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Home My WebLink About2023-12-07 Info Packet � r rrr®�� City Council Information Packet CITY OF 10"IA CITY December 7, 2023 Council Tentative Meeting Schedule IP1. Council Tentative Meeting Schedule December 12 Work Session IP2. Work Session Agenda IP3. Memo from Economic Development Director - Preparation for 21 S. Linn Street Developer Selection Process IP4. Pending City Council Work Session Topics Miscellaneous IP5. Memo from Director of Parks & Recreation and Recreation Superintendent: Recreation Division Proposed Use of Ned Ashton House IP6. Memo from Climate Action Coordinator: Whole Home Electrification/Housing Choice Voucher Pilot Program IP7. Johnson County Emergency Management Agency Media Release: Rescheduled - Johnson County Hazard Mitigation Plan Kick-Off Meeting 2023 IP8. Building Statistics: November 2023 IP9. Civil Service Examination: Maintenance Operator - Water IP10. Civil Service Examination: Maintenance Worker II - Streets IP11. Civil Service Examination: Recreation Program Supervisor - Aquatics Draft Minutes IP12. Ad Hoc Truth & Reconciliation Commission: November 9 IP13. Ad Hoc Truth & Reconciliation Commission: November 16 IP14. Airport Commission: November 15 IP15. Community Police Review Board: November 14 December 7, 2023 City of Iowa City Item Number: IP1. CITY OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Council Tentative Meeting Schedule Attachments: Council Tentative Meeting Schedule City Council Tentative Meeting Schedule nil Subject to change CITY OF IOWA CITY December 7,2023 Date Time Meeting Location Tuesday, December 12,2023 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,January 2,2024 4:00 PM Special Formal-Organizational Meeting City Hall,Emma J. Harvat Hall Work Session 410 E.Washington Street 6:00 PM Formal Meeting Tuesday,January 16,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Saturday,January 20,2024 8:00 AM Budget Work Session City Hall,Emma J. Harvat Hall 410 E.Washington Street Monday,January 22,2024 4:30 PM Joint Entities Meeting City Hall,Council Chambers Hosted by the City of Coralville 1512 7th Street Wednesday,January 24,2024 2:00 PM Budget Work Session(CIP) City Hall,Emma J. Harvat Hall 410 E.Washington Street Tuesday, February 6,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, February 20,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, March 19,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,April 2,2024 4:00 PM Special Formal Meeting City Hall,Emma J. Harvat Hall Work Session 410 E.Washington Street 6:00 PM Formal Meeting Tuesday,April 16,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, May 7,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, May 21,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,June 4,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,June 18,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,July 16,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,August 6,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,August 20,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,September 3,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,September 17,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,October 1,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,October 15,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Monday, November 4,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, November 19,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, December 10,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Item Number: IP2. CITY OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Work Session Agenda Attachments: Work Session Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5041 If you will need disability-related accommodations in order to participate in this program/event, please contact Kellie Grace at 319-356-5041, kgrace@iowa- city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Iowa City City Council - Work Session r Agenda �+r Work Session December 12! 2023 - 4:00 PM CITY OF IOWA CITY Emma J. Harvat Hall 410 E. Washington Street www.icgov.org City of Iowa City Land Acknowledgment can be found at: icgov.orgtla nd acknowledgement Meeting Rules can be found at: icgov.orglmeetingrules 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.com/live • https.1/www.youtube.com/usericitychannel4/live • hftps:l/facebook.com/CityoflowaGity 1. Joint meeting with the Planning & Zoning Commission 2. Review of Chauncey and RISE processes to inform future 21 S. Linn plans 3. USG Presentation of Renter's Guide 4. Clarification of Agenda Items 5. Information Packet Discussion [November 22, November 30, December 7] 6. University of Iowa Student Government (USG) Updates 7. Council updates on assigned boards, commissions, and committees Item Number: IP3. CITY OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Memo from Economic Development Director - Preparation for 21 S. Linn Street Developer Selection Process Attachments: Memo from Economic Development Director - Preparation for 21 S. Linn Street Developer Selection Process r r��h�. -4 CITY OF IOWA CITY MEMORANDUM Date: December 7, 2023 To: City Council From: Rachel Kilburg, Economic Development Coordinator Re: Preparation for 21 S. Linn Street Developer Selection Process Introduction At the July 11, 2023 regular formal City Council meeting, Council approved a purchase agreement for acquisition of the vacant lot at 21 S. Linn St., Iowa City. After a due diligence period, the City closed on the property in August 2023. The City's acquisition of the property is intended to facilitate redevelopment in a manner that is in the best long-term interests of the community. The property is zoned Central Business Zone (CB-10), which encourages high density, compact, pedestrian oriented shopping, office, service, and entertainment area uses. This zone is intended to accommodate a wide range of retail, service, office, and residential uses in a manner which is consistent with the Downtown Iowa City landscape. As such, rezoning is not anticipated. The next steps in this redevelopment process are to determine the future use of the site through public engagement, City Council goal setting, and a preferred developer/proposal selection process. High-level objectives of the developer selection process include: • Establishing transparent, predictable process; • Incorporating meaningful stakeholder & public involvement throughout the process, including engagement with the Iowa City Downtown District; and • Obtaining a public-private partnership incorporating significant public benefits. The 21 S. Linn St. redevelopment process will kick off at the December 12, 2023 Work Session where staff will provide a presentation reviewing past examples of public-private development processes. The City has prior experience facilitating private redevelopment projects through the sale of City-owned property. The Chauncey (404 E. College St.) and the RISE at Riverfront Crossings (435 S. Linn St.) are two such examples which offer a guiding framework for the 21 S. Linn St. redevelopment process. The Request for Proposals (RFP)which was issued for both the Chauncey and RISE processes are included in the December 7, 2023 City Council Information Packet and may serve as helpful examples in planning for the future of 21 S. Linn St. Beginning with the kick-off discussion on December 12, staff anticipate the following general timeline and next steps in the process: Phase 1: Review of Chauncey and RISE sale and redevelopment processes during the Dec. 12, 2023 work session. Phase 2: Public Engagement Planning and Execution (February '24 to June '24) r -4 CITY OF IOWA CITY MEMORANDUM • Staff to develop public engagement recommendations for City Council review and approval in public work session • Execution of public engagement and presentation of results to the City Council Phase 4: RFP Development (June '24 to August '24) • Development of high level goals for the property to be developed by staff and City Council in a public work session, along with discussion and determination of a proposal review process • RFP draft to be approved for release by City Council in a public work session Phase 5: Issue RFP (Sept '24 to October '24) • Anticipate 45-60 days for response Phase 6: RFP Review (TBD) • Review commences, with the goal to select a preferred developer/proposal it May 30, 2014 � � CITY OF IOWA CITY 410 East Washington Street Request for Proposals: Private Developer for the Ionia City, Iowa 52240-1826 (3 19) 356-5000 Court St / Linn St Redevelopment Site, Iowa City, IA (319) 356-5009 FAX www.icgov.org PLEASE TAKE NOTE: This document constitutes a Request for Proposal, and is not a request for professional services, a request for a bid or a construction contract. Acceptance of a proposal may result in a binding contract between the City and the proposer, contingent upon certain legislative acts of the City Council related to zoning, sale of land and approval of a Development Agreement. Notice to proposers: One signed original proposal, and one copy on a flash drive will be received at the City Clerk's office at Iowa City City Hall. Address proposals to: City Clerk, City Hall, 410 East Washington Street; Iowa City, Iowa 52240, on or before the time and date specified below. All proposals shall be enclosed in a sealed envelope and marked on the outside in bold letters: Private Developer Proposal for the Court St/Linn St Redevelopment Site. Faxed and e-mailed proposals will not be accepted. Proposals due: 4:00 p.m. on Monday, July 16, 2014 A non-mandatory pre-proposal meeting will be held Friday, June 6, 2014, in Harvat Hall, the City Hall City Council Chambers. This meeting is being held to review the RFP, clarify the City's expectations, and answer questions. Attendance is not compulsory. Proposals may be made to the City regarding a proposed development on the property, more specifically described herein. As more particularly described in Section 6 entitled "Reservation and Disclosures", the City retains the right to reject proposals as non-responsive, to ask for clarification, to enter into negotiations to discuss cost, scope of work, procedures, and final work product. Acceptance of a proposal does not constitute contract approval or approval for construction purposes; normal administrative and legislative procedures and actions will be required including but not limited to rezoning, property sale, approval of financing, site plan and building permit approval. Questions should be directed via e-mail to: Jeff Davidson, Economic Development Administrator City of Iowa City, Iowa 410 East Washington Street Iowa City, Iowa 52240 Jeff-davidson(cDiowa-city.org RFP Contents Section 1: Background Information and Project Goals ............................................... 3 Section 2: About Iowa City.......................................................................................... 7 Section 3: Zoning Parameters .................................................................................... 9 Section 4: Potential Public Financing Options and Development Agreement........... 11 Section 5: Submittal Requirements........................................................................... 12 Section 6: Reservation and Disclosures ................................................................... 14 Section 7: Application Review and Scoring .............................................................. 16 Section 8: Non-assignment of Interest...................................................................... 18 Exhibit A: Proposal submittal signature form ........................................................... 19 Exhibit B: Listing of lawsuits or litigation form .......................................................... 20 2 Request for Proposals Private Developer for the City of Iowa City Court St / Linn St Redevelopment Site SECTION 1: BACKGROUND INFORMATION AND PROJECT GOALS This Request for Proposals (RFP) is directed to private developers and development teams interested in the development of an urban building (the "Project") on the east half of Block 1 County Seat Addition, the former St. Patrick Church Parish Hall site, in the Riverfront Crossings District in Iowa City. The City intends to enter into a development agreement and convey the property to the development team which best meets the City's goals. The Project is envisioned as a privately-owned urban building or complex of buildings. The Project site is the east half of Block 1 , County Seat Addition, bounded by Court St on the north, Linn St on the ; east, Harrison St (vacated) on the south, and a north- south alley on the west. The Project property is I/ block in size plus the vacated Harrison Street ROW, with M dimensions of approximately 150' x 400'. The vacated Harrison Street ROW contains a storm sewer that will require relocation or reconstruction at the developer's expense. The Project property is owned by the City of Iowa City and is currently occupied by a vacant building ? ; and surface parking. An aerial view of the Project property is shown to the right, and location maps are shown on pages 5 and 6. The purpose of this RFP is to solicit proposals from developers and development teams interested in acquiring and developing this property. The City intends to convey the property to the selected development team. The City's goals for the Project are consistent with the City's Economic Development Policies and Downtown & the Riverfront Crossings Master Plan (see link below). Iowa City's general economic development goals are described below and are followed by specific Project goals on page 4. General community objectives for redevelopment projects: • Increasing the taxable valuation of property • Achieving high quality architectural and site design • Redevelopment of vacant / blighted property • Achieving energy-efficient development with sustainability features • Creating high quality employment opportunities 3 Establishing land uses consistent with adopted redevelopment plans Goals for this Project include: 1 . An urban building generally consistent with the goals of the Downtown & Riverfront Crossings Master Plan, which emphasizes an urban, walkable neighborhood and high quality architectural and site design. The Downtown & Riverfront Crossings Master Plan can be found via this link: http://www.icgov.org/riverfrontcrossings. 2. A variety of uses will be considered for the Project, including hotel, residential, office and / or retail. 3. An active first floor frontage to a depth of at least 30 feet is required. Parking is not allowed within the first 30 feet of lot depth along both street frontages. 4. An energy efficient building with notable sustainability features such as geothermal heating/cooling, use of solar (passive and/or photovoltaic), and/or other innovative features. 5. A minimum of 20,000 sq. ft. of office space oriented toward applied research, business accelerator/incubation type uses. The relationship this space would have with the City of Iowa City, the University of Iowa, and the Iowa City Area Development group would be subject to negotiation. 6. If residential uses are proposed, units oriented to permanent residents are encouraged. Units which are designed and marketed to households desiring to live in a high quality / high amenity urban building are encouraged. 7. If residential uses are proposed, a mix of units affordable to 'workforce housing' households (affordable to households earning between 80% and 120% of Area Median Income) is encouraged. If workforce housing units are proposed, the City will require a negotiated percentage of the units be sold or rented to households earning between 80% and 120% of AMI at the time of sale or rental. 8. If residential uses are proposed, the City encourages that a percentage of residential units be affordable to households earning less than 80% of AMI. It is anticipated that these 'affordable' housing units would be rental. South Downtown District, Riverfront Crossings Plan page 60 III.; ... .