City Council Communication Policy for Rezonings Copyrig hted
December 7, 2020
City of Dubuque Consent Items # 10.
City Council Meeting
ITEM TITLE: City Council Communication Policyfor Rezonings
SUMMARY: CityAttorney providing a copy of the City Council Communication Policy
for Rezonings.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Policy Supporting Documentation
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi ,
,
CRENNA M . BRUMWELL , ESQ. �
CITY ATTORNEY �'
To: Mayor Roy D. Buol and Members of the City Council
DATE: November 16, 2020
RE: City Council Function in Rezonings
Backqround
In 2006 the lowa Supreme Court issued a decision in Sutton vs. Dubuque City Council
which changed the City Attorney's recommendation for the Mayor and City Council
related to rezoning matters. From 2006 through early 2017 the Mayor and City Council,
as well as the Zoning Advisory Commission, have considered rezoning a quasi-judicial
proceeding which limited the Mayor and City Council, as well as the Zoning Advisory
Commission, to basing the body's decision strictly upon the information received during
the public hearing. Ex parte contact and communication were prohibited as were site
visits.
In 2017, the lowa Supreme Court issued a decision which clarified the Court's decision
in Sutton. In Residentia/ and Agricu/tura/ Advisory Committee, LLC. v. Dyersville City
Council, the Court held that an
"underlying decision to rezone was a legislative foundation and the council was
therefore not required to make findings or fact or provide for a more formal i
proceeding similar to a judicial proceeding."
The Court further stated that,
"there are some situations in which a zoning decision can take on a quasi-judicial
nature that may necessitate a different standard of review,"
And
"the quasi-judicial character of municipal rezoning is particularly evident in
matters involving PUD zoning." �
The most relevant holding of the case found,
"the city council was acting in a legislative function in furtherance of its delegated
police power. The council was not sitting to "determin[e] adjudicative facts to
decide the legal rights, privileges or duties of a particular party based on that
party's particular circumstances......the council weighed all of the
information, reports, and comments available to it in order to determine
whether the rezoning was in the best interest of the city as a whole."
(emphasis added).
The Dyersville case indicated the Mayor and City Council can, and should, consider and
weigh all information available to it in making a traditional rezoning decision. The same
holds true for the Zoning Advisory Commission. The prior limitation prohibiting contact
with the applicant, supporters, opponents, or city staff in addition to site visits only
remains in effect when a rezoning request involves a Planned Unit Development. While
the Court's decision did not address an institutional designation, it is my opinion a
rezoning request involving the ID Institutional designation would also be considered a
quasi-judicial proceeding.
Conclusion
The Mayor and City Council, as well as the Zoning Advisory Commission, for traditional
rezoning requests, may communicate with anyone interested in discussion on a
rezoning(s) and should consider any information available in furtherance of the bodies
obligation to determine whether a rezoning is in the city's best interest.
A process for differentiating the types of rezoning requests has been created and is
attached. Rezoning requests going forward will notify the Council as to the type of
rezoning, so Council can properly handle communications on the matter.
Please let me know if you have any questions. Thank you.
Attachment
cc: Michael C. Van Milligen, City Manager
Adrienne N. Breitfielder, City Clerk
Barry Lindahl, Esq., Senior Counsel
Wally Wernimont, Planning Services Manager
Citations:
Sutton vs. Dubuque City Council, 729 NW 2d 796 (lowa 2006)
Residential and Agricultural Advisory Committee, LLC vs. Dyersville City Council, 888
N.W. 2d 24 (lowa 2016). Rehearing Denied January 17, 2017.
CITY OF DUBUQUE CITY COUNCIL
COMMUNICATION POLICY FOR REZONINGS
Section 1. There are specific rules related to City Council communications on rezoning
requests based on lowa Supreme Court decisions. The rules depend on the
type of rezoning which is requested. The communication rules differ if the
case is a traditional or a quasi-judicial rezoning.
Section 2. Traditional rezoning is from one "standard" zoning district to another, such as OS
Office Service to C-3 Commercial, and conditional rezonings. With a traditional
rezoning, which is considered a legislative matter, City Council members can, and
should, consider and weigh all information available and there is no limitation on
communications with the applicant, supporters, opponents, or city staff or site
visitation.
Section 3. Quasi-judicial rezoning is a "specialized" zoning like a PUD Planned Unit
Development or ID Institutional District that involves a conceptual development
plan and custom regulations. City Council members are prohibited from having
contact with the applicant, supporters, opponents, or city staff or conducting site
visits. The decision must be based only upon information that is presented
during the public hearing.
Section 4. lowa law for ex parte communications for quasi-judicial rezoning requests is to
accept presentation of verbal comments only at the public hearing and to refrain
from site visits or activity outside of the public hearing.
Section 5. For traditional rezoning requests, lowa law permits ex parte communication with
applicants, supporters, opponents, or city staff or conducting site visits. The best
practice and policy of the City Council is:
a. to request that interested parties submit all written comments,
including electronic comments, prior to the public hearing, to the City
Clerk for presentation at the public hearing.
b. to conduct site visits together as an entire City Council adhering to all
open meetings requirements triggered by such visits.
Section 6. For purposes of consistency and transparency, site visits conducted together by
the entire City Council and communication through the City Clerk are strongly
preferred.
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