C Planning Commission JOINT MEETING
CITY COUNCIL
&
PLANN1NG COMMISSION
MARCH 5TM, 2001
Roles and Responsibilities.
Attachment: Maintaining the Edge, Information, Resources and Tips for
Working with Appointed and Elected Officials.
2.) Ethics Policy / Code of Conduct.
3.)
Adoption of Community Values.
Attachment: Community Values Resolution
4.)
s.)
City Council Liaisons.
Attachment: Mr. Botcher's February 21, 2001Memorandum
- To save staff and applicant time and expense. Less "hassle" and delay.
- To represent the collective philosophy of the city council.
- To provide guidance on policy level issues.
- Possibility of future empowerment of the planning commission to have final
say on issues like variances, site plan review, etc.
Visions / Guiding Documents.
- Bluff Creek Corridor Natural Resources Management Plan
- Hwy. 5 Corridor Study.
6.) Miscellaneous.
Planning Commission Update
Comprehensive Plan Rezoning and Land Use Changes
This is the final step of the comprehensive plan
implementation
Glitch Ordinance
This is a series of amendments clearing up ambiguity in the
subdivision and zoning ordinance. (Staff will take one at a ·
time on available agendas).
Flag Lot Amendment
During a work session this item will be further discussed.
Arboretum Village
Putte Homes rezoning of 120 acres 379 units.
Nuisance Ordinance
Staff has met with the city attorney regarding noise complaints. There
are an increasing number of complaints that we are unable to resolve.
While planning department does not enforce this chapter, noise is
discussed in Chapter 20. The city attorney has drafted an ordinance.
If the amendments are just to chapter 13 the amendment may go straight
to the city council. (attached)
Design Standards
Staff has been working with the city council in trying to modi~ design
standards. Several discussions have been held and there seems to be a
consensus to a 50-75 percent brick or better requirement. It was left
with the staff to take pictures of other community. When an ordinance
is presented it will go the city council via the planning commission.
Lakeshore Landscaping
Consider an ordinance that would require landscaping on
lakeshore lots.
Existing Neighborhood Standards
Consider an ordinance that would require an average lot size, and
building height based on existing neighborhoods.
Presbyterian Homes
They are looking at possible 160 assisted and independent
living rental units at villages on the ponds. The site is just
west of the church.
Fertilizer Ordinance
Create an ordinance that limits or prohibits the use of phosphorous.
(Issue paper attached.)
Ongoing Issues
Doug Hanson has prepared a draft design for a 30-36 unit apartment
Sept - Winter
2001
Work
session
Feb 2001
Winter 2001
Winter 2001
Winter 2001
Ongoing
Winter 2001
Spring 2001
Winter 2001 ?
Winter 2001
complex on Santa Vera next to his existing building and the city park
Ashling Meado~vs
Lundgren Subdivision at the intersection of Galpin and Lake Lucy.
Traditional RSF subdivision with 50 + lots.
Code Enforcement
Home occupations violations
R & B Landscaping
JB Landscaping
Conditional use standards
Proj eot Management
Lake Susan Apartments
March Glen Subdivision
Paisley Park- studio addition
Feb 20,2001
Both have been
resolved
Mattson Property
Industrial guided and property that is located south of Stone
Creel and just west of the Bluff Creek and north of Lyman.
The site is apProx 80 acres. Part of the site is in the Bluff
Creek Overlay District.
Site Plans
Chanhassen Lakes Business Park #7, Lot 8 Block 1 28,821 sq. fi.
Office/Warehouse
Chanhassen Lakes Business Park #7, Lot 7 Block 1 26,040 sq. ft.
Office/Warehouse
Conditional Use and Site Plan
Westwood church 184,940 sq ft
Winter or
Spring 2001
Feb 2001
Feb 2001
Spring 2001
g:\plan\ka\pc update.doc
Appoft te. arid Ele d Ofti lals.-- Carolyn Braun-
Planning Director, City of Anoka
THE PLANNING COMMISSION AND TI{E GOVERNING BODY:
MISUNDERSTANDING OF ROLES
The misunderstanding of roles is one of the most common barriers to a
positive relationship between governing bodies and planning commissions.
