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Planning Commission - 01/21/1980 - Joint Meeting AGENDA ___-- - TDTV i.ii a, vv OJAI%1A L� PLANNING COMMISSION JOINT MEETING MONDAY, JXNUARY 21, 1980 - 7: 30 PM, CITY HALL CITY COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Jsterholt, Sidney Pauly, and Paul Redpath COMMISSION !MEMBERS: Chairman William Bearman, Li4 Retterath , Oke Martinson, Matthew Levitt, Virgiaa Gartner, and George Bentley STAFF MEMBERS: Chris Enger, Director of Planning Jeanie Ohnsorg, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL I. APPROVAL OF AGENDA II. ITEMS FOR DISCUSSION A. Are penalties in our ordinances and development agree- ments strong enough to assure compliance' B. Planning Commission recommendations based on changes to a developer's plan. C. Energy conservation in Planning. Development of remaining parcels according to the Guide Plan goals. D. Evaluation of a development based upon a past track record. III . ADJOURNMENT I� JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES MONDAY, JANUARY 21, 1980 CITY COUNCIL MEMBERS PRESENT: Mayor Wo1 fcano PPn-y01 a, 4 O Co — ti vwa 1L.1111K111 Dean Edstrom CITY COUNCIL MEMBER ABSENT: Sidney Pauly, David Osterholt, and Paul Redpath PLANNING COMMISSION MEMBERS PRESENT: Chairman William Bearman, Matthew Levitt , Liz Retterath, Virginia Gartner, and George Bent3Py PLANNING COMMISSION MEMBERS ABSENT: Oke Martinson STAFF MEMBERS PRESENT: Roster Ulstad, City Manager; Roger Paulv, City Attorn;,y; Chris Enger, City Planner; Jeanie Ohnsorg, Planning Secretary I. APPROVAL OF AGENDA The agenda A-4s approved provided that the following items be added: E. Discussion on the progress of the Hennepin County Library. F. Discussion on Read improvements in Eden Prairie. Approval was unanimous. II . ITEMS FOR DISCUSSION A. Are penalties in our ordinances and development agreements strong enough to assure compliance? Bearman summarized the concerns of the Planning Commission on this subject, explaining that there have been some violations to developer's &Xreements by the developers causing, in some case4 irrcversable. damage. Roger Pauly, City Attorney, stated that there is the possi- bility of separatin& the developers agreement into two parts; one being the items that are filed with the county, the other being items that are not filed with the county. He also stated that there is a possibilitycf including more items to be assured under a bonding committsent. Comission bsd the fallowi:lS inures owt can be done sifter the developer has already done damage. How should the City measure the damages caused by the developer? How can the City determine if the damages were intentional or an error of the person hired to do the construction? Joint Meeting Minutes -2- January 21 , 1980 . w t What can be done in this area in order to keep the public's confidence in the City Council and the Planning Commission? Mayor Penzel requested that Roger Pauly look into what legal action can be taken to enforce the developer agreements. B. Planning Commission recommendations based on charges to a developer' s plan. The Planner gave an explanation of this topic , and summarized the concerns of the Planning Commission. The Commission emphasized that when they make recommendations for appoval of a project subject to stipulations that they wish it to be considered a recommendation for approval only if all the stipulations are met. The Commission will in the future include in their motions extra emphasis on these items. Mayor Penzel respC;]Lded that he felt in most cases the Council does not alter the Planning Commission recommendations, how- ever, in some cases the Council had exercised there discre- tion on specific items based upon discussion presented to the Counc i.l . Bearman stated that he felt it might be clearer to forward items to the Council having worked out most of the stipula- tions ahead of time. C. Energy conservation in Planning. Development of remaining parcels according to the Guide Plan goals. The Planner explained that cn the remaining undeveloped parcels cf land in the City, energy conservation should be considered. One of the ways the City can have an effect on energy conservation would be through providing develoFrmit incentives for cluster housing by the use of density transfer from the imbuilJable portions of the site. Mayor Penzel inquired if the flood plain 26ne that was adopted two years ago prevented development in the flood plain? The Planner stated that this ordinance does not prohibit devel- opment in the flood plain but does require a developer to obtain a permit to fill or develop portions of it . Roger Ulstad stated that at the present time the City may allow up to 20% enchroachment into the flood plain. Mayor Penzel stated that he felt it May be a good idea to allow density transfer on only developable land. The Planner questioned whether density transfer would have any meaning if- it were only allc*ed on developable land. Joint Meeting Minutes -3- January 21 , 1980 Dearman stated that he felt that there was an advantage in allowing density transfer from undevelopable land in that it provides density on the gross basis it has been planned for in the over all services structure of the City. He felt that building the number of units planned for could be profitable to the City in that it helped reimhur%e previnijcly incurred costs. There chid not seem to be any concise policy out of the discussion as to how to treat density transfer in general . The feeling seemed to reflect review of projects on an in- dividual merit basis. D. Evaluatiun of a development project based upoi, a past track record. Bearman summarized the concerns of the Planning Commission and inquired if ;;hey can use the developer's past track record in evaluating thier proposal for approval or denial . Roger Pauly stated he would not advise formalizing a devel- opers past track record as it cculd cause legal problems . He stated that it is best to handle this through enforeement of a developer' s agreement. The Planner stated that there is a certain amount of trust in the developers agreements and inquired what can be done if a developer has shourn the City that he can not be trusted. Mayor Penzel requested that Roger Pauly look into what legal action can be taken in this area. E. The Council and Planning Commission also had discussion on the Hennepin County branch library in Eden Prairie, and highway improvements for Eden Prairie highways.