Loading...
HomeMy WebLinkAbout2021-08-05 Info Packet City Council I nformation Packet August 5, 2021 IP1.Council Tentative Meeting S chedule November 20 Work Session Miscellaneous IP2.Memo from City Attorney: C P R B Proposals for Changes to Ordinance IP3.Memo from Assistant City Manager: Curb Ramp S now Removal IP4.2021 B uilding Statistics IP5.Civil S ervice E xamination: Civil E ngineer IP6.Civil S ervice E xamination: P ublic S afety I nformation Officer IP7.Civil S ervice E xamination: Treatment P lant Operator - Water Draft Minutes IP8.Ad Hoc Truth & Reconciliation Commission: J uly 22 IP9.Planning & Z oning Commission: J uly 15 August 5, 2021 City of Iowa City Page 1 Item Number: 1. A ugust 5, 2021 Council Ten tative Meeting Sched u l e AT TAC HM E NT S : Description Council Tentative Meeting S chedule City Council Tentative Meeting Schedule Subject to change August 5, 2021 Date Time Meeting Location Tuesday, August 17, 2021 4:00 PM Work Session The Center, Assembly Room 6:00 PM Formal Meeting 28 S. Linn Street Tuesday, September 7, 2021 4:00 PM Work Session TBD 6:00 PM Formal Meeting Tuesday, September 21, 2021 4:00 PM Work Session TBD 6:00 PM Formal Meeting Tuesday, October 5, 2021 4:00 PM Work Session TBD 6:00 PM Formal Meeting Tuesday, October 19, 2021 4:00 PM Work Session TBD 6:00 PM Formal Meeting Monday, November 1, 2021 4:00 PM Work Session TBD 6:00 PM Formal Meeting Tuesday, November 16, 2021 4:00 PM Work Session TBD 6:00 PM Formal Meeting Tuesday, December 7, 2021 4:00 PM Work Session TBD 6:00 PM Formal Meeting Tuesday, December 21, 2021 4:00 PM Work Session TBD 6:00 PM Formal Meeting Item Number: 2. A ugust 5, 2021 Memo from City Attorney: C P R B Proposals for Chan g es to O rdin ance AT TAC HM E NT S : Description Memo from City Attorney: C P R B Proposals for Changes to Ordinance Item Number: 3. A ugust 5, 2021 Memo from Assistan t City Man ager: Cu rb Ramp Sn ow Removal AT TAC HM E NT S : Description Memo from Assistant City Manager: Curb Ramp S now Removal Date: August 4, 2021 To: Mayor and Council From: Rachel Kilburg, Assistant City Manager Re: Curb Ramp Snow Removal Staff were directed to research curb ramp snow removal practices in other cities, with a specific emphasis on cities in Minnesota at the December 1, 2020 City Council Meeting. Contained in this memo is a comprehensive analysis of those findings (this memo does not address snow clearing operations for streets, only sidewalks and curb ramps). Clear pedestrian walkways, including curb ramps and crosswalks, are important for mobility and access by residents of all abilities. Obstructed walkways, especially in the winter, can be extremely dangerous for residents with limited mobilities and who rely on mobility aids to travel to work, school, and medical appointments. Current snow clearing operations in the City require a massive amount of City time and resources. There are approximately 6,976 curb ramps and 391 miles of sidewalk in Iowa City. Of those, city staff currently perform snow/ice maintenance at approximately 240 curb ramps, 74 intersections, and 36 miles of sidewalk. This is in addition to street plowing operations. This memo outlines: i. Overview of current codes and legal obligations (federal, state, and local) ii. Summary of current City sidewalk/curb ramp snow clearing operations iii. Case studies from other cities iv. Review of complicating factors to be considered v. Analysis of expanded operation scenarios vi. Changes for consideration I. Summary of Regulations & Current Code The accumulation of snow at curb ramps, crosswalks, and gutter flow lines result from two primary triggers: 1. Natural accumulation (snow falling from the sky) 2. Non-natural accumulation (such as snow pushed by City or private plows) Snow removal obligations for these two triggers are dictated by the intersection of three regulatory frameworks: 1. Americans with Disabilities Act (ADA) - federal law which imposes reasonable equal access obligations on the City 2. Iowa Code - establishes the basic regulatory framework for snow removal 3. Iowa City Ordinance - operates within the parameters established by the State The following chart summarizes the intersections between the type of snow trigger and the different regulatory frameworks: Snow Removal Responsibility: Regulation Abutting Sidewalks Curb Ramps Trigger: Natural Accumulation (i.e. falling snow) Local Ordinance Abutting property owner Not addressed State Code Abutting property owner Authorizes local ordinance transferring responsibility to abutting property owner ADA (federal) Public property: City Private property: Reasonable snow removal required, but responsible party undefined. Trigger: Non-Natural Accumulation (i.e. snow plows, misdirected gutter) Local Ordinance Not addressed – see below Not addressed – see below State Code Non-natural accumulation not enforceable under Iowa Code Non-natural accumulation not enforceable under Iowa Code ADA (federal) Public property: City Private property: Reasonable snow removal required, but responsible party undefined. *The State Code does not expressly use “curb ramp.” See below, Iowa Code §364.12(2)(c). Americans with Disabilities Act Section 35.133 of the Americans with Disabilities Act, Title II Regulations, as amended by the Final Rule published on September 15, 2010, requires that public entities maintain in operable working condition those features of facilities and equipment that are required to be readily accessible and usable by persons with disabilities. Although courts have been split on the issue, the City Attorney’s Office is of the opinion that sidewalks and curb ramps are considered public facilities. The law does allow for temporary interruptions in access due to repairs or maintenance. A reasonable delay between the cessation of snowfall and the removal of snow from walkways may be considered a temporary interruption. Not clearing walkways of snow for the entirety of the winter months would not be considered temporary. Title 28 C.F.R. section 35.150(a) makes clear that a municipality is not necessarily required to make each of its existing facilities (including sidewalks) accessible to and usable by individuals with disabilities. The City is not obligated to take on undue financial or administrative burdens. The entity’s maintenance obligation is to ensure reasonable snow removal efforts, though the City does not necessarily need to be the party conducting the clearing. The City ensures reasonable snow removal efforts for naturally accumulating snow by enforcing sidewalk snow removal obligations on abutting property owners (see “Iowa Code” and “Local Ordinance” below). However, this obligation cannot be imposed for non-natural accumulations. In response, the City takes considerable measures to ensure locations of significant public access are clear and in compliance with the ADA, such as the downtown, which is pedestrian heavy and home to the transit interchange and several public buildings. Additional details about the locations and practices of City sidewalk snow removal efforts that go above and beyond the minimum requirements of the ADA are included below. Iowa Code The State Code establishes the basic regulatory framework for snow removal and Iowa City’s local ordinance operates within that framework. Iowa Code §364.12(2)(b) applies to sidewalk snow removal and states: “The abutting property owner is responsible for the removal of the natural accumulations of snow and ice from the sidewalks within a reasonable amount of time and may be liable for damages caused by the failure of the abutting property owner to use reasonable care in the removal of the snow or ice…” The Code then gives some shape to “abutting property owner” in the next paragraph: “The abutting property owner may be required by ordinance to maintain all property outside the lot and property lines and inside the curb lines upon the public streets.” Iowa Code §364.12(2)(c). Section 364.12(2)(b) further states, “…when the city is the abutting property owner it has the specific duty of the abutting property owner set forth in this paragraph.” The City maintains snow removal obligations for all sidewalks and curb ramps (“outside the lot and property lines and inside the curb lines”) abutting public property. Notably, Iowa Code §364.12(2)(b) specifies responsibilities for private property owners are enforceable only for “the natural accumulation of snow and ice.” Accordingly, local Ordinance does not and cannot impose an obligation on private property owners for non-natural accumulations. Snow and ice obstructions in curb ramps and crosswalks often result from street snow plowing operations, making them non-natural accumulations. City Ordinance In accordance with Iowa Code, Iowa City enforces snow removal obligations for natural accumulations upon abutting property owners. The City’s snow and ice removal ordinance states: “No owner, tenant, responsible party or person in possession or control of property shall allow snow or ice accumulations to remain upon abutting sidewalks for more than twenty-four (24) hours.” Iowa City Code 16-1A-8. The ordinance further allows the City to remove and assess the costs to private property owners who fail to comply. The City’s policy requires property owners to clear snow after any snow event resulting in 1” or more accumulation or after any ice event has ended. The entire width of the sidewalk must be cleared down to concrete. Tenants are advised to check their leases to see if their landlord has transferred the responsibility of snow and ice removal to them. It is the opinion of the Iowa City City Attorney’s Office that both sidewalks and curb ramps abutting private property fall “outside the lot and property lines and inside the curb lines” and thus are enforceable as an abutting private property owner’s responsibility. Historically, curb ramps have not been enforced as an obligation of the private property owner – only recommended. Initiating enforcement of the curb ramp snow removal obligation of a property owner on a corner lot is recommended by the City to address access concerns. Again, Iowa City’s snow and ice removal ordinance is enforceable for natural accumulations of snow and ice. Deposits of snow and ice on sidewalks due to snow plows passing through the streets is not considered a “natural accumulation” and thus not enforceable under state law and current local ordinance. II. Current City Operations Staffing & Safety Issues It is important to understand this memo contains best possible estimates of time spent, but there are many variables which dictate crew size, equipment, and time required. Variances from the estimates provided will depend on the type and depth of snow, weather conditions, and the length and timing of the snow event. Each area maintained by the City is also rechecked between storms for freeze/thaw or drifting conditions, which are not reflected in these hours and very hard to estimate and can be significant. Additionally, these estimates represent maximum possible staffing levels, but actual staffing levels vary greatly based on sick time, scheduled time off, and necessary time off to rest/sleep and mentally reset between shifts, which is especially important for safety during back-to-back and multi-day snow events. Current sidewalk and corner snow removal activities are shared between Parks Division staff and Transportation Services staff. (Public Works staff handle street snow clearing operations and assist with other blocked curb ramp complaints throughout the City as staff time allows). Staffing changes from day to day, which also impacts the City’s ability to address snow issues. Snow removal during regular hours is typical, but overtime has been more common during the 2020-2021 season due to the timing of snow events. If a snow event ceases during regular working week hours, approximately 23 permanent Parks employees, 10 temporary Parks employees, and 9 permanent Transportation Services employees are assigned to snow removal efforts. On weekends, only four Transportation Services staff are regularly scheduled, and three Parks staff are regularly scheduled. There are also no “on-call” staff scheduled. Thus, if a snow event occurs on a weekend (which happened frequently during the 2020-2021 season), it is entirely voluntary for staff to choose to come in on overtime assignment. The City has been very fortunate to have employees who elect to come in on their regularly scheduled days off to help during snow events. The number of staff assigned to an intersection at any given time varies from one to four staff depending on the conditions, equipment available, and impacts from street plows. Depending on the snow event, current practices bring staff in as early as 11 p.m. to begin clearing snow from downtown metered parking spaces, parking ramps, loading zones, surface lots, and streets. Staff utilize the 2 a.m. – 6 a.m. no parking restriction in the downtown to aid in the timing of snow removal. Several large end loaders and skid loaders are used for snow removal at this time, which aids staff in safely removing snow with large equipment while traffic is at a minimum and parked vehicles will