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HomeMy WebLinkAbout2024-08-15 Info Packet 4 City Council Information Packet CITY OF IOWA CITY August 15, 2024 Council Tentative Meeting Schedule IP1. Council Tentative Meeting Schedule August 20 Work Session IP2. Work Session Agenda IP3. Memo from City Attorney: Tobacco permit ordinance amendment Questions IP4. Pending City Council Work Session Topics Miscellaneous IP5. Housing Trust Fund in Johnson County(HTFJC): City of Iowa City FY24 Annual Report Draft Minutes IP6. City Council Economic Development Committee: August 12 IP7. Community Police Review Board: July 9 August 15,2024 City of Iowa City Item Number: IP1. CITY OF IOWA CITY COUNCIL ACTION REPORT August 15, 2024 Council Tentative Meeting Schedule Attachments: Council Tentative Meeting Schedule City Council Tentative Meeting Schedule Subject to change CITY OF IOWA CITY August 15,2024 Date Time Meeting Location 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,October 21,2024 4:30 PM Joint Entities Meeting TBD Hosted by the City of University Heights 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 August 15, 2024 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 ; k Work Session August 20, 2024 - 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.org/land acknowledgement Meeting Rules can be found at: icgov.org/meetingrules You can watch the meeting on cable channel 4 (118.2 QAM) in Iowa City, University Heights and Coralville, or you can watch it online at any of the following websites: • htt�s:://city_channel4.com/live + https://www.youtube.com/user/citychannel4/live ■ https://facebook.com/CityoflowaCity 1. Clarification of Agenda Items 2. Information Packet Discussion [August 8, August 15] 3. University of Iowa Student Government (USG) Updates 4. Evaluate one-year progress of fare free transit 5. Downtown parking discussion 6. Tobacco Moratorium Discussion [continued from August 6] 7. Council updates on assigned boards, commissions, and committees Item Number: IP3. r 1 CITY OF IOWA CITY a � COUNCIL ACTION REPORT August 15, 2024 Memo from City Attorney: Tobacco permit ordinance amendment Questions Attachments: Memo from City Attorney: Tobacco permit ordinance amendment Questions . =r - CITY OF IOWA CITY ! ul �t J, �Ik MEMORANDUM ® � Date: August 15, 2024 • To: City Council From Eric R. Goers, City Attorney Re: Tobacco permit ordinance amendment Questions At your August 6th Work Session, Council asked me to identify the issues the City Clerk and I had identified as needing Council guidance. Those issues, largely grouped by the draft ordinance amendment to which they most closely relate, are found below. As always, please do not hesitate to contact me if you have questions or concerns. Permit Cap. 1. We presently have 62 issued permits. Would you like to set the cap somewhere below 62 (and allow for grandfathering and attrition), at 62, or above 62? 2. With all tobacco permits expiring on June 30th each year, does Council wish to require renewals by a certain date? a. This is mostly related to identifying the availability of permits below the cap set by Council. b. If so, what should that date be? More on this below. 3. How do you want to treat retailers who fail to file their renewal applications in a timely manner? a. Grant them some sort of grace period? b. Allow them to have preference for any available permits? c. Treat them like any other new applicant? d. Staff recommendation: i. All renewal applications due by May 31st each year. ii. Staff recommendation: 1. Adopt rules that call for a 60-day grace period for June and July, after which they are treated like any other applicant for a permit. 2. As is the case now, if they don't get renewed in June then they cannot sell tobacco products in July, as their permit would have lapsed. 3. However, we would not consider the permit available to other applicants until August 1st 4. If, despite a lapsed permit, they don't reapply for and receive a permit by August 1st, then the permit is treated as vacant and made available for other applicants, assuming we are below the cap. If we are above the cap then our permit count simply goes down by one. 4. How do we allocate any available permits under the cap should they become available? a. Wait list? b. First come/first served? c. Based on likely percentage of tobacco sales? Do you want to treat vape shops differently? d. Lottery? e. Based on other criteria? 