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MINUTES, LAKE ELMO CI'W COUNCIL, JANUARY 15, 1980 Page 3 SCHIPSKY: The City is concerned with the safety and liability factor once Mr. Schifsky is no longer involved with Poxfire. Schifsky said speed limit sighs should be posted. Mottaz asked the City's position on construction being done without permits; and, once completed, the City being coerced into accepting the project merely because it is there. Mayor Armstrong agreed; but felt if Mr. Sehifsky could provide the City with a hold -harmless agreement, with the City named as an insured on the policy, then this question could be tabled for one year, At that time$ Mr. Schifsky would ,provide the City with a plan to improve the safety that meets ,the Engineer's approval, andswer the Cityts liability question, or remove the pillars. Armstrong moved, seconded by Pott, that the bond for Poxfire be dropped to $750 provided the boulders placed on either side of the gate meet the Engineers and Btillding Inspectors approval, the bzush pile removed, and $750 be retained for future solution regarding the pillars. Motion carried 5-0. Pott suggested insurance quotations be obtained on this item. Sohifsky will have his agent send the City a letter outlining his coverage and what additional coverage will be necessary, if any, for ,just the pillars. The Administrator will verify what additional coverage the City would need to cover these pillars. This will be referred back to the City Attorney, LANES DEMONTREVILLF - HEAR.INGt The Administrator noted an additional correction, that portion west of Lake Shore Drive right-of-way has been vacated oxi both Bennett and Mack, thereby, preventing Bennett and Mack from joining the current Kill Trail North, %he Council proposes vacating Mack from the intersection of Lake Shore Drive through Argyle. Argyle would be vacated. to the north of lot 343 to the bottom of lot 324. Bennett would be vacated between Lake Shore Drive to the east line of lot 62. Mr, .D,armon Jones is opposed to the proposed vacation. Be prefers Mack be kept open for access to his property and property his is proposing to buy. The Administrator explained this proposal vacates the greatest street area, while still providing access to all affected property owners. Mr. Jones questioned why the City is vacating any of these streets. Mayor Armstrong replied the City was petitioned to vacate these streets and this proposal was the most reasonable. Pott suggested. the Council react to the petitions and let the residents involved present an alternate proposal if the petitions are denied. Pott moved, seconded by Mottaz, to deny both petitions for street vacations in Lanes DeMontreville Country Club. Motion carried J4-1, Armstrong voting nay, CIMARRON REZONING: Mr. Stephen Taylor reviewed the request for rezoning Tract 1 and Tract 2 to General Business. Mayor Armstrong read the recommendation of the Planning Commission for approval and their conditions. A representative of Brook's Supperette presented the proposed site plan. (- Armstrong moved., seconded by Pott, to rezone Tract 2 to General Business, Tract 1 to he rezoned General Business provided the conditions set by the Planning Commission are met and the County Engineer review and approve the traffic flow. Construction on Tract 1 must take place within the next nine months or said property will be returned to cur- rent zoning, Ordinance 7901'adopted by a 5-0 vote.