12/15/2008 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Regular Council Meeting Minutes 12-15-08 Page 7 In 1970, a developer Kaplan that started the whole area here wanted to dedicate that area but the homeowners would not give in to 5 feet of the easement that they needed to have 60 feet and it ended there. Another developer came in and he finished the end of it. He put the sanitary sewers in and the storms in and that completed it. They still did not get that area dedicated. At our last meeting, we discussed this in October and it was resolved that that is a private drive. Mr. Nichols asked the Mayor if he is correct. Mayor Rinker replied that as far as he is aware, it has always been private property owners. Mr. Nichols said, but the people in that area all receive the services of the city, correct? Mayor Rinker said, right. Mr. Nichols stated that he lives on a private drive. His taxes are the same as those people if not higher. He is refused services when he calls. Mayor Rinker asked what he meant by he is refused services. Mr. Nichols said for example leaf pick-up, they don't come down. They tell you pack it. We take it to the street. If you have a problem with your sewer, Mr. Nichols was told to call a contractor. He believes they are being discriminated against. If those people get all of these services, why don't we? Mr. Nichols pay taxes just as well as they do. He gets no refund for living on a private drive. Those streets are taken care of over there. They were paved in 2000 and were repatched this year. He does not know how many other private drives there are in Mayfield Village, but those people also should have the same benefits as they are given. Some of the history that Mayor Rinker is awaxe of with Mr. Nichols' particular drive is that there were a number of property owners that did not want the Village to utilize that as a through drive. Mr. Nichols replied they had to come up with the 5 feet that they needed. Mayor Rinker replied he is talking about something different. He does not know anything about the 5 feet other than what Mr. Nichols is saying which Mayor Rinker would presume to be true. He recalls probably about 10 or 12 years ago a battle royal between two adjacent property owners dealing with access issues over that driveway. Our understanding was that there were a series of easements between property owners which are private easement rights. Those are part of the deeds. Mayor Rinker does not know that for a fact. He is not a title examiner. He thinks part of the problem with both Beecher's Brook and with North Aintree Drive is that those are typically governed by private deed restrictions. They are, handled between property owners. The configuration of Beecher's Brook is such that it is so extensively used by everybody. It's just a different arrangement; the geometry of such that over the years it has been virtually treated as if it is a public right-of-way whereas North Aintree Drive, with the way it meanders back in amongst the properties, there are privacy issues. It's just one of those things. Police officers used to drive through there and then after this one incident that we had, we directed them not to do that. It's as if it's just interlocking driveways. Mayor Rinker cannot speak about the services, you are pretty emphatic in saying you have been denied any services. Mayor Rinker would like to find out more about that. Mr. Nichols asked Doug if he said that he is not allowed to come on private drives. Mr. Metzung said as he recalls Mr. Nichols requested they clean out a catchbasin. Mr. Nichols said, the storm sewer which the city is responsible to be cleaned out. Mayor Rinker said you are making an