The governing body has the responsibility of appointing the members of the
planning commission. It is the govern/rig body' s job to create a capable
planning commission with a balance of expertise and experience. After that,
the governing body needs to let the planning commission do its job.
The planning cormnission and governing body have two distinctly different
jobs. Members of the governing body are elected policy makers who are
responsive to the public whom they represent. Planning Commission
members, on the other hand, are not policy makers. They are appointed to
work within the ordinances adopted by the governing body. They work with
already established policy and do not change the policy or make a decision
on a specific request based on policy. It is the planning commission's role to
apply the ordinance. If the planning commission is concerned about the
impact of applying a given ordinance, it is their role to recommend changes
to the governing body. It is not their role to base a decision on what they
would like the ordinance to say. Even in rewriting an ordinance or developing
a new ordinance, the planning commission functions as a technical consultant
and the governing body is still the policy maker.
UNDERSTANDING THE DIFFE~NCE IN DECISION-MAKING
Technical vs. Political Decision Making
Planning Commissions and Governing Boards may reach different decisions
on the same request. Why does this happen? Both bodies have the same goal
of acting in the public interest. Then why the difference?
Planning Commissions base their recommendations on interpretation of the
code as it relates to a specific request. This approach is essentially regulatory
compliance blended with policy interpretation. At the Governing Board
meeting, however, broader socio-economic and cultural issues are blended
with policy. So, when a governing board reverses a planning commission
recommendation, it is often due to the expanded scope of"compatibility,"
"quality of life," and other overriding considerations of similar nature.
Planning Commissions often measure and make planning decisions based on
whether the decision will create the best outcome in relation to the ordinance
standards. For example, the Planning Commission will work to reduce, a
variance to the least amount possible. The Governing Body, however, may
look at who receives the most benefit and whether the variance'-- regardless
of the actual mount -- impacts others. As a result, decisions from the
Governing Body may be more responsive to existing voters.
Planning Commissions also evaluate requests based on a comprehensive
approach, using the comprehensive plan as a guide. Governing bodies,
however, prefer a more incremental approach that analyzes only the request
at hand. The incremental approach has less political risk.
Finally, Planning Commissions are more likely to be receptive to technical
presentations. Governing bodies are often more effected by presentations
with an emphasis on public sentiment, such as a strong emotional
presentation opposing a project.
2000 L~PPER ~IDWE$'r REGIGI~A.L PL~.Hf~IHG ¢OHFEI~ERCE
EFFECTIVE COMMUNICATION
Given the difference in roles and methods of decision making, it is important
to have effective and appropriate communication. The governing body needs
a way to provide collective guidance to the planning commission and there
needs to be a way for the planning commission to share the background and
process that leads to a recommendation to the governing body.
STEPS THAT CAN ENHANCE COMMUNICATION
1. Hold a yearly workshop to review and agree on roles, to discuss common
connnunity goals, and to establish the general work agenda for the year.
TIP: Allow enou~ wor 'kshop time before major issues so that recommendations
can be fully understood and questions answered before the political debate.
TIP: Agree on ground rules for joint meetings, public statements and informal
workshops which -include mutual respect.
TIP: Facilitated joint workshops may be helpful on issues that have created or
have the potential to create difficulties bem, een the tTvo groups.
TIP: Ordinance and plan development processes should include community
input early in the process to reduce the likelihood of conflict in the approval
process.
2. Produce a regular update to the governing body that reports on issues of
mutual interest.
BUILDING RELATIONSHIPS
Building bridges through effective advocacy.
h~ any community, there are steps that can be taken to make sure planning
commission aims and policies are clear to the elected body, with the long-
range goal of mutual understanding and support.
Attend your governing body's meeting when an appeal of one of your
decisions is being considered.
While it 'may not be pleasant to hear the discussion of those who disagree
with you, you will be able to experience the feeling of the elected officials
and the public on speci, fic issues. If the planning commission decision is
overturned, the planning conmfission may want to informally revisit the issue
to determine why and if a different approach is warranted.
