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LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 3 that were provided, and they urge the Council to be patient and listen to their presentation because it is long and complex. M/S/P Graves/Armstrong - to table the Planned Unit Development General Concept Plan for an Interstate Freeway Service Center at Co. 15 & I-94 until the March 17, 1987 City Council meeting. (Motion carried 5-0). B. Lake Elmo Heights 2nd Addition: Request to Cluster under the Old Zoning Provisions The City Attorney and City Administrator were asked by the City Council to research the records and respond to the request made by Don Bishop at the meeting of 2-17-87. At that meeting the developer suggested that the minutes of the 8-20-85 City Council meeting incorrectly reflected the intent of the motion to approve the Lake Elmo Heights preliminary plat. Don Bishop felt that the discussion and the motion passed on 8-20-85 should be amended by this Council to indicate that concept plan approval was given to foth Phase I and Phase II. Councilman Johnson felt this would be impossible oqruriilac.pew councihnan to change the minutes of an earlier meeting by a previous The City Council received a letter from John K. Stibbe, attorney representing Don Bishop, dated March. 3, 1987 which requested the Council consider a motion to amend the minutes of March 19, 1985 to indicate that concept approval was given to Lake Elmo Heights for a cluster development of 25 lots on the 145 acre site. They are asking the Council to do this, since it was apparent to them (the developer) that the recollection of many individuals involved with the process was that concept approval for Phase 1 and Phase 2 was given at the March 19, 1985 meeting. Stibbe researched the law regarding this area and found that a municipal council and even the clerk have the right to correct the minutes to speak the truth according to case law from the State of Pennsylvania. In City Attorney Knaak's letter dated March 3, 1985 to City Administrator Overby, Knaak stated that it appeared that the Lake Elmo Heights concept plan was accepted by the Planning Commission. There is no other clear indication on the record that the full 145 acre parcel was ever submitted as an accepted part of any preliminary or final plat. In the one instance mentioned by the developer and based on the August 20, 1985 City Council minutes, references were made to a 145 acre site as well as a Planning Commission recommendation that preliminary plat approval be granted the same development. The reference in these minutes to the August 12, 1985 Planning Commission meeting clearly indicates that recommended action involved the specific eleven lots of Phase I of the development and as platted, this did not include the entire 145 acre site. It would appear the reference to 145 acres in the minutes is merely descriptive of the location of the land and is not descriptive of the plat itself. The reason for the current difficulty and ambiguity in interpreting this provision lies in the fact that the developer