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HomeMy WebLinkAbout2022-09-29 Info PacketI 11 ti .64N1-1111aT- v41 ..,,am =awl:Fir CITY OE !IOWA CITY www.icgov.org City Council Information Packet September 29, 2022 IP1. Council Tentative Meeting Schedule October 3 Work Session IP2. Work Session Agenda IP3. Pending City Council Work Session Topics Miscellaneous IP4. Memo from City Clerk: Joint Entities Agenda Items for October 17 IP5. Civil Service Examination: Housing Receptionist Draft Minutes IP6. Community Police Review Board: September 13 September 29, 2022 City of Iowa City Page 1 Item Number: 1. CITY OE IOWA CITY www.icgov.org September 29, 2022 Council Tentative Meeting Schedule ATTACHMENTS: Description Council Tentative Meeting Schedule A &IT CITY OF IOWA CITY Date City Council Tentative Meeting Schedule Subject to change Time September 29, 2022 Meeting Location Monday, October 3, 2022 4:00 PM 6:00 PM Work Session Formal Meeting City Hall, Emma J. Harvat Hall 410 E. Washington Street Monday, October 17, 2022 4:30 PM Joint Entities Meeting City Hall, Emma J. Harvat Hall Hosted by City of Iowa City 410 E. Washington Street Tuesday, October 18, 2022 4:00 PM 6:00 PM Work Session Formal Meeting City Hall, Emma J. Harvat Hall 410 E. Washington Street Tuesday, November 1, 2022 4:00 PM 6:00 PM Work Session Formal Meeting City Hall, Emma J. Harvat Hall 410 E. Washington Street Tuesday, November 15, 2022 4:00 PM 6:00 PM Work Session Formal Meeting City Hall, Emma J. Harvat Hall 410 E. Washington Street Tuesday, December 6, 2022 4:00 PM 6:00 PM Work Session Formal Meeting City Hall, Emma J. Harvat Hall 410 E. Washington Street Item Number: 2. egg jah-E*1 CITY OE IOWA CITY www.icgov.org September 29, 2022 Work Session Agenda ATTACHMENTS: Description Work Session Agenda I r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX wV%w. icgov. org Iowa City City Council Work Session Agenda October 3, 2022 - 5:00 PM Emma J. Harvat Hall 410 E. Washington Street www.icgov.org Meeting Rules can be found at: icgov.org/meetingrules You can watch the meeting on cable channel 4 (118.2 QAM) in Iowa City, University Heights and Coralville, or you can watch it online at any of the following websites: • https:llcitychannel4.coni/live • https:l/www.youtube.com/user/citychanne14llive • httpsJifac ebook.comfCityoflowaCity • Capitol Projects Update • Clarification of Agenda Items • Information Packet Discussion [September 22, September 29] Council direction needed on the following items: 1. (9/22) IP2 Memo from Parks & Recreation Director: Happy Hallow Park Review of Public Input and Recommendations from Parks & Recreation Commission 2. (9/29) IP4 Memo from City Clerk: Joint Entities Meeting Agenda Items for October 17 • University of Iowa Student Govemment (USG) Updates • Council updates on assigned boards, commissions, and committees Item Number: 3. I CITY OE IOWA CITY www.icgov.org September 29, 2022 Pending City Council Work Session Topics ATTACHMENTS: Description Pending City Council Work Session Topics a � ,:III, + p CITY OF 1owA CITY UNESCO CITY OF LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS September 29, 2022 Other Topics: 1. Consider a plan for rubberized surfacing at park playgrounds and develop strategies to address equity gaps noted in the Parks Master Plan and plan for the equitable distribution of destination parks within an easy and safe distance of all residents. 2. Discuss possible changes to residential zoning classifications to allow and/or require a greater diversity of housing types (i.e. missing middle) 3. Consider establishing a cost of development framework that can help guide decisions on how best to accommodate future growth 4. Review low-income fare free transit options 5. Review Sunday transit service operational proposal 6. Discuss low -intensity commercial use allowances in residential zones 7. Discuss long-term planning work group priorities 8. Discuss Local Option Sales Tax 9. Discuss a land acknowledgement for City Council meetings 10. Strategic Planning sessions 11. Climate Action Initiative Update 12. Parks and Recreation Master Plan 13. Quarterly American Rescue Plan Act Update Item Number: 4. I CITY OE IOWA CITY www.icgov.org September 29, 2022 Memo from City Clerk: Joint Entities Agenda Items for October 17 ATTACHMENTS: Description Memo from City Clerk: Joint Entities Agenda Items for October 17 r ��f_..:,,_,t CITY OF IOWA CITY MEMORANDUM ,......