Be acquainted with the political platforms of the members of the
governing body.
If planning is not important to an elected official, you may want to arrange a
visit to explain your position and the positive results planning has on your
con~nunity - and also listen to the elected official's contrary ideas.
Do not rely entirely on staff to convey 3'our message.
In most cases, reliance on your professional staff is a satisfactory way to
carry out the planning commission' s objectives. However, there may be times
when the planning commissions feelings are best expressed by a planning
conm~ission member (often the chairperson).
Suggest a retreat or informal workshop among planning commission
members and elected officials to try to come to consensus on a common
vision, goals and objectives. Even if the best you can do is agree to disagree,
you will have heard each other and learned something.
The relationship between the elected official and appointed boards should
always be cordial, even in the heat of battle. You can do a great deal to
make it so.
Excerpted in great part fi~om "Working Effectively with Elected Officials," by
Elaine Cogan, PCJ, Fall 1995.
Source: Planning and Zoning Administration in Utah
Second Edition, 1989
Center for Public Affairs and Administration
University of Utah
As a member of the Planning Commission who is vitally interested in
building and maintaining a viable community in which to live, work, and play, I hereby resolve to:
· Support and defend the Constitution of the United States of America and the Constitution of
the State of Utah.
· Uphold the laws of the United States of America and those of the State of Utah.
· Concern myself with the advancement of the pubic interest in all matters that come before
me.
· Place the competence and effectiveness of service to the public above all iAterests of persons,
factions or parties.
· Endeavor, through diligent attendance, to represent the best interest of the community as a
whole as I have been appoLnted to do.
· Seek to assimilate all pertinent information on matters before ti~e Planning Commission prior
to committing myself to an irrevocable judgement or decision.
· Prepare mvself for all items scheduled for presentation to the Planning Commission.
· Strive to provide fiscally sound policies, matching expenditures to funds budgeted.
· Not make available to an,,' one citizen any services, tangible or intangible, that are not equally
available under the law to any other citizen.
· Abstain from participation in a decision of the Plar'aning CommLission and/or the governing
body in which I have a conflict of interest.
· Avoid unilateral action that does not comply with existing policy of the Planning
Commission.
· Work with professional staff of the Planning Commission and other persons to achieve the
most desirable results with regard to the planning or zoning process and established
community development policies.
· Refuse personal gifts in every instance where I have reason to believe the gift would not have
been extended to me except for my official position, where I have reason to believe the giver's
interests are likely to be affected by my official actions, or where the gift is or may reasonably
be considered to be designed to influence my official actions.
· Conduct myself in my contacts with other persons and groups in a manner keeping the
trust and dignity in my position as a servant of the people and of my community. I shall
further take care to guard not only the factua[ principle~ but also the appearance of
justice and' ~ ~ ' ·
ETHICS & THE PLANNING COMMISSION ,
ndependent and nformed
%'3j~agine that ),our commission
tl"~ a member who regularly
attends meetings unprepared.
(For some of you, this may not be much
of a stretch to imagine.) As a result, the
member displays little depth of thought
on matters before the planning commis-
sion. He may appear to always "rubber
stamp" the position of staff, or repeatedly
ask questions that have no bearing on
the application or were addressed in
the information provided. Obviousl); this
is not an independent and informed
commissioner.
But is there an obligation for plan-
ning commissioners to exercise indepen-
dent and informed judgment in review-
ing matters? The answer is 3'es.
A central function of a planning com-
mission is to provide an objective, and
independent, voice on matters relating to
a COlmnunity's long-term development.
This is especially important since local
governing bodies are (quite naturall)')
more sensitive to public opinion and the
demands of various special interests.
