03-06-1989 CC MIN - Laserfiche WebLink

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MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. MARCH 6. 1989 e MEMBERS PRESENT: Mayor Tralle. Councilmembers Kropuenske. Dobel. Schuldt. Holmgren MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers. City Administrator; Stephen Rohlf. Building and Zoning Ad.ministrator; Richard Fursman. Economic Development Coordinator 1. Pursuant to due call and notice thereof the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consideration of 3/6/89 City Council Agenda COUNCIL MEMBER DOBEL MOVED TO APPROVE THE 3/6/89 CITY COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consideration of 2/27/89 City Council Minutes COUNCILMEMBER COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 2/27/89 CITY COUNCIL MINUTES. KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 4. Open Mike 4.1. City Building and Zoning Administrator, Stephen Rohlf, was present to discuss with the City Council a legal issue that has come to the attention of the City Staff that relates to the approval of the final plat for the replatting of Block 2, Barrington Place PUD. On 2/13/89 the City Council approved the final plat which called for 19 residential single-family lots. The legal question presented to the staff after this approval was that some of the lots in this subdivision did not meet an 80% guideline for minimum lot size. Stephen explained that when the PUD was approved the minimum lot size was 6.500 square feet. The guideline for lots within the PUD call for all single-family lots to be within 80% of this requirement. which would be 5.200 square feet. Stephen noted that the language listed in the PUD agreement states that lots should be within this square footage framework. The language does not say shall or must, but uses the phrase "should be" which allows for City Council discretion and flexibility. e Stephen indicated that there are three basic options available to the City Council. The first option is to require these lots in this plat to meet 80% of the existing minimum square footage per lot, which is now 10,000 square feet. A second option is have all of the lots meet the 80% guideline of the old residential standard of 6.500 square feet. The third option is to do nothing and have the plat approval stand because the lot average is in excess of 5.200 square feet. Stephen indicated that this is very much a City Council decision and that the staff cannot make a determination because this type of decision falls outside of our line of authority.