_____ Date: September 28, 2022 To: Mayor and City Council From Kellie Fruehling, City Clerk Re: Joint Entities Meeting Agenda Items for October 17 The next joint meeting with City Councils of Johnson County municipalities, the Johnson County Board of Supervisors, the Iowa City School District and neighboring school districts will be held on Monday, October 17, 2022. The meeting will be hosted by the City of Iowa City. Please come prepared to discuss agenda items you would like to include on that agenda at the next Council work session on October 3rd. A complete agenda and meeting date confirmation will be available in your packet preceding the October 17th joint meeting. Item Number: 5. CITY OE IOWA CITY www.icgov.org September 29, 2022 Civil Service Examination: Housing Receptionist ATTACHMENTS: Description Civil Service Examination: Housing Receptionist immaanaiEcT CITY OF IOWA CITY 110 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www, Icgov, org August 31, 2022 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Housing Receptionist Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Housing Receptionist. Mary Hernandez Iowa City Civil Service Commission Oitu.L.ocia4 OA-6L.A. Ann Rhodes, Chair Item Number: 6. I CITY OE IOWA CITY www.icgov.org September 29, 2022 Community Police Review Board: September 13 ATTACHMENTS: Description Community Police Review Board: September 13 Preliminary COMMUNITY POLICE REVIEW BOARD MINUTES — SEPTEMBER 13, 2022 CALL TO ORDER: Vice -Chair Orville Townsend called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies, Orville Townsend, Stuart Vander Vegte (5:35 p.m.) MEMBERS ABSENT: Amanda Nichols STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford OTHERS PRESENT: Iowa City Police Captain Denise Brotherton, CPRB Liaison — Councilor Laura Bergus, Deputy City Manager Redmond Jones RECOMMENATIONS TO COUNCIL (1) Accept CPRB #22-06 Report (2) Accept CPRB #22-07 Report CONSENT CALENDAR Motion by MacConnell, seconded by Jensen to adopt the consent calendar as presented. • Minutes of the meeting on 08/16/22 • ICPD Policy 304 (Conducted Energy Device) • ICPD Policy 1033 (Wellness Program) Motion carried 5/0. Nichols and Vander Vegte absent. NEW BUSINESS Select Nominating Committee — Mekies and MacConnell volunteered to be on the nominating committee. They will report back to the Board with recommendations for Chair and Vice Chair at the next meeting. Discuss CPRB Board Powers (8-8-813)(1) "On its own motion, by a simple mjority vote of all members of the board, the board may file a complaint." - MacConnell stated she has some concerns about a Board member having the ability to submit a complaint on the Boards behalf based on videos seen on the news and on social media. She referred to a statement made by previous Chairman Selmer who said the Board could only respond to complaints that were filed by a citizen and if a Board member saw something they had a concern about, they could file a complaint individually as a citizen. She explained she is following two principles. First is to be fair and to protect the integrity of the Board. Second, she strongly objects to a complaint being filed based on something that was posted on social media or was seen on the news. She noted the Board has always stated that a complaint can only be filed by someone who was "in the vicinity and saw it with their own eyes." She pointed out if the Board can do this, then what is stopping the public from filing complaints based on social media and the news as well. She shared if this situation comes up in a future meeting, she will abstain to save the Board's integrity. Jensen stated she shares in MacConnell's concerns. She noted it is difficult for the Board to be objective when filing a complaint based on social media etc. Townsend shared that having worked with CPRB September 13, 2022 people with mental illness, he understands they are quite vulnerable, and as such are not going to file a complaint on their own. Townsend thinks removing this option from the ordinance may exclude these individuals. He said it is necessary for the Board to protect the vulnerable population. MacConnell reminded Townsend that individuals are invited to have a support person assist them in the process. Ford explained that the ordinance allows a board member to make a motion to file a complaint and putting it to vote by the Board. If approved, a board member will file a complaint on behalf of the entire board. He said to remove this power would require approval by the Board and then Council. Jensen said while the ordinance gives the Board the power to file a complaint, it is necessary to take into consideration of the concerns of all Board Members. Vander Vegte shared that after seeing a particular incident on social media and on the news, he felt it was necessary for the Board to further investigate the incident. He pointed out that in an instance where a person may have a criminal record, they are not likely to file a complaint on their own. He further noted it is important for the Board protect the public while also having a good relationship with the police officers who are here to serve and protect. If the Board were to file a complaint, it would allow members to view the body -cam video may provide more of the necessary information. Ford suggested perhaps the Board could suggest an amendment to the item in the ordinance to include specific parameters to be met prior to filing a report. Townsend asked MacConnell put some notes together regarding the potential ordinance amendment and to let the Board know when she has this