Planning historian Larry Gerckcns
has noted that "it is worth recalling that
citizen planning commissioners were put
in that position not to execute adminis-
trative chores for city council, but to pro-
vide insights into the problems and
potential of the communit); and to pro-
vide leadership in the solution of prob-
lems before they arise" (from
"Community Leadership & the Cincin-
nati Planning Commission," PCJ #18,
Spring 1995). Moreover, the American
Planning Association's "Statement of
Ethical Principles in Planning" includes
the following: "Planning process partici-
pants should exercise fair, honest and
independent j:~dgment in their roles as
decision makers and advisors" (emphasis
added).
What are so,ne of the basics to ensur-
ing tt~at you, as a commissioner, are
b.y C. GregoU' Dale, AICP
well-informed, and capable of exercising
independent judgment?
First, be sure to open your meeting
packet before the meeting! OK, maybe
that is too basic, but many commission- .
ers have cringed to hear the sound of a
fellow board memi~e, tearing the enve-
lope open at the meeting.
.'/i:.- BOTH 'COMMISSION'-AND ' -~
.:' STAFF-SHOULD. RECOGNIZE
'~;.~ :THE.' OBLIGATION OF .THE-"
,~..~z .,. .- .... - . . . - , - _ ' :
· ;,; :- COMMISSION .TO_ ACT~ IN -'-~-
~::"'-.' AN INDEPENDENT'- . ~-~ '""
!.",:,': .: .-'MANNER. '" ':
If you haw a professional staff you
should obviously review the staff report
carefully.. If not, then you should review
the application itself. Also, there is no
substitute for viewing the subject site
and the surrounding area. Reviewing
previous staff reports or minutes may
help provide you with some historic per-
spective on the application at hand. It is
also helpful to review the zoning code
and comprehensive plan provisions that
are relevant to a particular request.
Do not confuse independent judg-
ment with personal bias. The compre-
hensive plan and the regulations that
implement that plan represent the poli-
cies and laws that you are bound to
uphold, regardless of your oxvn personal
biases.
Can one do too much to prepare?
Always remember that ),our decision
must ultimately be based upon evidence
in the public record. Man), commission-
ers, in their well-placed enthusiasm to be
as prepared as possible, engage in inde-
pendent investigation that involves dis-
cussing pending cases before the
commission with interested parties to
that application. Such ex parte contacts
are improper and should be avoided
(see my column, "Ex-Parte Contacts" in
PCJ #2, Jan/Feb. 1992).
Another aspect of this issue has to do
with the relationship between the com-
mission and staff. Professional planning
staff have the training and .ability to
provide the commission with valuable
information and insights. Many commis-
sions actually request that staff provide
a recommendation for action.
Planning commissions should take
full advantage of staff expertise in mak-
ing decisions. However, both commis-
sion and staff should recognize the
obligation of the commission to act in an
independent manner. Remember also
that staff's analysis usually occurs prior
to the public having the opportunity to
testif>: The commission may very ,,veil
hear testimony that leads to a conclusion
or interpretation different from that
which staff tias articulated.
It can take time and effort for com-
missioners to be well-informed about
matters before them, and be capable of
exercising independent judgment. But it
is an investment that must be made. ·
C. Gregory Dale is a
Principal with thc plan-
ning and zoning firm of
McBride Dale Clarion in
Cincinnati, Ohio. Dale
manages planning projects
and conducts training for
planning officials through-
out the cotmtD:
A collection of all of Greg Dale's "Ethics
& the Planning Commission" columns
is now available. Contact the PCJ office
or order from the PlannersWeb at:
x~qv~:plannersweb.com
PLA N N I N G C<) M M I S S I O N E RS _J O U RN AL / NUMBER 36 / FALL 1999
RECIPE FOR FAIRNESS
In saying "yes" to appointments to serve as planning commissioners, we accept positions
of public trust and the responsibility of helping to guide our communities and counties into
the future. To be effective we must conduct ourselves in a manner that develops and
maintains the public's respect for and understanding Qf the job we do and the public
process we serve.
The key to respect is acting with fundamental fairness to all involved in the process and
to all who may be affected by any decisions that arise from the process: citizens (now and
future), applicants and their representatives, professional staff, other commission
members, and the elected body.
