09-25-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL SEPTEMBER 25, 2002 standard than what exists in State Law. If that were done, Fahey stated that he would feel the City had taken away property from its owner. Fahey also noted that every other taxpayer in the City will then have to pay for that property. Fahey further noted that even if a stricter standard is adopted, it will not take away the safety concerns that the neighbors have. Steve Brausen, 465 Viking Drive, asked if the City was considering requiring that the entire road right-of--way be off the Williams Pipeline easement. Fahey replied that that was correct. The effect would be that the proposed houses are from 80 to 130 feet from the edge of the easements. Brausen indicated that there are some areas where the pipeline is only 13 feet from the edge of the property line. Brausen indicated that the pipeline easement extends into the Palmen property. Brausen pointed out that the proposed development of the Palmen property would result in a devaluation of his property given the proposal would put roads on two sides of his lot. Brausen noted that while the developer will make money on this development, it could be that his property will be devalued. Brausen indicated that he thought that zoning ordinances where in place to protect property rights. Mrs. Kelly indicated that her concern was with public safety, and stated that she was not convinced that this is safe. Fahey pointed out that the City has no authority to regulate the pipeline. Williams has indicated that the pipeline is safe, and if it isn't, they should betaking steps to ensure safety. Fahey felt that the City has no ability to impact the safety issue except during the construction phase of the property. Fahey pointed out that at this point there has been no discussions with the developer relative to what should be done to ensure public safety. Fahey noted that the City would have the ability to require the design to include swales and berming so that if a leak would occur it could be contained and its impact on the area minimized. Fahey also noted that the people who will buy the homes that are being proposed will do so knowing that there is a pipeline in this area. They will buy if they feel there is no risk to public safety under normal circumstances. Mrs. Kelly stated that she realizes that the property owner has a right to develop his property. She felt, however, that the focus should not be on what other cities are doing with regard to pipeline ordinances, but rather on public safety. 14