10-09-2002 Council Agenda - Laserfiche WebLink

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• We also looked at potential areas that would be impacted by a pipeline ordinance. The most likely appear to be: Heinel property along County Road D, east of Heritage Development; The Mackin property at the south end of Morrison Street. • We also have William's letter regarding the Preserve (copy attached). You will note that they will allow construction of a public street within their easement, even one that parallels their line. However, they make us responsible for any damages to our improvements resulting from the maintenance or operation of their pipes. This creates an exposure that is unnecessary in my opinion. Therefore, staff has recommended our road right -of -way be located outside of the William's easement. In the case of the Preserve, this increases the distance between the active pipe and any homes to be constructed. • Some other issues to keep in mind when contemplating the enactment of a Pipeline Setback Ordinance are: Potential "taking" concerns. The City Attorney will comment on this issue Creation of non - conforming uses for any structure closer to the pipeline than the ordinance requirement. This will limit reconstruction /expansion opportunities in these cases. • Staff has requested that representatives from Williams Pipeline be present at Wednesday's meeting to address the issues of cathodic protection and maintenance on their lines. I have attached a sheet that gives a brief explanation of cathodic protection for your review. Williams has also informed us that they use a "smart pig" which they run through the line to inspect the condition of the line. However, Don Jensen from Williams was unsure how often that inspection occurs. He was going to do some checking on frequency of inspections as well as determine how many times leaks have occurred in this section of pipeline. • I have also attached some of the latest diagrams of The Preserve plat for your review as well as staff comments that were generated in a review of these latest plans. Subject to comments by the City Attorney as to enforceability, it would be staffs recommendation that the City enact a policy of requiring a 50 -foot setback from the edge of pipeline easements. Given staff's position that Preserve Court be located outside the easement area, the street right -of- way essentially lies within this additional 50 -foot setback area. However, it should be noted that the policy would eliminate Lot 1, Block 2. If the proposed policy is not adopted by the Council, the City still has the ability, through the Subdivision Process, to require that the road right -of -way not encroach on the pipeline easement area in a parallel manner.