Looking back over my 16 years as a planning commissioner, I recognize that each of the
above groups has its own expectations of "what's fair". What seems fair and reasonable
to some seems entirely "unfair" to others. Therefore, the preparation and adoption of
specific policies and procedures that incorporate a "Recipe for Fairness" is essential to the
well-being of a planning commission and to its dispatch of duties.
"Recipe for Fairness"
Into the
ELEMENTS OF PROCEDURAL DUE PROCESS
Fold-in the
AICP/APA ETHICAL PRINCIPALS IN PLANNING
Mix well with
Understanding, tolerance, and vision,
And serve with
Competence, integrity, and consistency.
An understanding of the key ingredients is critical to fairness.
Elements of "procedural due process": The "due process clause" found in the 5th and 14th
amendments to the U. S. Constitution mandates requirements of procedure for bodies
making land use decisions to effectuate reason and fairness in the public process and to
ensure that applicable decisions and laws are not unreasonable, arbitrary, or capricious.
At a minimum we must provide:
· adequate notice and full disclosure of information,
· unbiased decision-makers,
absence of ex parte contact in any quasi-judicial issue,
· opportunity to be heard and to present evidence,
· record of the proceedings,
· written decision based on the record and supported by findings of fact.
Elements of the AICP/APA Ethical Principles in Planning: These principles bind
professional planners to ethical standards of practice. It is additionally important that
planni
·
·
ng commissioners subscribe to the same ethical standards.
Serve the public interest;
Recognize the rights of citizens to participate in the process;
Give full, clear, and accurate information;
Expand choice and opportunity;
Make information available to the public;
Protect the integrity of the natural environment an~l heritage of the
built environment;
Pay atte..ntion to the inter-relatedness of decisions;
Achieve high standards of proficiency and integrity;
Disclose personal interest and define it broadly;
Abstain from participation when you have a personal interest;
Seek no gifts or favors;
Not participate as an advisor, decision-maker, or advocate when
when you have previously been an advocate;
Serve as an advocate when the client's objectives are consistent
with the public interest;
Not use or disclose confidential information;
Not misrepreSent facts;
Not participate unless prepared;
Respect the rights of all persons.
The elements of due process and the ethical principles of planning blend together
smoothly to provide elemental fairness when diligently and 'consistently' followed. Mixing
those elements with understanding, tolerance and vision leads me to the following
thoughts with regard to specific "audiences".
To the
public:
We represent not only those who have come to participate in a meeting but also
those who did not come, and those who will be our citizens in the future. The
Supreme Court of Washington (in the 1972 decision in Buell v. City of Bremerton)
adds that members of commissions must be "capable of hearing the weak voices
as well as the strong".
In decision-making, we must respect and preserve the legacy of the past and be
responsive to the needs of the present as we prepare for the future to assure
opportunities for success and fulfillment for all.
In our hearings and meetings, we should be respectful and attentive to all who wish
to participate. For many, it is a first experience with our public process. If we put
ourselves in the shoes of those on the other side of the hearing room, would we
feel welcomed? Would the meeting space be large enough with good sound and
lighting? Would all case materials be set out for public review and would meeting
procedures be clearly explained? Would visual aids (overheads, etc) be used and
would all testimony be handled fairly with time and attention to all? Would issues
be clearly defined and questions be carefully addressed? Would action taken be
explained as well as the next step in the process? Would we feel our input was
.- appreciated and considered and would we look forward to participating in the
process in the future?
To the applicants:
· Come to each meeting prepared, having studied the applications, staff reports,
· '- other documentation, applicable ordinances, plans and policies, and the sites.
· - Keep an open mind avoiding determination until all documentation has been
reviewed and all testimony and discussion has been beard in public session.
· Do not use continuance as a delaying tactic when a decision may be difficult or
unpopular.
To tti'e professional staff:
· Review all reports in the "meeting packet" as quickly as possible after receipt. If
you have questions or need more information, let staff know immediately. Do not
"bushwhack" your staff by waiting until the meeting to ask for information that may
not be available "on the spot".
· Treat the professional staff (including consultant planners) with decorum,
respecting the professional code of ethics by which they are bound.