• '' I h .I I• .I City a°lo-wa Cty Pnpmvd Map t: Court f Linn ��"`�� -------- oab wepEM 3M%Mr4 Redevelopment Site . ,m oia jdl.01CAM4 E COURT Sr r . Ps � v r 4 t s Yi] - 1 4 -i v iF r _ . F L.7 • - � IR 0014 " ISO, ARRiSON ST Row - n e IN IN d ■ Y y � { i E Vii` Location Map #2 City ot Iowa city Prepared by:K Ackgrson N Map 2: Data 3/2912014 ProjectLocation q N m O S z IOWA AVE N W -- J O EWns INGTON SI l� E COLLEGE ST J Z 0 Z Q Z r J W y JF1 � UINC E COURT ST Project vzaLocationE HARRISON ST F Iowa LuI5 t:] parki E PRENTISS ST ��al File location:SAII City GISIPCn_Maps\ Urban_Planning12O120420 John Wlsar ReoevelopmentWlap 2.mxo 6 SECTION 2: ABOUT IOWA CITY Iowa City is a vibrant Big Ten university city located in Johnson County in east-central Iowa. With a 2010 population of 67,862, Iowa City has been consistently growing in population for decades. The 2010 population of the larger Iowa City Metropolitan Statistical Area (MSA) is 152,586 — and has increased 14.8% since 1990, outpacing both the State of Iowa and the United States as a whole. Iowa City is home to the University of Iowa with approximately 31 ,000 students, and the University of Iowa Hospitals and Clinics, one of the largest teaching hospitals in the nation. As a center of culture, athletics, education, and commerce, Iowa City attracts millions of visitors throughout the year. The University of Iowa offers many athletic events, large and small theater events, and readings by poets, novelists, and academic speakers. The City of Iowa City also has many attractions including fine dining, music and arts festivals throughout the year; the historic Englert Theatre, and several other theater companies, such as the outdoor Riverside Theatre. Iowa City is the only city in the United States named as a UNESCO City of Literature, recognizing the University of Iowa Writers Workshop, award-winning bookstores, and community support for local writers. More general information about Iowa City can be found on the City website at www.icgov.org. Strong and Diverse Economy: Iowa City boasts a strong and diverse economy. The economy is anchored by the University of Iowa, with 18,486 employees, and the University of Iowa Hospitals and Clinics, with an additional 7,791 employees. The academic and research mission of the University, along with the healthcare services and employment provided at the hospitals and clinics, have a stabilizing influence on the area. The evidence of stable economic conditions is reflected in the low unemployment rate of 3.9% (Bureau of Labor Statistics, July 2013). Iowa City also hosts a number of national and international businesses, including several Fortune 500 Companies. Iowa City is home to ACT, Pearson, International Automotive Components, Procter and Gamble and scores of smaller industries and businesses. More information about the leading employers and workforce demographics can be found at the Iowa City Area Development Group website at www.iowacitVareadevelopment.com. 7 National Recognition: Iowa City has a track record of being one of the best places in the country to live and do business: Iowa City #46, "Top 100 Places to Live," Livability.com, October 2013 University of Iowa #29 in "2014 Edition: The Top 30 Public National Universities," U.S. News & World Report, September 2013 Iowa City #13, "The Best Small Places for Business and Careers" (Small Cities), Forbes, August 2013 Iowa City #6, "Nation's Top 10 College Towns," Livability.com, August 2013 Iowa City #13, "Best US Cities for Work/Life Balance," Nerd Wallet, July 2013 Iowa City #4, "America's Smartest Cities," Lumosity.com, June 2013 Iowa City MSA #22, "Economic and Job Growth," Area Development Magazine, June 2013 Iowa City is a Silver Level Bicycle Friendly Community, League of American Bicyclists, May 2013 Five high schools in Iowa's Creative Corridor among 10 Best in Iowa, U.S. News and World Report, April 2013 University of Iowa Hospitals and Clinics ranked top hospital in Iowa; 9 UIHC programs rated among the best in the US, US News and World Report, 2012 #26 (Top 50 Small Communities) in Area Development's 2012 Leading Locations Report, 2012 Iowa City West and Iowa City High ranked among the Best High Schools in Iowa by Newsweek, 2012 #10 one of the 10 Best Cities for Singles as ranked by Kiplinger, 2012 #2 Best Cities for Successful Aging (Small Metros), Milken Institute, July 2012 The Iowa City Public Library is #5 on the Top 10 Libraries for Children list compiled by Livability.com, 2012 s SECTION 3: ZONING PARAMETERS Current Zoning: Iowa City has proposed a new Form Based Code for the Riverfront Crossings District, which is under review by the City Council and expected to be adopted by June 2014. Project proposals should be consistent with the provisions of the Form Based Code (described below). Assuming approval by the City Council, a rezoning of the property to RFC-SD (Riverfront Crossings South Downtown Subdistrict) is anticipated. Form Based Code: The Form Based Code is intended to allow for the implementation of the Riverfront Crossings Master Plan. Questions about the Code should be directed to Karen Howard at 319-356-5251 or Karen-Howardaiowa-city.org. The draft of the Form Based Code is available via the Riverfront Crossings webpage at www.icqov.org/riverfrontcrossings. Permitted Uses: Permitted uses will be consistent with Central Business District Support Zone (CB-5), allowing for a wide variety of commercial and residential uses. Allowed uses will include: • General office, medical and dental office • Retail sales uses • Personal service uses • Hospitality-oriented retail (hotels, convention center, event facilities) • Restaurants • Commercial recreational uses, such as fitness centers and theatres • General community service uses and child care facilities • Educational facilities • Residential apartments and condominiums Residential Uses: For residential uses, efficiency, 1-, 2- and 3-bedroom units are allowed. A maximum of 30% of the units may be 3-bedroom, with a maximum of 3 unrelated persons living in each unit. Efficiency and one bedroom units are encouraged. Building Placement: The minimum front setback is two feet. The maximum front setback is eight feet, except that forecourts may be approved. Building Height: A maximum of 8 stories is the base height limit, with a fagade step- back of 10 feet after the 5th story. Bonus building height provisions may be requested for projects which include Class A office space, hotel space, affordable and/or workforce housing units, LEED certification and/or other significant sustainable building features, and other public benefits (see Form Based Code Section 14-2G-7G for details). With 9 bonus provisions, a maximum of 15 stories is possible, or up to a height limit permitted by the Federal Aviation Administration, whichever is less. Parking: There is no parking requirement for commercial and other non-residential uses. For residential parking the anticipated parking requirements are: • Efficiency and one-bedrooms: 0.5 spaces per unit • Two-bedrooms: 1 space per unit • Three-bedrooms: 2 spaces per unit. Required parking for the project should be provided on site. 10 SECTION 4: POTENTIAL PUBLIC FINANCIAL ASSISTANCE AND THE DEVELOPMENT AGREEMENT Iowa City's goal is to enter into a property transaction and Development Agreement with a development team that will commit to constructing an urban building. The City is seeking development proposals for the Project that maximize private debt and equity financing, and leverage to the greatest degree possible non-City sources. Incentives and/or financial participation potentially available from the City are not intended to replace financing from other private and public sources. Rather, they are intended to be flexible resources that may be able to assist in bridging funding gaps that may be created or compounded by current market conditions or by the difficult nature of infill projects on previously developed sites, as opposed to greenfield sites. The infill nature of this project is mitigated by the City having assembled the property. If financial assistance is requested, the City will work with the selected developer to analyze all details about the proposed Project financial pro forma and other factors. Potential financial assistance will be based on the project meeting the City's goals for the property, and the nature and extent of the financing gap identified between the project costs and the available debt and equity to cover those costs. In their proposals, development teams should make a reasonable estimate of the need for financial assistance, based on project costs, a preliminary pro forma and estimated debt and equity sources. A link to Iowa City's Economic Development Process and Policies is here: Economic Development Policies It should be noted that for any request involving Tax Increment Financing (TIF), a rebate structure is strongly preferred to upfront funding. Development Agreement The City will ultimately enter into a Development Agreement with the selected preferred development team. The Development Agreement will include terms for the conveyance of the property; security requirements to ensure Project completion; financial terms associated with property conveyance and Project construction; terms regarding the condition of the property prior to conveyance; and any additional terms as may be necessary to ensure compliance with the Project goals stated herein. Negotiations will include a determination of whether the City will provide a clean site (with existing buildings demolished and any environmental issues mitigated) or if demolition and mitigation will be performed by the selected development team. It is anticipated that a portion of Linn Street may be used for construction staging for the project. The City will stipulate that the Linn Street paving be replaced at the conclusion of construction. This may be included as a project expense. 11 SECTION 5: SUBMITTAL REQUIREMENTS All proposals must comply with the following requirements and must be numbered accordingly: 1 . The proposal submittal signature form (copy attached as Exhibit "A"). 2. A signed letter on the proposer's letterhead indicating an interest in the Project. 3. Primary contact person and contact information. 4. The legal name and address of the development entity, including all joint ventures, limited partnerships and limited liability companies, and the percentage of interest of each. Proposers are encouraged to include size of their firm, parent company if applicable, and officers/principals of the firm. 5. Identification of the legal entity with whom the City would contract, whether the entity exists currently or would be created for the purpose of this project, and the names and titles of all parties authorized to act on behalf of proposer. 6. An organizational chart showing all members of the proposed development team including but not limited to developer, management agency, legal, design professionals, and consultants. Contact information should be provided for each team member. 7. A description of proposer's previous experience, including a brief description of at least two mixed-use projects where the proposer played a substantial role. The descriptions should include the specific role of the proposer and the current status of the projects. Sufficient reference contact information should be provided for each project in order to permit the City to verify the information. 8. A description of the proposer's financial capacity to obtain acquisition, construction, and permanent financing, including letters of interest from lenders and/or tax credit investors. A discussion of the financing sources and partnerships utilized for prior projects and references from these parties are also welcomed and encouraged. 9. A narrative describing the proposer's plan for construction and financing of the Project. This should include: a. Organization and management approach to the Project; b. General schedule for completion of the Project following property acquisition; c. Description of a general plan for construction loan and permanent financing, copies of any letters of intent from prospective purchasers and/or tenants; 12 d. Description of the marketing approach to secure purchasers or tenants; e. Proposed purchase price and the explanation of the purchase price for the Project property. 10. If public financial participation is contemplated / requested, a narrative and information including: a. Preliminary project building costs, preliminary pro forma and sources and uses of funds, illustrating anticipated and/or potential financing sources; b. Proposed amount and description of gap financing assistance for the Project. Section 4 provides a link with more information; c. Description of how public financial participation will further the City's economic development goals; d. Description of how the Project addresses and corresponds to market demands and conditions. A market study may be required as a condition of financial assistance. 11. A visual description of the proposed Project, including (if available): a. Conceptual drawing or schematic; b. Conceptual square footage of commercial and/or office space; c. Conceptual square footage and size of residential units; d. Conceptual layout of commercial and residential floors and parking; e. Conceptual visualization of the pedestrian-level fagade. 12. A description of the energy efficiency of the building, including anticipated efficiency above the base standard, and a description of sustainability features proposed to be included. 13. A statement relative to whether any of the principals, development entities, or members of the development team have ever been charged with or convicted of a felony, and a description of any and all litigation involving the principals, development entities, or members of the development team during the past five years (Complete Exhibit "B"). 14. References from financial institutions, city governments, and community organizations that will permit the City to verify the capabilities of the proposer. 15. The identity of any unique resources, capabilities or assets which the proposer would bring to the Project. 16. The entire proposal may be no more than 40 pages. 13 SECTION 6: RESERVATION AND DISCLOSURES Reservation Issuance of this RFP does not commit the City of Iowa City to enter into a Development Agreement, pay any costs incurred in preparation of a response to this request, or to procure or contract any services or supplies. The City reserves the right to reject any and all proposals and to make recommendations for changes in any proposal submitted, to waive informalities or irregularities, and may, in the process of this recommendation, allow the developer to make such recommended changes in its proposal. The City reserves the right to require additional information from the developer, financial or otherwise, and to hold meetings with any developer to review the offer and development proposal, and to waive any of the requirements set forth herein. The City may, at the conclusion of its review, recommend that the City Council, in conjunction with appropriate legislative process, commence negotiations with the intention of entering into a Development Agreement with the selected developer. As an equal opportunity/affirmative action employer, the City prohibits discrimination on the basis of race, creed, color, sex, age, religion, sexual orientation, gender identification, marital status, disability, or national origin. Minority and women's business enterprises will be afforded full consideration and are encouraged to respond. Disclosure of Proposal Content After the deadline for submissions of proposals, the contents of the proposals will be placed in the public domain and open for inspection by the public. Trade secrets or proprietary information that are recognized as such and are protected by law may be withheld if clearly identified as such in the proposal. Disposition of Proposals All proposals become the property of the City and will not be returned to the proposer. Independent Contractor The selected developer will act as a separate legal entity and will not be in joint venture, employment or be otherwise affiliated with the City. The developer is responsible for all insurance, salaries, contracts, withholding taxes, social security, unemployment, worker's compensation and other taxes and other liabilities it incurs in connection with the Project, and shall hold the City harmless from any and all claims for the same. The submission of a letter of interest and statement of qualifications will not require a fee or deposit. The City shall have the right to verify the accuracy of all information submitted and to make such investigation as it deems necessary or appropriate to determine the ability of a prospective developer to carry out the Project. The City 14 reserves the right to reject any response where the evidence or information does not satisfy the City that the prospective developer is qualified to carry out the Project, is a person or firm of good reputation or character, or if the developer refuses to cooperate with and assist the City in the making of such investigation. 15 SECTION 7: APPLICATION REVIEW AND SCORING Applications will be reviewed and scored by a committee consisting of City staff and two members of the City Council. This committee may invite proposers to make oral presentations of their proposals. This committee will make a recommendation to the City Council on a preferred developer, or may make a recommendation for a list of finalists to be considered by the full City Council following public presentations of finalist proposals. If there is a clear preferred developer the review committee may make a recommendation without public presentations, but proposers should be prepared for a public presentation of their proposal. Proposals will be scored and reviewed according to the following criteria: 1. Compliance with submittal requirements. 