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LAKE EUD CITY COUNCIL MIN MS FEBRUARY 17, 1987 PAGE 9 handicapped facilities. Knaak's conclusion was that unless a dangerous condition exists, which is a finding by the Building Official, the City cannot require construction because the existing conditions are grandfathered in. If, on the other hand, a permit is given for any reason whatsoever, the City can condition whatever other requirements it imposes and also insist that any additional handicapped access the code requires be provided. Mayor Christ summed it up that the code states that a handicapped facility doesn't necessarily have to be upgraded unless further improvements are being contemplated. Dan Krawczyk, Cimarron Park Manager, agreed that the sprinkling schedule would be done in the evenings between 10 p.m. and 2 a.m. The mowing will start from the outer perimeter Monday thru Friday not reaching the homes before 7 a.m. on the inner perimeter. On Saturday and Sunday the mowing will not reach the inner perimeter until 8:00 a.m. Year-end report on all claims and their disposition for Council review had not be received previously, but Dan stated he was now aware of this condition in the CUP. M/S/P Moe/Graves - to adopt Resolution 87-23 granting a conditional use permit to Cimarron Park for a Public Golf Course in the R-3 zoning District from January 1, 1987 ru December 31, 1987; subject to the additional conditions of moyling from the outer perimeter Monday t-hru Friday not reaching the homes before 7:00 a.m and not until 8:00 a.m. on weekends, and watering from sunset to sunrise. (Motion carried 5--0). D. Lake Elmo Heights 2nd Addition - Request to Proceed with Preliminary Plat Review Under the Old RR Zoning Cluster Provisions Don Bishop is requesting approval of a 13-lot cluster development under the old Rural Residential cluster development zoning provision. The old provisions allowed 1.5 to 2.09 acre lots up to 7 per 40 acres along with transfer of housing densities. Lake Elmo Heights First Addition was approved in this fashion. However, it was found that concept plan approval for Phase II was never given by the City. Therefore this plat proposal should comply with the new R-R cluster provisions adopted 11-18-86 (4 per 40 acres, 5 to 7 acre lot, no housing density transfer, etc.). John Stibbe, attorney representing Don Bishi.op, sent a letter to the Lake Elmo City Council dated February 13, 1987 stating that after reviewing the Lake Elmo City Council minutes for the meetings involving Lake Elmo Heights, he had found the minutes of August 20, 1985, indicating that preliminary plat approval was given for a cluster development on the entire 145 acre site. They felt the minutes indicated that the 145 acre site was discussed and it was given preliminary plat approval. Stibbe suggested the August 20, 1985 minutes be amended because the motion did not reflect the intent of the discussion. Also, a copy of a letter written by Donald Raleigh, Attorney at Lawson, Raleigh, and Marshall, to the City Administrator on March. 4, 1986 was attached and reiterated the fact that the Lake Elmo Heights subdivision