5. Does Council wish to allow one permittee to sell their business to another owner to engage in the continuation of the same, non-expanded business, in the same location, even though a new permit would need to be issued to the new owner in a location that remains nonconforming? a. For example, a Deli-Mart selling a convenience store to Casey's. b. Would that new permit be favored over issuing an available permit via the means Council determines for allocating available permits? c. Staff recommendation: Allow the sale as a legal nonconforming use, favoring the permit issuance over other applicants for available permits, even if we are currently over the cap. 6. Do we wish to impose a requirement for renewing businesses to be actively engaged in the business of selling tobacco products or face denial at the next renewal? a. Do we want to insist that new businesses have space secured and begin selling within a set period of time, e.g. 60 days, to avoid squatting? b. By squatting, I mean property owners securing an available tobacco permit for their property even if they don't have a tenant ready to engage in the sale of tobacco products. In this way, they could secure the right to sell tobacco from their property some day in the future, if a tenant ever wished to do so. 7. Is Council OK with granting the City Clerk administrative authority to write a tobacco permit application addendum to secure the permittee information needed to administer the various ordinance amendments Council is now considering? 8. Does Council wish to time these amendments and resolutions in such a way as to take effect all at once, with the moratorium lifted at the same time? a. Staff recommendation: Yes. Zoni ig Law (separation distance 9. Does Council wish to have separation distance between applicants and both other retailers and school property? 10. Does the remainder of the ordinance, including the 60-day grandfather rights retention period, meet with Council approval? Kratom: 11. Does Council wish to ban outright or regulate in some fashion? a. Possible regulatory subjects: i. Age restrictions ii. Marketing to children iii. Adulteration and contamination iv. Strength v. Labeling vi. Testing and sampling vii. Registration and permitting b. Staff recommendation: The City does not have the expertise or capacity to engage in testing for strength, contamination, or anything else. Policing marketing to children would be extremely labor-intensive. Registration and permitting would not likely be useful absent an entire regulatory scheme needing to be enforced. Imposing age restrictions may be more readily enforceable but would still require police resources to perform compliance checks, as with alcohol and tobacco. As a result, staff recommends that Council either ban it outright or leave the status quo in place. Copy to: Geoff Fruin, City Manager Kellie Grace, City Clerk Kirk Lehman, Assistant City Manager Sue Dulek, First Assistant City Attorney Tracy Hightshoe, NDS Director Danielle Sitzman, Development Services Coordinator Anne Russett, Senior Planner Dustin Liston, Police Chief Item Number: IP4. CITY OF IOWA CITY COUNCIL ACTION REPORT August 15, 2024 Pending City Council Work Session Topics Attachments: Pending City Council Work Session Topics � r �:�Ii Illy CITY OF IOWA CITY UNESCO CITY OF LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS August 14, 2024 Currently Scheduled September 3,2024: Preliminary FY2026 budget discussion Pending Special Work Session: Strategic Plan review and update FY23-25 Strategic Plan Action Item Topics Reciuirin2 Council Discussion: • Explore legal steps to discourage or prevent bad faith and predatory property investors • 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 Other Topics: • Discussion of board and commission appointment process • UNESCO City of Literature update • License plate reader technology discussion • Local Option Sales Tax and other alternative revenue streams discussion • Air quality discussion • Review of City grant programs(Social Justice Racial Equity, Climate Action,Public Art, and Aid to Agencies) • Alternative crisis response discussion • Historic preservation incentive discussion Note: Some items on the Pending List may require staff research and information gathering prior to scheduling. Item Number: IP5. r 1 CITY OF IOWA CITY a � COUNCIL ACTION REPORT August 15, 2024 Housing Trust Fund in Johnson County(HTFJC): City of Iowa City FY24 Annual Report Attachments: Housing Trust Fund in Johnson County(HTFJC): City of Iowa City FY24 Annual Report n[F] Housing Trust Fund of Johnson County 26 E. Market Street#123 . . Iowa City, IA 52245 Housing Trust Find Mailing Address: PO Box 2446,Iowa City,IA 52244 Johnson County Email:cmccabe@htbc.org Website: www.htbc.org Office:319.358.0212 Board ofDirectors Ellen