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2019-05-21 Correspondence
i CITY OE IOWA CITY www.icgov.org May 21, 2019 ATTACHMENTS: Item Number: 6.a. Description Big Ten Property Management LLC (x3): Rental Permit Issues [Staff response included] Kellie Fruehling From: Geoff Fruin Sent: Saturday, May 04, 2019 8:18 AM To: Big Ten Property Management LLC Cc: Stan Laverman; Council Subject: Re: Rental Permit Online Access City of Iowa City Website Greetings, The database is in the process of being restored after a server crash a few weeks ago. We can assist you during office hours or you can use the link below as a temporary tool. http://www.iowa-city.org/lcgovApps/Tidemark/Search We hope full functionality will be restored to the website soon. Thanks, Geoff Fruin City Manager Sent from my iPhone On May 4, 2019, at 7:28 AM, Big Ten Property Management LLC <rentals@bigteniowacitv.com> wrote: Stan - The online access to the public for the Rental Permits was removed about two weeks ago from the City of Iowa City website when will that be back up online so that the public has access to that section of the website again? I was in your office yesterday and Sue Dunlap was able to access everything while I was there on the back side just checking in on getting this back on the public side of the City website. Thank you Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 1211 Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals@BigTenlowaCity.com Website: www.BigTenlowaCitV.com Owner is an Iowa Real Estate Broker 1 Kellie Fruehling From: Big Ten Property Management LLC <rentals@bigteniowacity.com> Sent: Monday, May 06, 2019 10:00 AM To: Stan Laverman Cc: Council Subject: Follow Up Rental Permits & Citations Importance: High Stan - Just following up we asked you for the number of citations issued against property owners or Landlords that go to court after the property owner or Landlord has complied with City Code and has been issued a New Rental Permit. Today we are going to court on a rental property because forms were not completed or something like that but the property has complied with City Code and your office has issued a New Rental Permit for?? So we are confused about why the City is taking us to court if we are in compliance with City Code and a New Rental Permit has been issued??? Especially when the repairs to the property found at the time of the inspection in late October "Winter" were fixed per the agreed upon deadline set by your office before June 1 2019? Is that not want the City Ordinance is in place for to work with Landlords to get things done not just take us to court to try and take our rental permits? As we stated on the phone to you as part of our conversation we were instruction by of Erik Tatge City of Iowa City Building Inspector to complete exterior weather related painting before June 1 2019 to be in compliance as the inspect was in the winter months so clearly you cannot paint outside. We did that exterior work as soon as it warmed up and completed it in March 2019 and Erik issued the new rental permits before Erik's extension to complete the work by June 1 2019. So we are confused why the City is still taking us to court today when we are in compliance with City Code and we have a new rental permit issued? Is it the City's position that you are taking us to court to in an attempt to take our rental permit at a later date over weather related issues that we cannot control? As you stated on the phone that was the reason you have a 3 citation rule that you can then take our rental permit this does not seem fair when its weather related issues not property owner issues. This is not fair to anyone involved you cannot ding our rental properties or anyone's for winter weather items that cannot be corrected i.e. outside painting in the winter months and use that to take our rental permit with your ordinance for repeated citations. We have requested a meeting with the staff but that has not happened for some reason. I think your ordinance is being used inappropriately against Landlords as a tool against property owners to attempt to take rental permits rather than work with and enforce work to be completed as is the intent of the ordinance. 1 We are not sure why you and your staff are waging war continued attack of our property rights needs to end. and resolve issues timely it would be a better use of City tax dollars was well. This is court over minor the inspectors discretion this is simply not right no Respectfully, Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 12th Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals@BigTenlowaCity.com Website: www.BigTenlowaCity.com Owner is an Iowa Real Estate Broker on Landlords but this We would be happy to meet our time and City of Iowa exterior paint that is at r is it fair. *All lease pricina, terms and conditions can change at anytime prior to lease execution without notice This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you 0_ Virus -free. www.avast.com 2 Kellie Fruehling From: Sent: To: Cc: Subject: Attachments: Importance: Stan - Big Ten Property Management LLC <rentals@ bigteniowacity.com > Monday, May 06, 2019 10:32 AM Stan Laverman Council Rental Permit Issues & Court Action 5 Triangle PI.pdf, 223 Melrose Ct.pdf, 841 Maggard St.pdf; 505 Brookland Park Dr.pdf, 223 Melrose Ct.pdf, 5 Triangle PI.pdf, 841 Maggard St.pdf High Also for the record you stated Erik can waive the court hearing and you cannot or will not override him but the City Attorney has offered us to waive all fees but plead guilty because of issues Tenants caused in 2018 i.e. disorderly house which we cannot control and not clearing snow timely when it's on the City Information and Disclosure Form your form for these locations that the Tenants are responsible for those issues? See emails from City Attorney. Clearly you only want to go after our rental permits and not resolve the weather related issues we did nothing wrong we agreed to complete the exterior work delayed by winter weather with a deadline set by the City to complete on or before June 12019 and we completed the work in March 2019 and as a result of that work being completed the City of Iowa City Erik Tatge issued new permits for all four of our rental properties so clearly we should be done now and not going to court over this. None of this makes any sense unless the City's goal is to take our rental permits that are the only reason you would take us to court and if that is the case then this City Ordinance needs to be addressed and redone to prevent this type of abuse by your office in the future. Also for the record paint is discretionary by the City Inspector and there were minor chips on the sides of the house and garage at one location and we painted the entire property not just touch up so clearly we care about the condition of our rentals. Thank you Big Ten Property Management LLC From: Sue Dulek <Sue-Dulek@iowa-city.org> Sent: Tuesday, April 23, 2019 8:48 AM To: Joseph T. Moreland <moreland@hmsblaw.com> Cc: Erik Tatge <Erik-Tatge@iowa-city.org> Subject: RE: 841 Maggard St Iowa City - 223 Melrose Court - 505 Brookland Park Drive - 5 Triangle Place Joe As it turns out, the inspection staff can access records but the public (including me) cannot due to IT issues. I didn't realize that or would have responded earlier. 223 Melrose. Rental permit expired 9-30-18. At the time the citation was issued on 2-15, rental fees had not been paid and it not passed inspection. Rental permit expired 9-30-18. There was an initial inspection on 10-19. Subsequently, an extension was granted on 2-26. The violation was for- Snow and Ice Removal 11/27/18. My earlier email referred to a second infraction, but should have said second code violation (as opposed to second "municipal infraction"). 841 Maggard. Same as above except the violation was for – Disorderly House 10/13/18. Complaint is attached—tenant pled guilty. I will forward by separate email an email from Tracy Barkalow to Erik Tatge with the extensions and inspection reports attached. In response to your client's question about the written extension form, that is needed to track extensions. With nearly 20,000 rental units, they cannot be tracked orally. Additionally, the dates are critical as the City Code prohibits a permit from being extended for more than 12 months. The City's offer remains the same: 841 Maggard and 223 Melrose— Admit the violation and have judgment entered for costs. No $250 civil penalty. 5 Triangle —The City will dismiss at Defendant's cost. Sue Susan Dulek Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 319-356-5008 Fax sue-dulek(a iowa-cit .00rg Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. From: Sue Dulek <Sue-Dulek@iowa-city.org Sent: Wednesday, April 17, 2019 9:42 AM To: Joseph T. Moreland <moreland@hmsblaw.com> Cc: Stan Laverman <Stan-Laverman@iowa-city.ori;>; Erik Tatge <Erik-Tatge@iowa-city.org> Subject: RE: 841 Maggard St Iowa City - 223 Melrose Court - 505 Brookland Park Drive - 5 Triangle Place Joe I was about to respond to your email from yesterday when this popped up. Here's the City's offer: 841 Maggard and 223 Melrose—Admit the violation and have judgment entered for costs. No $250 civil penalty. This is the second infraction on each property in the last 24 months. 5 Triangle —The City will dismiss at Defendant's cost. There are no previous infractions on the property. Sue Susan Dulek Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 319-356-5008 Fax sue-dulek(&iowa-city.org Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. Tracy Barkalow, Owner Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 12th Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals@BigTenlowaCity.com Website: www.BigTenlowaCity.com Owner is an Iowa Real Estate Broker *Ali lease pricing, terms and conditions can change at anytime prior to lease execution without notice This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you Q = Virus -free. www.avast.com City of Iowa City - Rental Permit Lookup (Printer Version) Page 1 of 1 RENTAL PERMIT City of Iowa City Cr,w of ex Permit # : REN03269 Permit Issued On: 03/20/2019 Permit Valid Through : 09/30/2020 Premises Address: 5 TRIANGLE PL Owner Information : BIG TEN PROPERTY MANAGEMENT LLC PO BOX 1490 IOWA CITY, IA 52244 E -Mail : rentals@bigteniowacity.com Phone 1 :319/354-0028 Type/Use of Structure : 1 Dwelling Unit(s) CAUTION: This Permit certifies that this structure was in compliance with the requirements of Section 17-5-19 of the Iowa City Housing Code at time of issuance. This does not imply that the property is in compliance with the Iowa City Zoning ordinance, State of Iowa Fire Code, or current Building Codes. nit Specific Information : Unit Accessible Bedrooms Occupancy Y M Data current as of : 3/21/2019 https://www.iowa-city.org/icgov/apps/GEN/reritalsPrint.asp?c=REN03269 3/21/2019 Depends on # of off street 5 N 3 parking spaces provided and floor area requirements. Data current as of : 3/21/2019 https://www.iowa-city.org/icgov/apps/GEN/reritalsPrint.asp?c=REN03269 3/21/2019 City of Iowa City - Rental Permit Lookup (Printer Version) Permit # : Permit Issued On : Permit Valid Through: Premises Address: RENTAL PERMIT City of Iowa City REN06074 04/10/2019 09/30/2020 223 MELROSE CT Owner Information : BIG TEN PROPERTY MANAGEMENT LLC PO BOX 1490 IOWA CITY, IA 52244 E -Mail : rentals@bigteniowacity.com Phone 1 :319/354-0028 Type/Use of Structure: 1 Dwelling Unit(s) Page 1 of 1 ttty ef� CAUTION: This Permit certifies that this structure was in compliance with the requirements of Section 17-5-19 of the Iowa City Housing Code at time of issuance. This does not imply that the property is in compliance with the Iowa City Zoning ordinance, State of Iowa Fire Code, or current Building Codes. Specific Information : Unit Accessible Bedrooms I Occupancy y Depends on # of conforming 223 N 3 off street parking spaces provided and floor area requirements. Data current as of : 4/10/2019 https://www.iowa-city.org/icgov/apps/GEN/rentaisPrint.asp?c=REN06074 4/10/2019 City of Iowa City - Rental Permit Lookup (Printer Version) Page 1 of 1 RENTAL PERMITr .. City of Iowa City I Permit # : REN00939 I Permit Issued On : 04/10/2019 Permit Valid Through : 09/30/2020 Premises Address : 841-845 MAGGARD ST Owner Information : BIG TEN PROPERTY MANAGEMENT LLC PO BOX 1490 IOWA CITY, IA 52244 E -Mail: rentals@bigteniowacity.com Phone 1 :354-0028 Type/Use of Structure : 2 Dwelling Unit(s) CAUTION: This Permit certifies that this structure was in compliance with the requirements of Section 17-5-19 of the Iowa City Housing Code at time of issuance. This does not imply that the property is in compliance with the Iowa City Zoning ordinance, State