not cause issues. Second shift staff typically work additional hours (until approximately 3 a.m.) to assist with snow removal around facilities and parking meters. First shift staff will also clock in early (approximately 3 a.m.) to continue the snow removal efforts. This phase of snow removal is intended to remove snow down to the pavement to allow customers to park properly and safely in marked parking stalls. However, this leaves behind piles of snow which staff must return to in the following days to clear. Curb ramps & Crosswalks The Iowa City Public Works Department maintains a database of curb ramp locations within the city. There are approximately 6,900 ramps identified in Iowa City, and staff currently clear approximately 240 curb ramps as part of standard snow removal operations and address additional locations on a complaint-basis as staff time allows. Several public facilities are located in the downtown (city hall/police station, library, Senior Center, parks, and parking ramps) and it is a key pedestrian connector to the transit hub, the University, and other places of employment. Thus, staff deemed the downtown a priority for limited snow removal resources due to this high level of pedestrian traffic. City staff currently clear approximately 27 intersections and 74 curb cuts in the downtown. Staff spend between 6.75 hours – 13.5 hours on one pass through for these intersections/curb ramps. Depending on the amount and duration of the snow event, staff typically revisit these curb cuts one to five additional times, resulting in many more total hours spent. Parks staff also clear approximately 166 pedestrian ramps at corners adjacent to parks and other public owned land (i.e. creeks, bridges, etc.) and at trail intersections. Sidewalks and trails As previously mentioned, property owners are responsible for snow and ice removal of natural accumulations upon abutting sidewalks. Approximately 355 miles of public sidewalk is under private property owners’ maintenance obligations. Each year, the City receives numerous complaints regarding uncleared private sidewalks. During the 2020-2021 season, the City received 741 complaints. Housing Inspection staff respond to these complaints, issue required notices, and also work with property owners to be flexible when an extension to the 24-hour window is needed. Typically, staff can informally manage this with a 12-hour extension to avoid having to issue a citation. However, if property owners are unresponsive, the City may hire a contractor at the expense of the property owner to remove snow or ice accumulations which have remained upon a sidewalk for more than 24 hours. The City bids this contracted service annually to get the lowest cost at a quality, responsive service level. The current rate for privately contracted snow removal is $125 per hour for labor plus a $125 equipment fee per property. During the 2020-2021 snow season, of the 741 total complaints, the City had to clear properties (some repeat offenders) 134 times at an average cost of $270 per property ($100 administrative cost + $170 to contractor). In total, $36,236 was spent on contracted sidewalk removal for properties in violation last year. Additionally, due to staffing and time constraints, the City contracts snow removal in the Normandy Dr. neighborhood where the City owns several flood buyout properties. Based on the past three winters, the average annual cost for contracted snow removal in this neighborhood is $6,496. City staff remove snow from approximately 36 miles of sidewalk: all sidewalks adjacent to public buildings and facilities, public parking facilities, and parks as well as many recreational trails. Additionally, the City is responsible for winter maintenance of the Pedestrian Mall. During the 2020-2021 winter weather season, Parks staff cleared 7.5 additional miles of trails to provide additional outdoor recreation opportunities during the pandemic. Staff estimate that depending on the snow event and conditions, full clearing of these additional miles requires approximately 8 – 12 hours of staff time and may require multiple passes. These estimates do not include travel time between locations, which is considerable. Staff also check each of these areas between storms for freeze/thaw or drifting conditions. Due to the positive resident feedback, it is anticipated these additional miles will become part of the standard trail routes cleared by Parks. Additionally, sidewalk and trail miles are added each year as the City grows, which puts further pressure on Parks’ snow clearing operations. Notably, extension of the HWY 1/6 trail (Fairmeadows to Heinz in 2022, Broadway to Fairmeadows in 2025) will add considerably to Parks’ snow clearing workload. Bus Stops Transportation Services staff currently clear approximately 50 bus stop locations when time allows and after other snow removal obligations are completed. This includes 41 sheltered stops (larger areas and concrete pads) and 10 priority high-volume, mid-block stops (no concrete pads, staff attempt to clear to the grass but large piles of snow from plows are often present in mid-block locations). Additional stops are addressed as time allows, based on calls from transit drivers and riders. Bus stops are cleared by Transportation Services staff after other obligations (such as downtown) and attempts to focus on additional curb ramp clearing in the downtown last year detracted from bus stop snow removal. During the 2020-2021 season, transit drivers were asked to assist with snow removal at stops, but even with this help it still required several days before stops were fully cleared. Since other areas are prioritized first, bus stops are not always cleared for morning commutes. When staffing allows, bus stops are cleared in the morning and the highest use stops are cleared first, with the lower use routes addressed after other snow removal obligations. Beginning in 2021, the City is testing new and innovative technologies to assist with keeping bus stops clear of snow. Electrically conductive cement will be installed at the bus shelter located near the First Avenue/Muscatine Hy-Vee, which will be tested for effectiveness at melting snow and ice upon the concrete without the need for salt or snow removal. If the stop is successful, such practices could be considered at future locations as another tool to address access and snow removal challenges. Parking Decks & Other Facilities The City manages and maintains six Parking Decks. Parking decks are cleared as soon as possible after Transportation Services staff complete all required