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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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