Minutes - Public Works Committee - 07/16/2002

Home

Darrel Chapman, 14095 Argon Street, said if they are going to let everyone into their project they would be liable for any accidents. He noted that when you collect on insurance your rates go up. They have to maintain their own streets and lawns and people are destroying their property. They have t o pay out of their association fees and the streets are really a shared .driveway to their home; their driveways are barely long enough for them to park in, and they also pay taxes that maintain other streets. When this project started the City officials seemed to agree with the neighbors to the north of them that the street could not go through because the dead end street is being used for playgrounds. They did not want industry in there either. Mr. Chapman explained that after several new plans and delays of several months time, they got their private drive. He does not think i t i s right i f.t he easement allows anyone to be on their properties, while their monthly association pays for it. He also does not think it is right that everyone can be in their yards and common ground, they are paying highly for their privacy. He stated they pay taxes like any other homeowner and asked why their streets should be turned into another extension of a playground. They have lived at their address since October 27, 2000. During that time as soon as the snow is plowed the emergency entrance is blocked, if they ever needed this entrance in the snow season they would have to remove snow at their expense. He suggested that the chances are slim of ever needing this entrance. The maintenance of the gate is under the association, it is common g round b ut within t he five foot easement. M r. Chapman s tared t he homeowners he talked to bought this under the impression it is a private area and getting a private gate would be a step in the right direction. Councilmember Hendriksen asked if the association fi:om Mallard Pond pushes the snow there. Mr. Chapman responded the City has piled it up on the other side and the chances they would need the road for medical reasons are very slim. Dick Kimbler, resident of Mallard Pond, stated the gate that has been proposed is a gate that can be broken away, it would not hinder an ambulance. The reason they are there is that most of them are seniors. This is not a public street and they are asking for one gate that has a break away. Their mailboxes were all left open, there is mail missing, the elderly people are worried, and the kids do not stay on the streets. He noted that in people's homes they have a right to keep people off their property, the association is their property. If someone were hurt the City would not pay for their broken leg; it would be their responsibility and affect their insurance. These are their streets and their community. He stated there are only two houses that are not on the list and do not want that gate. The object is to keep things from happening in their community; of course it would not be 100 percent sure. He restated that this would be a break-away gate so emergency vehicle access is a poor excuse for denying this. They feel they are a community, they are not trying to offend their neighbors, and they just want to protect their property. This is not a gated community, they are asking for one gate. Mayor Gamec stated he does not like the gate and has already voted down a couple of them. This is unique, however, as they have a private street. He suggested they could put up a sign that says it is a private street and there is not through traffic, however, that does not work. He is against these gates, however, in this particular case he suggests the City Council leave the gate at Public Works Committee/July 16, 2002 Page 14 of 28