Habel,President,City of Housing Trust Fund of Johnson County (HTFJC) Coralville FY24 Year-End Report, City of Iowa City Affordable Housing Fund Crissy Canganelli, Vice- President,Shelter House The City of Iowa City allocated$1,000,000 in FY24 funds to their Affordable John Warren,Treasurer Housing Fund. Fifty percent, or$500,000, was allocated to the Housing Trust The Brems Group,CPAs Fund of Johnson County (HTFJC)to support and invest in affordable housing Rod Sullivan,Secretary within Iowa City. The Council also directed another 20%, or$200,000,to HTFJC Johnson Cound i Board of for Low Income Housing Tax Credit(LIHTC) projects_ Supervisors The City of Iowa City funding, combined with support that HTFJC receives from Jessica Andino, University of the Johnson County Board of Supervisors and the State Housing Trust Fund Iowa program., as well as payments received on prior HTFJC loans, enables HTFJC to Simon Andrew,The Hauling Fellowship make substantial investments in affordable, sustainable housing projects and programs. Jerry Anthony, University of Iowa, Urban&Regional Planning HTFJC committed$2,490,000 to new affordable housing located within Iowa City Kirsten Frey,Shuttleworth in FY24 for 186 households. The proposed housing will cost $43,286,107. Ingersoll Steve Gordon,AM Mama The following information provides details about the projects allocated funds by Andy Hodge,Hodge the HTFJC including those with support specifically from the City of Iowa City Construction during FY24. Cody Howell, University of Iowa FY24 City of Iowa City Allocation: $500,400 Overview Hai Huynh,Coralville Community Food Pantry $500,000 from the City of Iowa City will support two distinct projects that will serve 43 households and leverage an additional $1,132,000 for housing that is Erika K�bly,City of Iowa City affordable within Iowa City. MoIIy Miller,Hills Bank and Taft Company The 43 households assisted(100%) will have incomes from 0%to below 30% of the Area Median Income (AMI) -those with extremely low incomes. All the Tracey Mulcahey,City of North Laberty households served will have at least one significant barrier beyond having an extremely low income including experiencing homelessness or independent young Phil O'Brien, Urban Acres Real adults in United Action for Youth's Transitional Living Program. Estate Mikekena Richardson,ECO Please see the tables below for details regarding projects using City of Iowa City Disaster Recovery LLC funding Zach Wahls,Iowa Senate and GreenState Credit Union Staff Ellen McCabe, Executive Director M as .� N (u 'o 0 0 o aaii 'o°' Q o C o Em ix w E a E +' +' nr \ 3� O O _ O D - }r p 0 W W U V Q Q y� Gi O O E d co a c _ o ..� z N m O _ M M CD M E V a? I rho M Ur- 1 M m E 1 a o - v u �V '0" CD z p O d 'p 1 m v (A u H C C C V _ o A 3 Z o o C6 to q r G C 1 B L T 'L 2 ro ~ it ++ = M r = p� O 2 2 n ao m z ers a y v � �a � M p o 0 d- _ ++ O O +@+ +' D0 Q 00 --- -- U = u u E Val Clio z Ci o d a O o 0 0 $. -tr -tr ++LL o 0 0 0 2 u O. yr to a tka J O a0 00 c? 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Q U m aLL' as ¢ c = o a c M d +1 aJ a, v Gi z O c oaj Q Z o a:Ipi o w a v, a m c _ Q to z U F- (1) a) rn O (D x r- tka � U LL a �n f4 o o .a O 7 co C O E 0 E m L E J O a� o o ro H M t c is I 2 O c o u a u E Z m +-' a E c m as p N p -y E a Y °O° Q ¢ d rii C J ° a a) Ho O 7G E O O N LL W 3 L o � f- w M: °p a o z a of s0 r '� FY24_Highlights Utilzing City of Iowa City Funding: UAY Transitional Living Program: HTFJC awarded $380,000 to The Housing Fellowship for a rental property that will serve eight households with extremely low incomes who are receiving support services from United Action for Youth. The housing will be affordable for a minimum of 30 years. All households will have incomes below 30%AMI. The property will be purchased in late July, 2024 and is located on the east side of Iowa City_ Shelter House Emergency Shelter Rehabilitation: Approximately 35 households with roughly 70 people per night will be assisted for many years to come under this award. HTFJC committed $396,227 in grant funding for critical facility improvements which will help prevent loss of life and improve the health, safety, and well-being of the guests and staff. The award will increase Shelter House's capacity to serve families, increase accessibility, and address over-crowded spaces. $64,192.28 was paid out in FY24 utilizing FY24 City of Iowa City funding to assist households with incomes from 0%AMI to below 30%AMI. The balance of the award will be applied prior to June 30, 202S. and FY24 City of Iowa City Low Income .Housing Tag Credit(LIHTC) Set-Aside: HTFJC awarded $1,500,000 to Together We Grow(TWG) for the proposed Roosevelt School project. The overall project cost is projected to be $40,938,407 and will have 168 one-,two-, and three-bedroom apartments on the west side of Iowa City. $380,000 in LIHTC set-aside funding from the City of Iowa City for FY23 and FY24 has been committed to the Roosevelt School project. HTFJC will fund the remaining $1,120,000 committed to for the project using a variety of funding sources should the development secure LIHTC funding. TWG proposed a 15-year affordability period and all 168 units for households with incomes below 60%AMI. HTFJC countered with a 30-year affordability period and a minimum of 34 units for households with incomes below 40% AMI (very low income) split between one- (13 units),two- (15 units) , and three-bedroom(6 units). TWG agreed to provide the mix of 34 apartments for households with incomes below 40%AMI (very low income) and 134 apartments for households with incomes below 60% AMI for 30 years in exchange for$1.5M award. Conditions of the HTFJC award include securing LIHTC funding from the Iowa Finance Authority by December 1, 2024. FY20 and FY21 City of Iowa City LIHTC Set-Aside Update: $380,000 in LIHTC set-aside funding from FY20 and FY21 was paid out in FY24 to support the NEX Senior project which is due to open in December, 2024 with 45 rental units for seniors above 55 years of age and incomes below 40%, 50%and 60%AMI. FY24 Award Highlights Within Iowa City Connected to Other Funding Secured By HTFJC: HTFJC awarded$610,000 secured from funding sources other than FY24 City of Iowa City's allocation to support affordable housing within Iowa City this past year. An additional 10 households will be assisted with these awards. More than half of the households to be assisted have extremely low incomes from 0%to below 30%AMI. The following projects were awarded funding that does not include support from the City of Iowa City FY24 allocation: Iowa Valley Habitat for Humanity Memorial Builds: $300,000 to build two homes for homeownership. Each home will have five to six bedrooms to accommodate larger families with incomes under 80% AMI. Systems Unlimited New to Us Home: $100,000 to assist with the purchase of a new property to serve three individuals with disabilities and incomes below 30%AMI. The Housing Fellowship Acquisition: $50,000 to help acquire a rental property for one household with an income below 60%AMI. Mayor's Youth Empowerment Program (MYEP)Acquisition: $60,000 was awarded to MYEP to help purchase a home for three individuals with disabilities and incomes below 30%AMI. The Housing Fellowship Student-Built II Affordable Rental: $100,000 was awarded to help pay for the construction of a second rental home on an infill lot within the Northside neighborhood. The home, with five to six bedrooms for larger families,will be affordable to those with an income below 60%AMI for 30 years. Prior Year Awards Located Within Iowa City—Utilizing Other Funding Sources Secured by HTFJC Paid Out in FY24: The Housing Fellowship Student-Built I: $43,198 drawn on $50,000 awarded to support construction of a rental home for households with incomes below 60% AMI. Iowa City Sober Living: $75,000 drawn to help purchase home for women coning out of treatment for substance abuse_ The award will support two beds for residents with incomes below 30%AMI for 30 years. Systems Unlimited Rehabilitation: Systems made a final draw of$10,123.35 on an award to provide accessibility updates on a property serving three individuals with disabilities and incomes below 30% AMI. Item Number: IP6. r 1 CITY OF IOWA CITY a � COUNCIL ACTION REPORT August 15, 2024 City Council Economic Development Committee: August 12 Attachments: City Council Economic Development Committee: August 12 DRAFT-p.1 Council EDC, 8/12/24 Minutes City Council Economic Development Committee August 12, 2024 City Manager's Conference Room City Council Economic Development Committee Members Present: Laura Bergus, Josh Moe Members Absent: Andrew Dunn Staff Present: Rachel Kilburg Varley, Eric Goers, Sarah Gardner Call to Order Moe called the meeting to order at 8:14 A.M. Consider minutes from the July 1, 2024 Economic Development Committee meeting Bergus moved, Moe seconded a motion to approve the minutes of the July 1, 2024 meeting. Motion passed (2-0). Old Business Moe explained that due to the Economic Development Committee (EDC) being a three- person committee, any two members discussing matters of the Committee represents a quorum and is subject to Open Meeting Law. As such, EDC members must disclose any conversations that