10-09-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 9, 2002 preclude development within 150 feet of a pipeline easement. Fahey felt the approach that should betaken is enforcement of the City's Subdivision Ordinance that would allow the City to preclude development of a road within the pipeline easement area. Fahey indicated that he walked the area, and given the grades of the property, a pipeline leak would not have much impact to the south as the property slopes to the north. Fahey felt that under the Subdivision Ordinance, the City should require that the grading and drainage plan for the proposed development address the potential for a leak and minimize impact on the properties to the south. Fahey also felt that if one of the lots is too close to the pipeline and raises public safety concerns, then the City can require the elimination of that lot. Fahey felt if the elimination of that lot resulted in a taking, so be it. Anderson pointed out the action the City took with regard to access for the Edgewater Townoffice development. He noted that because of public safety concerns, the Council required that the plat be redesigned to move access from Park Street to Rice Street. The result of this action was the loss of one unit to the developer. Anderson felt that public safety issues are typically unique to each property. Therefore, he felt that these concerns could be addressed on a case-by-case basis as part of the Subdivision Ordinance. If the City is too restrictive in addressing public safety, then perhaps it is a takings issue. Fahey felt the City could look at the issue of an additional 50-foot setback and ask the cooperation of the developer. If cooperation is not forthcoming, the City can exercise its public safety authority. Fahey again noted that the City could require that grading and drainage plans provide for berming and/or containment of potential leaks from impacting the properties to the south. Scalze noted the potential impact for new property owners to the north. Fahey indicated that people buying these lots would know of the existence of the pipeline when they buy their properties. The Council had some discussion about this and concluded that the existence of the pipeline may or may not be noted on the abstracts for the newly developed lots. LeTendre asked how many properties the proposed pipeline policy would impact. Fahey indicated the potential to impact three large tracts of property, the Palmen property, the Heinel property, and the Mackin property. Fahey noted, however, that he was not in favor of adopting the policy as proposed, and felt it should be modified to apply to all large parcels of property. LeTendre asked how many properties would be in violation of this policy. The City Administrator replied that none would be in violation because the policy excludes existing lots of record. Fahey noted that from the survey prepared by staff it appears 31 properties have setbacks within 50 feet of pipeline easements. LeTendre pointed out that there are properties that have setbacks of 0 to 10 feet from pipeline easements.