09-25-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL SEPTEMBER 2.5, 2002 Fahey disagreed that the homes were crammed into the area noting that lot sizes range from 14,000 to 15,000 square feet while the City's minimum lot size was 10,000 square feet. Hartigan felt a reduction in the number of lots was justified given the wetland and safety issues. He also felt that the Arcand and Brausen properties would be victimized as a result of a road connection to Viking Drive. Tom Kelly, Viking Drive, reported that the soil may still be tainted in this area due to the last pipeline leak. Kelly indicated that he needs some reassurance from the City that this area will be developed in a safe manner. Kelly indicated that his goal was not to stop development. Kelly stated that he was scared and needed assurances from the City that the area was safe. Fahey noted that the State Legislature has said that a safe standards is that there is no construction of structures within a pipeline right-of--way. Mrs. Kelly appeared before the Council and indicated that initially her focus was on stopping construction. However, that focus has changed to one of public safety. Kelly indicated that she did not feel that Williams Pipeline had any concern for the neighborhood. Kelly asked that the Council focus on public safety. Fahey noted that the City cannot change the location of the pipeline, the City can only regulate development adjacent to pipeline areas. Fahey pointed out that precluding development in this area will not impact the Kelly's sense of safety. The pipeline cannot be moved. Fahey noted that property owners and the City have to rely on Williams to inspect and maintain the line. Fahey noted that the State of Minnesota has determined that there shall be no construction of buildings within a pipeline easement. Fahey felt that the City would be hard-pressed to require more than that standard. He also noted that the City has not even gotten to the point of discussing with the developer the issues of grading and berming that could minimize the impact of a leak should one occur. Fahey stated that he has heard the safety concerns expressed by the neighborhood. He agrees that the City should take steps to minimize these concerns, but noted that the City also has to balance the rights of the property owner/developer. Tom Hartigan noted that the Office of Pipeline Safety is recommending a 150-foot setback. Fahey pointed out that the State of Minnesota has the legal authority to adopt this recommendation and has not. The State has said no development of structures within the easement area. Fahey did not feel there was enough evidence to support the adoption of a stricter 13