of Iowa Fire Code, or current Building Codes. nit Specific Information : Unit Accessible Bedrooms Occupancy Depends on # of conforming 841 N 1 off street parking spaces provided and floor area requirements. Depends on # of conforming 845 N 3 off street parking spaces provided and floor area requirements. Data current as of : 4/10/2019 https://www.iowa-city.org/icgov/apps/GEN/rentalsPrint.asp?c=REN00939 4/10/2019 City of Iowa City - Rental Permit Lookup (Printer Version) Page 1 of 1 RENTAL PERMIT 'cry!' City of Iowa City Chu ar� q C% I Permit # : REN06430 Permit Issued On : 04/10/2019 Permit Valid Through : 09/30/2020 I Premises Address : 505 BROOKLAND PARK DR Owner Information : BIG TEN PROPERTY MANAGEMENT LLC PO BOX 1490 IOWA CITY, IA 52244 E -Mail : rentals@bigteniowacity.com Phone 1 :319/354-0028 Type/Use of Structure : 1 Dwelling Unit(s) CAUTION: This Pen -nit certifies that this structure was in compliance witli the requirements of Section 17-5-19 of the Iowa City Housing Code at time of issuance. This does not imply that the property is in compliance with the Iowa City Zoning ordinance, State of Iowa Fire Code, or current Building Codes. nit Specific Information : Unit # Accessible Bedrooms a Occupancy Depends on # of conforming 505 N 3 off street parking spaces provided and floor area requirements. Data current as of : 4/10/2019 https://www.iowa-city.org/icgov/apps/GEN/rentalsPrint.asp?c=REN06430 4/10/2019 INSPECTION REPORT Date : 10/19/2018 BIG TEN PROPERTY MANAGEMENT LLC PO BOX 1490 IOWA CITY, IA 52244 CASE # : REN06074 LOCATION OF PROPERTY: 223 MELROSE CT CITY OF IOWA CITY The Department of Housing and Inspection Services inspected the property listed above on 10/18/2018. The following items are not in compliance with Title 17, Chapter 5; the Iowa City Housing Code and are hereby brought to your attention for correction: Unit : 223 Bathroom 1 - 19-A-5 : Mildew is present on wall/ceiling surfaces. Bedroom 1 - 19-Q: Smoke alarm is inoperable. Bedroom 3 - 19-0: Smoke alarm is missing. Kitchen - 19-1 : All outlets servicing a counter must be GFCI protected. Any electrical outlet that is in need of replacement must be replaced with a tamper resistant receptacle. Exterior - 19-T : Remove volunteer trees and bushes from the foundation. Exterior - 19-C : Clean gutters. Exterior - 19-T : Trim tree branches away from contact with the building. Exterior - 19-V-3 : No owner or operator shall keep, store or maintain outdoors any indoor upholstered furniture, household furniture or household furnishing not manufactured for outdoor use. Exterior - 19-F : All exterior surfaces of a dwelling and its accessory structures, fences, porches and similar appurtenances which are subject to decay or deterioration shall be protected from the elements and against decay, or deterioration by properly primed and painted non -lead based paint or other approved protective coating. Garage and west side of house. Exterior - 19-V-1 : Pick up and properly dispose of all trash and debris. Dining Room - 19-Q: Smoke alarm is inoperable. Basement - 19-Q: Smoke alarm is inoperable. Stairs - 19-R : Handrail is in disrepair. Hallway - 19-Q: Smoke alarm is missing. Hallway - 19-A-5 : Ceiling is in disrepair. Hallway - 19-L: Unit lacks a required Carbon Monoxide detector. It should be located outside of the bedrooms. Attic - 19-Q : Smoke alarm is missing. REINSPECTION DATE: 11/19/2018 10:15 am INSPECTOR: - INSPECTION REPORT Date : 10/19/2018 BIG TEN PROPERTY MANAGEMENT LLC PO BOX 1490 IOWA CITY, IA 52244 CASE #: REN06074 LOCATION OF PROPERTY: 223 MELROSE CT CITY OF IOWA CITY The Department of Housing and Inspection Services inspected the property listed above on 10/18/2018. The following items are not in compliance with Title 17, Chapter 5; the Iowa City Housing Code and are hereby brought to your attention for correction: This reinspection will be carried out to determine code compliance. No tee will oe assessed for the initial reinspection and for one reinspection of exterior work that has been granted an extension to complete. A $60 fee will be assessed for each additional reinspection which must be scheduled. A $50 "no show" fee will be assessed for each reinspection at which the owner agent fails to appear in order to provide interior access. FAILURE TO CORRECT THE VIOLATION(S) WITHIN THE TIME SPECIFIED MAY RESULT IN ISSUANCE OF A CITATION AND FURTHER LEGAL ACTION BEING TAKEN. Should you wish to contest this order, Appeal Request forms can be obtained at the Housing Inspection office, 410 E. Washington Street. Any appeal must be received in the office of the City Clerk within ten (10) days of your receipt of this notice. Failure to request an appeal shall constitute a waiver of the right to a hearing and this notice shall become a final determination and order. When all applicable provisions of the Housing Code of the City of Iowa City have been complied with, the Department of Housing and Inspection Services will issue a Certificate of Structure compliance and/or Rental Permit. If seasonal weather or extraordinary circumstances prevent compliance, an extension of time may be requested in writing from your inspector. 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 341-4020 INSPECTION REPORT Date: 10/19/2018 BIG TEN PROPERTY MANAGEMENT LLC PO BOX 1490 IOWA CITY, IA 52244 CASE #: REN03269 LOCATION OF PROPERTY: 5 TRIANGLE PL CITY OF IOWA CITY The Department of Housing and Inspection Services inspected the property listed above on 10/18/2018. The following items are not in compliance with Title 17, Chapter 5; the Iowa City Housing Code and are hereby brought to your attention for correction: Unit : 5 Bathroom 1 - 19-A-5 : Flooring is in disrepair. Bedroom 1 - 19-Q: Smoke alarm is in disrepair. Bedroom 2 - 19-1 : Outlet has an unapproved extension cord in use. Kitchen - 19-Q : Fire extinguisher is out of date. Exterior - 19-A-2 : Front steps in disrepair. Exterior - 19-A-2 : Soffit is in disrepair on garage. Exterior - 19-F : Peeling paint on window and door trim. Front porch and latice too. Basement - 19-1 : Light is in disrepair. Basement - 19-N : Dryer venting improperly installed. Hallway - 19-L: Unit lacks a required Carbon Monoxide detector It should be located outside of the bedrooms. REINSPECTION DATE: 11/19/2018 10:00 am INSPECTOR: - This reinspection will be carried out to determine code compliance. No tee will be assessed for the initial reinspection and for one reinspection of exterior work that has been granted an extension to complete. A $60 fee will be assessed for each additional reinspection which must be scheduled. A$50 "no show" fee will be assessed for each reinspection at which the owner agent fails to appear in order to provide interior access. FAILURE TO CORRECT THE VIOLATION(S) WITHIN THE TIME SPECIFIED MAY RESULT IN ISSUANCE OF A CITATION AND FURTHER LEGAL ACTION BEING TAKEN. Should you wish to contest this order, Appeal Request forms can be obtained at the Housing Inspection office, 410 E. Washington Street. Any appeal must be received in the office of the City Clerk within ten (10) days of your receipt of this notice. Failure to request an appeal shall constitute a waiver of the right to a hearing and this notice shall become a final determination and order. When all applicable provisions of the Housing Code of the City of Iowa City have been complied with, the Department of Housing and Inspection Services will issue a Certificate of Structure compliance and/or Rental Permit. If seasonal weather or extraordinary circumstances prevent compliance, an extension of time may be requested in writing from your inspector. 410 EAST WASHINGTON STREET • IOWACITY, IOWA52240-1826 • (319)356-5000-FAX(319)341-4020 INSPECTION REPORT Date : 10/19/2018 BIG TEN PROPERTY MANAGEMENT LLC PO BOX 1490 IOWA CITY, IA 52244 CASE #: REN00939 LOCATION OF PROPERTY: 841 MAGGARD ST CITY OF IOWA CITY The Department of Housing and Inspection Services inspected the property listed above on 10/18/2018. The following items are not in compliance with Title 17, Chapter 5; the Iowa City Housing Code and are hereby brought to your attention for correction: Unit: REN00939 Exterior - 19-H : Screen is in disrepair. Exterior - 19-A-4 : Window pane is broken. Exterior - 19-F : Peeling paint on soffits/fascia. Exterior - 19-F : Peeling paint on window and door trim. Exterior - 19-C : Clean gutters. Unit : 841 Bedroom 1 - 19-Q : Smoke alarm is inoperable. Living Room - 19-Q: Smoke alarm is inoperable. Living Room - 19-L : Unit lacks a required Carbon Monoxide detector. It should be located outside of the bedrooms. Unit : 845 Bathroom 1 - 19-J : Faucet continues to drip when shut off. Bathroom 1 - 19-1 : Outlet is loose in the wall box. Bedroom 2 - 19-1 : Outlet is loose in the wall box. Hallway - 19-L: Unit lacks a required Carbon Monoxide detector. It should be located outside of the bedrooms. Basement - 19-Q : Smoke alarm is more than 10 years old. Basement Hallway - 19-L: Unit lacks a required Carbon Monoxide detector. It should be located outside of the bedrooms. Basement Bathroom - 19-1 : All bathroom outlets must be GFCI protected. Unit : Unit Unit - 19-A: Duplexes require perminate seperation. REINSPECTION DATE: 11/19/2018 11:00 am INSPECTOR: - INSPECTION REPORT Date : 10/19/2018 BIG TEN PROPERTY MANAGEMENT LLC PO BOX 1490 IOWA CITY, IA 52244 CASE #: REN00939 LOCATION OF PROPERTY: 841 MAGGARD ST CITY OF IOWA CITY The Department of Housing and Inspection Services inspected the property listed above on 10/18/2018. The following items are not in compliance with Title 17, Chapter 5; the Iowa City Housing Code and are hereby brought to your attention for correction: This reinspection will be carried out to determine code compliance. No tee will be assessed for the initial reinspection and Tor one reinspection of exterior work that has been granted an extension to complete. A $60 fee will be assessed for each additional reinspection which must be scheduled. A $50 "no show" fee will be assessed for each reinspection at which the owner agent fails to appear in order to provide interior access. FAILURE TO CORRECT THE VIOLATION(S) WITHIN THE TIME SPECIFIED MAY RESULT IN ISSUANCE OF A CITATION AND FURTHER LEGAL ACTION BEING TAKEN. Should you wish to contest this order, Appeal Request forms can be obtained at the Housing Inspection office, 410 E. Washington Street. Any appeal must be received in the office of the City Clerk within ten (10) days of your receipt of this notice. Failure to request an appeal shall constitute a waiver of the right to a hearing and this notice shall become a final determination and order. When all applicable provisions of the Housing Code of the City of Iowa City have been complied with, the Department of Housing and Inspection Services will issue a Certificate of Structure compliance and/or Rental Permit. If seasonal weather or extraordinary circumstances prevent compliance, an extension of time may be requested in writing from your inspector. 