street snow removal responsibilities. The Transit facility parking lot and area around the facility is also cleared early in the morning – typically before staff arrive and to allow for buses to exit the storage bays and begin their routes. Communications and Partnerships Consistent and proactive communication plays an integral role in snow removal operations. City Communications staff share National Weather Service information about pending storms as a matter of safety and issue messaging when plows go out so travelers can stay aware of road conditions. After a snow event, staff work with Housing Inspection Services to notify the public when sidewalk snow removal is needed and when enforcement will begin. Inspection staff aim to be flexible and communicative in their enforcement approach but do experience challenges with property owners who take advantage of back-to-back storms to let the 24-hour clock “reset” and avoid clearing sidewalks. Messaging consistently reminds residents of the importance of clearing curb ramps and crosswalks at corner properties but does not currently use language that indicates property owners at corner lots are obligated to clear curb ramps. During the 2020-2021 snow season, there were 18 occurrences in which the City published messaging related to shoveling sidewalks, curb ramps, and fire hydrants. These were published across four social media platforms (Twitter, Facebook, Instagram, and Nextdoor), the city website, and in news releases, totaling 82 unique posts across all platforms for the 2020 – 2021 winter weather season. Currently, the City does not have a formal snow removal volunteer program. The United Way of East Central Iowa offers a chore, home repair, and services volunteer program, which includes snow removal. Historically, such programs have received little, consistent volunteer interest. Case studies from other cities suggest that incentivized volunteer programs are more successful (see Section III, Partner Programs). City staff are currently working on improving the process and communications related to volunteer opportunities with the City and local partners. III. Sidewalk/Curb Ramp Snow Removal in Other Cities During the 2020-2021 winter season, City staff were directed to research sidewalk snow removal programs, policies, and practices in other cities, including specific analysis of curb ramp clearing programs in Minnesota cities. Comparison with other Cities The following table compares of snow removal regulations and practices in Iowa City and various Midwestern cities, including several within Minnesota. Please note, that differences in state law may dictate how localities respond with services. For example, there is no Minnesota state statute that requires municipalities to establish or enforce a sidewalk snow clearing policy. (Summary of case studies begins on the next page.) Location Pop. Total Miles Sidewalk Total Miles Sidewalk maintained by City Total # Curb Ramps Policy Summary Iowa City, IA 74,950 391 36 6,976 • City clears sidewalks/corners adjacent to public facilities, parking facilities, parks, the pedestrian mall, and transit interchange. • Remaining sidewalks responsibility of abutting property owner. St. Louis Park, MN 48,677 116 52 2,428 • City plows 52 miles of sidewalk. Remaining 64 miles of sidewalk snow removal is responsibility of adjacent property owner. • City sidewalk snow removal begins after 1 inch of accumulation. Rochester, MN 114,011 N/A 40 10,000 • City plows 40 miles of sidewalk and bike paths. Remaining sidewalks responsibility of adjacent property owner. New Hope, MN 20,925 N/A N/A N/A • Sidewalk snow removal is responsibility of adjacent property owner. • City plows sidewalks as a courtesy when staff time allows (sidewalks are not plowed on overtime hours). St. Paul, MN 304,547 N/A -- N/A • Sidewalk snow removal is responsibility of adjacent property owner. Eagan, MN 66,379 161 84 N/A • City plows 84 miles of sidewalks only after all street plowing has been completed, which can take up to a week or more. • No existing policy requiring residents to remove snow from walkways. • A segment of sidewalk can be considered for addition to the City plow program if a petition including 50 properties within ½ mile of the segment is submitted for Council review and decision. Eden Prairie, MN 64,179 232 N/A N/A • City plows sections of sidewalks along arterials (miles not available). • Sidewalk snow removal responsibility of adjoining property owner. Bloomington, MN 85,319 260 260 3,300 • City maintains all sidewalks within city limits (excluding stairs) after 1” of snow or for Reduced Mobility Routes for less than 1”. • City code still places sidewalk snow removal responsibility on adjacent property owners. The city snow removal is conducted as a gesture and not included in City code. Minneapolis, MN 413,651 2,000 12,000 crosswalks/ curb ramps only 17,000 • City/contractors clears only area beyond the curb line due unless a city plow placed snow on a curb ramp or sidewalk impeding ADA access. • Sidewalk snow removal for sidewalks and curb ramps responsibility of property owner, excluding windrows created by a city plow. • Begin after 4” inches of accumulation and after end of snow emergency. • Crews operate 24 hours a day with 40+ pieces of equipment. Duluth, MN 86,293 450 100 N/A • City clears 100 miles of sidewalks based on priority routes. • Remaining sidewalk snow removal (including curb ramps) responsibility of property owner. Location Pop. Total Miles Sidewalk Total Miles Sidewalk maintained by City Total # Curb Ramps Policy Summary Madison, WI 254,977 1,275 150 N/A • City clears curb cuts/crosswalks at high-priority areas after at least 2” snow accumulation and City owned sidewalks. • Remaining sidewalks/ramps responsibility of adjacent property owner. East Grand Rapids, MI 11,759 80 N/A N/A • City plows sidewalks after 3” accumulation and only after street priority routes are completed. • Use rubberized sidewalk plows which leave behind ½”-1” snow that is responsibility of property owner to remove. Grand Rapids, MI 198,401 922 100 N/A • Contractors for the city clear top layer of snow based on priority routes after at least 3” snow accumulation. • Property owners responsible for bottom layer of snow left behind. Additional information on sidewalk and curb ramp snow plowing is available below for some of the researched cities with more robust operations: • Bloomington, MN: The city clears all 260 miles of sidewalks and 30 miles of trails within the city limits (excluding stairs) after 1” of snowfall on regular routes and any