occurred between themselves outside of EDC meetings. Moe shared he had discussed with both Dunn and Bergus about the process for moving the TIF Policy forward but had not had substantive conversations. Bergus shared she also had spoke to the other members about scheduling of meetings, but nothing substantive. Develop recommendation_ to full City Council for approval of revised Tax Increment Fi- nancing Policy Moe introduced the memo he authored and submitted through the August 12, 2024 Council EDC agenda packet. First, he suggested adding introductory language which clarifies what the Tax Increment Financing (TIF) Policy is and how it will be used. Bergus and Goers agreed such language would be helpful to include for the public's understanding. Next, Moe invited discussion about options for verifying credibility of sustainability approaches for TIF-supported projects. Bergus noted appreciation for Moe's proposed language which identifies specific benchmarks and indicated support for incorporating some sort of credible check or verification. Moe asked Gardner for her input, and she shared that third-party verification for new construction projects is sensible but would be more difficult to apply to projects occurring in existing buildings and thus suggested differentiating the two. Additionally, DRAFT-p.2 Council EDC, 8/12/24 Gardner suggested that participation in the City's Energy Star Portfolio Manager may be a good alternative to third-party verification for existing buildings. Committee members continued general discussion on this topic. Moe raised the question of how to empower City staff to perform or contract third-party verification and Bergus expressed concerns about self- certification. Kilburg Varley added that TIF projects are subject to annual certification to be eligible for their rebate payments. As part of that certification process, the City has the ability to require certain reporting and Kilburg Varley shared an example of one TIF-supported hotel project which is required to submit documentation of their annual Green Seal Certification renewal. Gardner also suggested that a report from an ESCO may also be an option. Next, the Committee discussed incorporating flexibility into the policy, to share specific guidelines while recognizing trade-offs with other priorities identified in the policy. Moe asked how the public is informed of TIF projects, and Kilburg Varley shared that TIF proposals are typically taken to the Council EDC prior to the Council, some projects require certain legislative steps such as rezoning, and that Council would approve all Development Agreements. Moe and Bergus summarized desired changes to the revised TIF Policy including adding clarifying introductory language, adding a list of example measures similar to the proposed list in Moe's memo, differentiating between new and existing construction, and adding that multiple touchpoints for verification may be requested with examples such as the Energy Star Portfolio Manager identified. Finally, the Committee members briefly discussed floors versus targets, the metrics identified in Moe's proposed memo, and the cost and trade-offs to consider when balancing the Climate Action goals and other public benefit priorities identified in the TIF Policy. Committee members directed staff to revise the TIF Policy based on the discussion and schedule another EDC meeting to review and consider recommending to the full City Council_ New Business None. Adiournment Bergus moved, Moe seconded that the meeting be adjourned. Motion carried (2-0) DRAFT-p.3 Council EDC, 8/12/24 Council Economic Development Committee ATTENDANCE RECORD 2020-24 TERM 10/27/21 10/19/22 11/29/22 9/25/23 j7/1/24 8/12/24 NAME EXP. Josh Moe 12/31/25 --- --- --- --- X X Andrew Dunn 12/31/25 --- --. .... ___ X O Laura Ber us 12/31/25 --- X X X X X John Thomas 01/02/24 X X X X --- Megan Alter 01/02/24 --- X X X --- --- Susan Mims 01/02/22 X .