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23~Q <br />SPECIAL MEETING JULY' 6, 1966 <br />Mayor Nilsen opened the Public Hearing at 8:00 P.M, to hear all persons <br />present upon a petition of the abutting property owners for the vacation <br />of the Rug les Street Walkway between Pascal and Holton Avenues, said <br />walkway being approximately 12 feet wide and 269 feet in length. C lerk <br />Strandquist read official notice of hearing and said petition. Council <br />members present were: Mayor Nilsen, Clerk Strandquist, Trustees Black <br />and Warkentien. Absent: Trustee Stone. <br />There were also approximately twenty people present. <br />1 <br />i <br />~: <br />Attorney for the petitioners to vacate walkway, Jerome Beardsley, gave <br />opening statements regarding same. In part he stated that the petitioners <br />are the same as presented petition in 1960 with the exception of one. Con- <br />ditions have changed considerably since 1960, and continued use of this <br />property as walkway has resulted in consistent v iolation of rights in the <br />use of this property, and deprivation of enjoyment of their own property. <br />Lawns have suffered, shrubs as well as trees, clotheslines; there has been <br />fighting to disturb the peace, window peepers, motor bikes and bicycles. <br />Property owners have been subjected to scorn and abuse. The users do not <br />stay in the walkway and have created hazards when property owners back out <br />of their garages. There actually is only a minimum need for the walkway- <br />the school children cannot use the back door of the school-there is no longer <br />a bus running on Pascal Avenue. There has been property damage. Night use <br />has increased in the summer and questionable characters have been. seen there <br />in recent weeks. It is belief that public. would not suffer hardship if this <br />petition were granted. <br />The village does not maintain this walkway and those property owners, by <br />heavy taxes have rights to the full use of their property and these rights <br />are being denied, Beardsley concluded. <br />Mrs. Hefty <br />1857 Holton: We have lived here for about fifteen years and we were <br />aware when we built our home that there was a walk. It <br />was suggested that we build it in the present position, <br />so we only have nine feet on the side of the house. <br />Little children follow the grown up and go through there. <br />They use our sidewalk, ,jump hedges, go behind our cars. <br />Several times I have had narrow escapes. Children have <br />spit at me, thumbed their noses at me, even when I got <br />out and warned them they might get hurt. We stated in <br />1960 that we could tolerate the little ones, but no <br />bikes and motorcycles. It was decided no sign would <br />be put up then. It did stop for quite a while. Then last <br />year we have taken continuous motor scooters, bicycles, <br />ice skates-everything you might think of, plus things they <br />have accused us of doing that we did not do-they have been <br />very nasty. We havd had window peepers, surly characters <br />anywhere from 9:30 to 10:00 P.M. I have a thirteen year <br />old daughter and I am concerned. We know from the foot- <br />prints in the snow that they have been there. No privacy <br />at all. We felt that this time when we contacted Mr. <br />Beardsley something would be done. <br />There has been more use of this walkway since the petition <br />was filed. The older boys use it continuously-dust go <br />