complete so it can be added to a future agenda. OLD BUSINESS None PUBLIC DISCUSSION None BOARD INFORMATION None STAFF INFORMATION Jensen expressed her desire to move the meetings back to the Helling Conference Room stating it is easier to hear other board members speak and it puts the members as a closer proximity to the big screen when viewing reports etc. This item will be added to the October agenda for further discussion. MEETING SCHEDULE and FUTURE AGENDAS • October 11, 2022 5:30 PM, Emma J. Harvat Hall • November 8, 2022, 5:30 PM, Emma J. Harvat Hall December 13, 2022, 5:30 PM, Emma J. Harvat Hall January 10, 2022 5:30 PM Emma J. Harvat Hall EXECUTIVE SESSION Motion by Jensen, seconded by Vander Vegte, to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are CPRB September 13, 2022 made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried 6/0. Nichols absent. Open session adjourned at 5:50 p.m. REGULAR SESSION Returned to open session at 6:21 p.m. Motion by Jensen, seconded by Vander Vegte, to accept CPRB Report #22-06 as amended and forward to City Council. Motion carried 5/0. Mekies abstained. Nichols absent. Motion by Vander Vegte, seconded by Jensen, to accept CPRB Report #22-07 as amended and forward to City Council. Motion carried 6/0. Nichols Absent. ADJOURNMENT Moved by Mekies, seconded by Vander Vegte to adjourn the meeting at 6:25 p.m. Motion carried 6/0. Nichols absent. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2021 - 2022 NAME 9120/21 10/12/21 11/1/21 11/9/21 12/13/21 01/11/22 02/08/22 03/08/22 04/08/22 04/20/22 FORUM 05/10/22 06/14/22 07/12/22 08/16/22 09/13/22 Ricky Downing --- -- — -- — ---- - -- — X X X X X X X Melissa Jensen --- — ---- — — — — -- -- X X X 0 X X X Jerri MacConnell X X X X X X X X X X X X X X X Saul Mekies X X X X X X X X X X X X X X X Amanda Nichols X X X X X X X X 0/E X X X X O/E O/E Theresa Sccberger X X X X 0 0 -- --- — — — — — `"' —" Orville Townsend X X X O/E X X X X X X X X X X X Stuart Vander Vegte — — — •... — -- ---- — X X 0/E 0/E X O/E X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 September 13, 2022 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint # 22 - 06 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB # 22 - 06 (the "Complaint"). BOARD'S RESPONSIBILITY: Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chief's professional expertise. (Iowa City Code Section 8-8-7(B)(2)).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chief's findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary, or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. 5 When the Board has completed its review of the Police Chief's report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3)).) 6 Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE: The Complaint was initiated by the Complainant on April 7, 2022. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on June 1, 2022. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chief's report. The Board voted on July 12, 2022 to apply the following Level of Review to the Chief's Report: on the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board met to consider the Report on July 12, 2022, August 16, 2022, and September 13, 2022. Prior to the July 12, 2022 meeting, the Board had the opportunity to review the complaint and the Police Chief's report, and to watch and listen to body worn camera and/or in -car camera footage showing the interaction between the officers and complainant. FINDINGS OF FACT: Complainant called police about a verbal altercation between him and employees at Hy Vee. He felt he had a dissatisfactory engagement with employees. Police were dispatched. The underlying basis for the altercation between the complainant and the store employees was unclear. When police arrived, complainant was unhappy with treatment of the complaint and how the police officers treated the complainant. These are the things that the complainant felt were not done according to procedure. ALLEGATION 1 — Neglect of Duty — Violation of ICPD Rules and Regs 315 Duty Responsibilities — Officers shall respond to requests for police assistance from members of the public. Chief's Conclusion — Not Sustained Board's Conclusion — Not Sustained Basis for Board's Conclusion — The complainant alleged the officers involved were somehow neglectful in their duties in dealing with complainant's situation. "Both officers listened patiently to the Complainant voice his complaints about a private business, Hy -Vee. However, the officers determined that the employees did not assault or harass the Complainant, so there was no criminal act for the officers to investigate. One officer tried to explain that the situation was not a police matter, and would be best handled by filing a complaint with Hy -Vee management. The other officer told the Complainant the officer did not know how the officers could help the Complainant, and asked how they could help. The officers were called to the scene by Hy -Vee management — not by the Complainant. There is