5 possible points. 2. Developer experience and capabilities. 20 possible points. a. Quality of proposal b. Composition and experience of development team, particularly experience with mixed-use projects d. Organization and management approach to the Project e. References, including references within the construction industry f. Implementation ability. Demonstrated ability of the developer to implement complex development projects 3. Market and economic viability of the project. 25 possible points. a. Evidence of the financial strength of the developer b. Estimate of developer equity investment in the Project c. Marketing approach d. evidence of interest from financial institutions and investors e. Letters from prospective purchasers and/or tenants for commercial and/or office space f. Reliability of the proposed financial plan g. Preliminary evaluation of need for any requested gap financing; level of request for gap financing; type of gap financing (upfront vs. rebate) 4. Long term fiscal benefit to the City. 20 possible points. a. Projected property tax revenues b. The price offered for the City property, and any terms c. Any required City services and/or ongoing public funding beyond the construction costs d. Employment opportunities created e. Ability of the Project to generate other revenue for the City (such as hotel-motel tax) f. Assessment of any negative impact of the Project on adjacent properties 16 5. How the Project furthers Iowa City's economic development and Riverfront Crossings goals. 25 possible points. a. Ability of project to draw people to the Riverfront Crossings District b. Ability of project to add to Riverfront Crossings street life and activity c. Ability of project to create employment opportunities d. If residential is proposed, does the Project provide housing opportunities for a variety of income levels e. Quality of architecture f. Level of energy efficiency and sustainability features 6. Compliance with applicable state, federal and local laws, rules, regulations and policies including the Downtown & Riverfront Crossings Master Plan policies and form-based code provisions; and all other factors deemed to be in the best interest of the City. 5 possible points. 17 SECTION 8: NON-ASSIGNMENT OF INTEREST No developer shall assign or transfer to any other person or corporation, any interest in its proposal prior to execution of a Development Agreement without the express written authorization of the City. After execution of a Development Agreement and until the proposed development has been completed, no interest in the contract may be assigned or transferred without the written consent of the City, except as set forth in the Development Agreement. 18 EXHIBIT "A" Proposal submittal signature form The undersigned attests to his/her authority to submit this proposal and to bind the firm herein named to perform if the firm is selected by the City of Iowa City. The undersigned further certifies that he/she has read the Request for Proposal, terms and conditions, and any other documentation relating to this request; has complied in all respects with all conditions hereof, and this proposal is submitted with full knowledge and understanding of the requirements and time constraints noted herein. The undersigned hereby further acknowledges that it accepts the terms of the Request for Proposals in its entirety and by the submission of its proposal hereby waives any claims or claims to irregularities that arise out of such RFP, the process employed by the City to solicit and develop proposals, or the RFP evaluation process described in the RFP, and agrees to release and hold harmless the City, its employees, agents, and consultants from any claim, loss, or damage arising therefrom. The undersigned hereby authorizes any person, firm or corporation to furnish any credit history and financial condition or other information required by the City to verify information related to the firm's submission to the City. I hereby certify, on behalf of the undersigned firm, that the above information is true and correct to the best of my knowledge and that the City may rely on the information provided. Firm name: Home office address: City, state, zip: Name and Title of Representative: Name: Signature: Date: 19 EXHIBIT "B" LISTING OF LAWSUITS OR LITIGATION WITHIN THE PAST FIVE YEARS Lawsuit or Litigation Status or Outcome Comments 20 tr , • "e®,�� C. i August 31, 2012 CITY OF IOWA CITY 410 EasI Rash i ngtor Strcct Iowa Clty, lowa 52 240- 1826 Request for Proposal: Private Developer for the (3 19) 356-5000 College St / Gilbert St Northeast Corner Site (3 19) 356-5009 FAX WWW.icgov.org PLEASE TAKE NOTE: This document constitutes a Request for Proposal, and is not a request for professional services. This Request for Proposal is not a request for a bid or a construction contract, but it is subject to Iowa Code Section 403.8 related to transfer of real property. Moreover, any acceptance of a proposal may result in a binding contract between the City and the proposer, contingent upon certain legislative acts of the City Council related to formation of an Urban Renewal Area, sale of land, and approval of a Development Agreement. Notice to proposers: One signed original and ten copies of sealed proposals will be received at the City Clerk's office at Iowa City City Hall. Address Proposals to: City Clerk, City Hall, 410 East Washington Street; Iowa City, Iowa 52240, on or before the time and date specified below. All proposals shall be enclosed in a sealed envelope and marked on the outside in bold letters: Private Developer Proposal for the College St / Gilbert St Northeast Corner Site. Faxed and e-mailed proposals will not be accepted. Private Developer Proposal for the College St/Gilbert St Northeast Corner Site Proposals due: 5:00 p.m. on September 28, 2012 Proposals must be made to the City regarding a proposed development on the property, more specifically described herein. The City retains the right to reject proposals as non-responsive, to ask for clarification, to enter into negotiations to discuss cost, scope of work, procedures, and final work product. Acceptance of a proposal does not constitute approval for construction purposes; other normal administrative and legislation procedures and actions may be required including but not limited to rezoning, property sale, approval of financing, site plan and building permit approval. Questions should be directed via e-mail to: John Yapp, Transportation Planner Jeff Davidson, Director City of Iowa City, Iowa Planning & Community Development 410 East Washington Street City of Iowa City, Iowa Iowa City, Iowa 52240 410 East Washington Street 319-356-5252 Iowa City, Iowa 52240 john-yapp(cDiowa-city.org 319-356-5232 Jeff-davidsonQiowa-city.org RFP Contents Section 1: Background Information and Project Summary ......................................... 3 Section 2: About Iowa City.......................................................................................... 6 Section 3: About Downtown Iowa City........................................................................ 8 Section 4: Completed Market Studies......................................................................... 9 Section 5: Detailed Project Description..................................................................... 10 Section 6: Potential Public Financing Options and Development Agreement........... 13 Section 7: Submittal Requirements........................................................................... 15 Section 8: Reservation and Disclosures ................................................................... 17 Section 9: Evaluation Criteria ................................................................................... 19 Section 10: Non-assignment of Interest...................................................................... 20 Exhibit A: Proposal submittal signature form ........................................................... 21 Exhibit B: Listing of lawsuits or litigation form .......................................................... 22 Exhibit C: Executive Summary of Phase II Environmental Assessment................... 23 Exhibit D: ALTA/AGSM Land Title Survey Plat of City-owned parcels..................... 25 2 Request for Proposals Private Developer for the City of Iowa City College St / Gilbert St Northeast Corner Site Section 1: Background Information This Request for Proposal (RFP) is directed to private developers and development teams interested in the development of an urban, downtown-density building (the "Project") at the Northeast corner of College St and Gilbert St, one block east of the Downtown Iowa City Pedestrian Mall. The City's goal is to convey the property to the development team which best meets the City's goals for an urban, downtown-density development, which is walkable to downtown Iowa City and the University of Iowa campus. The Project is envisioned as a privately-owned urban building which contains commercial, hotel, office and/or residential uses. The Project site is the southwest quadrant of the block bounded by College St, Gilbert St, Washington St and Van Buren St (see Location Maps). The Project property is primarily owned by the City of Iowa City, and recently has been used for surface parking and storage. An adjacent property is owned by MidAmerican Energy, and is occupied by an electric system substation. It is encouraged but not required that the selected developer acquire the MidAmerican Energy site and include the property in the development of the Project. The City-owned property and MidAmerican Energy site include approximately 24,000 SF of property. The purpose of this RFP is to solicit proposals from developers and development teams for the development of an urban, downtown building on this property. The City intends to work toward conveying its property to the selected development team. Project goals are consistent with the City's Economic Development Policies and Downtown Strategic Plan. General downtown goals are described below; specific Project goals are described within this RFP. • Increasing the taxable valuation of property • Redevelopment of blighted property • Encouragement of projects such as downtown hotels, workforce housing, downtown grocery, arts and entertainment venues, and similar uses • Encouragement of projects which result in increasing downtown destination points to continue to draw people downtown • Providing a safe and inviting downtown for residents and visitors • Encouragement of housing opportunities for residents from a variety of age groups and income levels • Other project goals are further described within this RFP 3 Map 4 Map 5 Section 2: About Iowa City Iowa City is a vibrant Big Ten university town located in Johnson County in east-central Iowa. With a 2010 population of 67,862, Iowa City has been consistently growing in population for decades. The 2010 population of the larger Iowa City Metropolitan Statistical Area (MSA) is 152,586 — and has increased 14.8% since 1990, outpacing both the State of Iowa and the United States as a whole. Iowa City is home to the University of Iowa with approximately 30,500 students, and the University of Iowa Hospitals and Clinics, one of the largest teaching hospitals in the nation. As a center of culture, athletics, education, and commerce, Iowa City attracts millions of visitors throughout the year. The University of Iowa offers many athletic events, large and small theater events, and readings by poets, novelists, and academic speakers. The City of Iowa City also has many attractions including fine dining, music and arts festivals throughout the year; the historic Englert Theatre, and several other community theaters, such as the outdoor Riverside Theatre. Iowa City is the first city in the United States named as a UNESCO City of Literature, recognizing the University of Iowa Writer's Workshop, award-winning bookstores, and community support for local writers. The City of Literature designation has led to many events and writers visiting Iowa City and giving readings and discussions of their works. More general information about Iowa City can be found on the City website at www.icgov.org. Strong and Diverse Economy: Iowa City boasts a strong and diverse economy. The economy is anchored by the University of Iowa, with 18,486 employees, and the University of Iowa Hospitals and Clinics, with an additional 7,791 employees. The academic and research mission of the University, along with the healthcare services and employment provided at the hospitals and clinics, have a stabilizing influence on the area. The third largest public sector employer is the Iowa City Community School District, which has 1 ,676 employees and serves 12,000 students in the larger Iowa City area. The evidence of stable economic conditions is reflected in the low unemployment rate of 3.6% (Bureau of Labor Statistics, May 2012). Iowa City also hosts a number of national and international businesses, including several Fortune 500 Companies. Iowa City is home to ACT, RR Donnelley, Pearson, International Automotive Components, Proctor and Gamble and scores of smaller industries and businesses. More information about the leading employers and workforce demographics can be found at the Iowa City Area Development Group website at www.iowacitVareadevelopment.com. s National Recognition: Iowa City has a track record of being one of the best places in the country to live and do business: University of Iowa Hospitals and Clinics ranked top hospital in Iowa; 9 UIHC programs rated among the best in the US, US News and World Report, 2012 #26 (Top 50 Small Communities) in Area Development's 2012 Leading Locations Report, 2012 Iowa City West (highest ranked Iowa school) and Iowa City High ranked among the Best High Schools in Iowa by Newsweek, 2012 #10 one of the 10 Best Cities for Singles as ranked by Kiplinger, 2012 #2 Best Cities for Successful Aging (Small Metros), Milken Institute, July 2012 Johnson County is ranked third nationally in the Fourth Economy Index, 2012 The Iowa City Public Library is #5 on the Top 10 Libraries for Children list compiled by Livability.com, 2012 Iowa City is Included in the Top 25 Best Places to Retire and Work list (unranked) compiled by Forbes, 2012 University of Iowa is recognized several times in U.S. News & World Report's 2012 edition of Top Online Education Programs, 2012 #5 on the Top Ten Cities for Book Lovers list from Livability.com, 2011 #8 on Best Performing Small Cities Index, Milken Institute, 2011 #13 on the Best Cities for Business and Careers (small cities) list, Forbes, 2011 #10 on Best Cities for College Grads list, Richard Florida, 2010 Healthiest Town in the United States, Men's Journal, 2010 One of the Top Towns for Jobs, MSN CareerBuilder, 2010 7 Section 3: About Downtown Iowa City Downtown Iowa City is a highly c successful, vibrant downtown ' r e especially for a city of Iowa City's Ssize. Downtown contains a variety of entertainment options including live { music venues, stage productions and arts events; food options including a variety of restaurants, food cart vendors, and grocery; retail including clothing, bookstores, art and jewelry and other specialty stores, and a variety of festivals including the Arts Fest, Jazz Fest, Friday and Saturday night outdoor concerts, farmers market and other events. The downtown pedestrian mall at the center of downtown is a popular location for staging many of the events and festivals. Downtown features a nationally recognized public library which has served the community from a downtown location since 1896 with 745,000 visitors a year and over 1 .5 million checkouts — the Project site is one block from the public library. Downtown's adjacency to the University of Iowa makes it a popular place for students and staff associated ' with the University. Home to approximately 30,500 students and offering over 100 fields of study, the University of Iowa has consistently been ranked as one of the nation's top public universities. The University of y Iowa is also home to one of the largest teaching hospitals in the country, and has been named one of "America's — Best Hospitals." The mix of restaurants, arts and entertainment, festivals and events, students, staff and downtown employees, a popular pedestrian mall and University- related activities have made Downtown Iowa City a popular destination. More information about Downtown Iowa City can be found at www.downtowniowacitV.com and www.iowacitVarea.com. s Section 4: Completed Market Studies Iowa City has had two market studies completed related to Downtown Iowa City: A Downtown Market Niche Analysis completed in 2007 by Marketek can be found at www.icgov.org/marketek; and an economic strategic assessment by Divaris Real Estate, completed in 2011 can be viewed at www.icgov.org/divaris . Conclusions from these studies include: 1 . Iowa City has experienced some of the most stable market conditions across the country. 