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