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1 <br />0195 <br />COUNCIL MEETING <br />November 25, 1985 <br />Page Five <br />the City feels the road is not necessary, it should take steps to <br />vacate it and reserve easements for utilities. <br />Mr. Volk explained that this portion of Holly Drive East has been <br />a problem for public works for a number of years. It has grown <br />over with vegetation, some homeowners have made an attempt to block <br />it off and the City blocked the road on several occassions to dis- <br />courage use but these barricades have been torn down by the public. <br />Mr. Reinert said it appears the reason for laying out this portion <br />of roadway was for future development. If the City does maintain <br />this easement, then the City has some liability. Mr. Hawkins said <br />the question here would be to what degree it is maintained. He <br />referred to legislation adopted last year which outlined different <br />types of roads. This road would be designated as a non - maintained <br />road. He also explained that just because a road has been dedicated <br />to the City does not mean the City has to open it up and use it. Non- <br />use does not indicate the City is abandoning the easement. <br />Mr. Alwin LaMotte, 6497 - 12th Avenue explained he has lived at this <br />address all of his life and explained an incident that occurred sev- <br />eral years ago. He went down Holly Drive East to help a neighbor who <br />was plowing on a Sunday and became stuck. On his way home he was <br />confronted by Charles McKenna who asked what he was doing, (He had met <br />Mr. McKenna a couple of other times). Mr. LaMotte explained he helped <br />a neighbor and was on his way home. Mr. McKenna told him he had to go <br />back the way he had come because he had come from Centerville Road the <br />first time. A storm was coming and Mr. LaMotte talked to Mr. McKenna <br />about ten minutes and when he went to leave, Mr. McKenna reached into <br />his pocket. Mr. LaMotte said, "I figured, he doesn't have his gun, <br />does he? He had a can of mace and started chasing me down the road <br />spraying me with mace ". Mr. McKenna asked the City Clerk to retain <br />this record based on a slander and liable suit. <br />Mr. LaMotte continued and said he went home and his wife washed his <br />back and he further explained his neighbor Larry Bertrand had been <br />with him and also was sprayed with mace. Since this time the road <br />has been disfigured including the installation of a pond. <br />Mr. Paul Behr, 6415 Joyer Lane owns approximately 700' along Holly <br />Drive East. He has been talking to Mr. Volk about this road because <br />when he first moved to this area he was pulling people out of the <br />mud every weekend. He was told the City did not know if it was a <br />City road or exactly what its status was. Last year during hunting <br />season he was shot at by someone on the road. He said he was not <br />against people using the road for walking, horss, tractors, etc., <br />but control the traffic. Put up a gate. The cost of improving the <br />road with blacktop would be prohibitive and the people living on <br />the north side are served by Karth Road already. He did not feel <br />this would benefit anyone but would like to see the traffic controlled. <br />Mr. Charles McKenna, 1370 Karth Road, explained that the incident Mr. <br />LaMotte referred to occurred after the City had blocked off the road <br />