2. The region will likely continue to grow more quickly than the state and is predicted to add an average of 1,064 new households to the residential market annually. 3. Marketek estimates that from 2007-2017, Downtown Iowa City has the potential to absorb approximately 2,257 units of market-rate for-sale and rental housing. 4. Because of the daily workforce population within the District, there is likely existing and untapped local-neighborhood demand for commercial services. 5. Increasing University of Iowa enrollment has translated into increased housing and consumer market demand. 6. Young professionals age 25-34 (known as the "creative class") who are attracted to higher density, affordable urban living, will likely be drawn to living in close access to transit, proximity to cultural activities, downtown, the Iowa River, and open space. While these market studies indicate a strong market for continued demand for commercial, office and residential development, responders to this RFP should conduct their own due diligence in determining project feasibility. These market studies were conducted in the context of the broader Downtown Iowa City area, and not for this specific project. 9 Section 5: Project Description Downtown, Urban Facility The Project is envisioned as a building which takes advantage of the close proximity to Downtown Iowa City and the adjacent Chauncey Swan parking facility. An urban-scale building which can add to the mixed-use nature of the immediate area is encouraged. Proposals to this RFP should describe how they are meeting one or more of these Project goals. General Project goals include: • An urban building, with commercial uses on the first floor. Upper floors may be commercial, office, hotel, residential or a combination of uses. • Provision of Class A office space is encouraged for one or more floors. Office space may be contemplated for public as well as private tenants. Developers of office space are encouraged to explore potential office user options. • As a corner lot on a highly visible, prominent property, quality of architecture is encouraged. • Other unique uses for the Project will be considered. • If residential uses are proposed, a mix of efficiencies, one-bedroom and two bedroom units is encouraged. • If residential uses are proposed, workforce housing is encouraged at least for a portion of the Project. Workforce housing is defined as rental or owner-occupied units affordable to, and designed for working households between 60% and 150% of the Area Median Income. The Area Median Income effective as of February 2012 is: • Household of 1 : $56,300 • Household of 2: $64,300 Parking In the CB-10 Zone, no parking is required for non-residential uses. For residential dwellings, off-street parking is required as follows: • Efficiency and one-bedroom units: 0.5 spaces per unit • 2 bedroom units: 1 space per unit • 3 bedroom units: 3 spaces per unit It is anticipated the Project will include underground parking to meet the required parking for residential units. Up to 50% of required parking may be authorized to be located in the adjacent Swan Parking Facility, by approval of a Special Exception by the Iowa City Board of Adjustment, following procedures outlined in City Code Section 14- 5A. This Section contains other information on parking requirements which may be beneficial to proposers. 10 Requests to utilize existing City Parking facilities for parking associated with the commercial and/or office elements of the Project will be considered in the context of facility capacity and anticipated parking demand of the Project. Respondents to this RFP should include a proposal for on-site and off-site parking; parking arrangements will be finalized with the selected development team. Zoning The property is currently zoned P (Public). It is anticipated CB-10 (Central Business District) zoning will be requested for the property; CB-10 is Iowa City's highest density downtown zoning classification. This zoning designation is required to be approved through the legislative rezoning process. The CB-10 Zone is intended to accommodate a wide range of commercial, service, office and residential uses. More detail on the CB- 10 Zone can be found in Iowa City Zoning Code Section 14-2C, Commercial Zones. A link to the Zoning Code is available atwww.icqov.org/Titlel4-2C. CB-10 zoning has the following general mass and scale parameters: • Minimum setbacks: 0' • Maximum front setback: 12' • Maximum Heights: None' • Maximum FAR: 10" *Height may be limited to the uppermost elevation being no more than 834' above sea level due to Iowa City Airport restrictions. **For lots with an approved Floor to Area (FAR) bonus, the FAR may be increased to 12 with provision of an off- street loading area. The FAR may be increased up to 15 with provision of dedicated Class A Office Space. Consult Iowa City Zoning Code Section 14-2C, Commercial Zones, for more detail Phase I and Phase II Environmental Site Assessment The City has had a Phase I and Phase II Environmental Site Assessment completed for the Project site. The Phase I Assessment included a records search and identification of past uses of the property. The Phase II Assessment included soil and groundwater samples and testing. The assessment confirmed that there are no contaminants which exceed applicable statewide or Tier 1 levels, and that no further investigation is recommended. The executive summary of the Phase II site assessment is attached to the RFP as Exhibit C. The full Phase II document is available upon request. 11 MidAmerican Energy Substation Part of the property proposed for development is owned by MidAmerican Energy (see location map) and is occupied by an electric system substation. MidAmerican Energy has indicated a willingness to sell the property based on an appraised value, plus a cost of approximately $950,000 to remove and relocate the substation infrastructure. MidAmerican Energy has indicated the need for a 9-12 month lead time to remove and relocate the substation infrastructure. Proposers to this RFP should be aware of the MidAmerican Energy facility, and be aware that purchase of the property, and removal and relocation of the substation facility is preferred, but is not a requirement for proposals. Proposals should explain how they propose to either include the MidAmerican Energy property, or effectively develop an urban building while avoiding it. The MidAmerican Energy contact for questions or discussions of the substation property is: Greg Theis, Economic Development Consultant gstheis(c)midamerican.com 563-333-8917 Demolition of existing structures The City anticipates working with the selected development team to either 1) demolish existing structures prior to property conveyance; or 2) consider demolition and mitigation costs as part of terms for conveyance of the property, with the expectation the development team will perform these activities prior to development. The responsible party for demolition of existing structures will be negotiated with the selected development team. Alley to the north of project site There is a platted public alley along the north side of the project site (see location maps and Exhibit D, a survey of the City-owned properties associated with the Project). The City will consider proposals for this alley to be vacated and conveyed to the selected development team to be included as part of the Project, or for access purposes. 12 Section 6: Potential Public Financial Assistance and the Development Agreement Iowa City's goal is to enter into a property transaction and developers agreement with a development team who will commit to constructing a mixed-use building on the Project site. The City is seeking development proposals for the Project that maximize private debt and equity financing, and leverage to the greatest degree possible other non-City sources. Incentives and/or financial participation potentially available from the City are not intended to replace financing from other private and public sources. Rather, they are intended to be flexible resources that may be able to assist in bridging funding gaps that may be created or compounded by current market conditions or due to the difficult nature of infill projects on previously developed sites, as opposed to greenfield sites. The infill nature of this project is mitigated by the City owning a majority of the site, and the City having acted in its role as the assembler of property. If financial assistance is requested, the City will work with the selected developer to analyze specific details about the proposed Project financial pro forma and other factors. Potential financial assistance will be based on the project meeting the City's goals for the property, and the nature and extent of the financing gap identified between the project costs and the available debt and equity to cover those costs. Market- average interest and rates of return on debt and equity investments will be used to evaluate gap financing requests. In their proposals, development teams should make a reasonable estimate of the need for financial assistance, based on a preliminary pro forma for the purposes of developing a Project Proposal. A link to the Iowa City's Economic Development Process and Policies is here: icgov.org/ecdevpolicies Potential State and Federal Financial Assistance The City also encourages proposers to identify and investigate the potential for state and federal development finance programs to reduce or eliminate the need for City gap financing assistance. Potential programs include but are not limited to: • The New Markets Tax Credit (NMTC) program of the U.S. Treasury's CDFI Fund is designed to encourage and facilitate investments in low income urban and rural commercial and economic development projects. The proposed mixed- use facility project site is located in an NMTC-eligible census tract and may benefit from the NMTC 39% tax credit for qualified equity investments. www.cdfifund.gov • State of Iowa incentive programs. www.iowalifechanging.com • Federal Renewable Energy Investment Tax Credits may be an option for construction that takes advantage of renewable energy, such as geo-thermal. www.novoco.com/energy/index.php 13 Potential Sources of City Assistance The City may contemplate providing the following financial assistance for an identified gap in Project financing: • The City expects to establish an Urban Renewal Area including this property by November, 2012. This will allow partial Tax Increment Financing (TIF) for the Project. The City will take the lead in amending the Urban Renewal Area to include this project once project details (size, proposed use) are identified with the selected development team. TIF incentives may be proposed to be used for gap financing related to site development costs or post-development property tax burdens. TIF incentives are subject to (1) establishment of an urban renewal area; and (2) the approval of a Development Agreement with the terms of any incentives, after the required legislative process (published notice and public hearing). Ultimately, any TIF incentives will need to be approved by the City Council following the required legislative process. • The sale of the City-owned portion of the Project site to the developer may be negotiated on terms responsive to the Project's gap financing needs (and in accordance with state and local law). • The City's Community Development Block Grant and HOME funds are a potential source of down payment assistance for qualified households purchasing residential condominiums and of gap financing assistance for office and commercial leaseholders creating or retaining jobs where at least 51% of those jobs are available to low and moderate income persons. www.icgov.org/affordablehousing • The provision of a lead City staff contact for the Project to facilitate and expedite communications and necessary approvals across City Departments, including Parking, Planning and Zoning, Public Safety, Housing, etc. • Assistance with citizen outreach and public meetings as necessary. Development Agreement The City will ultimately enter into a Development Agreement with the selected development team. The Development Agreement will include terms for the conveyance of the property; security requirements to ensure Project completion; financial terms associated with property conveyance and Project construction; terms regarding the condition of the property prior to conveyance; and any additional terms as may be necessary to ensure compliance with the Project goals stated herein. The City anticipates providing a clean site (with existing buildings demolished and any environmental issues mitigated) for City-owned parcels or to negotiate demolition and mitigation with the selected development team. 14 Section 7: Submittal Requirements All proposals will be evaluated by a staff committee, and constitute authorization for the committee to seek verification of all answers. Proposals will consist of one signed original and 10 copies of the required information. All proposals must be printed on 8 Y2" x 11" paper and shall be enclosed in a sealed envelope and marked on the outside in bold letters as follows: City of Iowa City College St/Gilbert St Northeast Corner Project All proposals must comply with the following requirements and must be numbered accordingly: 1 . Signed letter on the proposer's letterhead indicating an interest in the Mixed- Use Facility Project. 2. Primary contact person and contact information. 3. Legal name and address of the development entity, including all joint ventures, limited partnerships and limited liability companies, and the percentage of interest of each. Proposers are encouraged to include size of their firm, parent company if applicable, and officers/principals of the firm. 4. Identification of the legal entity with whom the City would contract, whether the entity exists currently or would be created for the purpose of this project, and the names and titles of all parties authorized to act on behalf of proposer. 5. An organizational chart showing all members of the proposed development team including but not limited to developer, management agency, legal, design professionals, and consultants. Contact information should be provided for each team member. 6. Description of proposer's previous experience, including a brief description of at least two mixed-use projects where the proposer played a substantial role. The descriptions should include the specific role of the proposer and the current status of the projects. Sufficient reference contact information should be provided for each project in order to permit the City to verify the information. 7. A description of the proposer's financial capacity to obtain acquisition, construction, and permanent financing, including letters of interest from lenders and/or tax credit allocates. A discussion of the financing sources and partnerships utilized for prior projects and references from these parties are also welcome and encouraged. 8. A visual description of the proposed Project, including: a. a conceptual drawing or schematic; 15 b. conceptual square footage of commercial and/or office space; c. conceptual square footage and size of residential units; d. schematic layout of commercial and residential floors and parking; e. schematic of the pedestrian-level fagade. 9. Narrative describing the proposer's plan for construction and financing of the Project. This should include: a. organization and management approach to the Project; b. general schedule for completion of the Project following property acquisition; c. plan for including or not including the MidAmerican Energy property in the Project; d. description of a general financing plan, preliminary pro forma including anticipated and/or potential financing sources; e. copies of any letters of intent from prospective purchasers and/or tenants; f. description of the marketing approach to secure purchasers or tenants; g. The proposed purchase price and the explanation of the purchase price for the Project property. h. The proposed amount and description of gap financing assistance for the Project. 10. A statement relative to whether any of the principals, development entities, or members of the development team have ever been indicted for or convicted of a felony, and a description of any and all litigation involving the principals, development entities, or members of the development team during the past five years (Complete Exhibit "B"). 11. References from financial institutions, city governments, and community organizations that will permit the City to verify the capabilities of the proposer. 12. Identify any unique resources, capabilities or assets which the proposer would bring to the Project. 13. Proposal submittal signature form (copy attached as Exhibit "A"). 