10-09-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 9, 2002 she did not think the City was interested in taking property away from property owners, but was concerned with protecting both existing and future residents. Fahey pointed out that if the City adopted the Office of Pipeline Safety's model ordinance requiring a 150-foot setback, the result would be to totally preclude this development and the City would be at risk for a taking. Fahey also pointed out the need to find out were the pipeline easement is, as well as the City's position that the road cannot be located within the pipeline easement in a parallel manner. Fahey felt direction should be given to the developer to revise the plat to meet that standard. He also felt that the City can accomplish what it needs to in terms of addressing public safety as part of the grading and drainage plan. Tom Hartigan pointed out that standards have changed over the past 40 years. Therefore, requirements that may or may not have been in place at the time other properties developed adjacent to pipelines is not an argument that should be used now. Hartigan also pointed out that the developer has been asked repeatedly for a diagram showing the location of the pipes and the easement area, and that information has not been submitted. Fahey stated that he would like the Council to give the developer direction that the City will enforce the subdivision ordinance and will preclude development within the easement. Fahey also pointed out that when the City gets the information relative to preliminary plat for this property, it will be in a better position to address public safety concerns. The City Administrator indicated that consideration of the Preliminary Plat is scheduled at the Planning Commission meeting for tomorrow evening. The Administrator reported that the developer submitted a plat that was sufficient for consideration. The City Engineer, City Planner, and staff have made numerous recommendations with regard to that plat, one of those being that the road must be located outside the easement area. The developer has not clearly delineated the easement on the plat nor has documented releases of easement area. Therefore, City staff is not sure about the location of the proposed road relative to the pipeline easement. Mr. Heine) felt the impact of the proposed pipeline policy on Lot 1 of his property would make the lot undevelopable. The City Administrator pointed out that the policy would not impact lots of record. However, the full impact of the policy on the development of the Heine) property has not been studied. The City Administrator indicated that the goal of the pipeline policy is first to keep the issue before the City. The Administrator also felt that a policy provided the City with more flexibility than would an ordinance. As to the issue of enforceability, the Administrator noted that the City has been able to enforce it architectural guidelines.