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MINUTES <br />CITY COUNCIL <br />OCTOBER 9, 2002 <br />Upon motion by Fahey, seconded by Anderson, the public hearing was closed. <br />Mr. Fahey introduced the following resolution and moved its adoption: <br />RESOI. UTION NO. 2002-10-231- APPROVING A SECOND HAND GOODS <br />DEALERS LICENSE FOR JOE'S SPORTING GOODS BASED ON THE <br />RECOMMENDATION OF THE SHERIFF'S DEPARTMENT AND CITY <br />STAFF <br />The foregoing resolution was duly seconded by Scalze. <br />Ayes (4) Fahey, Scalze, Montour, Anderson. <br />Nays (0). Resolution declared adopted. <br />PIPELINE Maya Fahey opened the Public Hearing for consideration of the adoption <br />SETBACK of a 50-foot pipeline setback policy as recommended by the City <br />POLICY Administrator. <br />Mr. George LeTendre, attorney representing Mr. and Mrs. Palmen, asked the <br />difference between a policy and an ordinance and the legal impact of each. Mayor <br />Fahey asked that the City Attorney respond to that question, as well as the taking <br />issue. <br />The City Attorney replied that a policy would be a standard of development that <br />would be recommended to the developer of a proposed development. An ordinance <br />carries the legislative force of law in both civil and criminal actions. With regard to <br />the taking issue, if the pipeline setback policy is enforceable, it would be subject to <br />the same taking argument, as would an ordinance. <br />LeTendre asked if a policy would be something the City would consider as law and <br />would it have the weight of the law. <br />The City Attorney replied that if the City adopts the policy it would have the force of <br />law. <br />Fahey asked if the City adopts the pipeline setback policy and a developer submits a <br />plat that does not comply with that policy, could the City require the redesign of the <br />plat. The City Attorney replied that a policy adopted by the Council would be subject <br />to the same attack, as would an ordinance. <br />Scalze asked if the City required a plat to be redesigned because of public safety <br />concerns, could that action be considered a taking. <br />Fahey indicated that he did not favor either a policy or an ordinance. He noted that <br />the Office of Pipeline Safety has recommended a model ordinance that would <br />