16 Section 8: Reservation and Disclosures Reservation Issuance of this RFP does not commit the City of Iowa City to enter into a Development Agreement, pay any costs incurred in preparation of a response to this request, or to procure or contract any services or supplies. The City reserves the right to reject any and all proposals and to make recommendations for changes in any proposal submitted, to waive informalities or irregularities, and may, in the process of this recommendation, allow the developer to make such recommended changes in its proposal. The City reserves the right to require additional information from the developer, financial or otherwise, and to hold meetings with any developer to review the offer and development proposal, and to waive any of the requirements set forth herein. The City may, at the conclusion of its review, recommend that the City Council, in conjunction with appropriate legislative process, enter into a Development Agreement with the selected developer. As an equal opportunity/affirmative action employer, the City prohibits discrimination on the basis of race, creed, color, sex, age, religion, sexual orientation, gender identification, marital status, disability, or national origin. Minority and women's business enterprises will be afforded full consideration and are encouraged to respond. Disclosure of Proposal Content After the deadline for submissions of proposals, the contents of the proposals will be placed in the public domain and open for inspection by the public. Trade secrets or proprietary information that are recognized as such and are protected by law may be withheld if clearly identified as such in the proposal. Disposition of Proposals All proposals become the property of the City and will not be returned to the proposer. Independent Contractor The selected developer will act as a separate legal entity and will not be in joint venture, employment or be otherwise affiliated with the City. The developer is responsible for all insurance, salaries, contracts, withholding taxes, social security, unemployment, worker's compensation and other taxes and other liabilities it incurs in connection with the Project, and shall hold the City harmless from any and all claims for the same. The submission of a letter of interest and statement of qualifications will not require a fee or deposit. The City shall have the right to verify the accuracy of all information submitted and to make such investigation as it deems necessary or appropriate to determine the ability of a prospective developer to carry out the Project. The City 17 reserves the right to reject any response where the evidence or information does not satisfy the City that the prospective developer is qualified to carry out the Project, is a person or firm of good reputation or character, or if the developer refuses to cooperate with and assist the City in the making of such investigation. 18 Section 9: Evaluation Criteria A City review committee will evaluate each proposal individually and in the context of all other proposals. Proposals must be fully responsive to the requirements described in Section 7, and to any subsequent requests for clarification or additional information made by the City. Proposals must comply with and are subject to all provisions of applicable federal, state, and local laws on urban renewal development, zoning and building regulations. Proposals failing to comply with the submission requirements or those unresponsive to any part of this solicitation may be disqualified. The City may, at its sole discretion, elect to waive requirements either for all proposals or for a specific proposal. The criteria against which each proposal will be considered may include the following, as well as other factors considered by the City as appropriate: 1 . Compliance with Submittal Requirements, as specified above. 2. Developer experience and capabilities. 3. An assessment of how the project furthers Iowa City's economic development and Downtown Iowa City goals. 4. Market and economic viability of the proposal. 5. Long-term fiscal benefit to the City. 6. Compliance with all applicable federal, state and local laws, rules, regulations, and policies. Once the selection review committee has determined it is at an appropriate stage in its evaluation of proposals, finalist developers may be invited to make oral presentations to the committee. Finalist developers may be asked to make presentations at a public meeting of the City Council. The City reserves the right to accept and/or reject proposals without oral presentations. The City will notify proposers of the acceptance and/or rejection of proposals upon the conclusion of the evaluation process. 19 Section 10: Non-assignment of Interest No developer shall assign or transfer to any other person or corporation, any interest in its proposal prior to execution of a Development Agreement without the express written authorization of the City. After execution of a Development Agreement and until the proposed development has been completed, no interest in the contract may be assigned or transferred without the written consent of the City, except as set forth in the Development Agreement. 20 EXHIBIT "A" Proposal submittal signature form The undersigned attests to his/her authority to submit this proposal and to bind the firm herein named to perform if the firm is selected by the City of Iowa City. The undersigned further certifies that he/she has read the Request for Proposal, terms and conditions, and any other documentation relating to this request; has complied in all respects with all conditions hereof, and this proposal is submitted with full knowledge and understanding of the requirements and time constraints noted herein. The undersigned hereby further acknowledges that it accepts the terms of the Request for Proposals in its entirety and by the submission of its proposal hereby waives any claims or claims to irregularities that arise out of such RFP, the process employed by the City to solicit and develop proposals, the RFP evaluation process described in the RFP, and agrees to release and hold harmless the City, its employees, agents, and consultants from any claim, loss, or damage arising therefrom. The undersigned hereby authorizes any person, firm or corporation to furnish any credit history and financial condition or other information required by the City to verify information related to the Firm's submission to the City. I hereby certify, on behalf of the undersigned firm, that the above information is true and correct to the best of my knowledge and that the City may rely on the information provided. Firm name: Home office address: City, state, zip: Signature: Date: 21 EXHIBIT "B" LISTING OF LAWSUITS OR LITIGATION WITHIN THE PAST FIVE YEARS Lawsuit or Litigation Status or Outcome Comments 22 Item Number: IP4. CITY OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Pending City Council Work Session Topics Attachments: Pending City Council Work Session Topics it L CITY OF IOWA CITY UNESCO CITY OF LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS December 5, 2023 FY23-24 Strategic Plan Action Item Tonics Requiring Council Discussion: • Explore legal steps to discourage or prevent bad faith and predatory property investors • Initiate a Comprehensive Plan update and subsequent Zoning Code review to more broadly incorporate form-based principles with emphasis on growth areas first and infill areas next,expanded missing middle housing allowances, minimum density requirements,and streamlined approval processes(Suggested Joint Meeting with Planning and Zoning Commission) • Advance prioritized recommendations in the 2022 Affordable Housing Action Plan.Work with partners to undertake significant-scale affordable housing efforts • Develop a vision statement for a singular regional transit system with metro Johnson County entities and obtain initial commitments to study a regional system from each entity's elected officials • Evaluate with the State of Iowa reverting Dodge and Governor to 2-way streets • Update presentation from Greater Iowa City,Inc. Other Topics: • Quarterly American Rescue Plan Act(ARPA-SLRF)update • Consider a strategic plan decision-making framework • 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. • Discussion on the impact of land use decisions on long-term City financial health • Discussion on City Charter Note:Some items on the Pending List may require staffresearch and information gathering prior to scheduling. Item Number: IP5. CITY OF OF IOWA CITY � fil COUNCIL ACTION REPORT December 7, 2023 Memo from Director of Parks & Recreation and Recreation Superintendent: Recreation Division Proposed Use of Ned Ashton House Attachments: Memo from Director of Parks & Recreation and Recreation Superintendent: Recreation Division Proposed Use of Ned Ashton House CITY OF IOWA CITY Date: December 6, 2023 To: City Council, City of Iowa City From: Juli Seydell Johnson, Director of Parks and Recreation Brad Barker, Recreation Superintendent RE: Recreation Division Proposed Use of Ned Ashton House The Recreation Division is proposing using the Ned Ashton House as a site for recreation programs.A successful test of this use has been to use the facility for a children's summer camp program for the last two summers. Parks and Recreation staff have presented the following concept to the Commission and Project Green in November 2023. Staff addressed concerns from both and provided clarification that the revised use will mostly impact the house interior, not exterior grounds.The Commission has recommended that the Ashton House be repurposed as the department's primary hub for adaptive recreation programming. Background The Ned Ashton House has served the Iowa City community as an event venue rental location since 2013. While the facility and premises serve as a beautiful location for events,the site has never gained the popularity initially anticipated. Potential renters tend to prefer the more spacious Terry Trueblood Recreation Area Lodge (TTRA). Due to the layout of the Ned Ashton House, larger gatherings require use of both levels,thereby dividing up attendees.The AvaCentre serves as the City's contracted event manager for both venues.The event management contract is up for rebid in 2024. Due to the timing, this may be the most ideal time to assess current use of the Ashton House and explore alternative options for community access. Staff believes that the benefits of transitioning the space from rentals to programming would have a greater benefit the community.After transitioning the focus of our adaptive programming from competitive sports to more traditional recreation programming,attendance has increased approximately 20%in this program area.Additionally, Iowa City is the only community in the surrounding area that is consistently providing disability-specific recreation opportunities. Considering the operational expense for rentals, repurposing this space could have financial benefits as well. 2022 Iowa City Recreation Facilities and Programs Master Plan The plan recommends the consideration of decentralized indoor space through satellite recreation sites in order to meet the programming and social gathering needs of the community. Other recommendations include the creation of additional wellness and fitness programming spaces and dedicated inclusive and adaptive program space. 220 S. Gilbert Street • Iowa City, Iowa 52240-1632 • 319-356-5100 Ashton House provides an opportunity to host significantly more traffic throughout the year through the phasing out of rental services in lieu of becoming a consistent recreation programming location. Concurrent to rentals this fiscal year,the recreation division will be experimenting with various program options at the site over the next two program seasons.The majority of these will be in our adaptive and inclusive program area.There is strong potential for Ashton House to serve as the department's dedicated adaptive program space moving forward. Facility Use Revenue from Ashton House rentals has consistently fallen short of operational expenses.The following details rental revenue for the Ashton House, including AvaCentre's prorated contract expense and number of rentals over the last several fiscal years. Overhead costs are not factored in since the City would incur many of these expenses regardless of what the facility was being used for. FY23 July 1,2022,through June 30, 2023 • Revenue from rentals: $11,397 • Contracted expense: $22,281 • Number of external rentals: 28 • Number of internal rentals: 1 FY22 July 1, 2021,through June 30, 2022 • Revenue from rentals: $13,015 • Contracted expense: $19,724 • Number of external rentals: 31 • Number of internal rentals: 0 FY21 July 1, 2020,through June 30, 2021 Covid closed facility for majority of this period FY20 July 1, 2019,through June 30, 2020 • Revenue from rentals: $5,524 • Contracted expense: $14,240 • Number of external rentals: 10 • Number of internal rentals: 5 FY19 July 1, 2018,through June 30, 2019 • Revenue from rentals: $13,605 • Contracted expense: $21,440 • Number of external rentals: 32 • Number of internal rentals: 9 FY18 July 1, 2017,through June 30,2018 • Revenue from rentals: $15,231 • Contracted expense: $18,874 • Number of external rentals: 32 • Number of internal rentals: 8 The division's program enrollments have been steadily increasing since return from Covid.The recreation centers are full in the evenings.Since it is not the intention to create a space that segregates the disability community, not all adaptive programs would move from their current locations. However, the majority of programs would be relocated since they would benefit from the space and/or overall location.The department would focus on migrating programs that do not require specialty spaces,such as a gym or pottery studio. Transitioning the Space The vision for transitioning the Ashton House space would include the following: •The upper level of the facility would be the primary programming location. •The main room would serve as a multipurpose space for programming and a gathering area for people with disabilities to interact with their peers and form a sense of community. •The kitchen is modern, more accessible and has newer appliances compared to the Robert A. Lee Recreation Center.Cooking is a life skills program and has been a popular program area for 220 S. Gilbert Street • Iowa City, Iowa 52240-1632 • 319-356-5100 both youth and adults with disabilities.Over time, minor updates may be needed to the kitchen to increase accessibility and wider use. • One of the rooms could be converted into a sensory room, which would be a unique amenity to the community.This space would cater to both children and adults and provide a sensory experience that is very therapeutic.A sensory room is built to calm and stimulate the sensory system for anyone, but neurodivergent individuals experience the most benefit.This space would be used for programming and serve as a calming location for neurodivergent individuals in crisis while at program. •The second room could be transitioned into an office space to allow a current fulltime employee to oversee the facility operations and programs.A staff member onsite also allows for more unprogrammed drop-in use from the community for socialization. • Drop-in opportunities could be offered during select hours and would likely be attractive to the local adult day habilitation programs.These organizations include the ARC, Mayor's Youth, Reach for Your Potential and System Unlimited. •Ample outdoor spaces could be used to provide environmental and gardening programs, both of which provide highly therapeutic experiences for individuals with disabilities. Horticulture programs teach about nutrition and food choices, a topic that meets the goals of many individuals with this program area. The goal in transitioning the space would be to start small without renovations.The initial introduction of adaptive programs to the space can be made with minimal adjustments. 