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 341-4020 Item Number: 6.b. i CITY OE IOWA CITY www.icgov.org May 21, 2019 ATTACHMENTS: Description Janet Ashman - Community Cats Megan Johnson - TNR and Community Cats Laurie Crawford - Trap, Neuter, Return Kellie Fruehling From: Ashman, Janet V <janet-ashman@uiowa.edu> Sent: Monday, May 06, 2019 5:34 PM To: Council Subject: Materials regarding Community Cats for the meeting tomorrow (T) 05/07/19 Attachments: CouncilLetter.071918.pdf, Redlined Iowa City Animal Ordinaces.070318.pdf 05105/19 Iowa City City Council 410 E. Washington St Iowa City, IA 52240 <council@iowa-city.org> Dear Council Members, Amy Holcomb, the new president of the Johnson County Humane Society asked me to resend the information about amending the Iowa City Animal Ordinances so as to favorably include Community Cats that I sent you on 07119/18. This concept is controversial. We have a collection of articles about Trap/Neuter/Return (TNR) and community cats (some are peer-reviewed) that speak to all sides of this issue at <htt www_johnsoncountyhumane orglTNR=arUcles.htmI>. You might be wondering who will oppose Trap/Neuter/Return in Iowa City. My best guess includes: • Birders and the Audubon Society who believe outside cats are the biggest threat to bird populations— actually, habitat and insect reduction is. This is not to claim that cats don't kill birds. But birders rarely talk about birds who kill other birds (e.g., raptors=owls, hawks, falcons, vultures) or birds who interfere with the nests of others (e.g., house wrens, bluejays, red-headed woodpeckers, crows, and ravens, etc.). • Those who believe that any feeding of outdoor cats draws unwanted wildlife (raccoons, possums, rats, mice, etc.,) and therefore needs to be banned—True if the food is provided round the clock, (or even just overnight) all sorts of nocturnal wildlife will be attracted. However, that's not how TNR is done. Outdoor cats are crepuscular rather than nocturnal (this means they are most active at dawn and dusk). Colony volunteer managers put food out at those times, step back, and wait around for their cats to eat. After about zo minutes, any remaining food is removed. In addition, we have taught businesses that are close to community cat colonies to make sure their Dumpster lids are properly closed and trash cans have lids secured by bungee straps. • People who are tired of finding cat feces in their sandboxes and gardens—many sandboxes are sold with lids. If not, a lid is easy to make. Cats are both predator and prey. Urine and other scent from cat predators can be spread in gardens to repel cats. • People who have been bothered by caterwauling—spay/neuter is an excellent response, see <http://www.johnsoncountvhumane.org soay_neuter.htmI>. • Veterinarians, some of whom have not/will not treat feral cats for varying reasons: -didn't learn how to handle them in vet school—shelter medicine was not taught in vet schools until 1999• -don't want their clinic ever smelling of tom cat—it is an unpleasant odor, but cat is not at fault because he wasn't neutered! -some believe that cats without an address are second-class citizens, not worth bothering with, especially since they don't get brought back to the clinic as often as "owned" cats do. This would be the veterinarian who charges for every cotton ball and Q-tip. • People who don't like the idea of money spent on "stray" cats when there is so much suffering in the world—TN R can't make a difference for all the cats in the world, but we can make all the difference in the world for some of them! Why shouldn't we try? It is after all, our money and energy. • People who don't believe TNR could possibly work—education might help. • People who believe animals are here for us to use—not if you believe that we are stewards for animals and the environment. This is a lifestyle decision. I don't see us changing their minds. • People who don't value the lives of animals—again, it's a lifestyle decision. • People who just don't like cats and would just as soon eradicate them by killing them. • People who find it easier to blame pet overpopulation on animal shelters and humane societies instead of taking responsibility for getting their own pets spay/neutered and keeping them inside—education might help. Thank you again for your time and consideration. Sincerely, Janet Ashman 903 Fifth Ave Iowa City, IA 52240 Johnson County Humane Society, Past President <jchst7a johnsoncountyhumane.org> <www.johnsoncountyhumane.org> 0]/19%18 Iowa City City Council 410 E. Washington St Iowa City, IA 52240 <council@a Iowa-city.org> Dear Council Members, As a member of the Johnson County Humane Society (JCHS) and the Iowa City Cat Coalition, I am writing to encourage you to amend the Iowa City Animal Ordinances so as to • exempt Community Cats from our leash law, • allow the implementation of a Trap/Neuter/Return (TNR) program, and • permit trained volunteer Colony Managers to feed and manage Community Cats in the Iowa City area. What Are Community Cats? Community Cats are unowned felines who live happy and healthy lives outdoors. Most are feral (never been touched by humans). They are the same species as companion animal (pet) cats. But since most of them are unsocialized and wary of humans, they are rarely able to be adopted and live indoors. Community Cats are very attached to their outdoor homes and to the other cats in their colonies. They take comfort in knowing which paths to walk, the coziest places to sleep, and where they can fill their bellies. These ferals along with roaming unaltered tame strays keep producing litters of kittens who have no hope of getting homes. The cats congregate in colonies that keep growing. What Is Trap/Neuter/Return? Through TNR, Community Cats are humanely trapped, transported to a veterinarian to be sterilized, vaccinated for Rabies, eartipped for identification, and after recovery, are returned to their original outdoor location, where supervised, long-term care is ensured by dedicated volunteers. Kittens and cats who are friendly or can be socialized are placed into a fostercare and adoption program to find permanent homes. TNR is a community-based program that benefits the cats and residents of Iowa City. • TN R stabilizes community cat populations by stopping the breeding cycle. • TNR benefits public health by reducing the number of Community Cats and improves cat lives and by relieving them of the constant stresses of mating and pregnancy and vaccinating them against Rabies. • TNR stops disruptive mating behaviors—like yowling, spraying, roaming, and fighting—so cats and people can coexist peacefully. • Lastly, TN R saves taxpayer money by reducing shelter intake, shelter euthanasia, and calls of concern to animal control. Why Not Just Trap and Relocate the Cats? Relocation rips Colony Cats from their homes and places them somewhere unfamiliar, leaving them stressed, disoriented, and having to literally fight their way into the closest colony. When that fails, cats wander off to establish another colony or return to their original homes, making relocation pointless. Why Not Trap and Kill Them? Most people find trap and kill offensive, and it is less effective and more costly than TNR. Complete eradication fails and in most cases is counterproductive because it causes the "vacuum effect." This is a well-documented phenomenon in which cats from neighboring areas move into the empty space to take advantage of resources (food and shelter) and breed back to capacity. Biologist Roger Tabor explains that removing all the cats at one time allows for other cats living on the periphery to quickly claim and fill in the vacant space. However, "if a colony is neutered and returned to its area it will continue to hold the location and keep other cats out by its presence." Additionally, in numerous cases when feral cats are removed from an area, the rodent populations explode, causing further problems. The Best Response to Overpopulation Is to Turn Off the Faucet! Nationally, nearly 70 percent (70%) of all cats who enter animal shelters are killed there. For Community Cats that number rises to virtually loo percent (loo%). According to the 2017 Annual Iowa City Police Department Report, the Iowa City Animal Care and Adoption Center (ICAC) does a much better job. About zo percent (20%) of all cats who entered ICAC were euthanized. The majority of those cats were feral Community Cats who are usually found to be unadoptable. This is devastating for the cats and for the people working every day to help them. But change is underway in many communities. More animal control agencies and shelters have begun to embrace humane changes that decrease intake numbers, decrease euthanasia rates, and increase live releases. TNR is humane for the animals and fosters compassion within the community. We propose an update to the Iowa City Animal ordinances, similar to what many other cities and municipalities have adopted with regard to Community Cats, and the implementation of a TNR program to deal with the growing number of Community Cat colonies in the Iowa City area. Currently, the Iowa City "leash law" (8-4-6: Prohibitions and Requirements: D. 1) prevents citizens from legally feeding or managing these "unowned" Community Cats (although we know many do it anyway). A redlined example of the changes we propose is attached (Appendix A) with this letter. Why TNR in Iowa City? TNR has been in practice for decades in the United States after being proven in Europe. Communities benefit from TN R because it reduces and stabilizes Community Cat populations, saves tax -payer dollars, helps shelters focus on adoptions, and provides a humane and collaborative way to address concerns and coexist with cats. The number of cities embracing TNR continue to rise as more communities realize the outdated approach of catching and killing cats is cruel and ineffective. Hundreds of communities have adopted an official TNR ordinance or policy, and thousands more conduct grassroots, volunteer -led programs. Vinton is one city in Iowa that recently adopted TN R for their Community Cat issues <http://www.kcrg.com/content/news/Eastern- I owa-town-starts-program-toso Ive-cat-problem-483405671.htm I>. It is time for the cats and residents of Iowa City to recognize and experience the many benefits of TNR firsthand. Our TNR Program Will Cost the City Nothing People have been asking the Johnson County Humane Society for help with outdoor cat colonies (and individual stray cats) for years. Some of us (individuals and organizations) have been TNRing these cats at our own expense. TNR is the only humane and effective approach that will put a stop to cat colony expansion and in time will result in a drop in the number of colony cats. We already have a TNR nest egg and will continue to raise money through grants and private donations. Stakeholders The Iowa City Cat Coalition comprises residents of Iowa City, Coralville, and rural Johnson County who have come together to improve the livability of our neighborhoods and the lives of Community Cats in the area. Coalition members have many years of experience in animal welfare and with TNR projects throughout Eastern Iowa. We strongly believe that amending the City Code to allow for a well-managed TNR program will greatly benefit both the citizens and the Community Cats of Iowa City. We are very interested and willing to discuss these issues with you at your convenience. Thank you for your time and consideration. Sincerely, Janet Ashman 903 Fifth Ave Iowa City, IA 52240 Johnson County Humane Society, President (Inc 1974) <jchs@a johnsoncountyhumane.org> <www.johnsoncountyhumane.org> Iowa City Cat Coalition Members • Janet Ashman • Calista Hospodarsky • George Hospodarsky • Holly Hotchkiss • Christina Penn-Goetch Organization Cosigners • Johnson County Humane Society—Janet Ashman • Iowa Humane Alliance—Stacy Dykema JCHS/Iva-071918 Appendix A Chapter 4—ANIMAL CONTROL 8-4-1: DEFINITIONS: As used in this chapter, the following definitions shall apply: ANIMAL: Any living creature, domestic or wild, except a human being. ANIMAL ACTS OR EXHIBITIONS: Any display containing one or more live animals which are exposed to public view for entertainment, instruction, or advertisement. BOARDING KENNEL: Any commercial place or establishment, other than the city animal shelter, where dogs or cats or other animals not owned by the proprietor, owner, or person in possession of the premises are sheltered, fed, watered and generally cared for in return for consideration of a fee. BREEDER: Any person who causes the breeding of a male or female dog or cat, or makes or allows a dog or cat to be available for breeding, or a person who offers to sell a puppy or kitten that is a direct offspring of their adult dog or cat. All breeders must possess a valid permit issued by the division of animal control or its successor. CAT KENNEL: Any lot, building, structure, enclosure or premises where five (5) or more cats over the age of four (4) months are kept or maintained. This definition shall not apply to community cats CIRCUS: An event or performance which charges members of the public an admission fee to watch trained lions, tigers, elephants, or other animals perform under the whip or command of a ringmaster, trainer, or handler. CITY POUND: Any public animal shelter or pound established or maintained by the city which may include any private or charitable organization or facility leased by the city or with whom the city has a contractual agreement for impoundment services. COMMERCIAL KENNEL: A place or establishment where the owner or employees perform grooming or training services for dogs or cats in return for a consideration or fee. COMMUNITY CAT. A free -roaming cat who may be cared for by one or more residents of the immediate area who isiare known or unknown; a community cat may or may not be feral COMMUNITY CAT MANAGERICAREGIVER• A person who, in accordance with and pursuant to a policy of Trap -Neuter -Return, provides care, including, food, shelter or medical care to a community cat, while not being considered the owner, keeper, harborer or controller of a community cat DEFILEMENT: To foul, dirty, pollute or make filthy, either by the animal's body or wastes or by the animal carrying or dragging any foul material. DOG KENNEL: Any lot, building, structure, enclosure, or premises where four (4) or more dogs over the age of four (4) months are kept or maintained. DOG