amount of snowfall on Reduced Mobility Routes. This practice is conducted as a gesture to the residents but is not included in City Code which still requires adjacent homeowners to clear snow and ice from sidewalks. Sidewalks adjacent to city facilities are cleared first and then sidewalks are prioritized based on proximity to hospitals and health care facilities, school zones, high traffic sidewalks, sidewalks in close proximity to street, Mall of America sidewalks, and, finally, residential and low traffic sidewalks. The city has assigned a 13-member crew to conduct clearing. Crews work 12 hour shifts and it is estimated to take 2-3 days to clear after a 3” snowfall. Each employee is equipped with a blade or blower at a cost of approximately $170,000 each. The overall cost estimate for sidewalk snow removal equipment is approximately $2,000,000. Beginning in 2020, to reduce costs and staff hours the city reduced the amount of prioritized sidewalk to be cleared. • Minneapolis, MN: Residents are responsible for sidewalk snow removal and the curb ramps adjacent to their property, but not for snow placed by a city plow. The city conducts snow removal at crosswalks and corners only and is responsible when a windrow is created by the plow for anything beyond the curb line (unless the plow caused snow to be placed on the ramp or sidewalk and impedes access). Corner snow removal is prioritized by the Pedestrian Street Lighted Corridor, Business Corridor, hospitals and long-term care facilities, the downtown, and then residential areas. Plowing is conducted by both city staff and contractors. Approximately 40 pieces of equipment are used by crews. Crews begin after a minimum of 4” of snow has accumulated and after a Snow Emergency has ended. Crews operate 24 hours a day and the city has reported that overtime costs are extremely expensive. The city requested an additional $200,000 for related overtime costs in 2015 and requested another increase of the same amount for the upcoming fiscal year. The Pedestrian Street Lighted Corridor is typically completed with 2-3 days following a snow event with all other areas taking up to 2-3 weeks. • Madison, WI: For snowfalls with at least 2” accumulation, the city clears curb cuts at crosswalks. High priority is given to the Isthmus Pedestrian Corridor, crosswalks near schools, crosswalks used regularly by persons with disabilities, and crosswalks and curb cuts on streets with bus stops. Residents are still responsible for clearing private sidewalks adjacent to their property. Notably, in discussions with the City of Bloomington and City of Minneapolis, our staff learned the cities’ commitments to clearing all curb ramps is rarely fulfilled since the “clock resets” on the city’s commitment each time a snow event occurs. In essence, the 24/7 staff dedicated to these efforts never fully catch up. Research into other cities also uncovered several snow maintenance programs used as an alternative (or an addition) to City-sponsored snow clearing programs. Partnership Programs Anecdotally, local volunteer-matching programs which have been tried in the past have been met with limited interest and success. Many of the examples below are based on programs which have experienced more success and typically involve incentives: • Teen Job Matching Program: In Cambridge, Massachusetts, the city partners with the Council on Aging and Office of Workforce Development to generate a list of teens or high school students who are interested in paid snow shoveling opportunities. The Office promotes the opportunity through local schools and students can identify preferred neighborhoods that are convenient for them. Seniors and people with disabilities can access the list of students and contact a local shoveler. Details of the job and pay rate are negotiated between the student guardian and homeowner, but typically pay between $15 - $30 per job. Agreements require guardian signature and are kept on file with the Office. Last year, approximately 80 students participated in the program, with a few students signing up as the winter progressed. • “Snow Angels” Programs: In various cities through the U.S. and Canada, cities operate “Snow Angel” volunteer matching programs. These programs focus on snow removal for adults over 60 and persons with disabilities. Some cities researched have partnered with local businesses to provide participating volunteers with swag or discounts at the partnering establishments, in exchange for their service. Other cities partner with schools and youth organizations to offer snow shoveling jobs that can help students fulfill any mandatory volunteer hours they may need. • Business Maintenance Agreements: In Traverse City, Michigan, businesses near bus stops may enter into maintenance agreements with the city which makes the business responsible for snow removal and general maintenance of the nearby bus stop(s). These stop sponsorships are noted on the city’s website so individuals can plan ahead and know which stops/routes are clear. In 2021, 22 businesses, organizations, and individuals participated in the program. • Adopt-a-Stop program: The City of Portland, Maine operates a program in which residents or businesses commit to clearing a bus stop and adjacent curb cut for one year. In return, they are provided a shovel and safety vest, an optional sign posted at the stop acknowledging their service, text/e-mail notifications when they should clear stops, and a 10-ride bus pass after each major snowstorm in appreciation for their work. Participation has historically been low (maximum of 15 volunteers a year) and marketing efforts have been limited. • Contractor Partnerships: In Sterling Heights, Michigan, the city has partnered with local snow removal contractors to offer seasonal packages or on-demand snow removal for residents. This also involved partnering with the University to develop an app that works like Uber for snow removal. Residents can log in, get a quote, and request an on-demand snow removal service that they pay for from one of the participating businesses. Policies Some cities have implemented policy and practice changes to control for unintended consequences of local snow removal ordinances against older adults and persons with disabilities: • In Cambridge, Massachusetts, older adults or persons with disabilities may apply with the city for snow removal assistance and an exemption from notices/citations or an extension to the 48-hour sidewalk clearing requirement. • In Toronto, Canada, seniors or persons with disabilities can apply for snow removal assistance