09-25-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL SEPTEMBER 25, 2002 development of the east end of the property. Then the City would end up with two cul-de-sacs versus a through street. Fahey felt that the through street was the preferable option. The City Attorney was asked to comment on the taking issue for those properties that would become corner lots. The City Attorney indicated that litigation is a possibility under either scenario, the creation of the corner lots or minimizing the development potential of the Palmen property. Fahey felt that the focus should be that of the 50-foot setback ordinance or policy that is on the agenda. Fahey also felt that the City Attorney needed to provide legal guidance on the issue of the rights of the developer to have an access road to Viking Drive. With regard to the setback issue, Fahey stated that it was his opinion that the City did not need either an ordinance or a policy. He felt that requiring that the road be constructed outside the pipeline easement area provided a larger setback from the pipeline. Fahey stated his concern that an ordinance or a policy would create non-conformities in many areas of the City. Anderson noted that the Office of Pipeline Safety is recommending a 150- foot setback from pipelines, but noted that this recommendation has not been adopted by the State nor any municipalities within the State. Fahey again noted the recommendation of staff fora 50-foot policy as well as the City Attorney's concerns for enforceability. Fahey was concerned that an ordinance of this nature would create a taking situation to the extent that it would preclude new development. In the case of The Preserve, staff is saying that adoption of this policy would result in one less lot for the developer. LaValle was concerned that the pipeline is only 13 feet from the edge of the property at its closest point and was concerned that this distance was not large enough when heavy equipment will be used to construct the road. Fahey felt the 13 feet was adequate, and noted that Williams Pipeline stated that they would allow road construction within the easement itself, although he would anticipate that Williams would place some reasonable restrictions on the type of equipment that could be used within the easement. LaValle asked who would be responsible if a mishap occurred. Scalze felt the City would be given it allowed the construction of the road. The City Administrator noted that the City has constructed roads in close proximity 10