OR CAT SHOW: Any place where dogs or cats are being exhibited andjor judged. EARTIPPING: The removal of the A inch tip of a community cat's left ear, performed while the cat is under anesthesia, in compliance with any applicable federal or state law, and under the supervision of a licensed veterinarian, designed to identify the community cat as being sterilized and lawfully vaccinated for rabies FENCE: A physical barrier intended to prevent escape or intrusion, entry or exit, made of posts and wire, boards, stone, brick, or similar material. Invisible fencing systems using underground wire or electronic collar devices are not considered fencing for the purposes of this chapter. GUARD/ATTACK DOG: A dog trained to attack persons upon the command of its master or custodian or upon the actions of an individual. LEASH: A rope, line, thong, chain or other similar restraint, not more than ten feet (1o') in length, of sufficient strength to hold the animal in check. LIVESTOCK: An animal belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas, emus; farm deer, as defined in section 481A.1, code of Iowa, as amended; or poultry. MICROCHIP: An encapsulated biocompatible computer chip, programmed with a unique identification number, injected under the skin of an animal to provide permanent identification. MOLEST: Includes not only biting and scratching a human or other animal, but also any annoyance, interference with or meddling with any such human or animal. MOTION PICTURE, TELEVISION, OR THEATRICAL PERFORMANCE: Any place or performance where one or more animals are used in the production of any motion picture, television, radio or theatrical performance, whether for entertainment, instruction, or advertising. OWNER: In addition to its ordinary meaning, includes any person who owns, keeps or harbors an animal. PET SHOP: Any place of business or other commercial establishment where animals are bought, sold, exchanged, or offered for sale. PIGEON OR DOVE LOFT: Any cage, loft, or enclosure where five (5) or more pigeons or doves are kept or maintained. PRIVATE PROPERTY: All buildings and other property owned by a private person, including buildings, yards and service and parking areas. PROHIBITED ANIMALS: The following genus/species of animals are hereby declared to be prohibited: A. Canidae within the order Carnivora (e.g., wolves, wolf -dog hybrids which are at least 50 percent wolf, coyotes, coyote -dog hybrids which are at least 50 percent coyote, foxes, jackals), but excluding Canis familiaris, the domestic dog. B. Felidae within the order Carnivora (e.g., lions, tigers, jaguars, leopards, cougars, lynx, ocelots, bobcats, jungle cats), but excluding Felis domestica, the domestic cat. C. Procyonidae within the order Carnivora (e.g., coatis, pandas, raccoons, procynonids). D. Ursidae of the order Carnivora (e.g., black bears, brown bears, grizzly bears, polar bears). E. Chiroptera (e.g., bats). F. Cetacea (e.g., whales, dolphins, porpoises). G. Pinnipedia (e.g., seals, sea lions, walrus). H. Sirenia (e.g., sea cows, manatees). I. Primates, including all families (e.g., Cebidae, Cercopithecidae, Callithricedae, Lemuridae, Lorisidae, Tarsiidae, Colobinae, Hylobatidae, Pongidae; [e.g., monkeys, baboons, marmosets, tamarins, capuchin, chimpanzees, orangutan, gorillas, apes]). J. Formicidae within the order Hymenoptera (e.g., fire ants). K. Apidae; specifically Africanized strains of the Apis Mellifera honey bee. L. Proboscidea, Hyracoidea, Tubulidentata (e.g., elephants, hyraxes, aardvarks). M. Edentata, Pholidota (e.g., anteaters, sloths, armadillos). N. Marsupialia (e.g., kangaroos, wallabies, koala), except for sugar gliders. O. Crocodylidae of the order Squamata (e.g., crocodiles, alligators, caimans, gavials). P. Helodermatidae of the order Squamata (e.g., gila monsters, beeded lizards). Q. Lizards of the species komodoensis, salvadorii, salvator, niloticus, albigularis, and indicus. R. Crotalidae, Viperidae, Elapidae, Opisthoglyphous Colubridae, and all other orders which include poisonous or venomous reptiles (e.g., rattlesnakes, vipers, corals, copperheads, cottonmouths, moccasins, sea snakes, puff adders, malagasy hognoses). S. Eunectes of the order Squamata (e.g., green anaconda). T. Python sebae, Python reticulatus, Python molorus, Morelia amethystina of the order Squamata. U. Venomous spiders of the families Teridiiae and Loxoscelidae respectively, and scorpions of the order Scorpiones, excluding Pandinus imperator (emperor scorpion). V. All wild animals indigenous to the state of Iowa, as defined in chapter 481A, code of Iowa, as amended. PUBLIC PROPERTY: Buildings, right of way or other public property owned or dedicated to the use of the city and other governmental entities. RESTRICTED ANIMALS: The following genus/species of animals are hereby declared to be restricted: A. Ferrets. B. Iguana, lizards of the order of Chamaeleontidae, and lizards of the genus Varanus, but excluding the species komodoensis, salvadorii, salvator, niloticus, albigularis, and indicus. C. Vietnamese potbellied pigs (also subject to zoning requirements). D. Ostriches, emus, rheas, and peafowls (also subject to zoning requirements). E. Artiodactyla and Camelidae, including camels, alpacas, llamas, and vicuna (also subject to zoning requirements). F. Sugar gliders. G. Other small livestock type animals (also subject to zoning requirements). RODEO: A contest, exhibition or competition which charges members of the public an admission fee to watch the skill of contestants or entrants in horseridership where lassoing is performed involving cattle, horses, bulls, goats, pigs, and wild bovine and/or where contestants ride wild bulls or wild horses for public entertainment. TRAP -NEUTER -RETURN: The process of humanely trapping, sterilizing, vaccinating for rabies, eartipping, and returning, community cats to their original location VETERINARIAN: A person duly licensed by the state of Iowa to practice veterinary medicine. VETERINARY HOSPITAL: An establishment regularly maintained and operated by a veterinarian for the diagnosis and treatment of diseases and injuries to animals and which may board animals. (Ord. 97-3793,7-15-1997; amd. Ord. 99-3902, 9-28-1999) 8-4-2: ADMINISTRATION AND ENFORCEMENT: A. Enforcement: It shall be the duty of the director of the animal control facility ("director"), together with animal control personnel, to enforce the provisions of this chapter and animal related regulations of the code of Iowa, as amended, and to impound any animal found running at large as defined herein or neglected as provided in section 8-3-3 of this title. The animal control personnel shall provide adequate and wholesome food for animals impounded, shall provide careful and humane treatment toward such animals and shall also provide for the disposition of animals in a manner deemed appropriate by the city. B. Administration Of Provisions: The personnel of the division of animal control of the city or its successor are designated as the official agents of the city for the purpose of issuing animal licenses and permits, and collecting fees pursuant to this chapter. (Ord. 97-3793,7-15-1997) C. Contracting For Service: As provided by law, the city may enter into a lease or contract with some regularly incorporated society organized for the express purpose of prevention of cruelty to animals for the use of its facilities for the restraining and impounding of animals consistent with good practices of proper care for animals. (1978 Code §7-zz; amd. 1994 Code; Ord. 97- 3793,7-15-1997) D. Interference With Animal Control Personnel: No person shall wilfully [willfully assumed] interfere with, molest or injure any animal control personnel or seek to release any animal properly in the custody of such personnel. (1978 Code §7-z4; amd. 1994 Code) 8-4-3: LICENSING AND VACCINATION REQUIREMENTS: A. Fees: All fees required herein shall be set by resolution of the city council. (1994 Code) B. Which Animals Require License: Every owner of a dog or cat over the age of four (4) months shall procure a city animal license each calendar year or within thirty (3o) days of the animal being brought into the city. This section shall not apply to community cats. C. Certification Of Vaccination; Payment Of License Fee; Issuance Of License: 1. At the time of making application for a city license, the owner shall furnish to the city a veterinarian's certificate showing that the dog or cat for which the license is sought has been vaccinated against rabies virus and that such vaccination will not expire within six (6) months from the date the license is issued. In order to take advantage of the lower rate for neutered animals, the owner shall, at the time application is made for an animal license, present a certificate of neutering signed by a veterinarian containing a description of the animal, its call name and date of neutering, if known. Such certificate may be used in subsequent license applications. (Ord. 97-3793, 7-15-1997) i. Upon payment of the license fee, the city shall issue to the owner a license which shall contain the name of the owner, the owner's place of residence and a description of the animal. The city shall keep a duplicate of each license issued as a public record. If the animal to be licensed is a guard/attack dog, the owner shall include such fact on the license application. D. Animals Too Young For Licensing: The owner of an animal which is no longer with its dam, but which is too young to be licensed, shall be issued a temporary city animal ID tag upon application to the city and payment of the regular fee. Such temporary tag shall automatically expire five (5) months from the date of birth of the animal. E. License Tag: 1. Upon issuance of the license, the city shall deliver or mail to the owner a license tag stamped with the following: a. Year in which issued. b. Name of issuing city. c. Number of the license. i. This tag shall be a permanent tag for the life of the animal. (1994 Code) 3. Every animal shall wear the tag provided whenever such animal is off the property of its owner or not within a motor vehicle. Any method may be used to attach the tag to the animal, such as a collar or other suitable device. (1978 Code §7-59; amd. Ord. 97-3793,7-15-1997) 4. It is unlawful for any person who is not the owner or the agent of such owner or an employee of the city or its agent acting in an official capacity to remove a license tag from an animal prior to the expiration of the license. (1978 Code §7-6i; amd. 1994 Code) 5. Upon the filing of an affidavit that the license has been lost or destroyed, the owner may obtain another tag upon payment of a replacement fee. (1978 Code §7-61; amd. 1994 Code; Ord. 97-3793, 7-15-1997) F. Delinquent Fees: Delinquent license fees, as determined by the city council, shall be assessed in addition to the annual license fee except in those cases where, by reason of residence outside the corporate limits, age or ownership, the dog, cat, ferret or exotic animal was not subject to licensing. In those cases in which an animal becomes subject to the terms of this section during any license year, the license fee shall become due and payable within thirty (30) days after the date that such animal becomes subject to the terms of this chapter. After thirty (30) days, the owner shall pay the delinquent license fee provided by city council resolution, in addition to the annual license fee. G. Expiration Date: All licenses expire one year from the date of issuance except in cases where licenses are issued consecutively for two (i) or three (3) years. In those cases, licenses will expire two (i) or three (3) years from the date of issuance. (1994 Code) H. Change Of Ownership; Transfer Of License: When the permanent ownership of an animal is transferred, the new owner shall, within thirty (30) calendar days from the date of change of ownership, make application for a new license as provided in this section regardless of whether or not the animal was previously licensed. (1978 Code §7-60; amd. 1994 Code) I. Exceptions: The licensing provisions of this chapter shall not be applied to animals whose owners are nonresidents temporarily within the city or animals brought into the city for the purpose of participating in any animal show. Owners of animals which are trained to assist them with their disabilities shall not be charged a fee to license said animals, although said animals are still otherwise subject to the licensing provisions of this chapter. (Ord. 97-3793, 7-15-1997) 8-4-4: RABIES AND DISEASE CONTROL A. Isolation And Quarantine Of Suspect Animals: 1. It shall be the duty of the city animal control personnel authorized to impound animals in the city to cause