use of the rafltal.
N regard to the specific request of Mr. 6 Mrs. fNchuckf, Use C ttee
chose n to take action at the present thre in regard to a release dad
for the p rtfon of th raillcM w ch passes L gh their buuselct and
dirstai staff to continue to work with the property owners and other
conoexn� patties on an overall plan for the railroad right of way.
3. nriefing on Cable Mdinarce
This itan was tables.