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LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 8 Attorney John Stibbe felt the outlot could be tied into the Developers Agreement. There could be a convenant against developing the outlot which would be 94 acres in size. If this is not satisfactory, they would put it into an outlet and they would not need this particular variance and go with the other variances that are needed to go forward under the old cluster provision. Acting Mayor Armstrong closed the public hearing at 9:28 p.m. Councilman Graves was on the Planning Commission when Lake Elmo Heights was before them. Graves felt they considered the entire Phase I and Phase II and gave them approval in concept for the development. He added that we are in this situation because of some mismanaged communications between the understanding on the City's part and the applicant as to whether approval was granted to Phase II. He felt the City Council gave approval for Phase I and Phase II and the developer should be allowed to proceed under the 1979 cluster development standards which was their intent right from the start. Councilman Moe was on the Planning Commission at the time of Lake Elmo Heights application and had the understanding that Phase I and Phase II had approval. Therfore, he made the following motion. M/S/P Moe/Graves - to grant the request from Don Bishop on behalf of Lake Elmo Heights for variances (1) seven units per 40 acres rather than four units per 40 acres;-(2) a transfer of density pursuant to the previous cluster zoning provisions; (3) one and one-half to two acre lots rather than the five to seven acre lots under the new cluster zoning provisions which are allowed under the 1979 Rural. Residential cluster development standards . These variances will allow the applicant to proceed with Phase II of Lake Elmo Heights under the 1979 cluster development standards. (Motion carried 3-1<Armstrong: Opposed because the Planning Commission spent alot of time on the cluster development. While she is not opposed to it being a cluster and thinks it will be a fine development, all the time spent on this should be honored.>) M/S/P Graves/Johnson - to deny granting variance (4) to proceed to plat the lots without platting the remainder of the 145 acre parcel as an outlot. (Motion carried 4-0). B. Request to Allow an Asphalt Mixing Plant as a Temporary Use on Agriculturally Zoned Land Near County Road 17 and TH 36 Highway 36 pavement will be reconstructed this Summer from highway 120 to Stillwater. The reconstruction project will remove the existing asphalt pavement and add new aggregate to the processed aggregate in order to prepare new asphalt material. This construction process requires that an asphalt mixing plant be located near the center of this roadway project. Anderson Brothers Construction Company of Brainerd will be bidding on the resurfacing project. They have located a potential site for the asphalt mixing plant on 20 acres owned by Richard Bergmann. Richard Bergmann and Don Anderson were present at the meeting to get a