to be placed in isolation and under quarantine for observation for a minimum period of ten (10) calendar days any such animal suspected of being infected with rabies or other diseases communicable to humans and also any animal that has bitten or caused a skin abrasion upon any human in the city. (1978 Code §7-47; amd. 1994 Code; Ord. 97-3793,7-15-1997) z. Such isolation and quarantine shall be either at the city pound authorized by the city or in a veterinary hospital, except if such animal is properly licensed and is currently vaccinated against rabies, the animal may be placed in the custody of the owner on the owner's premises during the isolation and quarantine period if the owner resides in the city. When isolation and quarantine is authorized on the owner's premises, it will be at the discretion of and under the direct supervision of the city. 3. The expense of isolation and quarantine at a veterinary hospital will be borne by the owner. If the animal is placed in isolation and under quarantine in an animal shelter authorized by the city, a fee shall be charged to the owner. Every owner or person having possession, custody or control of an animal known to be rabid or which has been bitten by an animal infected with rabies shall immediately report such fact to the city and shall have such animal placed in isolation and quarantine as directed by the city for such period as may be designated and at the expense of the owner. (1978 Code §7-47; amd. 1994 Code) B. Reports Required: 1. Physicians: It shall be the duty of every physician or other medical practitioner in the city to make written report to the city of the names and addresses of persons treated for bites inflicted by animals, together with such other information as will assist in the prevention of rabies. i. Veterinarians: It shall be the duty of every veterinarian in the city to report to the city any diagnosis of animal rabies 3. Owners: It shall be the duty of the owner of any animal or any person having knowledge of such animal biting or causing a skin abrasion upon any human in the city to promptly report such fact to the city. (1978 Code §7-48; amd. 1994 Code) C. Emergency Proclamation: Whenever it becomes necessary to safeguard the public from the dangers of rabies, the city council may issue a proclamation ordering every owner of an animal to confine the same securely on the owner's premises at all times for such period of time as is deemed necessary. (1978 Code §7-49; amd. Ord. 97-3793, 7-15-1997) 8-4-5: NUISANCES: The following acts and circumstances are hereby declared to be public nuisances: A. Accumulation Of Wastes: The keeping of an animal on private property in such number or in such manner that allows for the accumulation of animal waste so as to become detrimental to the public health and/or the animal's health. (1978 Code §7-19; amd. 1994 Code; Ord. 97-3793,7-15-1997) B. Noisy Animals: No person shall cause or allow any animal under their care, charge, custody, or control to emit any noise which annoys, disturbs, offends, or unreasonably interferes with the comfortable enjoyment of life or property of the neighborhood or general public. The provisions of this subsection shall not apply to a commercial establishment which is permitted pursuant to the zoning code. (Ord. 97-3793, 7-15-1997) C. Animals Damaging Property: Allowing an animal to cause any damage or defilement to public or private property. D. Harassment By Animals: Allowing an animal to molest any human or animal on public or private property when the human or animal is lawfully on the property. E. Animals Injuring Or Killing Other Animals: Allowing an animal to molest or kill wildlife, birds, animals or domestic animals on public or private property. (1978 Code §7-19; amd.1994 Code; Ord. 97-3793, 7-15-1997) 8-4-6: PROHIBITIONS AND REQUIREMENTS: A. Prohibited Animals: No person shall keep or maintain an animal declared to be prohibited under this chapter. Notwithstanding this provision: 1. Indigenous wildlife rehabilitators who possess required United States fish and wildlife, or its successor, permits, required Iowa state department of national resources, or its successor, permits, and a valid permit issued by the division of animal control of the city, or its successor, may maintain prohibited wildlife for rehabilitation purposes. 2. A prohibited animal which is properly and appropriately restrained may be transported to a veterinarian for emergency medical care or treatment and may remain within the confines of the veterinary clinic or hospital as long as the animal is receiving medical treatment. (Ord. 97-3793, 7-15-1997) 3. A prohibited animal which is part of a circus that has a valid permit under this chapter. (Ord. 99-3902, 9-28-1999) B. Restricted Animals: No person shall keep or maintain an animal declared to be a restricted animal under this chapter without a valid permit issued by the division of animal control of the city or its successor. C. Pigeon And Dove Lofts: Pigeon lofts and dove lofts are prohibited within the city. Notwithstanding this provision, any person who owns or operates a pigeon and/or dove loft within the city prior to July 1, 1997, may continue to operate such pigeon and/or dove loft subject to the following restrictions: 1. As of July 1, 1997, pigeon and dove lofts shall not house more than forty (40) pigeons and/or doves at any one time. 2. As of July 1, 2000, pigeon and dove lofts shall not house more than thirty (30) pigeons and/or doves at any one time. 3. The exemption for persons who own or operate pigeon and dove lofts within the city as of July 1, 1997, shall not be transferable to another person or another property. D. Animals At Large Prohibited: 1. No animal shall be found at large within the city at any time. This section shall not apply to community cats. A properly licensed animal shall not be deemed at large if: (Ord. 97-3793, 7-15-1997) a. It is tethered or on the enclosed fenced premises of the owner; or (Ord. 99-3902, 9-28-1999) b. It is tethered or on the enclosed premises of another person with the knowledge and consent of that person; or c. It is under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle or enclosed within a structure; or (Ord. 97-3793, 7-15-1997) d. It is a dog in a city dog park that has been issued a use permit. (Ord. 12-4504,12-4-2012) 2. Notwithstanding the provisions of this subsection, any animal shall be deemed at large at any time when the animal is attacking humans, other animals, or destroying property or is on any public property, except when under restraint as set forth above. In addition, any female animal in estrus shall be deemed at large at any time, except: a. When housed in a building completely enclosed; or b. When housed in a veterinary hospital or boarding kennel licensed or registered with the state; or c. When on the premises of the owner, provided the area in which such animal is located is completely enclosed by a fence or other structure having a height of at least sixty inches (6o"); or d. When under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle. E. On Private Property: No animal shall be taken, allowed or permitted on private property not owned by the owner of the animal without the permission of the person owning such property or the person in possession or control thereof. (Ord. 97- 3793, 7-15-1997) F. In Food Establishments: No animal shall be allowed, taken or permitted on or in any building, store, restaurant, tavern, sidewalk cafe, or outdoor service area where food or food products are sold, prepared or dispensed to humans other than the owners thereof, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. (Ord. 12-4504,12-4-2012) G. Tying Animals: No animal or livestock shall be tied by any person to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, newspaper or advertising rack or other object on public property or tied on private property without the consent of the owner or person in possession or control thereof or tied in such a manner as to intrude onto a public sidewalk or street or inhibit legal entry onto property, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. H. Solid Waste Removal Any person who shall walk an animal on public or private property shall provide for the disposal of the solid waste material excreted by the animal by immediate removal of the waste, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. I. Warning Notice: Pet shops displaying, selling, or transferring turtles, tortoises or iguanas must display in public view a notice of warning regarding the transmission of salmonella. (Ord. 97-3793, 7-15-1997) 8-4-7: VICIOUS ANIMALS: A. Keeping Prohibited: It shall be unlawful for any person to harbor or keep a vicious animal within the city. An animal is deemed to be vicious when it shall have attacked, bitten, molested or caused injury to a human or other animal or when propensity to attack or bite humans or animals has been shown to exist through repeated attacks or attempted attacks and where such propensity is known to the owner or ought reasonably be known to the owner thereof. This subsection shall not apply to guard and/or attack dogs, providing adequate safeguards are established to protect those humans legally on the premises, and the dog is registered as a guard/attack dog with the city. B. Public Hearing On Disposition: 1. If any animal is accused of being vicious, whether at large or restrained on private property, the city manager or designee may set a public hearing on the disposition of such animal. Pending such public hearing, the animal shall be impounded in the city shelter, or in lieu of impound, the director may permit the dog or other animal to be confined, at the owner's or custodian's expense, in a department approved dog kennel or veterinary facility within the city or at the owner's or custodian's residence, provided the owner or custodian: a. Shall not remove the dog or other animal from the kennel, veterinary facility or residence without the prior written approval of the director or authorized representative; and b. Shall make the dog or other animal available for observation and inspection by animal control personnel or members of law enforcement or their authorized representatives. 2. The director or designee may have a dog or other animal impounded or confined and permanently identified by means of photo identification prior to release from impound or confinement. 3. Should the animal be held at a veterinary hospital, release of said animal without written authorization of the city manager or designee is prohibited. 4. The hearing shall be public with opportunity for both sides to appear after at least ten (10) calendar days' written notice of said hearing. C. Terms, Conditions And Restrictions: If, at the hearing, the city manager or designee determines that the allegations are true, the city manager or designee may require reasonable terms and conditions or restrictions for the training, handling or maintenance of the animal to abate the condition which gave rise to the hearing. A license or permit may be revoked if the owner refuses to accept, in writing, any term, condition or restriction, or fails to attend the hearing. Terms, conditions or restrictions may include, but are not limited to: 1. Selection of locations within the owner's property or premises where the animal shall not be kept. i. Requirements as to size, construction or design of an enclosure where the animal may be kept. 3. Specialized training from a trainer or training program approved by the director to correct any of the animal's behavioral problems. 4. Surgical spay or neuter of the animal. 