220 S. Gilbert Street • Iowa City, Iowa 52240-1632 • 319-356-5100 Item Number: IP6. CITY OF OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Memo from Climate Action Coordinator: Whole Home Electrification/Housing Choice Voucher Pilot Program Attachments: Memo from Climate Action Coordinator: Whole Home Electrification/Housing Choice Voucher Pilot Program r -4 CITY OF IOWA CITY MEMORANDUM Date: November 28, 2023 To: Climate Action Commission From: Sarah J. Gardner, Climate Action Coordinator Re: Whole Home Electrification/Housing Choice Voucher Pilot Program Background The purpose of this memo is to outline a pilot program to launch in January 2024 that will incentivize energy efficiency, weatherization, and electrification upgrades in single family and duplex residences operated as rental units. Under this program, landlords will be offered a grant to cover the cost of whole home upgrades in return for agreeing to accept Housing Choice Vouchers (colloquially referred to as Section 8 vouchers) for the subsequent five years at the property. This program flows from Action Item BI-9 in the Accelerating Iowa City's Climate Actions Plan, which calls for financial incentives to accelerate electrification of appliances and heating equipment, and BPP-2, which calls for programs to rehabilitate public housing units into net- zero properties. It also builds on previous successes under Action Item BI-2 (enhance energy standards for City rehabilitation programs), which provided energy efficiency and electrification upgrades to properties in the South District Homeownership Program. Program Description This pilot program was developed as a collaboration between the Climate Action and Outreach Division and the Housing Authority of Iowa City. Under the program, staff propose to offer grants to cover the cost in full for both equipment and installation of a number of energy efficiency and electrification upgrades within a single rental property. Eligible property improvements under the grant would include: • Increased attic insulation, up to R-60, combined with air sealing and ventilation • Replacement of exterior doors and windows as needed • Replacement of a gas or electric water heater with an air source heat pump water heater • Replacement of air conditioning unit and gas or electric furnace with an air source heat pump • Replacement of gas stove with an electric stove or induction range • Electrical service panel upgrade Based on the property upgrades under the South District Homeownership Program,these grants are estimated to total between $20,000 and $25,000 per property. Staff propose to administer the grants using a process established through other Housing Authority programs. The grants will be structured similarly to a forgivable loan in which 200 of the balance will be retired for each of the five years in which the participating landlord accepts Housing Choice Vouchers at the property. Should a landlord cease to do so, the remaining portion of the grant would be repaid to the City.A legal agreement between the City and landlord establishing these terms will be enacted at the time the grant is awarded. Under this program, both landlords currently accepting Housing Choice Vouchers at other properties and landlords who have previously not accepted Housing Choice Vouchers would be eligible to participate, so long as the property receiving the energy efficiency and electrification benefits has not previously been rented to tenants using Housing Choice Vouchers. Goals The aim of this program is to reduce the energy burden born by renters in Iowa City, contribute to the comfort and health of occupants of these homes, and increase access to safe, affordable housing within the community. Housing Authority staff identified single family residences as the focus of this program specifically because such residences are more likely in Iowa City to house families with young children. A frequent point of discussion in Climate Action Commission meetings has centered on how to improve the energy efficiency of the city's rental housing stock without simultaneously catalyzing an increase in rents. By pairing the grant incentives with a requirement to accept Housing Choice Vouchers, staff seek to address that question. This program is built on the principals of targeted universalism. As such, the pilot program offers multiple benefits. Tenants benefit from lower energy bills, new efficient appliances, and the stable pricing of electricity. Landlords benefit from assistance to improve their properties and, because there are lower rates of turnover in units rented to those using Housing Choice Vouchers, secure longer-term tenants, which helps reduce operational costs. Finally, the City of Iowa City benefits from the acceleration of household electrification that capitalize on the significant investments made by MiclAmerican Energy into clean, renewable grid energy, which supports the city's greenhouse gas reduction goals. In addition, this pilot project offers a possible tool to aid in addressing another hurdle encountered by the City in recent years. Following the passage of Senate File 252 in 2021 by the state legislature, the ability of Iowa cities and counties to adopt and enforce regulations that prevent landlords from refusing to rent to those using a Housing Choice Vouchers was preempted by the state. Iowa City was one of three communities impacted by this legislation and has since sought alternate means of increasing the availability of rental properties to those using Housing Choice Vouchers. This pilot program can effectively act as a significant incentive to do so. While researching and developing the program, staff consulted with multiple communities, organizations, and advocacy groups. A similar such program was undertaken by a nonprofit in Charlottesville,Virginia, and staff believe some of the hurdles encountered by that program could be overcome by being directly administered at the municipal level. As far as staff were able to determine, the City would be the first municipality in the nation to enact such a program. As such, it could serve as a model for other communities to follow. Staff intend to document the progress of the program vigorously in hopes of enabling other municipalities to build on any successes achieved in Iowa City. Funding For the last two quarters of fiscal year 2024 and first two quarters of fiscal year 2025, $125,000 of the Climate Action Emergency Levy funds have been identified to support the pilot. Climate Action staff are actively exploring additional funding avenues to help expand the program, including possible Climate Pollution Reduction Grant funds under the Inflation Reduction Act. Staff additionally have the option of drawing upon the balance of funds in the Emergency Levy as appropriate. Success Benchmarks: • Five properties enroll in the program during the pilot year (2024), with all energy efficiency and electrification upgrades completed by the end of the calendar year • All five properties continue to accept Housing Choice Vouchers for the full five-year term of the agreement • At least three participating landlords express interest in enrolling an additional property in the program in a subsequent year • Funding is secured to expand the program beyond the pilot • Five or more properties are identified to participate in 2025 as additional funding is secured Item Number: IP7. CITY OF OF IOWA CITY � fil COUNCIL ACTION REPORT December 7, 2023 Johnson County Emergency Management Agency Media Release: Rescheduled - Johnson County Hazard Mitigation Plan Kick-Off Meeting 2023 Attachments: Johnson County Emergency Management Agency Media Release: Rescheduled - Johnson County Hazard Mitigation Plan Kick-Off Meeting 2023 Homeland Security & Emergency Management Agency Johnson County, Iowa. EMERGENCY 4529 Melrose Avenue, �NAGEMENT Iowa City, IA. 52246 JOHNSON COUNTY PH: (319) 356-6761 FX: (319) 338-0028 FOR IMMEDIATE RELEASE E-mail: dave.wJlsonAjecc-ema.or¢ December 5,2023 Rescheduled- Johnson County Hazard Mitigation Plan Kick-Off Meeting (Iowa City)—The Johnson County Emergency Management Agency along with Two Rivers Emergency Management is working to revise and update its hazard mitigation plan.The plan will assess natural hazards' risks and vulnerabilities to each community in Johnson County and provide recommendations to increase their resiliency. In doing so,these actions aim to protect property and those who live,work, and conduct business in Johnson County and its communities. All residents, businesses, community neighbors, and other interested parties are invited to attend the plan's kick-off meeting at 7 p.m. on Monday, Dec. 11, 2023,via Zoom.This meeting is being hosted virtually using the provided information below. Topic:Johnson County Hazard Mitigation Plan Update Kick-Off Meeting- PUBLIC Time: Dec 11, 2023 07:00 PM Central Time(US and Canada) Join Zoom Meeting https://us02web.zoom.us/i/83886955415 Meeting ID: 838 8695 5415 Dave C Wilson — Emergency Management Agency Director Item Number: IP8. CITY OF OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Building Statistics: November 2023 Attachments: Building Statistics: November 2023 8 #E O &mho om0000m000 omo omo omo o��og�o omo omog� $� gm Z O^Om O Om 000gYYo omo OmO Om O Om Om�Ng^OmO OmO OmOOm L o � E m R Qi e 8 � � F R $ uRLL s _ > y U U 2 0_ U � p R ' m a > `o E m > m E 0 O ._ a mca U qEO Ej E 'a=_ EaE 99 EEE�E ° E u? _�E'EaE =EEdfEdE0E�EEE5 oEEEEQEEEEE�ESEhEhK'hU'KhcEh pdOvE EEE EEEE EE 72Z2ZZZZZZZZZ ZZZZ2z ZZKZ ZKQj�p�FK�p�F - : ` m o -, o . E 1 _ 5 : o2 2 - _ - - � m � \ | z ) - ! § § § § § ( ) \ \ ) � 2 y . 2 ) ± ) § § § § ( ( § § § § § § § k } §k ) � ae - � \ } E66 - ` - } f \ _ 66 66 \ \a }} \ \ } \ } } \ \\\ I \ \\ \ ( \ ( \ \ \ ) § - ^ \ } } \ \ \ \ ! § \ k ! \ \ § § § § ƒ } ! §k m c O ry b � � n W N ^I w Nw bW M 'a v F o � _ � - o ? C ,E' d � C Q CC l7 i a � a_ V � � E m o r - 5 � a ° '� a` m rc s o, - c a � � - m E n 0 LL n G V F r '$� w � r x s a 0 m n s .$ V C A �� 3 � m � Item Number: IP9. CITY OF OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Civil Service Examination: Maintenance Operator - Water Attachments: Civil Service Examination: Maintenance Operator - Water � r gap CQ �_ CITY OF IOWA CITY 410 East WashingLon Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org December 5, 2023 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Maintenance Operator—Water 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 Maintenance Operator—Water. 1. Anthony Pagliai 2. Andrew Hosier 3. Matthew Fox Iowa City Civil Service Commission Rick Wyss, Chair Item Number: IP10. CITY OF OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Civil Service Examination: Maintenance Worker II - Streets Attachments: Civil Service Examination: Maintenance Worker II - Streets AN wrago�� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (3 19) 356-5009 FAX www.ICgmorg November 27, 2023 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Maintenance Worker II — Streets 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 Maintenance Worker 11 — Streets. 1. James Stout 2. Devon Dyer Iowa City Civil Service Commission Rick Wyss, Chair Item Number: IP11. CITY OF OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Civil Service Examination: Recreation Program Supervisor - Aquatics Attachments: Civil Service Examination: Recreation Program Supervisor - Aquatics CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.Icgov.org December 5, 2023 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Recreation Program Supervisor—Aquatics 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 Recreation Program Supervisor—Aquatics. Caylea Housh Iowa City Civil Service Commission -Pick VWss, Chair Item Number: IP12. CITY OF OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Ad Hoc Truth & Reconciliation Commission: November 9 Attachments: Ad Hoc Truth & Reconciliation Commission: November 9 November 9,2023 Draft Ad Hoc Truth and Reconciliation Commission (TRC) Minutes Assembly Room,Iowa City Senior Center Commissioners present: Chastity Dillard, Lauren Merritt, Louis Tassinary, Chad Simmons, Clif Johnson. Commissioners not present: Wangui Gathua, Eric Harris, Marie Krebs, Sikowis Nobiss. Staff present: Redmond Jones, Stefanie Bowers. Meeting called to order: 7:08 PM. Reading of Land Acknowledgement: Merritt read the Land Acknowledgement. Discussion and next steps based on motions passed on October 5,2023, meeting and the facilitation team's response letter: Jones reviewed a memo he had written to the TRC. It started with the TRC's motion of October 5, which approved moving the phase 1 completion date to March 31, 2024. Based upon that mention, staff engaged the consultants to understand their expectations should there be an extension to phase 1 of the scope. The consultants provided a consensus e-mail response on October 13. Staff understanding of the consultant teams' position is that they are willing to accommodate an extension or delay. However, if the overall active engagement period extends beyond seven months (three months Phase 1 J four months Phase 2), the consultant teams would expect the City to negotiate contract extensions and associated financial considerations. Jones' memo requested that the TRC select one of two options. Option 1: If the TRC wishes to proceed according to the original contract, the next step will be to prepare for a presentation to the City Council on Nov 21. After that presentation, the TRC could move to phase 2 work as originally scoped in the consultant agreements. Option 2: If the TRC wants to temporarily pause active engagement with the consultants (i.e., take a break with no expectation of consultant assistance), then all parties must develop a shared written understanding of the pause and when phase 2 work will begin. If the TRC selects option 2, the facilitators would like to hold a retreat in early December so that work does not totally pause. TRC members discussed whether a pause was needed to debrief or to keep moving forward into phase 2. Amos Kiche spoke as a public member and stressed the need for the TRC to have a consensus moving forward. Commissioner Simmons moved for the TRC to adopt option#1, and Tassinary seconded the motion. The motion passed 5-0. 1 Expectations and presentation plans of phase 1 to City Council on November 21: Commissioners Merritt, Simmons, and Dillard will be at the meeting on November 21 to present to City Council. At this time, Commissioner Simmons will also mention the need for the TRC to request additional funds to support outreach efforts. Commissioner Simmons also proposed that the TRC not hold any meetings in December. The TRC will decide at its meeting on December 7, whether to hold a meeting on December 21. Announcement of Commissioners: Simmons encouraged other TRC members to attend and participate in the Truthsgivings event at The Englert on November 10. The meeting adjourned at 4:50 PM. To view the recording or listen to the audio of this meeting,visit this link. 2 a d d a d Q- d a a N c a a d a a a ¢ a a ^. v, N ® a a ¢ d a a d a a .. o a a d a a a a a a H `"' a a d d a a d a a Z a r-i � ^�, a ¢ d a a a a a a � � Za � a a d a a a a a d OQ W y o N 0. 0. d a 0. 0. a ac4o � r- UW `"' A WO �' W � '^ a 0. d a 0. 0. a 7q �, w � �4 � W � F !I `d 0. 0. d 0. 0. 0. d �"� a H �,t ,� a a a a a a a i 0 x � a a d a a a d C '" a: C N UJ � � a 0. 0. d 0. 0. 0. � � � � a •� � 0. N N N N N N N N N � d � Gxt7 M M M M � M .-� .ti .-. N N N M M M N N N N N N y Y d 'fl o � y h � � o Z R y �y C � �y � 'm Q � rr+ h ren � Z Vi F Item Number: IP13. CITY OF OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Ad Hoc Truth & Reconciliation Commission: November 16 Attachments: Ad Hoc Truth & Reconciliation Commission: November 16 November 16,2023 Draft Ad Hoc Truth and Reconciliation Commission(TRC) Minutes Emma J.Harvat Hall,City Hall Commissioners present: Chastity Dillard, Sikowis Nobiss, Lauren Merritt,Marie Krebs, Louis Tassinary, Chad Simmons,Clif Johnson. Commissioners not present: Wangui Gathua, Eric Harris. Staff present: Redmond Jones, Stefanie Bowers. Meeting called to order: 7:07 PM. Reading of Land Acknowledgement: Merritt read the Land Acknowledgement. Approval of minutes from the October 5,25, and 26 meetings: Merritt moved, and Krebs seconded.The motion passed 7-0. TRC planning presentation: Commissioner Simmons introduced himself and his professional experience. Simmons reported that he thinks the facilitators have not provided all of the pieces to the TRC. The pieces the TRC has been given by the facilitators to tell its story are below. Truth & Reconciliation Commission Telling Our Story Simmons feels that the TRC needs to continue to build the pieces. His vision for the TRC is on the following page. 1 Truth & Reconciliation Commission Telling Our Story I I oil I h I a Celebration and Remembrance According to Simmons, the second part is the team(people)development. High performance teams go through a process. Sometimes it can be a painful process. If the TRC can move towards performing they will be successful. There is additional work the TRC must do that cannot be performed by the facilitators. People test projects could include the following: • Truthsgiving • MLK Breakfast • Black Educator's Work Group • Civil Leadership Program • Housing Initiative • Black Business Wealth These projects would require additional funding from the City to the TRC. These projects would allow the TRC to test the waters. The list would also need to be expanded to be more representative of all persons and not just African Americans. Discussion and next steps: Staff will prepare a document that provides the contact information for all the facilitators and TRC members so that communications can be improved. Staff will also send out the TRC logo to commissioners for their use in the presentation slide deck. Per the request of Chair Dillard, staff will also send out a news release alerting the community of the upcoming presentation that TRC will make to the City Council. In preparation of the presentation to City Council, Commissioners will send a brief introduction of themselves to staff to be placed in the slide deck. Commissioners Tassinary and Nobiss will not be able to attend the City Council meeting. It is not known if Gathua will be present. Facilitator Larry Scheeler provided an overview of how the fact-finding process will work. Identifying the best sources to find the information so that the TRC can identity the facts and also any gaps in the data that the TRC needs to know to make its recommendations to the City Council. 