nothing to support the Complainant's allegations that the officers did not respond to a request for police assistance. After reviewing body cam footage, the Board felt there was no basis to the allegation. ALLEGATION 2 — Officer's business cards were not provided — Violation of ICPD Rules and Regs Rule 335.10 Department Business Cards — A personalized card may be used by officers. Chief's Conclusion — Not Sustained Board's Conclusion — Not Sustained Basis for Board's Conclusion - The complainant alleged the officers involved did not have business cards with them. According to rule 335.10, Officers are not required to have business cards on hand, but it is considered the best practice. One of the officers did give their badge numbers and names to the complainant. Therefore, the Board felt there was no basis to the allegation. ALLEGATION 3 — Discourtesy — Violation of ICPD Rules and Regs 320.04 Courtesy — Members shall be courteous and orderly in their dealings with the public. Chief's Conclusion — Not Sustained Board's Conclusion — Not Sustained Basis for Board's Conclusion - The complainant alleged the officers involved were discourteous in the execution of their duty. Both officers were patient, professional and compassionate to the complainant. Both officers behaved courteously and were clearly interested in the complainant's well- being. The officers offered advice to the complainant on how to remedy the matter to his satisfaction. After reviewing body cam footage, the Board felt there was no basis to the allegation. COMMENTS: The Board agrees that carrying of business cards is best practice. COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 September 13, 2022 To: City Council Complainant City Manager Chief of Police The officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint #22-07 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #22-07 (the "Complaint"). BOARD'S RESPONSIBILITY: Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chief's report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named the officer(s) and other the officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chief's professional expertise. (Iowa City Code Section 8-8-7(B)(2)).) 4. According to Iowa City Code Section 8-8-7(6)(2), the Board can recommend that the Police Chief reverse or modify the Chief's findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary, or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. 5. When the Board has completed its review of the Police Chief's report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE: The Complaint was initiated by the Complainant on May 19, 2022. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on July 8, 2022. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chief's report. The Board voted on August 16, 2022 to apply the following Level of Review to the Chief's Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7 (B)(1)(a). The Board met to consider the Report on July 8, 2022, August 16, 2022, and September 13, 2022. Prior to the July 12, 2022 meeting, the Board had the opportunity to review the complaint and the Police Chiefs report. At the Juiy 12, 2022 meeting, the board had the opportunity to watch and -listen to body worn camera and/or in -car camera footage showing the interaction between the officer-a_iid the complainant. FINDINGS OF FACT: On 3/29/2022, the officer took a phone request for a theft and returned the call. The CorCiplainant advised she had hired a mover in 2020 to move belongings from a location in Iowa City to a location in Texas, and pieces of her property were not delivered after paying for the services. The officer advised the Complainant that it was a civil matter and not criminal. The Complainant then left another message for the officer with the mover's contact information. The officer spoke with the mover and then contact the Complainant, advising her of the conversation with the mover, and suggested to her to work out the situation with the mover. On 4/13/2022, additional calls from the Complainant were received by a supervisor, who emailed the officer. The officer contacted the Complainant on 4/15/2022, and advised her if the Complainant wanted to make a fraud report, she should work with her bank. An additional call was received by a supervisor from the Complainant on 5/19/2022, an email was sent to the officer, who returned a call to the Complainant on 5/21/2022 when he returned from time off. The Complainant emailed the officer her bank statement, and the officer advised he would let her know if there was anything criminal. The officer determined the issue was still a civil matter. The officer had no unanswered contacts from the Complainant and all calls were recorded. The Cedar Rapids Police Department was originally contacted by the Complainant on 5/22/2020, she was advised the matter was civil and referred to the Iowa City Police Department as the reported transaction occurred in Iowa City. The Complainant did not contact Iowa City until 3/29/2022.