Minutes - Public Works Committee - 07/16/2002

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that location based on this not being a City owned street, Mayor Gamec noted this is unlike the one they took down in River Pines, and if it were on a public street he would take it down. Motion by Mayor Gamec, seconded by Councilmember Anderson for discussion, to recommend that the City Council keep the original developer's agreement. Further discussion: Councilmember Anderson asked if the question was not whether or not to take the gate down, but not to extend it to exclude pedestrian traffic. The developer's agreement calls for a gate and the question here is whether or not the gate should be expanded to prevent pedestrian traffic as well as vehicular traffic. Mr. Kimbler said the problem is not the traffic from cars, but the pedestrians walking through that do not stay on the street. Mayor Gamec said the City already made a decision the gate would be there, if the residents wanted to have a different gate installed they could do it with the developer. City Engineer Jankowski explained the action by the City was that the residents presented this gate and staff said this was not What they envisioned. They asked the developer not to install it until they discussed it. They have had police complaints and they have had residents from Flintwood who disagreed with the residents of Mallard Pond as to whether they can go through.' The whole discussion surroUnding this connection relating to the developer's agreement focused on vehicle trips, there was never any focus on pedestrians. Councilmember Hendriksen commented this is a private right-of-way on a private street and except for the street itself the residents do not have to even come to the City. This gate is almost like a privacy fence; there is nothing to stop them fi.om putting a privacy fence around the whole development. City Engineer Jankowski explained he discussed this with the City Attorney. He advised if they chose to post no trespassing signs it would have to be voted on and done by the association, it would then be enforceable. Councilmember Anderson commented the association must stop piling snow up against the gate. City Engineer Jankowski responded after a certain point in the development that would be maintained; there have not been a substantial number of residents there yet. Mr. Kimbler said they would make sure the snow is gone on their side of the gate. MayOr Gamec said this is their association and as long as they stay on their property they could do as they wish. If they wanted to they could put an extension where the gate comes down, however, they might be creating more of a problem. The City has done their part, with this being a private street, whatever they do they are on their own. Janet Kimbler, resident of Mallard Pond, stated they want .to be neighbors and the Christian thing is to be good to these kids. A lot of the kids in the Flintwood Development come from rough families and they do not have any respect. She has tried, but they are rude kids that have been raised that way. Ms. Kimbler stated she is frustrated; this has been going on since they moved there. The kids walk on their grass and throw rocks. She stated they want to be part of this community and be proud of their community, most of them paid cash or close to cash for their homes, and this is their last home. She stated they plead with the Council to vote yes. Motion carried. Voting yes: Mayor Gamec, Councilmembers Anderson, Hendriksen and Zimmerman. Voting no: None. Absent: CoUncilmemberKurak. Chairperson Zimmerman recessed the regular Public Works Committee meeting at 7:53 p.m, Public Works Committee/July 16, 2002 Page 15 of 28