To other commission members:
· Be respectful to each other and to differing opinions.
· Seek training and-education opportunities to ensure a 'better grasp of the
responsibilities.
· Attempt to clarify all issues -- not everyone on the commission has the same level
of experience. Never think a question is "too dumb" to ask.
To the elected body:
· Send clear recommendations substantiated by "findings of fact" in a timely manner.
· Periodically meet with the elected body to discuss community planning priorities,
goals, and policies and to embrace a shared planning attitude for the community.
· Recognize that they serve a voting constituency, as well as the general public, and
are likely to respond to "public pressure" in a politically expedient manner.
In closing, remember that each individual involved in the planning process brings a
different perspective to the issues and that in FAIRNESS all perspectives deserve
consideration as we work to prepare for the future.
Carol Lynne Swayne
Planning Commission Chair, City of Bellevue, Nebraska
APA Board of Director-at-Large
Note: Written for and reprinted from "The Westem Planner"; Vol 21, No 3; April/May 2000
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
February. 8, 1999 RESOLUTION NO: 99-07
~VIOTION BY:
Mancino SECONDED BY: Entel
PROCLAMATION DECLARING VALUES ~VEEK, FEBRUARY 14-20, 1999
WHEREAS, "it takes a whole village to educate a child," (African proverb) The whole
comlnunity has the responsibility to work in concert with the home to provide consistent messages
about how we are to treat each other.
WHEREAS, the entire conmmnity participated in a process to identify a common ground
of basic goodness. The District 112 conmaunities process involved tlm'ee community forums and a
committee that reviewed and summarized the input from the community. The values were then
adopted by the city councils, school board, and county commissioners.
WHEREAS, the entire conm~unity must be involved. This includes school, business,
clergy, law enforcement, social se~x4ces, city govenm~ent, and sen,ice organizations. This
involvement begins witli identi~4ng the values and continues by community melnbers modeling
and promoting the values.
WHEREAS, the City of ChaN~assen has adopted and. promotes the eight Community
Values of CITIZENSHIP, ENVIROMENTALISM, GENEROSITY, HUMAN WORTH &
DIGNITY, INTEGRITY, LEARNING, RESPECT FOR OTHERS AND
RESPONSIBILITY.
WHEREAS, The Values Con~nittee has organized the Tenth Annual Conm~unity Values
Award Program for 1999.
NOW, THEREFORE, BE IT RESOLVED that the City of Chanhassen hereby proclaims
the week of February 14-20, 1999, to be
COMMUNITY VALUES WEEK
in the City of Chanhassen. As we continue to face the challenges and oppm~unities of our society,
I call on all citizens of CHANHASSEN to promote and model these eight values.
CHANHASSEN'S commitment and dedication to building a bright future for all members, but
especially the youth of this community, remain top priorities.
IN WITNESS WHEREOF, I have hereunto set my hand this 8t}' da3; of February in the
year of our Lord one thousand nine hundred and ninety-nine.
Todd Gerhard, Acting City Manager
Nancy .K. Mancino, Mayor
YES NO ABSENT
Mancino
Engel
Jansen
Labatt
Senn
None None
Distiiict
._ __
.J l 2 Strategic_ Direction-
__
._
~ -Mis~ibn:- .... -- - _ -
._
._
__
._
District 112 will prepare learners to achieve
their personal best.
- ~ .-Vision -
__
District 112 is. dedicated to the
preparation of life-long learners so each
may achieve personal success and
contribute to family and conm~unity.
Community Values
Citizenshil}: A quality in individuals whereby each adheres to an has an understanding and appreciation of the
rights, responsibilities and privileges afforded our society under the Constitution of the United States of America;
and, where every individual has a willingness and ability to participate in the democratic process in a lawful manner
in a society where actions of the individual, group or government are free from bias, favoritism or prejudice.
Enviromnentalism: A quality of care and concern for our surroundings and being willing to help improve and
preserve the environment.
.
