10-10-2002 Planning Comm. Minutes

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MINUTES PLANNING COMMISSION OCTOBER 10, 2002 Allen pointed out that State Statute keeps buildings and structures off the pipeline easement, and the City has adopted a policy of an additional 50- foot setback from the edge of the easement. McDonell replied that the policy was not in effect prior to submission of the preliminary plat, therefore, it does not apply. McDonell reported that the City Attorney has been submitted a copy of the case law with regard to that issue. David Crary noted that the Office of Pipeline Safety does not allow even a ballfield on a pipeline easement for safety reasons. Crary questioned why, then should a road be allowed on an easement. He also noted that the State Fire Marshal recommends that road not be improved within pipeline easements. McDonell indicated that the Office of Pipeline Safety has said there is no reason for the plat not to be approved. He noted that Don Jensen of Williams Pipeline asked this specific question of the Office of Pipeline Safety, and their reply was that there was no reason not to approve the plat. Crary disagreed with McDonell's representation. He also noted that the pipeline is now 50 years old which raises additional safety concerns. Knudsen asked for McDonell's reaction to both the City Engineer's and City Planner's recommendations. McDonell replied that he has no objection to the pure engineering recommendations made by the City Engineer. With regard to the City Planner's report, McDonell indicated that he objected to recommendations #1 and #2. McDonell reported that they have no objections to recommendation #3 which involves additional landscaping. Recommendation #4 to eliminate Lot 1, Block 3, McDonell objected to and indicated that there is little objection from the adjacent neighbors with regard to the creation of that lot and layout of Preserve Trail McDonell objected to recommendation #5 and felt that the Lots 1 and 2, Block Z met the City's requirements. He also noted that the City's 50-foot setback policy cannot be applied to this plat. McDonell indicated that recommendation #6 relating to additional landscaping along the wetland edge was acceptable. McDonell felt that recommendation #7 was vague and again noted that he was agreeable to the pure engineering recommendations made by the City Engineer. The City Administrator noted that the representations made by McDonell this evening that Williams Pipeline has indicated they will not impact the street have not been communicated to the City by Williams. In response to McDonell's earlier comments that there are other City streets that parallel on top of pipeline easements, the Administrator pointed out that one of these streets is a County road. The two others were road that were -$-