to be conducted by city staff. • In Madison, Wisconsin, seniors and disabled residents can register with Building Inspection services to be added to the 72-hour snow extension list, allowing them more time to find a contractor or family member/friend to help shovel their sidewalk. V. Considerations In evaluating various options for addressing corner snow accumulations, staff recommend that City Council weigh the following factors: Weather Patterns During the 2019-2020 winter, the City had 16 different events resulting in approximately 27 inches of snow and one-half inch of ice. During the 2020-2021 winter season, there were 14 total snow events, resulting in approximately 34.5 inches of snow. Acc umulation Triggers In addition to natural snowfall, street plowing operations are one source that contributes to non-natural accumulations of impassable snow at crosswalks and corners. Iowa City’s street snow plowing operations are broken up into three priority levels: Red, Blue, and Green. The Red routes tend to be arterial and bus routes, the Blue routes are heavily traveled streets and steeper grade streets, and the Green routes are flat residential streets and cul-de-sacs. Staff estimates that during a snow event, plows will pass through the Red routes approximately 10-12 times, Blue routes 6-10 times, and Green routes 4-6 times. These estimates are storm dependent. Each pass-through contributes to snow windrows along the edge of a curb ramp (outside the curb lines). This is one reason that many cities researched in the case studies wait until street plowing operations are complete until they start sidewalk clearing operations. In Iowa City, street plowing and sidewalk/intersection clearing are conducted simultaneously. This provides more immediate access to drivers and pedestrians alike but results in an increased work load due to the need for additional passes. Costs Depending on the scope of work desired and the share of work between City crews or contracted crews, costs can vary widely. The City currently conducts the maximum level of snow removal activity possible with existing staff and resources. No staff are on-call, so most employees already work extensive overtime during winter events, thus would not be able to simply take on a larger workload as reasonable breaks and days off are still required for health and safety reasons. Expansion of snow removal activities at corners would require hiring additional staff. Recruitment and hiring for snow removal positions would pose challenges since work would depend on weather patterns and events. Necessary staffing and hours would be erratic and difficult to predict. Consideration should also be payed to any time that is diverted from other obligations and projects to snow removal. The City also does not have the equipment necessary to expand operations. Equipment purchases would be necessary. Staff noted significant increases in the wear-and-tear on equipment during the 2020-2021 winter season due to additional trail miles cleared. These additional miles are planned to continue, and further expansion of operations would also logically increase equipment maintenance and expediate parts and equipment replacement costs. Ice melt costs to treat curb ramps should also be considered. The City uses bagged ice melt in most locations due to the narrow width of the curb ramps. In recent years, the City has received more requests for pet-friendly melt (currently only used at City dog parks), which is double the cost. Finally, even with great care taken, over time snow removal tools and equipment causes damage to sidewalks and turf. If snow removal operations expand, consideration should be payed to the increased and expediated maintenance impacts as well. The City currently contracts for some snow removal outside our staff capacity (private properties in violation and flood buyout properties). At this time, the City’s contractor was not comfortable providing a quote for a large-scale curb ramp clearing operation as it would require hiring additional crew members and purchasing new equipment. Conversations with the cities of Bloomington, MN and Minneapolis, MN have indicated large-scale snow removal operations are expensive due to equipment and staffing. Both municipalities reported needing regular and significant increases in funding. Staff Time Please note, staff time spent on snow clearing is difficult to estimate. Staff time varies widely since each snow event is unique and its duration, severity, and conditions and staffing levels fluctuate for a variety of reasons, as previously discussed. Many curb ramps, including those downtown, are smaller and cannot support machinery so require staff to clear snow and ice with shovels, ice picks, and manual tools. Under more typical circumstances, it is estimated that staff spend 60-100 minutes per mile on one pass of sidewalk/trail snow plowing and 5-15 minutes per curb ramp for one pass of crosswalk/curb ramp snow clearing. Anywhere from one to four staff members work on a segment at a time. City staff currently maintain approximately 240 curb ramps. Travel time between locations must also be accounted for and staff estimate approximately 1/3 of all snow removal staff time is travel time. Based on the estimates of staff, time spent per ramp, and travel time, the total staff time required for one pass-through of the 240 curb ramps (sidewalks not included) is approximately 260 hours*: 240 curb ramps X 20 min. per ramp x 2.5 staff per ramp = 12,000 minutes = 200 hours 200 hours * (1 + 33% travel time) = 266 hours* *This estimate does not include additional passes required for larger/longer storms or time spent on City-maintained sidewalks, trails, and intersections. Accessibility Under Title II of the Americans with Disabilities Act, the City must ensure reasonable snow removal efforts to maintain access to public programs, services, and facilities. In compliance with this standard, the City currently clears all sidewalks, curb ramps, and crosswalks adjacent to City infrastructure and in the Pedestrian Mall (See “Section II: Current City Operations” of this memo) and, in accordance with Iowa Code, imposes snow removal obligations upon private property owners for the natural accumulation of snow and ice on sidewalks abutting their property. Each winter, the City receives various complaints from members of the public regarding impeded accessibility due to snow and ice accumulations on walkways. During the 2020-2021 snow season, the City received 741 complaints. Housing Inspection staff balance enforcing access needs with reasonable