Generosity: A quality in an individual whereby each is willing to share Unselfishly in words as well as action and
is willing to serve others without pay; indiscriminate altruism, gratitude and appreciation.
Itumai~ Worth and Dignity: One's assessment-of the extent to which on~ is lova'ble and-capable; the personal
sense of being valued.
Inte~ritv2 The quality 9f strict personal honesty, truthfulness and sincerity in the conduct of human interactions.
I,earnin~: A quality in individuals whereby each strives to learn more and increase personal levels of fulfillment
and competence throughout life;' a condition ih which one uses problem solving and reasoned argument to identify,
fi'amc and propose new and improved solutions to existing and emerging problems to the betterment of self and
society ......
Respect for Others: A quality whereby each and every individual has an unselfish regard and devotion, free from
pride or prejudice, to the welfare of others, as well as one's self, by respecting others; by displaying courtesy and
compassion; by appreciating and accepting individual differences and cultural diversities; and by showing regard
for and knowing the unique qualities of each person as a valued individual.
Responsibility: A quality in individuals whereby each knows, understands and accepts the impact and
consequences of personal actions and decisions and whereby each tries to fulfill the obligations of self-sufficiency
and active commitment to the common good of society.
These values have been adopted by thc CiO, Councils of Carver, Chat~hassen, Chaska, and Victoria, the Carver County Board,
the School Board of District I 12, and the Chaska Chamber of Commerce.
CITYOF
CHANH EN
dgO CiO' Ce,ret D;'iz,e
PO Box 147
Cl,.m/,,~s:e;:. ..'~'[i,,e~ota
Pholle
952.93 :-.)900
Ge,er,T/Fax
Q52. gzzsf3Q
£,gi, eeri,g Depm'tmem
952.93L9152
£,ildi,g Departme,t Fax
952.934.2524
It'Fb Site
MEMORANDUM
TO: Mayor
City Council
FROM: Scott A. Botcher. City Man%er d)~ ,~
DATE:
February 2 l. 2001
SUB J:
. 1 ·
Commission Liaison Recommenoatlons
There have been times in the. past, most recently accentuated by the inter-
commission commul~ication process used involx'ing the Pulte development,
where it appears as if commu~ication of the municipal position by the Council
to its advisory commissions was at times lacking. Having been here long
enough to notice, it appears that this issue, similar to other dilemmas we have
faced, can be traced to one of organizational structure within the lmmicipal
corporation. While some of what I am about to say may seem dreadfully
obvious to some, it appears some oF the Following statements have not been
implemented even if you assume that these things are patently obvious to the
governing bodies of the City in the past.
I1'~ its simplest form. our con2missions exist primarily £or one purpo:;e--<hey
exist to assist the Council in performing its duties as the gove~'ning body of'ti~e
City. They exist to act on behalf of, and at the direction of, the governing body
that established these comn~issions, and as their creator, the Council establishes
the policy parameters within which they desire each one of these committees to
work. \Vithout the clear establishment of this relationship, and v¢ithout the
understanding of these sal!~.e said parameters, one of two things can happen:
1 ) the advisory commissions can do their work with a lack of direction, making
their job rnore difficult; and 2) the work product the Council ultimately receives
from these advisory commissions will not have served the purpose or met the
need of the governing body, which is (was) the purpose of the commission's
existence in the first place.
The question then is how to create a structure whereby there is an understanding
on the part of both the governing body and the advisory commissions as to their
roles, and secondly, as to the acceptable policy parameters within which the
advisory comlnissions should consider specific issues as determined by the
governing body of the City. Although I do not claim to have the perfect answer,
the Mayor has asked me to share with you my thoughts on how we can address
this structural issue.