2 The TRC will have to identify the vision as it sees it as it relates to systemic racism, stereotypes, and prejudices. Kearns and West will hand off to the TRC all the information and sources to them so they know how often that data is updated. Amos Kiche a member of the public,believes the TRC should create a strong statement on its intended deliverables to the community. Announcement of Commissioners: Krebs spoke on the recent recommendations by the Board of Regents on the elimination of any DEI functions that are not necessary for compliance or accreditation at state universities. Nobiss mentioned the effects of the book bans in that state of Iowa and its effect on education and learning. Nobiss also alerted to a new book that tells stories on challenges to bigotry and ignorance within the state of Iowa. Dillard reminded commissioners of "Giving Tuesday". The meeting adjourned at 9:43 PM. To view the recording or listen to the audio of this meeting,visit this link 3 AD HOC TRUTH&RECONCILIATION COMMISSION ATTENDANCE RECORD YEAR 2023 Meefin Date TERM 416 514 &1 6115 7/20 8117 917 9121 1015 10125 10/26 11/9 11/16 NAME EXP. Dillard 12/31/24 P P p P P p p p p p p p P Gathua 12/31/24 p p p P P P A P p P P A A Harris 12/31/24 A P A A A A A A A A A A A Johnson 12/31/24 P P p p p p p A P A p P P Krebs 12/31/24 P P P p p P p P P p p A P Merritt 12/31/24 p P p P p P P P p P p p p Nobiss 12/31/24 A P A P p P p A P A A A p Simmons 12131/24 - - - - p p P P P p p P Tassinary 12/3124 - - - - A p P P p p P P KEY: P = Present A =Absent Item Number: IP14. CITY OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Airport Commission: November 15 Attachments: Airport Commission: November 15 MINUTES DRAFT IOWA CITY AIRPORT COMMISSION November 15, 2023—5:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Judy Pfohl, Chris Lawrence, Hellecktra Orozco, Members Absent: Warren Bishop, Ryan Story Staff Present: Michael Tharp (via Zoom), Jennifer Schwickerath, Others Present: Sam Brooks, Kevin Bailey, Carl Byers RECOMMENDATIONS TO COUNCIL: None DETERMINE QUORUM A quorum was determined at 6:00 pm and Orozco called the meeting to order. APPROVAL OF MINUTES Pfohl moved to accept the minutes of September 14, 2023, as amended, seconded by Lawrence. Motion carried 3-0 (Story, Bishop absent) PUBLIC COMMENT - Bruce Pfohl gave a picture of Judy's father taken in front of John Ockenfels aircraft to the Commission as part of their donations to the art mural. ITEMS FOR DISCUSSION /ACTION a. Unhoused encampments (Stevens Drive/Sturgis Ferry) —Tharp stated this was the last meeting before they started the formal action. Tharp noted that they didn't want to file until the winter shelter was open which would be on December 41, so that meant that the 3-day notice period would start on Friday December 11' Schwickerath noted that the west side of the river would be a joint filing with the City as part of the ground was transferred to the city for the transit building area. Lawrence moved to give Tharp and Schwickerath the authority to move forward with the eviction notices and filing on December 4th. Seconded by Pfohl. Motion carried 5-0 b. Hangar A Mural Project—Tharp noted that the art mural project was complete and that the artist had completed the requested changes and they were ready to accept the project as complete. I. Consider a resolution accepting project as complete — Resolution #A23-18 moved by Lawrence, seconded by Orozco. Motion carried 5-0 c. Airport Construction Projects: L FAA grant projects 1. Runway 25 Threshold Relocation — Tharp stated that the contractor was out and finished the light installs they were waiting Airport Commission November 15,2023 Page 2 of 4 for and that the project was now complete. Tharp stated that they would most likely have an acceptance resolution at the next meeting. 2. Runway 12/30 Displaced Threshold/Relocation — Tharp stated that this was still a Spring project and that they would discuss scheduling with the contractor in January or February 3. Terminal Area Study— Tharp stated they had submitted the report to the FAA and were working through comments FAA had regarding the report. Tharp stated they had applied for the grant for design/review and that he didn't expect the announcement of award until February. Tharp noted that there was some concern with the FAA declaring some of the areas as non-eligible because of the way the program works, and they were working that. Byers stated that they were looking for additional grant resources for any pieces that might not be eligible for FAA funds. 4. Solar Power Project — Tharp stated that they had received word from their congressional delegation that the next round of FAA BIL funding was about to be announced. He stated that number was $293,000 and that they'd have around $700,000 of BIL money for the project. Tharp noted the project budget for phase 1 was $500,000 5. FAA FY24 AIP Pre-Application- Byers shared the application packet with members and Tharp stated that this was the AIP pre- application for the FAA AIP Program. Tharp noted that with the terminal and solar power projects, they did not actually have an AIP project planned for FY24 in order to build up funds for the next project in line which was the runway pavement maintenance. Tharp stated the draft was due to the FAA tomorrow for comments. ii. Iowa DOT grant projects 1. FY23 Program a. Terminal Building Improvements—Tharp stated they were just waiting for the contractor to get their supplies and that this was likely going to be a spring project. Bishop asked for a project description and Tharp responded that this was the project to replace the plywood baggage area with glass brick. iii. Airport/Locally Funded Projects— none iv. Future Projects—none d. Airport"Operations" I. Budget — Tharp stated that he and Orozco had their budget meeting with the City Manager and Finance staff. He stated that it could have gone better. Tharp noted that between the time the Commission submitted their budget and when all the numbers were finalized with other city departments, they had an insurance cost increase of $10,000 that they didn't expect. Tharp noted that they had made some other decisions as part of the budget and the budget was showing a $20,000 deficit. Tharp stated that he, Orozco, and Lawrence were able to meet after the budget meeting and refine the proposed budget that it showed a $5000 surplus. Tharp noted they did this by including the revenue generated from the fuel flowage fee increase, the projected electricity savings with the solar power project, and also a Airport Commission November 15,2023 Page 3 of 4 projected hangar rate increase. Tharp stated that they were also asked about the airport fund balance because it was showing a negative balance. Tharp noted that this was due to the way they funded the art project and once the funds from the donors were received from the community foundation, they'd have a positive balance again. Orozco asked about the water bill. Tharp noted that they had the water department come out and helped find a couple of leaks that were impacting the water bill. fl. Management—Tharp stated that the City Manager's office had sent out an email update on the compensation and classification study. Tharp noted that there were no recommended changes for the airport so he expected their role in the study was complete. iii. Events—Tharp noted that as the calendar was updated for 2024 he would populate the list again. e. FBO t Flight Training Reports I. Jet Air—Wolford noted that he had just returned from a trip. Wolford stated that he'd attended a couple of business conferences and collectively the industry was seeing the same thing which was a downward trend of activity and pricing. f. Commission Members' Reports—Story asked about what the Commission could do look at projects that benefit hangar tenants in relation to the price the Commission charges for rent. g. Staff Report—Tharp noted that he was planning to take the week between Christmas and New Years off. SET NEXT REGULAR MEETING — Members set the next meeting for December 1411, 6:OOpm. ADJOURN Story moved to adjourn, seconded by Bishop. Motion carried 5-0. Meeting adjourned at 6:25pm. CHAIRPERSON DATE Airport Commission November 15,2023 Page 4 of 4 Airport Commission ATTENDANCE RECORD 2022-2023 TERMo o Q o 0 0 W 4./ A 171 t`i lT ` W f0 Q s i Q J Q Q 3 r4 W i i O 00 t0 t0 t0C W N OD O] W O A f0 N NAME EXP. N N N N N N N N N N N N N N N N W W W co W W W W W W W W W Warren 06/30/26 Bishop X X X X X X X X X X X X X O/E X Scott Clair 06/30/23 O/E X X X X X O/E O/E X/E OtE NM NM NM NM NM Christopher 06/30/25 X X X O/E X O/E X X X X X X X X X Lawrence Hellecktra 06/30124 Orozco X X X X X/E 01E O/E OlE X X X X X X X Orozco Judy Pfohl 06130/26 X X X X X X X X X X X X X X X Ryan Story 06/30/27 Not a member X O/E X 0/E X Key. X = Present X/E = Present for Part of Meeting O = Absent O/E =Absent/Excused NM = Not a Member at this time X/S = Present for subcommittee meeting O/S =Absent, not a member of the subcommittee Item Number: IP15. CITY OF IOWA CITY COUNCIL ACTION REPORT December 7, 2023 Community Police Review Board: November 14 Attachments: Community Police Review Board: November 14 DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — NOVEMBER 14, 2023 CALL TO ORDER Chair Melissa Jensen called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Ricky Downing, Jessica Hobart, Melissa Jensen, Jerri MacConnell, Saul Mekies, Amanda Remington (arrived at 5:40 p.m.), Orville Townsend (arrived at 5:35 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford OTHERS PRESENT: ICPD Chief Dustin Liston RECOMMENDATIONS TO COUNCIL (1) Accept CPRB 23-07 Public Report (2) Accept CPRB 23-08 Public Report (3) Accept CPRB 23-09 Public Report (4) Accept CPRB 23-14 Summary Dismissal CONSENT CALENDAR Motion by MacConnell, seconded by Downing, to adopt the consent calendar as presented. • Minutes of the meeting on October 10, 2023 • Email to Board re Police Officer Compliment— Received October 1, 2023 Community Forum Summary for meeting on October 3, 2023 • ICPD Use of Force Review/Report—August 2022, September 2022, October 2022, November 2022, & December 2022 • Office Contacts— October 2023 • Complaint Deadlines Townsend arrived at 5:35 p.m. Motion carried 610, Remington absent. Motion by Mekies, seconded by Downing, to reconsider the motion to adopt the consent calendar. Voice vote 610. Remington absent. Mekies requested an addition to the October 2023 minutes regarding his abstention from the motion titled "Motion to Close Nominations" to read as follows: Mekies abstained due to pending proposed changes to the process to be discussed at the November meeting and because he was on the nominating committee. Motion by Townsend, second by Mekies, to accept the October minutes and the Consent Calendar as amended. Motion carried 6t0. Remington absent. Remington arrived at 5:40 P.M. CPRE November 14, 2023 Page 2 NEW BUSINESS Discussion of ICPD Policv re: Use of Facial Recognition Technology— Dean Abel, Iowa City Resident, proposed a question at the October 2023 CPRB meeting asking if the Iowa City Police Department uses facial recognition technology. The item was deferred to the November meeting. Police Chief Liston reported that the Police Department does not use facial recognition technology, and as such, there is no department policy. He further noted that the Police Department follows the City's camera policy which does not address facial recognition specifically. Liston acknowledged that there are cameras being installed downtown, however, those belong to the Transportation Department. Abel asked haw the cameras are being used and if the Police Department has access to the footage. Liston responded that Police Department investigators, station masters, and supervisors have access upon request. He further noted that any footage from private business cameras must be requested as well. Abel asked if the downtown cameras run continuously. Liston said that some are motion activated and some run all the time. Abel shared his concern with facial recognition technology noting it has been proven to be inaccurate. Discussion of CPRS Nominating Process— Mekies proposed that members of a CPRB nominating committee not be eligible for nomination. He also suggested that nominees be expected to share why they are a good candidate for the chair or vice chair position. Jensen said there needs to be more clarity on what is expected of the nominating committee. Jensen volunteered to write guidelines for future nominating committees. Townsend does not see an issue with nomination committee members nominating themselves as the outcome is based on a majority vote. Downing said that attending meetings with fellow board members provides enough information as to why they should be nominated without further explanation. Counselor Ford explained that there is nothing in the CPRB by-laws or in the ordinance that states there must be a nominating committee. Both Jensen and Townsend spoke of the value of having a nominating committee. It was determined that the board would visit this discussion again prior to the 2024 nominating committee selection in September 2024. Discussion of Process for Complaints that are Determined to,be Untrue —MacConnell noted that at the bottom of the complaint form it states that filing a false complaint is punishable by law etc. She asked what the process is when a complaint is determined to be false. Remington stated she believes that determination would be the responsibility of the County Prosecutor. Liston agreed and explained that this is a standard statement that is included on many City forms. He noted that it is difficult to determine if it is an intentional false report or if the complainant simply misremembers the incident. He shared that all complaints that come into the Police Department are investigated, whether it be through the CPRB process or through other means, stating that he believes it to be his responsibility to do so. MacConnell suggested that perhaps the statement be removed from the complaint form. Liston again noted that it is a standard statement, and he hopes it encourages the complainant to be as truthful in their complaint as they can recall. Counselor Ford noted that there was a request in the past to include a box that must be checked prior to a person signing off on a complaint. He wondered if that was ever added. Neumann will follow up with the City Clerk. Discussion of CPRB Meeting Flow and Processes - Hobart said there seems to be some confusion at the CPRB meetings that may relate to Robert's Rules of Order. She questioned when it is appropriate to make a motion and ask for a roll call and when it is appropriate to simply ask for a voice vote. Discussion ensued amongst members about what the onboarding process was for each of them. There were various answers. Some sat down with Board Chairs, others were trained by the person they were replacing, and some were trained by the City Clerk or Clerk's office staff through in-person or virtual CPRB November 14, 2023 Page 3 meetings. Hobart received much of her training through documents that were emailed. Townsend believes the flow of the meeting is up to the Chair and how extensive their knowledge is of meeting processes. Mekies suggested that the Chair and/or Vice-Chair meet with new board members. Hobart said her observation is that there is some confusion amongst existing members, in addition to new members. Remington volunteered to put a summary of Roberts Rules and other meeting processes together to share with board members. Discussion of Legal Fees —Jensen explained that one of the responsibilities of the Chair is to review and approve the monthly legal invoices. She reminded the Board that requests to Counselor Ford should be reviewed by the Board or City Clerk Staff prior to reaching out directly. OLD BUSINESS None PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA Abel asked when the Board started streaming the meetings. Remington explained that during the pandemic meetings were held via Zoom. Recently the Board began offering hybrid meetings again in hopes to offer better accessibility to the public. Abel asked if it is available to the public to watch. Remington said they are and that the public may participate in the meetings virtually as well. Remington asked if a media release was ever created and sent out letting the public know that these meetings are now available virtually. Neumann said she asked Communications previously to do so and will follow- up. BOARD INFORMATION None STAFF INFORMATION None, TENTATIVE MEETING SCHEDULE and FUTURE AGENDASSsubiect to change) • December 12, 2023, 5:30 PM, Halling Conference Room • January 9, 2024, 5:30 PM, Helling Conference Room • February 13, 2024, 5:30 PM, Helling Conference Room • March 12, 2024, 5:30 PM, Helling Conference Room Mekies will be absent from the December 12, 2023 meeting and Jensen will be absent from the March 12, 2024 meeting. The Board agreed that no changes are necessary to the existing meeting schedule. EXECUTIVE SESSION Motion by MacConnell, seconded by Remington, 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 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. CPRE November 14, 2023 Page 4 Motion carried 7/0. Open session adjourned at 6:30 P.M. REGULAR SESSION Returned to open session at 7:00 P.M. Motion by Remington, seconded by Downing, to accept the Public Report for CPRB Complaint 23-07 as written and to forward to City Council. Motion carried 7/0. Motion by Remington, seconded by MacConnell, to accept the Public Report for CPRB Complaint 23- 08 as written and to forward to City Council. Motion carried 7/0. Motion by Jensen, seconded by MacConnell, to accept the Public Report for CPRB Complaint 23-09 as amended and to forward to City Council Motion carried 7/0. Motion by Remington, seconded by Townsend, to summarily dismiss CPRB Complaint 23-14 per 8-8-3(D) "Complaints to the Board must be filed with the City Clerk within one hundred eighty (180) days of the alleged misconduct." Motion carried 7/0. ADJOURNMENT Motion by Hobart, seconded by Mekies to adjourn. Motion carried 7/0. Meeting adjourned at 7:06 P.M. ) - - ® ® - - - ' \ - - - - - $ - ' \ ) - - $ - - - - ' § - - - - - - - ' @ - ' - @ $ - - ' R - ' - - - - - ' ) ® - ' - - - - - : o � m � / / ~ ~ ' - - - - - $ * un ~ § § ) § ( ] ) : - ' - - - - - - � 2 ( � ( ) \ - ' - ® - - - - / � Qa � § � - ' - - - - - - 0 u � - $ - - - - - \ % ' - - - @ % - 2 ° 2 { k - ' - - - ` - - � � �\ \ ( 5 & , « 222 � / � ° ` § ( \ \ \ \ \ \ \ \ w { { \ \ � � � � � � � � � o ? 