cooperation with property owners. When necessary, Inspections staff may issue snow removal notice of violation and use the assessed removal process (134 occurrences last year). Historically, Inspections staff only addressed complaints at sidewalks and did not consider curb ramps an enforceable responsibility of the property owner. Upon review of this issue, the City Attorney’s Office determined curb ramps do fall “outside the lot and property lines and inside the curb lines upon the public streets.” [Iowa Code §364.12(2)(c)], and thus could be enforceable as an obligation of the abutting property owners. In either case, abutting property owners remain responsible only for natural accumulations of snow under state law. Impeded curb ramps or sidewalks blocked by snow and ice deposited there by snow plows, or other non-natural accumulations, continue to present challenges the City must be aware of and responsive to. However, clearing all curb ramps throughout the City after every instance of non-natural accumulation would likely be considered an undue burden under the ADA. The City currently takes considerable measures to proactively ensure reasonable snow removal at high priority locations and to also be responsive to access complaints. Priority Categories Due to finite resources, cities with the most successful and feasible sidewalk and ramp snow removal programs establish priorities for clearing pedestrian routes, such as: • Sidewalks adjacent to city-owned buildings and infrastructure. • Medical care facilities including hospitals, medical clinics, pharmacies, long-term care facilities, and assisted living facilities. • School zones or sidewalks that are in proximity of a school where a bus is not needed. • High-traffic sidewalks and sidewalks along major arterials or highways. • Streetscapes with pedestrian emphasis, central business corridors, and downtown cores. • Sidewalks along transit routes and bus stops. • Curbside sidewalks with a narrow right-of-way or of such proximity to a street that street plows are more likely to cause snow to be re-piled. Resident Snow Removal Timing and Compliance As noted, many factors (staffing levels, weather patterns, accumulation causes) can contribute to access issues on sidewalks and crosswalks. A notable factor is the timing that residents remove snow from the sidewalks abutting their property. Even if City staff cleared all curb ramps, pedestrian access can still be impeded if the resident fails to clear their sidewalk. City Ordinance requires property owners’ clear sidewalks abutting their property within 24 hours after a one-inch or more snowfall, or after any accumulation of ice has ended. Requiring City staff to make multiple pass throughs of snow removal at curb ramps would not be effective in maintaining public access if the adjacent sidewalk has not yet been cleared by the property owner. VI. Scenario Analysis The City believes current State Code language authorizes local ordinances to require corner lot property owners to clear curb ramps abutting their property of natural accumulation. Non-natural accumulation issues at curb ramps and sidewalks with minimal right-of-way would remain. There are approximately 6,976 curb ramps and 391 miles of sidewalk in Iowa City. Of those, city staff currently perform snow/ice maintenance at approximately 240 curb ramps, 74 intersections, and 36 miles of sidewalk. The following scenarios were calculated as a high-level demonstration of impacts for various scenarios of expanded snow clearing at curb ramps and bus stops beyond existing operations. City staff emphasize that each winter season and each snow event is unique and will result in varying levels of staff time and effort. Each scenario assumes 2.5 FTE and 10 minutes spent per curb ramp, 2 pass throughs per snow event, approximately 15 snow events per year, and a +33% adjustment for travel time between locations. Winter weather is much more unpredictable than these assumptions, thus the estimated necessary pass throughs and staff hours could drastically increase or decrease depending on annual snow events and conditions. Scenarios: City Clearing Operations % of total curb ramp cleared Number of Curb Ramps Estimated staff hours required per snow event Estimated staff hours required per year 100% 6,976 19,329 289,940 75% 5,232 14,497 217,455 50% 3,488 9,664 144,970 25% 1,744 4,832 72,485 10% 698 1,932 28,994 5% 349 966 14,497 These calculations also assume 100% of staff time would be dedicated to snow clearing. Based on this assumption, the following table shows the estimated FTE (1.00) that would be required to complete the indicated percentage of curb ramp clearing within one week of the snow event (assuming staff spent 100% of a 40-hour work week on snow clearing operations): Scenarios: City Clearing Operations % of total curb ramps in City Number of Curb Ramps Estimated FTE (1.00) necessary to complete clearing within 1 week of snowfall (100% of 40-hour work week) 100% 6,976 483.23 75% 5,232 362.43 50% 3,488 241.62 25% 1,744 120.81 10% 698 48.32 5% 349 24.16 Conclusion As detailed in this memo, the complications and challenges associated with snow removal and numerous, erratic, and occasionally contradicting. If City Council desires to further explore sidewalk and curb ramp snow removal, staff have identified the following strategies as the most feasible and high-value changes for consideration. Natural accumulation of snow: • Historically, the snow removal obligations for property owners have been clear for abutting sidewalks under City Ordinance but have remained ambiguous for abutting curb ramps. Upon compiling this memo, staff have determined that Iowa Code (and supporting case law) authorizes the City to impose snow removal obligations upon property owners for curb ramps as well. City staff will draft an Ordinance amendment for Council consideration to clarify these obligations. Non-natural accumulations of snow, additional clearing: • If City Council feels sidewalk, curb ramp, and bus stop removal efforts should be strengthened or priorities should shift, Council should communicate focus areas and priorities to staff. If desired, Incremental changes would be recommended to iterate towards the most efficient and effective solutions. Council should anticipate a significant amount of financial resources and additional staff would be required to pursue this option. • If Council wishes for staff to pursue partnership or crowdsourcing options, such as a teen job program, volunteer-matching program, or partnerships with local contractors, Council should communicate