5. Removal of one or more animals to another location or outside of the city. 6. Types and method of restraint, or muzzling, or both. 7. Photo identification or permanent marking or both for purposes of identification. D. Grounds For Destruction: If the city manager or designee determines: 1) that the animal is a vicious animal; i) that the owner has failed to restrain such animal reasonably; and 3) that it is in the public interest to destroy such animal, the animal shall be destroyed in a manner deemed appropriate to the city after five (5) calendar days unless the determination is appealed to a court of competent jurisdiction. (1978 Code §7-i1; amd.1994 Code) 8-4-8: IMPOUNDMENT AND REDEMPTION OF ANIMALS: A. Pound Established: Any public or city pound or shelter established and maintained by the city shall be conducted and operated by animal control personnel, under the supervision, direction and control of the city manager or designee. (1978 Code §7-zz; amd. 1994 Code) B. Authority To Impound: Any animal found in violation of the provisions of this chapter may be impounded by the city in the pound or shelter. (1978 Code §7-3z; amd. 1994 Code; Ord. 97-3793, 7-15-1997) An eartipped cat received by the city pound or shelter will be returned to the location where trapped unless veterinary care is required A trapped eartipped cat will be released on site unless veterinary care is required C. Notice Of Impoundment: Not later than two (z) calendar days after the impoundment of any animal, the owner, if known, shall be notified, of such impoundment. (Ord. 97-3793, 7-15-1997) D. Redemption Of Impounded Animals: 1. Proof Of Licensure And Vaccination; Payment Of Impoundment Costs: The owner of any animal impounded pursuant to this chapter may reclaim such animal upon proof of current license and rabies inoculation, payment of the redemption fee and payment of all costs and charges incurred by the city or the agency authorized by the city to impound such animal, including costs of maintenance of said animal. (1978 Code §7-35; amd. 1994 Code; Ord. 97-3793, 7-15-1997) Community cat managersf caregivers are empowered to reclaim impounded community cats without proof of ownership solely for the purpose of the implementation of the process of Trap -Neuter -Return as more particularly provided in Section 8-4-13. z. Unlicensed, Unvaccinated Animals: If an animal four (4) months of age or older and unlicensed is impounded, the person to whom the animal is released shall first purchase a license for such animal and may be required to first show proof of current rabies vaccination or obtain a rabies vaccination receipt in order to obtain the release of the animal. (1978 Code §7-37; amd. 1994 Code) 3. Microchip Requirement: All dogs and cats over the age of four (4) months impounded by the shelter which do not have traceable identification will have a microchip identification implanted permanently into the animal prior to redemption. (Ord. 99-3902, 9-28-1999) E. Disposition Of Unclaimed Animals: It shall be the duty of the animal control personnel to keep all animals impounded pursuant to this chapter for a period of ten (10) calendar days after the owner has been notified, in writing, of possible disposition, which notice shall be given to the animal owner by personal delivery or by certified mail. After such time period has expired and if the owner thereof has failed to claim and redeem any such impounded animal, such animal may be adopted, transferred to any state institution pursuant to the code of Iowa, as amended, or killed and disposed of in a manner deemed appropriate by the city. (1978 Code §7-38; amd.1994 Code) F. Confinement Of Rabies Suspects. Any animal which appears to be suffering from rabies when impounded shall be confined in the city pound or a veterinary hospital for a period of not less than ten (10) calendar days, and such animal, or its carcass if it dies, shall be subject to such reasonable veterinary or pathological tests as the city determines, which tests shall be conducted at the expense of the owner. (1978 Code §7-39; amd.1994 Code; Ord. 97-3793, 7-15-1997) G. Registry Kept: 1. The city personnel or veterinarian authorized to impound animals, upon receiving any animal pursuant to this chapter, shall make a complete registration for such animal, entering the date, species, breed, color and sex of such animal and any tattoo number and whether licensed. If such animal is licensed, the impounding authority or personnel shall enter the name and address of the owner and the number of the license tag and microchip. (Ord. 99-3902, 9-28-1999) 2. The registry of impounded animals shall be available for public inspection during reasonable hours by the owners of animals not wearing a required tag when impounded. (1978 Code §7-33; amd.1994 Code; Ord. 97-3793, 7-15-1997) 8-4-9: FEES: The following animal fees shall be set by resolution of the city council: permits, delinquent permit fees, licenses, delinquent license fees, boarding of impounded animals, owner reclamation of impounded animals, adoption of impounded animals, and for acceptance of animals voluntarily surrendered for adoption or disposal. (Ord. 97-3793, 7-15-1997) 8-4-10: RELEASING OR MOLESTING ANIMALS: No person, except the owner of an animal or authorized agent, shall wilfully open any door or gate on any private or public premises for the purpose of enticing or enabling any such animal to leave such private or public premises, nor shall any person wilfully molest, tease, provoke or mistreat an animal. (1978 Code §7-23; amd. 1994 Code) 8-4-11: RESPONSIBILITY OF OWNERS: The owner of an animal shall be responsible for obtaining licenses, permits, and vaccinations, and for the care and control of any such animal as defined in section 8-4-5 of this chapter. The owner shall be prima facie responsible for any violation of section 8-4-6 of this chapter by any animal owned by said owner. (Ord. 97-3793, 7-15-1997) 8-4-12: PERMIT REQUIRED: A. Generally: No person shall, keep, maintain, conduct or operate within the city any animal act or exhibition which charges a fee for admission, cat or dog kennel, cat or dog show, pet shop, restricted animal, boarding kennel, commercial kennel, motion picture, television or theatrical performance where an animal is used, circus, rodeo, or breed animals without first obtaining a permit therefor (therefore assumeg, from the division of animal control of the city or its successor. Prior approval from housing or zoning departments or their successors may also be necessary. B. Form; Term; Display: 1. Each application for a permit hereunder shall be in writing upon a form to be furnished by the division of animal control or its successor. 2. All permits issued by the division of animal control or its successor shall automatically expire one year from the date of issue, unless revoked or suspended. 3. Within thirty (3o) days after the expiration of any permit, the permittee shall apply for and secure a renewal of the permit in the manner provided for in this chapter. Failure to renew a permit within the time herein provided shall result in a delinquent fee, in addition to the regular permit fee, as set by the city council. All applicants shall be furnished with permit rules and regulations at the time the application is made. Permit rules and regulations shall be approved by resolution of the city council 4. All permits issued to commercial kennels, pet shops, boarding kennels, circuses, and rodeos shall be kept posted in a conspicuous place. C. Inspections; Issuance: Upon the filing of an application for a permit or renewal thereof, the division of animal control or its successor may make such investigation and inspection of the animal, and the premises where the animal will be kept, as it deems proper within the law. The division of animal control or its successor shall then issue a permit to an applicant unless it finds: 1. The keeping of the animal at the place set forth in the application and the conduct or operation of the business for which the permit is requested will violate any law or ordinance of this city, or any law of the state; or z. The keeping of the animal at the place set forth in the application and the conduct or operation of the business for which the permit is requested will constitute a danger to the health, peace or safety of the community; or 3. The applicant has failed to provide any animal in his or her possession, care, or control with adequate food, drink, shelter, or protection; or 4. The premises and establishment where the animal is to be kept is not maintained in a clean and sanitary condition; or 5. The applicant has failed to protect any animal in his or her possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or 6. The applicant has had a permit revoked within one year prior to the date of the application; or 7. The applicant has been convicted of any offense involving the violation of chapter 717A or 71713, code of Iowa, as amended, section 8-3-3 of this title, or any provision of this chapter. D. Revocation Or Suspension: Any permit issued under this chapter may be revoked or suspended if, after due investigation and after the permittee has been given the opportunity to give a written or oral statement and present evidence, the division of animal control and/or the animal control advisory board or their successors finds: 1. The keeping of the animal at the place set forth in the application and the conduct or operation of the business for which the permit was issued violates any law or ordinance of the city, or any law of the state; or z. The keeping of the animal at the place set forth in the application and the conduct or operation of the business for which the permit is requested will constitute a danger to the health, peace or safety of the community; or 3. The permittee, his or her agent, or employee has failed to provide any animal in their possession, care, or control with proper and sufficient food, drink, shelter, or protection; or 4. The permittee, his or her agent, or employee has failed to maintain the premises or caging areas in a clean and sanitary condition; or 5. The permittee, his or her agent, or employee has failed to protect any animal in their possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or 6. The permittee has had a permit revoked within one year prior to the date of application; or 7. The permittee has been convicted of any offense involving the violation of chapter 717A or 7176, code of Iowa, as amended, section 8-3-3 of this title, or any provision of this chapter. E. Waiver Of Fees: 1. Permit fees may be waived for licensed nonprofit organizations, educational institutions, licensed rehabilitators, dog or cat shows conducted for educational purposes, or other animal exhibitions or acts conducted for educational purposes. 2. Permit fees shall be waived for Johnson County Humane Society, or its successor foster caregivers harboring dogs or cats in their private homes or kennels. This waiver shall apply only to their temporarily housed foster animals and not to their privately owned animals. A list of foster homes and foster kennels shall appear on the permit application of the Johnson County Humane Society, or its successor. 3. Permit fees shall be waived for state approved wildlife rehabilitators who maintain wildlife for rehabilitation purposes or for ongoing care and possess required United States fish and wildlife, or its successor, permits and required Iowa state department of natural resources, or its successor, permits. (Ord. 97-3793, 7-15-1997) F. Urban Chicken Permits: 1. No person shall raise, harbor or keep chickens without an urban chicken permit, or other permit, issued by the city. 2. "Chicken" means a member of the subspecies of Gallus gallus domesticus, a domesticated chicken. 3. In order to obtain an urban chicken permit, an applicant must submit a completed application on a form provided by the city accompanied by the permit fee. 4. Within thirty (30) days of submission of the application, the police chief, or designee, shall issue the urban chicken permit if the applicant meets the requirements of this provision and the policy adopted by city council resolution or deny the application. If the application is denied, the police chief, or designee, shall state the reasons in writing. 5. The urban chicken permit shall be valid for three (3) years and may not be sold, transferred or assigned. 6. The police chief, or designee, may revoke an urban chicken permit as provided in the policy adopted by council resolution. 7. Appeals of the decision to deny or revoke an urban chicken permit are to the city manager, or designee, and must be filed within ten (10) days of the decision. 8. Subsections A through E of this section and section 8-4-13 of this chapter do not apply to this subsection. 9. Additional requirements, including permit fees, shall be adopted by resolution. to. Violation of this subsection or the terms of the urban chicken permit are punishable by a municipal infraction with a civil penalty of one hundred dollars ($100.00) for first violation, two hundred fifty dollar ($250.00) for second violation, and five hundred dollars ($500.00) for third and subsequent violations. (Ord. 12-4511,12-18-2012) 8-4-13_TRAP-NEUTER-RETURN. PERMITTED ACTS: The following actions shall be a permitted in Iowa City in pursuance of a process of Trap -Neuter -Return: A Trapping, for the sole purpose of sterilizing, vaccinating for rabies and eartipping community cats, in compliance with anK applicable federal or state law, and under the supervision of a licensed veterinarian, where applicable. B. Trap -Neuter -Return shall be the preferred disposition for impounded community cats Animal control and the city pound or shelter are authorized and encouraged to conduct Trap -Neuter -Return, or to direct impounded community cats to a TrW-- Neuter-Return program. 