3Iayor & Ci0, Council
February 21, 2001
Page 2
In Delafield (which is, for the new Council members, where I worked for five
years prior to coming here), we had a system in place whereby each Council
member was assigned a position on each one of the commissions in a liaison-
type relationship. These Council members sat as full members of each one of
the advisory commissions and did vote. This served multiple purposes, two of
xvhich I have mentioned before. First, it created an bxplicit conduit through
which direction and communication could flow fi'om the Council to the
commission and back again. In this manner, the commissions heard directly
from a Council member any communication necessary or desirable by the
commission as part of their deliberation. Secondly, it established for these
advisory bodies the policy parameters within which the Council desired each
one of these commissions to work. As an example, the Council may decide that
certain things are acceptable as a matter of policy within park and recreation or
land use areas within the City of Chanhassen. The establislm~ent of that policy
then could be fully and clearly communicated first hand by this liaison to the
advisory commission so that when they were considering issues, they 'knew
clearly the parameters under which the governing body of this city wished them
to review issues prior to reporting to the City Council. As I said, it does the
Council no good to have commissions do work outSide the policy parameters in
a fashion that is unacceptable to the governing body. Additionally, it is
fi'ustrating to the commission members to put in the time and effort without
some sort of direction from the Council. You, as a Council inember, owe that to
them and certainly the creation of this type of relationship facilitates that.
Additionally, given the special role of the Planning Colnmission within growth
communities (and Delafield was a grov~h community too), the Mayor, by
ordinance, served as Chair of the Planning Commission. It is thought that this
role as Chair helped to further communicate to the Planning Commission public
policy as established by the Council to the Planning Commission.
It goes without saying that it is incumbent upon each of the Council members
who serve as the liaison to represent the interests of Council. It is not their job
to represent their interests. It is their j ob to represent the interests of the
governing body. In cases where there is not a firm position on the part of the
Council, it is their job to represent the varied perspectives that may exist on the
Council. I personally have seen people do an outstanding job of representing
diverse policy perspectives to advisory commissions.
Additionally, one of the issues that Council may wish to consider is whether or
not they wish to continue to deal with some of the land use issues they currently
do. My rationale is as follows: at the current time, there appears to be, outside
of the appointment process, a pretty distinct line between the actions of the
Planning Commission and the City Council. This is not meant to be an
adversarial statement; I am simply saying that we have two distinct bodies
3J(lyor & City Coltncil
FebrltaO, 21, 2001
Page 3
considering and deliberating issues that come before them. Suffice it to say, the
Council workload appears to be growing every single week. Additionally, I
have been nudging (okay, perhaps pushing) the Council to try to get up to that
30,000 ft. policy level, thereby making policy to guide and lead this community
instead of getting so bogged down with detail that we burn up valuable time and
energy dealing with issues like 8 fl. deck variances hs opposed to issues of
housing and transportation et.al, within Chanhassen. Part of the "trade" is that
the City Council would not deal with n'mlly of the rudimentary land use
approvals. The Council would not deal with variances, instead focusing on large
conceptual issues, such as approving PUDs, development agreements, general
developlnent plans in putting together a PUD, etc. We would not, for example,
approve individual site plans for buildings v,,ithin the PUD, the rationale being
that the PUD is in existence, the development agreement is in existence, and the
Planning Commission, especially given the communication through the liaison
to the Planning Comlnission, could just as well decide whether or not a specific
submittal met the standards implied within a development agreement and within
a PUD as the Council. Frankly, it is my experience that Plmming Commissions
do an outstanding job in applying the template created to review the individual
submittal.
Chanhassen has a history.,, however,, of the City Council being involved (I might
sa>.' bogged down) in detail work. i don't know if you all are ready to let go of
some of this. but I throw it out there because I've seen it work and I want to
continue to encourage you, again, to lead at the broadest and highest possible
level. You are here to lead this COlnmunity, and again, these commissions exist
to do much of the detail, research, and public hearing work for you, gMng a
broader audience to your constituents so that when an issue Colnes before you,
you can deal with these issues fi'om a broader policy based perspective instead
of counting trees or setback footage.
I apologize for the length of this memo and I am more than happy to discuss it
xvith you on Monday evening. It is my understanding from my conx, ersations
with the Mayor that this issue on Monday night is simply one for discussion.
The Council can communicate to her their initial thoughts, feelings, and
concerns at that time. If you have any questions about this, please contact me
directly and I will be more than happy to talk. Thank you.
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