goals and desired outcomes so staff can explore appropriate options. Annual financial allocations and possibly staff will be required to operate such programs, depending on the program and scope. Non-natural accumulations of snow, policy change: • Staff could develop and implement a process for seniors and people with disabilities to apply for an extension to the current 24-hour removal period, to allow for time to find assistance shoveling. Inspection staff currently work informally with such property owners who need more than 24 hours. The following actions are currently underway by staff and may also help address snow removal challenges: • Piloting installation of conduction cement at a bus shelter • Strengthening volunteer recruitment and coordination efforts and resources Item Number: 4. A ugust 5, 2021 2021 Bu ildin g Statistics AT TAC HM E NT S : Description 2021 B uilding Statistics Item Number: 5. A ugust 5, 2021 Civil Service Examin ation : Civil Engin eer AT TAC HM E NT S : Description Civil S ervice E xamination: Civil E ngineer Item Number: 6. A ugust 5, 2021 Civil Service Examin ation : Pu b l ic Safety Information O fficer AT TAC HM E NT S : Description Civil S ervice E xamination: Public Safety I nformation Officer Item Number: 7. A ugust 5, 2021 Civil Service Examin ation : Treatmen t Plan t O p erator - Water AT TAC HM E NT S : Description Civil S ervice E xamination: Treatment P lant Operator - Water Item Number: 8. A ugust 5, 2021 Ad Hoc Truth & Recon ciliation Commission: Ju l y 22 AT TAC HM E NT S : Description Ad Hoc Truth & Reconciliation Commission: J uly 22 July 22, 2021 Draft Ad Hoc Truth and Reconciliation Commission Minutes (Electronic) Zoom Platform Regular Meeting Commissioners present: Amel Ali, Daphney Daniel, Chastity Dillard, Wangui Gathua, Eric Harris, Clifton Johnson, Kevin Rivera, Mohamed Traore. Commissioners not present: Sikowiss. Staff present: Stefanie Bowers. (Electronic Meeting Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of commission members, staff, and the public presented by COVID-19. Meeting called to order: 7:08. Discussion of Land Acknowledgement: Rivera read the Land Acknowledgement, Approval of Minutes from the July 8, 2021: Traore moved, and Rivera seconded. Motion passed 8-0. Public Comment of Items not on the Agenda: None. Request for Proposals Update and Next Steps: Staff updated the Commission on the one submission received for the role of a facilitator. The Commission requested that all evaluations be sent to the Purchasing Department no later than Monday, August 2, 2021 versus the original due date of Friday, August 6, 2021. The Commission discussed and agreed that if they decided not to move forward on this proposal, they will move forward with a referral process from Commission members and bypass using the RFP process again. Budget Updates – Action Plan for City Council Meetings: Chair Traore will present to the Council, Commissioner Harris will assist as well as other Commission members. Commissioners Johnson, Harris, Gathua, Dillard, and Traore will be present at the Council meeting being held on July 27, 2021. Commissioner Rivera and Commissioner Gathua will attend the Human Rights Commission meeting on July 27, 2021 to discuss the Land Acknowledgement. Revisit the TRC’s Mission & The Framework Used to Complete Work: The Commission discussed the possibility of having an official letter that speaks of who they are as a Commission and mentions their authority. They also spoke on the Commission holding their own truth-telling session. By Commission members speaking their truths it may assist members of the public to feel more comfortable to come forward to tell their stories. Update on Future Meetings and Discussion: A few Commissioners do not feel comfortable meeting in person, due to the new Delta variant of COVID-19. Staff will work with the Communications Department to set up a hybrid meeting. Under Iowa law it will still require that a majority of Commissioners are present to meet in-person. Community Topics for Discussion: Excluded Workers: Members of the public spoke on the concern that the timeline established by the City is too delayed to appropriately distribute American Rescue Plan funds. It was also mentioned that the Excluded Worker Coalition will meet with the Iowa City City Manger’s Office on Friday, July 30, 2021 at Saint Patrick's Church. Increasing Public Engagement: The Commission discussed ways they could better engage with the community when doing outreach and/or holding sessions. Critical Race Theory: The Commission plans on making a statement against the ban on critical race theory here in Iowa. The Commission would also like to hold a community event where persons who support this new law and persons who do not support this new law can engage in a conversation on the topic. The Commission wants to hear from members of the public to learn why Critical Race Theory should be taught. The Education Subcommittee will discuss this at the next meeting. Commission Announcements: Rivera, spoke on a series of conversations sponsored by the Carver College of Medicine and Psychiatry Department on the intersectionality of health on marginalized communities. These sessions are recorded and can be viewed at a later date. Gathua, spoke on a presentation from Iowa Legal Aid on Fair Housing and is looking forward to more collaborations with them. Gathua also spoke on a conference on Human Trafficking that focused on African women being targeted for trafficking in the state of Iowa. Traore, spoke on National Night Out being held on Tuesday, August 3, 2021 and reminded all Commissioner of the importance of preserving their mental health and taking care of themselves. Daniel, commented on the CDC moratorium on evictions that ends July 31, 2021 and the effect these evictions will have on persons of color and that there are emergency funds available to persons that were unable to pay their rent due to the pandemic. Staff Announcements: None. Adjourn: 9:00 PM AD HOC TRUTH & RECONCILIATION COMMISSION ATTENDANCE RECORD YEAR 2021 (Meeting Date) NAME TERM EXP. 4/15 4/29 5/13 5/27 6/10 6/24 7/8 7/22 8/5 8/19 9/2 9/16 9/30 10/7 Ali 6/22 X X X X X X X Daniel 6/22 X X X X X X X Dillard 6/22 X X X X O X X Gathua 6/22 X X X X X X X Johnson 6/22 X X X X X X X Harris 6/22 O X X X X X X Nobiss 6/22 X O X X X X X Rivera 6/22 X X X X X X X Traore 6/22 X X X X X X X KEY: X = Present O = Absent X X X X X X X O X Item Number: 9. A ugust 5, 2021 Plan n ing & Z on ing Commission : July 15 AT TAC HM E NT S : Description Planning & Z oning Commission: J uly 15