8-4-134: PENALTIES: Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction as provided for in title 1, chapter 4 of this code. The following schedule of civil penalties shall apply for violations punished as a municipal infraction: First offense $10.00 Second offense 20.00 Third offense 50-00 Fourth and subsequent offense(s) 100.00 (Ord. 97-3799, 7-29-1997) Footnotes - Click any footnote link to go back to its reference. Footnote 1: See also subsection 8-4-8F of this chapter. Footnote 2: See also subsection 5-2-96 of this code. Footnote 3: See also section 8-4-4 of this chapter. JCHS-070318 Kellie Fruehling From: Megan Johnson <johnsonmegan@gmail.com> Sent: Tuesday, May 07, 2019 11:23 AM To: Council Cc: Rockne Cole; Bruce Teague; Jim Throgmorton; John Thomas; Mazahir Salih; Pauline Taylor; Susan Mims Subject: Statement on TNR and Community Cats Attachments: TNR Statement to IC City Council.pdf Unfortunately l am unable to attend tonight's council meeting due to a migraine. Below is the statement l planned to address the council with during public comment in letter format. Thank you. Dear council members, My name is Megan Johnson. I have lived in the Iowa City area for 13 years, I am a teacher at West High School and, most relevant to why I'm writing you, the treasurer for the Johnson County Humane Society. I am writing to advocate for the formation of a work session to explore changing city code to allow for and encourage a policy of trap -neuter -return, commonly called TNR, of free -roaming stray and feral cats in the community, cats that we typically call "community cats". Trap -neuter -return is already occurring in our community thanks to a number of volunteers who have stepped up to address the problem of cat overpopulation. With TNR, community cats are humanely trapped in live traps and taken to a veterinarian to be spayed or neutered and vaccinated. After a brief recovery period, the cats are returned to their home - their colony - outdoors. Kittens are socialized in foster homes, and cats who are friendly are put up for adoption at a local shelter. The problem is that city code is outdated and does not allow for the municipal shelter to directly support or engage in this important effort. Instead, because most community cats surrendered to the shelter are not adoptable, they are typically euthanized. When possible, they are relocated to barn homes, but there are simply not enough of those for the feral cats in our community. I know that you all received an email yesterday from my fellow JCHS board member Janet Ashman that contained many facts and statistics about the effectiveness of TNR. You will hear more about that tonight during public comment. Instead of providing you with that same information, I'd like to share a story with you, a story that illustrates the importance of changing city code to allow for and encourage trap-neuter-retum. My story is about my beloved community cat named Max. Max is a gorgeous gray and white cat that was born in the spring of 2018 to a feral mother; he had three siblings. When JCHS became aware of Max's colony, we sprung into action. Our president and I started feeding the colony of about seven or eight cats on Iowa City's west side daily. We watched Max and his siblings grow up. Unfortunately it was too late to socialize them to humans. The responsible thing to do was to trap -neuter -return them. Eventually, we trapped all of the cats in the colony, took them to Iowa Humane Alliance to get them altered and vaccinated, then released them back to the only home they'd ever known. We have been feeding them daily for over a year now. At some point, two of Max's siblings disappeared. They either found a new food source or, probably more likely, were hit by a car or killed by a predator. For most of the winter, it was just Max and his remaining sister, Emma, greeting us daily when we arrived with their food. We provided them shelter through the harsh winter months, and they made it through the polar vortex. Just when the weather was warming up, Emma went missing. We came to find out that a young female cat matching Emma's description had been trapped by someone who saw her as a nuisance and surrendered her to the Iowa City Animal Center. Despite the fact that she had an ear tip, a physical identifier that lets people know a cat is altered and has a caregiver, the shelter had no option but to euthanize her due to current city code that prevents them from releasing community cats outdoors. She wasn't adoptable, there was no barn home to relocate her to, and she couldn't live her life in a cage. Three other cats were euthanized with her for the same reason. Emma had a home and people who cared for and about her. We hoped for weeks that she'd come back and show us that she wasn't the young ear -tipped tabby euthanized at the shelter, but she has never returned. We continue to care for her brother Max, who still greets us each and every day, her mother, and about three other cats that remain in the area. We need to change the way we view and treat community cats. Many of us already have, and city code needs to reflect that. The municipal shelter needs to be given the freedom to do what they know is best for community cats - TNR them, or, if they are ear tipped, release them back to their caregivers. In addition to my volunteer work with Johnson County Humane Society, I foster for Paws and More Animal Shelter based out of Washington, Iowa. In the 13 months that I have been fostering for them, I have fostered nearly 40 cats, mostly kittens who were born outside to unspayed females. Fortunately, because Washington implemented a TNR program a few years ago, they are seeing dramatic decreases in shelter intakes this kitten season. Nearly all of my former fosters have gone on to find loving homes, with only two of them still at the shelter and five who aren't quite ready for adoption currently in foster care at my home. As rewarding as it can be to save lives, I hope to someday live in a community where fostering kittens for animal shelters isn't all that necessary because people and communities step up to address the root of the problem and the need for spaying and neutering community cats. We cannot adopt our way out of this, and we should not euthanize our way out of this. TNR is the solution. Please do not hesitate to reach out with any questions you have. Megan Johnson Johnson County Humane Society Dear council members, My name is Megan Johnson. I have lived in the Iowa City area for 13 years, I am a teacher at West High School and, most relevant to why I'm writing you, the treasurer for the Johnson County Humane Society. I am writing to advocate for the formation of a work session to explore changing city code to allow for and encourage a policy of trap -neuter -return, commonly called TNR, of free -roaming stray and feral cats in the community, cats that we typically call "community cats". Trap -neuter -return is already occurring in our community thanks to a number of volunteers who have stepped up to address the problem of cat overpopulation. With TNR, community cats are humanely trapped in live traps and taken to a veterinarian to be spayed or neutered and vaccinated. After a brief recovery period, the cats are returned to their home - their colony - outdoors. Kittens are socialized in foster homes and cats who are friendly are put up for adoption at a local shelter. The problem is that city code is outdated and does not allow for the municipal shelter to directly support or engage in this important effort. Instead, because most community cats surrendered to the shelter are not adoptable, they are typically euthanized. When possible, they are relocated to barn homes, but there are simply not enough of those for the many feral cats in our community. I know that you all received an email yesterday from fellow Johnson County Humane Society board member Janet Ashman that contained many facts and statistics about the effectiveness of TNR. You will hear more about that tonight during public comment. Instead of providing you with that same information, I'd like to share a story with you, a story that illustrates the importance of changing city code to allow for and encourage trap -neuter -return. My story is about my beloved community cat named Max. Max is a gorgeous gray and white cat that was born in the spring of 2018 to a feral mother; he had three siblings. When JCHS became aware of Max's colony, we sprung into action. Our president and I started feeding the colony of about seven or eight cats on Iowa City's west side daily. We watched Max and his siblings grow up. Unfortunately it was too late to socialize them to humans. The responsible thing to do was to trap -neuter -return them. Eventually, we trapped all of the cats in the colony, took them to Iowa Humane Alliance to get them altered and vaccinated, then released them back to the only home they'd ever known. We have been feeding them daily for over a year now. At some point, two of Max's siblings disappeared. They either found a new food source or, probably more likely, were hit by a car or killed by a predator. For most of the winter, it was just Max and his remaining sister, Emma. We provided them shelter through the harsh winter months, and they made it through the polar vortex. Just when the weather was warming up, Emma went missing. We came to find out that a young female cat matching Emma's description had been trapped by someone who saw her as a nuisance and surrendered her to the Iowa City Animal Center. Despite the fact that she had an ear tip, a physical identifier that lets people know a cat is altered and has a caregiver, the shelter had no option but to euthanize her due to current city code that prevents them from releasing community cats outdoors. She wasn't adoptable, there was no barn home to relocate her to, and she couldn't live in a cage. Three other cats were euthanized with her for the same reason. Emma had a home and people who cared for and about her. We hoped for weeks that she'd come back and show us that she wasn't the young ear -tipped tabby euthanized at the shelter, but she has never returned. We continue to care for her brother Max, her mother, and about three other cats that remain in the area. We need to change the way we view and treat community cats. Many of us already have, and city code needs to reflect that. The municipal shelter needs to be given the freedom to do what they know is best for community cats - TNR them, or, if they are ear tipped, release them back to their caregivers. In addition to my volunteer work with Johnson County Humane Society, I foster for Paws and More Animal Shelter based out of Washington, Iowa. In the 13 months that I have been fostering for them, I have fostered nearly 40 cats, mostly kittens who were born outside to unspayed females. Fortunately, because Washington implemented a TNR program a few years ago, they are seeing dramatic decreases in shelter intakes this kitten season. Nearly all of my former fosters have gone on to find loving homes, with only two of them still at the shelter and five who aren't quite ready for adoption currently in foster care at my home. As rewarding as it can be to save lives, I hope to someday live in a community where fostering kittens for animal shelters isn't all that necessary because people and communities step up to address the root of the problem and the need for spaying and neutering community cats. We cannot adopt our way out of this, and we should not euthanize our way out of this. TNR is the solution. Please do not hesitate to reach out with any questions you have. Megan Jo son Johnson County Humane Society Kellie Fruehling From: laurie crawford <lauriecrawforc1517@gmail.com> Sent: Friday, May 10, 2019 2:51 PM To: Council Subject: Trap, Neuter, Return Dear Mayor Throgmorton and Council Members, I am writing to encourage you to pass a TNR (Trap, Neuter, Return) ordinance for Iowa City. We are so fortunate to have a low cost spay/neuter clinic, Iowa Humane Alliance, just 20 minutes away. This clinic makes TNR both affordable and feasible. I've been involved in TNR for over 20 years. Years ago, another woman (who is still a community cat caretaker in another city) and I would accompany Dr. Jennifer Doll to farms, mobile home parks or other communities where Dr. Doll would perform surgeries and vaccinate the cats in her mobile veterinary clinic. This was a wonderful service, made possible through grants and fundraisers. Dr. Doll has continued to perform these surgeries in partnership with Iowa Humane Alliance. Several others and I, who advocate