-- Mazahir Salih 01/02/22 X --- --- --- --- --- Key: X = Present O = Absent --- = not a member O/E =Absent/Excused Item Number: IP7. CITY OF IOWA CITY COUNCIL ACTION REPORT August 15, 2024 Community Police Review Board: July 9 Attachments: Community Police Review Board: July 9 Draft Community Police Review Board Minutes — July 09, 2024 CALL TO ORDER: Chair Jensen called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Melissa Jensen, Ricky Downing, Jessica Hobart, Jerri MacConnell Saul Mekies, David Schwindt MEMBERS ABSENT: Colette Atkins STAFF PRESENT: Staff Connie McCurdy, Legal Counsel Patrick Ford OTHERS PRESENT: Police Chief Dustin Liston RECOMMENDATIONS TO CITY COUNCIL: m Accept CPRB 24-02 Public Report. CONSENT CALENDAR: Draft minutes of the meeting from June 11, 2024 ICPD Quarterly Summary Report IAIR/CPRB —2nd Quarter 2024 Motioned by Mekies, seconded by Downing to adopt the consent calendar as presented. Motion carried 6/0, Atkins absent. NEW BUSINESS: None. OLD BUSINESS: • Legal Counsel Ford suggested that the board discuss the wording used in the online complaint forms. CPRB staff handed out a sample of the proposed changes. Board members liked the changes, however, Ford asked for a change to the second question. The second question now reads "Does the incident involve a police officer employed by the City of Iowa City?" PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: u None. BOARD INFORMATION: Mekies asked for certificates of appreciation to be sent to the outgoing CPRB members Remington and Townsend Sr. CPRB staff noted that this had already been done. o Mekies asked to have a discussion about complainants that frequently contact the police for scenarios that should go through DHS or other social service agencies added to the next agenda. CPRB July 09, 2024 Draft Page 2 STAFF INFORMATION: • Chief Liston asked the board members if they would mind if when he had something to share if he could talk about it during the "board discussion regarding the consent calendar" portion of the meeting. Board members agreed to have Chief Liston speak during the consent calendar part of the meeting. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change): • August 20, 2024, 5:30 p.m. — Helling Conference Room • September 10, 2024, 5:30 p.m. — Helling Conference Room • October 8, 2024, 5:30 p.m. — Helling Conference Room • November 12, 2024, 5:30 p.m. — Helling Conference Room EXECUTIVE SESSION: Motioned by Mekies, seconded by Downing, to adjourn to 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. Motion carried 6/0, Atkins absent. Open session adjourned at 5:52 p.m. REGULAR SESSION: Returned to regular session at 6:25 p.m. Motioned by Downing, seconded by Jensen to accept CPRB Complaint 24-02 as amended and forward report to Council. Motion carried 4/1/1, Mekies voted no, Schwindt abstained, Atkins absent. ADJOURNMENT: Motioned by Hobart, seconded by Jensen to adjourn. Motion carried 6/0, Atkins absent. Meeting adjourned at 6:26 p.m. x x x x x i x W r O 0 N x x o x x x x N O N C N M O R! N Qa N O O N 0 v v N � N O � N x x x x 4.0 H O U M N X x x x x C ti l"3 oa x x x o x x x i x x x x x x x i a+ 0 y r o �z to to � 00 00 ^O O O O O O O O O O O it 0 0 0 0 0 0 0 0 o W � a a v , _ L C II a}"i ` u o .� O •° a�i � � � o � u o 'x' y I I I I ti � AtixhvdR; OE- AvUd x� �COCc) Z COMMUNITY POLICE REVIEW BOAW y A Board of the City of Iowa City 410 East Washington Street ' Iowa City, IA 52240-1826 (319) 356-5041 Date: July 09, 2024 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint#24-02 This is the Report of the Community Police Review Board's (the"Board") review of the investigation of Complaint CPRB#24-02 (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(13)(2)).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board may issue a report that disagrees with the decision set forth in the Police Chiefs or City Manager's report only if:-' a. The findings are not supported by substantial evidence; oir 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(13)(6)). 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 March 08, 2024. 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 May 13, 2024. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chiefs report_ The Board voted on June 11, 2024 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 June 11, 2024 and July 09, 2024. Prior to the June 11, 2024 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: Complainant alleged that he determined that the officer was driving at a speed of 35-mph in a 25-mph zone.When interviewed at the police station,the complainant admitted that he had to go at least 35- mph to find the alleged speed of the officer's car. He had no equipment to accurately determine the speed. COMPLAINANT'S ALLEGATION#1: Violation of 309.2—Officer Response to Calls. Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: The speedometers of cars may not be calibrated and/or maintained in the same manner. The complainant's car would have traveled at least 35-mph, so he was breaking the law, but was not charged. COMPLAINANT'S ALLEGATION#2: Violation of 320.5.10 Safety. Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: The complainant did not use the appropriate equipment to determine the speed of the squad car driven by the police officer. COMMENTS: None.