6 a Revised Site Visit Guidelines.J
SCANDIA
Staff Report
Date of Meeting: April 4, 2023
To: Planning Commission
From: Anne Hurlburt, Interim City Administrator
Re: Amendments to Planning Commission Site Visit Guidelines
Background:
At the March 7 meeting, the Commission discussed a number of amendments to the guidelines.
Staff was asked to make the recommended edits and bring back a redlined version for
consideration at the April meeting. Staff also referred the draft amendments to the City
Attorney.
A redlined version of the guidelines is attached. The changes are summarized as follows:
• Replace the list of seven types of decisions with "any matter that comes before the
Commission".
• Replace specific language about meeting notices with generic language about posting
notice "as required for special meetings." This was recommended by the City Attorney.
The last day of a notice period cannot be counted if it is a Saturday or Sunday. It is better
to leave out this detail and simply state as required for special meetings to allow for
flexibility.
• Remove the scheduled site visit time of 5:30 p.m. — site visits should have flexibility to
begin as needed.
• Remove the statement that site visits begin at the Community Center. They will begin at
the location and time posted.
• Remove the language about interested citizens; this policy is about the commissioner
conduct and the fact that the meeting is open to the public.
• Adding a statement that "Commissioners will extend courtesy to property owners and
shall seek permission before entering private property."
■ Adding a statement (Ex Parte Communication, item 4. (f) that a City Party may, during a
site visit, must refrain from "opining or advocating on their position."
Recommendation:
The Planning Commission review and make any final changes to the Site Visit Guidelines, and
then forward them to the City Council with a recommendation for approval.
Attachment:
• Site Visit Guidelines Draft Amendments
Scandia Planning Commission
Scandia City Council
Site Visit Guidelines
Adopted May 3, 2011
Amended August 2, 2016 (Planning Commission)
Amended August 16, 2016 (City Council)
Draft Amendments for Discussion at April 4, 2023 Planning Commission Meeting
Overarching Goal of Site Visits:
To ensure that Planning Commissioners, representative of the citizens of the City of Scandia and
acting as advisors to the Mayor and City Council, are as fully informed as possible before making
decisions regarding any matter that may come before the Commission.:
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Purpose of Site Visits:
1. Gather information for issues pending before the Planning Commission, through
first-hand observation of the site, which includes topography, land cover, existing
structures, access, screening, and any other visual characteristic that may help the
Planning Commission's evaluation of a land use application.
2. Subject to "Ex Parte Communication," below, a site visit also gives a developer, real
property owner, or land use applicant the opportunity to present information and
answer questions regarding the site, any proposed changes, and the physical
relationship any changes may have to the surrounding area.
Procedures:
1. The Planning Commission Chair will determine which site visits are needed and
notify the City Administrator by the Wednesday before the monthly Planning
Commission meeting.
2. The City Administrator will post public notice of site(s) to be visited at least three
days. as required for special meetings, before the scheduled visits. the Thu -sday
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3. Scheduled visits will normally be the day of the monthly Planning Commission
meeting during Daylight Savings Time (Tuesday -ado -p.m.) or the Sunday before
the monthly Planning Commission meeting during Standard Time, the time of day to
be determined by the Chair and posted accordingly by the City Administrator.
4. The date and time of the site visit meeting may be changed by the Chair if 3 days
posted notice and written notice to Commission members are given, as well as
adequate posting being made by the City Administrator, pursuant to the Minnesota
Open Meeting Law.
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S. Commissioners will meet at the location at the posted time as provided in the sVecial
meeting notice. All information received and discussion held will be open to the
ublic.
-46. Owners/developers/applicants for a land use action related to the subject real property
are invited to meet at the site(s).
8-.7. Commissioners may individually visit the site(s) without public posting.
Commissioners will extend cour esN to propertN ovvners and shall seek permission
before entering private property.
Follow-up:
1. Site visits conducted will be noted and summarized at the subsequent Planning
Commission meeting.
Ex Parte Communication:
1. As noted above, all Planning Commission site visits are subject to the Open Meeting
Law. Site visits are not televised or recorded. Therefore, Planning Commission
members must take extra steps that they are not engaging in ex parte communication
with any third parties.
2. As the Planning Commission (in an advisory role), and the City Council (in a binding
role) act in a quasi-judicial capacity when processing land use applications, it is
vitally important that such decisions are based on documents and information that are
accessible to all parties. If a Planning Commission or City Council member has
access to information outside of the record (i.e. located in a land use application or
divulged at a meeting), the member must take affirmative action to ensure the
information is included properly in the record in a timely manner so that all parties
and the public can fairly be apprised of it and have an opportunity to respond or
address the information.
3. "Ex Parte Communication," for purposes of this Policy, means any type of
communication, verbal or written, between one or more Planning Commissioners,
City Council members, or City officials (the "City Parties"), and any third party,
whether it be an owner, developer, or applicant related to real property that is the
subject of the site visit, a City resident, or a non-resident (the "Private Parties"), that
tends to discuss the items listed in Section 4 below. City Parties and Private Parties
may engage in general discussion regarding the site, as long as all parties have an
opportunity to participate.
4. No City Party may discuss the following items with any Private Party during a site
visit:
(a) granting or denying privileges, rights or benefits to a particular party;
(b) interpreting, applying, or enforcing rules or laws;
(c) purporting to issue, suspend, or revoke applications or permits on behalf of the
City;
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(d) determining rights and interests of any party;
(e) evaluating and passing on facts as they apply to existing laws or rules;
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(€g) purporting to order or abate any action on behalf of the City;
(#h) purporting to take a particular position or make a specific determination on
behalf of the City, before any process has begun under the City's code, zoning
ordinances, and other related regulations; and
(#i) any other action that is reasonably intended to bind a City process, or is
undertaken to the detriment of the Minnesota Open Meeting Law.
The intent of this section is to prevent Planning Commissioners and other City Parties
to communicate outside the setting of a duly called public hearing on any issue of
fact or law regarding any matter that may yet come before the Planning Commission,
for further recommendation to the City Council. If a Planning Commissioner or
other City Party receives a verbal or written communication, such communication
shall be summarized (in the case of a verbal statement) or reproduced (in the case of
a written statement) to the remainder of the Planning Commission and City staff,
preferably at the next regular or special meeting of the Planning Commission that
discusses the related topic or land use application.