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COUNCIL MEETING November 25, 1985 Page Six with barricades and signs. Mr. Flannery was a witness to the fact that Mr. LaMotte took the signs down so he could get past the signs. Mr. McKenna said he stopped Mr. LaMotte who was then on his property, not the road easement, and asked him to wait while he summoned the Chief of Police. Mr. McKenna had previously talked to the Chief of Police who told him he did not have to allow anyone on this property. Mr. LaMotte did not want to wait for the Chief of Police and offered several reasons for not wanting to such as low on gas. Mr. McKenna was told by the Chief of Police that Holly Drive East was a cart way just fifteen (15) feet wide. The road does meander because of the swamp and trees. He has had his land surveyed and there is no ease- ment on his property. He tried to show Mr. LaMotte where the survey sticks were to prove it was his land but Mr. LaMotte did not want to do this. He said Mr. LaMotte started up his tractor and drove towards him. Mr. LaMotte said this was a mistake and he also has a witness to this fact. Mr. McKenna continued and said the City did take steps and posted "Road Closed" signs and placed dirt across the road. People in the neighborhood took it upon themselves to remove them. He also said the last car to use the road was a Lino Lakes police car which got stuck and it took some time to be pulled out. Mr. Jim Flannery, 1381 Holly Drive, presented a petition with seventy signatures of residents of Holly Drive, Centerville Road and 12th Avenue. He read the request of the petition, "We, the undersigned hereby affirm our support for keeping Holly Drive open as an ease- ment for the use of the citizens of Lino Lakes ". He is asking that it be kept open according to its-historical continuous use, which is an easement in an unimproved low maintenance situation. Mr. Flannery explained he has lived on Holly Drive since 1978 and can affirm the City has maintained that easement as late as 1979 -1980 when City trucks did come and fill up pot holes that were dug on purpose. Also he said he personally has an interest in seeing that the easement is open because his house is the only house on Holly Drive East that is serviced by power lines which come over this easement. In 1978 through 1981 it has been necessary for NSP trucks to service the power lines from this easement. In addition in 1978 the peat moss bags on the south side of Holly Drive became very dry and there was a peat bog fire that raged for several months and made it necessary for fire trucks to use this portion of the road. He noted that the houses on the north side of Holly Drive have been built after this fire and so these resi- dents are not aware of this situation. Mr. Flannery explained he and Mr. Molmberg own land along this road and would suffer very serious prejudice to their property if the ease- ment was vacated. In summary the petition is requesting that Holly Drive East be kept open for its historical uses (non- motorized traffic and form uses). It makes a difference of a ten minute walk or a five mile drive to get to Holly Drive East from Holly Drive West. He is here to affirm the rights of the public in their easement which has been maintained and utilized by this City since 1893.