10-09-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 9, 2002 Fahey pointed out that these properties were developed many years ago when there were different standards in place. Fahey noted that in addition to the public safety concern with construction near a pipeline, there are also undisturbed leaks that can occur. Fahey stated that he was reluctant to adopt a setback policy that declares that homes within 50 feet of a pipeline easement are subject to extra-ordinary risk or harm. Fahey felt that the City could address the public safety concern with new plats under the Subdivision Ordinance. LeTendre pointed out that it was a vocal group of constituents that have raised the issue of a pipeline setback ordinance. LeTendre felt that action to adopt an ordinance or a policy was arbitrary, and felt that such a policy would be in reality the "Palmen Policy". Fahey disagreed, and noted that this is the first large-scale development that has been proposed in the City since 1979 adjacent to a pipeline. He further noted that in 1979 the Office of Pipeline Safety did not have a recommendation fora 150-foot setback from pipeline easements. Fahey felt it was perfectly reasonable and appropriate for the City to consider this issue, although he did not believe the policy was needed. Fahey stated that as the development moves forward, he would expect the developer to work with the City Council to address legitimate public safety concerns. If the developer is not willing to do this, then the development would not be approved. Scalze also pointed out the break in the pipeline that occurred in the early 1980's that was an undisturbed break and not related to construction. LeTendre asked what the City was doing to alleviate public safety concerns in the area of the Canabury development given the close proximity of the pipeline in that area. Barbara Allen appeared before the Council and indicated that she did not want to preclude development of the Palmen property. However, she had concerns with regard to the safety of the pipeline, the wetlands, and the residents in the area including the new people who will buy lots in this development. Allen presented a diagram of the Brausen property that shows the location of the easement as well as the pipelines. Allen pointed out that the easement extends onto the Palmen property. She also noted that the pipes are within the northern portion of the easement, and the diagram shows the closest pipe is 14.5 feet from the property line. Allen was concerned about heavy equipment operating on the Palmen property very close to the pipelines. Allen pointed out that when there is discussion about a 100-foot pipeline easement, the assumption is that the pipes are located right in the middle of the easement. She noted, however, that this is not the case for this easement. The pipes are actually located to the north side of the easement, likely to keep them as far as possible from the homes on the south. Allen also questioned the likelihood that a taking would occur as the result of actions to improve public safety. Allen stated that