2 � . | i , ! , / § «f ] ! ] | : § § ] { f | ) ! r � & 4 ! ! 4 4 ! , � � a � , ! COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 7,97; i? '` 22- DATE: November 14, 2023 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint#23-07 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #23-07 (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 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 Chiefs 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 Chiefs findings on1v 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 Chiefs 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 17, 2023. 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 August 10, 2023. 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 September 12, 2023 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(13)(1)(a). The Board met to consider the Report on September 12, 2023 and November 14, 2023. Prior to the September 12, 2023 meeting, the Board had the opportunity to review the complaint, the Police Chiefs report, and to watch and listen to body worn camera and/or in-car camera footage showing the interaction between the officers and the complainant. FINDINGS OF FACT: On the evening of May 8, 2023, the complainant reported to the Calumet City Police Department in Illinois that her Smith & Wesson handgun was stolen from her apartment. She advised that her ex was the only one who had access to the firearm and could have taken it. On May 10`h, 2023, the complainant reported that her ex was on his way to Iowa City on a bus and was in possession of a firearm he had stolen from her. Iowa City Police Investigators located the complainant's ex sitting on a bench in downtown Iowa City. He was arrested on outstanding warrants and the firearm was found in a bag he was carrying. The complainant later called and attempted to retract her report, claiming that she had just learned that the housekeeper had placed the firearm in her ex's bag without his knowledge. The officer explained that some of the charges were unrelated to the firearm, told her that if she wanted to rescind her-Jnitial report, she would need to do it with the agency she made the report to, and added the addittdnal information to the report. — COMPLAINANT'S ALLEGATION #1 — Performance—320.8. Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: The officer reported information as it was presented to him, including the statements made by the complainant when she tried to rescind her report five days after the arrest. The officer did not falsify any information or engage in concerning conduct. The officer explained to the complainant multiple times that if she wished to rescind a report, she would need to do so with the agency she initially made the report with, which was not the Iowa City Police Department. COMPLAINANT'S ALLEGATION #2 — Conduct. Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: Upon listening to the recorded phone calls, the Board found no evidence that the officer was rude, racist, or disrespectful. There was no evidence that he engaged in any inappropriate conduct. COMMENTS: None COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 y DATE November 15, 2023 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRE Complaint 423.08 This is the Report of the Community Police Review Board's (the `Board") review of the investigation of Complaint CPRE 423-08 (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 Chiefs 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 Chiefs 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 18, 2023. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was filed with the City Clerk on August 10, 2023. 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 Tuesday, September 12, 2023, to apply the following Level of Review to the Chiefs Report: Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation, pursuant to Iowa City Code Section 8-8-7(13)(1)(d). The Board met to consider the Report on September 12, 2023, October 10, 2023, and November 14, 2023. Prior to the September 12, 2023 meeting, the Board had the opportunity to review the complaint, the Police Chiefs report, and to watch and listen to body worn camera and/or in-car camera footage showing the interaction between the officers and the complainant. FINDINGS OF FACT: During the processing of booking, the complainant became more vocal and uncooperative-with the officer's requests. The complainant continued to ignore orders from the officer,and when officer attempted to escort the Complainant back to the bench a physical altercation ensued. The complainant was placed in handcuffs and the process continued. COMPLAINANT'S ALLEGATION #1 — Use of Force. Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: The CPRB reviewed the document submitted by the Chief of Police regarding use of force, and discussed the incident with the new information. After the discussion and viewing available videos the complainant's allegation is unsubstantiated. COMPLAINANT'S ALLEGATION #2 — Unprofessional Conduct. Chiefs conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: After viewing available video footage, the complainant's allegation is unsubstantiated. The officers' were professional and courteous throughout their altercation. COMMENTS: None _„_ F COMMUNITY POLICE REVIEW BOARD ABoard Ofthe City UfIowa City 41OEast Washington Street Iowa City, |A52340-1828 (319) 356-5041 DATE: November l4' 2O23 � To: City Council Complainant City Manager Chief of Police [)ffioer(S) involved iOcomplaint � From: Community Police Review Board Re: Investigation[nvestgmtiom «f CPRB Complaint#23-09 `� * This isthe Report 8fthe Community Police Review Board's (the "BV8Ki"\ neview/ 0fthe investigation Of <�0Np|8ini (�F�RB#23-0Q (the 'CAAlp|8iUt"). � BOARD'S RESPONSIBILITY: Under the City Code Cfthe City ofIowa City, the Board's responsibilities are 8Sfollows: 1. The Board forwards all complaints tgthe Police Chief, who completes 8Ainvestigation. /|um/a (�itV (�odeSection 8-8-7//\\.\ ` 2. When the Board receives the Police Chief oreport, the Board must select one 0rmore 0fthe following levels Ofreview, inaccordance with Iowa City Code ----Section 8-D-7/B\/1\: 8. Onthe record with D8additional investigation. b. Interview /meet with complainant, c. Interview/meet with named OffiS8/(a) 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. |Areviewing the Police Chiefs report, the Board must apply 8 "reasonable basis" standard of review. This means that the Board must give deference t0the Police Chiefs report, because uf the Police Chiefs professional expertise. (Iowa City Code Section 8-D-7(B)(2>.> 4� According 1OIowa City Code Section 8-8-7/B\/2\ the Board can recommend that the Police Chief reverse Ormodify the Chiefs findings only if: a. The findings are not supported bysubstantial evidence; or h. The findings are unreasonable, arbitrary, 0rcapricious; ur C. The findings are contrary to a police department policy or practice, or any federal, state, 8rlocal law, 5. When the Board has completed its review of the Police Chiefs 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 31, 2023. 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 August 29, 2023. 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 October 10, 2023 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(13)(1)(a). The Board met to consider the Report on October 10, 2023 and November 14, 2023. Prior to the October 10, 2023 meeting, the Board had the opportunity to review the complaint, 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: On May 31, 2023, an Individual filed the following on-line CPRE complaint stating that an officer pulled in front of his parked moped. The officer stepped out, did not attempt to confirm his identity, and simply told him he had a warrant for his arrest. The Individual states he asked what the warrant charge was, and the officer responded, "driving while barred." The Individual asked what he was barred for, and the officer stated, "I don't know." The officer asked the Individual if he was coming with him and he refused, stating that without a basis for charging him he had no obligation to comply. The Individual stated that the officer grabbed him, twisted his arm, handcuffed him so tight that he had bruises, and threw him in the back of his vehicle. The Individual states that several officers were present and when he stated that his ID, glasses, and medication were in his moped they beat his moped trying to open the seat. The Individual mentioned to the officers that he had the right to view and know the charges on the warrant and further asked why he had not been read his Miranda rights. The Individual stated that one officer laughed and stated he didn't have to read him his rights. The Individual indicated that he stated to the officers that they were arresting him on unclear charges without his name was objectively racist, and ignoring his rights and depriving him of his freedom because he was poor and black was unjust. The Individual stated that one of the officers laughed and began to call him "stupid and ignorant". COMPLAINANT'S ALLEGATION #1 —Application of Handcuffs or Plastic Cuffs 302.4- Inmost situations, handcuffs should be applied with the hands behind the person's back. Handcuffs should be double locked to prevent tightening, which may cause undue discomfort to the hands or wrists. Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: The Individual submitted to handcuffing and did not physically resist. The officer applied the handcuffs normally, without undue tightness, and was able to fit two fingers between the. handcuffs and the individuals' wrists. The officer did not use force or handcuffing techniques that would have injured the individual, nor were there any visible injuries on his wrists based on the officers' body-worn camera video. COMPLAINANT'S ALLEGATION #2—Conduct 320.5.9(f). - Discourteous, disrespectful, or discriminatory treatment of any member of the public or any member of this department or the city. Chief's conclusion: Sustained Board's conclusion: Sustained Basis for the Board's conclusion: -Allegation #2 is sustained regarding the volume of the music and the "stupid and ignorant "comments. The Individual made repeated requests for the officer to lower the volume or turn off the music. Although the volume was not at an objectively egregious level that still allowed them to communicate, the Individual felt it was too loud and upsetting him. The officer should have lowered the volume and not disregarded additional requests to decrease the volume or shut it off. The officer told the Individual that he would increase the volume in response to comments the Individual made about the arrest being based on race. The officer proceeded to increase the volume but lowered it again fourteen seconds later. However, regardless of the duration of the higher volume, the officer's response to the Individual's comments to drown him out was unprofessional and discourteous. The officer referred to the individuals comments as stupid and ignorant, not the individual himself. Regardless, the officer's comments were unprofessional. COMPLAINANT'S ALLEGATION #3 — Biased-Based Policing-GO 01-01. - To patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that members of the public will only be detained when there exists reasonable suspicion (i.e., articulable objective facts) to believe they have committed, are committing, are about to commit an infraction of the law, or there is a valid articulable reason for contact. Members are prohibited from using bias-based policing in all aspects of work including, but not limited to, traffic contacts, field contacts, asset seizure, and asset forfeiture. Chief's conclusion: Not sustained Board's conclusion: Not sustained w, Basis for the Board's conclusion: CP There is no evidence that the officers' arrest of the Individual was based on race.. the officer knew the Individual, had a valid warrant for his arrest and recognized him from a previous encounter. The officer took the Individual to jail on the warrant only and did not charge hirci with additional offences. In addition, the officer did not make any comments based orrface, disparage the individual in any way, or otherwise indicate that his actions were based on the Individuals race or socioeconomic status. COMPLAINANT'S ALLIGATION #4—Civil Rights, GO 89.04. - It is the policy of the City of Iowa City and the Iowa City Police Department to ensure the civil rights of the residents of Iowa City are upheld. Members of the department shall ensure that all constitutional protections are afforded those parties with whom the department is involved. Chiefs conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: The officer arrested the individual on a valid arrest warrant, based on a driving while barred charge from three days earlier. The officer told the individual multiple times the warrant was for driving while barred but did not provide specific reasons for the warrant paperwork. There was no requirement that the officer advised the individual of the Miranda warnings because he was not subject to custodial interrogation for the driving while barred charge or other offenses. Thus, the individual's rights to due process and his protection against self-incrimination were not violated. COMPLAINANT'S ALLEGATION#5— Personal Use of Social Media, Personnel Policy 8.13 - Employees are prohibited from using the internet or social media to post content that violates the City's harassment or discrimination policies even if occurring outside work hours, from home, and on personal devices. Such behaviors include but are not limited to posting comments on other content that is derogatory with respect to race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other classes or categories protected by federal, state, and law including epithets, slurs, and negative stereotyping, sexually suggestive, humiliating, or demeaning comments; or other behaviors that could constitute harassment or bullying. Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: The Twitter post to which the individual referred to in his complaint was a retweet on the officers' account. Although the post relates to race in some form, it does not contain racist or derogatory language. An internet search was performed, and the same post was found after receiving the individuals complaint. The post could not be located after the officers' interview on August 4, indicating that he may have changed the settings on his account to more private filters. In addition, the post was not directed at the individual or any specific individual, nor did the officer include additional comments on the retweet. COMMENTS: None - c.:,