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MINUTES <br />CITY COUNCIL <br />SEPTEMBER 25, 2002 <br />Fahey suggested that if the Council thinks a 50-foot setback from the edge <br />of the easement is needed, then an ordinance should be adopted. Fahey <br />asked the City Attorney his opinion on the taking issue. <br />The Attorney replied that to the extent that development is harmed, there <br />may be property owners who would feel that a taking had occurred. The <br />Attorney also noted the letter that his ofI"ice received from an attorney <br />representing Dayspring Development indicating their feeling that an <br />ordinance would be improper and alleging the potential for litigation. <br />Anderson asked if the City adopted an ordinance if it would create the <br />potential for taking issues for all the properties in the City that become <br />non-conforming as a result of the additional setback. <br />Fahey expressed concern about the impact that an ordinance or a policy <br />would have on these properties that would become non-conforming. He <br />noted that these property owners would be obligated to disclose the non- <br />conformity and that as a result of the ordinance or policy the City has <br />deemed a potentially hazardous condition exists on their properties. Fahey <br />felt that unless there was an overriding public safety issue, he was not <br />excited about adopting a restrictive ordinance or policy in terms of <br />setbacks. Fahey noted that pipeline ruptures more commonly occur when <br />there is digging in the area of the pipeline, and not in the normal day-to- <br />day operation of the pipeline. Fahey indicated that he did not favor <br />adoption of an ordinance or a policy, but did favor staff's recommendation <br />that the road proposed as part of The Preserve plat not be allowed within <br />the pipeline easement other than to cross the easement for access to Viking <br />Drive. The result of this would be an increased setback for the homes <br />proposed as part of The Preserve from the edge of the pipeline easement. <br />Fahey also suggested that the City review the grading and drainage plans <br />for The Preserve in terms of reducing impact on the a~~ea should a leak <br />occur. Fahey felt there were things that could be done in terms of <br />berming, etc. to minimize the impact of pipeline leaks on the homes as <br />well as the wetland. <br />LaValle asked the location of the pipes within the easement. The City <br />Administrator reported that the developer has not provided the City with <br />that drawing as of yet. They have located the pipe in three or four areas <br />within the easement, and it appears that at the closest point the pipe is <br />about 13 feet from the edge of the property line. <br />LaValle asked who would be responsible for a mishap that might occur if <br />the developer is allowed to build up to the edge of the easement. Fahey <br />replied that that would depend on the circumstances, but suggested that <br />everyone would be sued. Fahey pointed out that there is no consensus in <br />