10-23-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 23, 2002 letter from a lawyer representing Dayspring Development. The City Attorney stated that he is not aware of any statutory or case law that prevents the City from enforcing this policy. Hartigan concurred. Tom Duray appeared before the Council and noted that as a Planning Commission member it was his opinion that there may have been a different outcome at the Commission meeting had the full Commission been present. As a resident and a business owner, Duray expressed strong opposition to The Preserve plat on the basis of its density and the impact he felt this density would have on the ecological balance of the adjacent wetland area and the east portion of the City. Duray indicated that there were two other issues to consider. The first is the cost potential to the City should it be necessary for Williams Pipeline to disturb the road. Duray pointed out that the taxpayers in the City are at risk for this cost. The second issue is that of public safety, and it was his position that crossing the pipeline easement with a street in the area where a rupture has already occurred increases the likelihood of another rupture. Duray was concerned for the integrity of the pipeline during construction of the proposed road, as well as afterward when there are plow trucks and maintenance activities on the road. Duray felt that while the homeowners in the area are already at risk, the construction of a road only increases the risk. Duray did not feel that the additional homes in the area were a good trade off for public safety. He requested that the Council deny the preliminary plat for The Preserve. Fahey pointed out that as part of these discussions there has been no inclination by the Council to change either the road location or the 50-foot setback policy that was adopted. Therefore, he considered those two issues to be closed. Fahey felt that the Council needed to focus on the remaining issues, one of which is whether or not Preserve Trail should be developed connecting Preserve Court to Viking Drive. Fahey felt it was appropriate to loop the road system from a public safety standpoint. Scalze felt Preserve Trail should not be improved through to Viking Drive given the fact that interior lots will be changed to corner lots. Scalze indicated that she would not be happy if this happened to her property, and felt the development of Preserve Trail through to Viking Drive will change the character of the neighborhood. Scalze noted that she lives on a long cul-de-sac street and felt this creates a wonderful neighborhood. She noted that the Council did not improve Jackson Street connecting Bluwood and Australian Avenues because of opposition from the neighborhood to making this connection. Scalze noted that it would still be possible to loop the utilities without improving Presewe Trail. Fahey indicated that the City did not loop Bluwood and Australian Avenue because the loop would serve no practical purpose, not because the neighborhood was opposed to the connection. Fahey noted that when the Council reviewed the concept plan for The Preserve, it questioned the long cul-de-sac and recommended that a second road access be provided. 13