CLINTON — With inaugural Lincolnway Railpark occupant RAIL.ONE requesting City Council support as it tries to create a public well, discussion on the matter will take place at Tuesday’s Committee of the Whole meeting.
A memo submitted by John Frey, special counsel for RAIL.ONE and former interim city attorney for the city of Clinton, states Iowa Department of Natural Resources’ regulations require the company to create a public well for garnering a water supply. In order for one to be established, by law the company must have control of all property within 200 feet of the well.
According to Frey, the 200-foot buffer is a problem because “RAIL.ONE does not own all of the property which would fall within the circumference of this circle.” Designs he submitted show the proposed well site impacts 27,773 square feet of current city-owned property, and the plans also may interfere with lead track extension plans east of RAIL.ONE.
“In order for RAIL.ONE to exercise control necessary to qualify for a public well permit,” read the memo, “it must either own the property within the circumference of the circle or have an easement allowing RAIL.ONE to control use of the property within the circle. This in turn could present an impediment to development of city property to the north of RAIL.ONE.”
Additionally, “(i)t appears the RAIL.ONE ‘circle of control’ would impact the proposed path of future track E” of the track extension. Moving the track extension also proves problematic, according to Frey.
“Even if track E could be moved to the north, the ‘circle of control’ might adversely impact development of city-owned property to the north of lots 5 and 6 in the Lincolnway Park...” the memo read.
To solve the problem, RAIL.ONE is hoping the DNR will accept a variance request that waives the “circle of control” component. This would allow the company to establish the well in its proposed spot without inhibiting neighboring developments.