for cats (feral, stray and owned), dogs and other companion animals, helped fund the start up of Iowa Humane Alliance. TNR was a big part of our vision for this clinic. Please help us make this dream a reality! Iowa City as a community, and the resident cats, will benefit. This is a good, quick summary of the benefits of TNR for the community and for cats (source ASPCA). http://www.bostoncatiady.com/benefits-of-tnr.htmi Very truly, Laurie Crawford i CITY OE IOWA CITY www.icgov.org May 21, 2019 ATTACHMENTS: Item Number: 6.c. Description Sara Barron, Johnson County Affordable Housing Coalition - Mobile Homes Task Force Kellie Fruehling From: Johnson County Affordable Housing Coalition <jcaffordablehousing@gmail.com> Sent: Wednesday, May 08, 2019 9:02 AM To: Council; Geoff Fruin; John McKinstry Subject: Mobile Homes Task Force Hi, all. Thank you for your leadership in convening a task force on mobile homes. Approximately 3,000 Johnson County households live in mobile homes, making them a very significant source of affordable housing for our community. The Affordable Housing Coalition is honored to lead these meetings. We will work to identify policymakers, owners, and residents from throughout the county to participate. My understanding from last night's work session is that you are looking for the group to provide a series of recommendations about how mobile homes affordability and quality can be stabilized and protected from predatory owners, especially out-of-state corporations. Councilors Salih and Taylor, thank you for agreeing to represent Iowa City in these discussions. Because the scheduling of the Joint Entities meetings seem to work for a large percentage of electeds, I am considering a similar meeting time for this group. If you have another recommendation for when we can meet, please let me know. If anything I have stated here doesn't align with your expectations, feel free to contact me. Councilor Cole, thank you for raising this concern. We look forward to building and preserving opportunities for Johnson County residents of mobile homes. Sara Sara Barron I she/her/hers Executive Director Johnson County Affordable Housing Coalition www.icaffordablehousing.org www.facebook.com/icaffordabiehousing @jcahcoalition Item Number: 6.d. i CITY OE IOWA CITY www.icgov.org May 21, 2019 ATTACHMENTS: Description Angie Jordan - Supporting Recommendation for Police Sub Station Nick Bergus - South District Police Substation Kellie Fruehling From: AJ <fivecaloriebanjo@yahoo.com> Sent: Thursday, May 09, 2019 9:48 PM To: Council Subject: RE: Supporting Recommendation for Police Sub Station Dear City Council, As a resident of the South District who worked in the area when the police sub station was first being discussed in 2009-2010, and now lives off Broadway and passes by it most every day, I wanted to express my support in the City Manager's recommendation to relocate or close the sub -station in our neighborhood. As an active community member, the topic of the sub station in my neighborhood came up months ago, back in November 2018. After which time, myself and other members of our association were grateful for the attention and time Geoff Fruin, Chief Matherly, Capt. Brotherton, Sargent Frank, Officer Hayes, Officer Erickson, and community liaison Henri Harper in the ICPD took in meeting with us a 3 different times to discuss and exchange ideas about the space and it's purpose, usage, etc. The South District Neighborhood Association collected voices, ideas, concerns, questions and thoughts from South District residents and many were for supporting increasing community engagement through the sub station. My initial question, when I first talked with our City Manager back in November 2018, was if we could change the name from POLICE to something more community engaging. I learned that asking questions can sometimes lead to more questions. As a Neighborhood Association we listened and learned about all the ICPD does in Iowa City and also in our district. Personally, I can only imagine it's challenging to balance given resources and staff with community expectations and desires while also focusing on safety. There's so much I learned that the police do that I was not aware of, and I continue to be grateful for their service to all of us in Iowa City. If the substation is unable (due to limited resources) to house the type of community engagement pieces the neighborhood is desiring, and if the initial reason for the station's existence is no longer a factor (if crime rates have gone down), I'm hopeful that space can be utilized by other community enriching entities that promote business development, community gathering space, fellowship or any thing that can be open and used or frequented by the public regularly. Thank you for your time and consideration on this matter. Respectfully, Angie Jordan Kellie Fruehling From: Nick Bergus <nick@ bergus.org > Sent: Saturday, May 11, 2019 12:04 PM To: Council Subject: South District Police Substation Councilors, As a 16 -year resident of Iowa City's South District, I applaud chief Jody Matherly's proposal to close the department's substation. The substation doesn't truly improve service in our neighborhood, creates a perception of higher crime, and is unnecessarily and inappropriately intimidating to some of our neighbors. While the decision doesn't require your formal approval, I hope you will all voice your support for this move at your coming work session. Yours, Nick Bergus (319) 541-7258 2231 California Ave. Item Number: 6.e. i CITY OE IOWA CITY www.icgov.org May 21, 2019 ATTACHMENTS: Description Liv Neuzil, Grace Kirschling, Elyse Brewer - Plastic MAY 1 Q 2019 City Clerk Iowa City, Iowa Tecky et�� Cvu�cii, �t -�k\A AW� �v\A\"yVo clecrea,;m i-ne /-A Yv---, �,Kv-) M ?rte z-�--,\ C tine W©`rd o veoAvv co,� \`� Q to :5 C"\ � V�66ec�`r!:v,v, \r, oma\ 5 , wo�a,\c� V-.cl \ V'� A \cA �C�'v�' �1 i'-� '� �� �.��� �•°�, <-� �, .,�, �...-� r 1. ,� (�, , � � �f, r 1\�© (A Lvv Y3e umm 161 Yckee Y-�mor\\\qnt 3 E`y-st i ru cX SOUTH EAST JUNIOR HIGH SCHOOL 2501 BRADFORD DR IOWA CITY IA 52240 i CITY OE IOWA CITY www.icgov.org May 21, 2019 ATTACHMENTS: Description Matt Weitzel - Bow Hunting - Deer Item Number: 6.f. Kellie Fruehling From: Weitzel, Matthew R <Matthew-Weitzel@hawkeyesports.com> Sent: Monday, May 13, 2019 10:42 AM To: Council Subject: Bow Hunting - Deer Good morning... I live in the Peninsula and just wanted to pass along my input that I am opposed to any killing of deer by bow hunting. I like seeing the deer in the neighrborhood and do not see a problem with them. I have lived in the area since 2016 and rarely have seen any deer hit by vehicles along Foster Rd. I think residents in the neighborhood know there are deer in the area and are cognisant of them. Just my 2 cents. Matt Weitzel i CITY OE IOWA CITY www.icgov.org May 21, 2019 ATTACHMENTS: Description John Balmer: bond rating Item Number: 6.g. Kellie Fruehling From: John Balmer <john@pscia.com> Sent: Tuesday, May 14, 2019 1:20 PM To: Council Subject: bond rating Honorable Mayor and Council Members. I want to commend you the policy makers and City Manager Geoff Fruin and his fine staff for maintaining the AAA bond rating for our community.This is no small feat and does not happen in a vacuum.This requires a strong tax base that generates sufficient revenues and sound fiscal stewardship and discipline on the part of you the elected representatives.As a person who had the good fortune to serve on the Council from 1976-1984 and mid 1988-1990.1 appreciate the due diligence and understanding of fiscal priorities to maintain this rating.This should remain a top priority for future councils as it has a significant impact for the city for future bond sales.By having this rating we will receive the best interest rates for these public improvement bonds and thus saving the taxpayers significant dollars.) would guess I may be speaking to the choir on this but as a homeowner and third generation family owned business in our 68th year this is meaningful for maintaining the fiscal strength of our great city now and for the future. I do want to issue a cautionary note as it relates to some of the expenditures that have been made in the last several years.The hundreds of thousands of dollars that have been designated for affordable housing projects and money designated for climate change while noble I am concerned about this becoming an annual on going expense that can easily get out of control unless monitored for how the community is benefitting. While we can disagree on certain public policy issues the fiscal stewardship and continued sound budgeting to maintain our solid financial position should be one that we all can agree on. Thank you John 6� PSC oisTeieuTION JOHN BALMER CEO PH: 319-338-3601 FAX: 319-337-7937 www.r)scia.com i CITY OE IOWA CITY www.icgov.org May 21, 2019 ATTACHMENTS: Item Number: 6.h. Description Donald Baxter: Dangerous and hostile behavior to cyclist by Iowa City Transit bus driver [Staff response included] Kellie Fruehling From: Geoff Fruin Sent: Thursday, May 16, 2019 10:11 AM To: 'Donald Baxter'; Council Subject: RE: Dangerous and hostile behavior to cyclist by Iowa City Transit bus driver Mr. Baxter, Thank you for bringing this to my attention. I apologize for your negative experience this morning and I will look into the matter. Best, Geoff From: Donald Baxter[mailto:donald.baxter@gmail.com] Sent: Thursday, May 16, 2019 9:32 AM To: Council <Council@iowa-city.org>; Geoff Fruin <Geoff - Fru in@iowa-city.org> Subject: Dangerous and hostile behavior to cyclist by Iowa City Transit bus driver Dear Geoff Fruin and the Iowa City Council, This morning, May 16, 2019 at around 8:55 AM, I was cycling east on Burlington Street in the left lane in anticipation of making a left turn on Madison Street to my job at the UI Libraries. I am.a cycle commuter and this is how I get to work every day. But this morning, a City of Iowa City Bus driver behind me tailgated me on my bicycle, almost the entire two blocks. the person is a white male and he was driving Bus No. 80. I don't know how fast he thinks he can stop a 40' long transit bus that weighs as much as 40,000 lbs, but I understand the physics of this. If your City bus drivers do not understand physics, you need to educate them. This is hideously dangerous. If the bus driver is trying to express an opinion regarding how he feels about sharing the road with other legal users, he can write me a letter. But rest assured, this menace on your payroll shouldn't be allowed to express his opinion using City time and resources while also endangering lives. Does he think this is going to speed up his trip? I slow down for this sort of driver to make my own trip safer, Best regards, Donald Baxter Donald Baxter 316 Ridgeview Avenue University Heights, Iowa 52246 319/337-0494 413/294-1280 (e -fax) homepage: www.onanov.com Kellie Fruehling Late Handouts Distributed From: Charlie Eastham <eastham@outlook.com> Sent: Monday, May 20, 2019 2:39 PM .� ck To: Council (Date) Subject: May 21 Council Work Session Agenda:Information Packet Discussion 3. - (5/16) IP 9 re. South District Home Investment Program recommendations Iowa City City Council, At the May 21 Council Work Session the Council will be asked by Staff to modify the South District Home Investment Program to include the possibility of causing displacement of current tenants in project properties. In reviewing this recommendation the Council is asked to consider the following: The purpose of the South District Home Investment Program was to purchase, rehabilitate, and sell two duplexes on Taylor Drive or Davis Street to tenant residents if the residents chose to participate in the project. The Council stipulated that "if a tenant indicates they are not interested in purchasing or relocating from their unit" the City will not proceed with including the property in the project thereby avoiding displacing any current residents. Now the staff is proposing to modify the program requirements by allowing displacing residents not interested in purchasing their unit. This modification is outlined on pages 2 and 3 of the staff memo in Option 1 and included by implication in Option 2. Displacing residents has heretofore been specifically rejected by the Council and has been and continues to be opposed by community members. Involuntary displacement can cause substantial disruption of family life without regard to the number of years the family has been in their home. The Council should either choose Option 3 of the recommendations by Staff, "Discontinue the program and re-allocate funds" or send the program back to HCDC for further review and recommendations. Modifications of the program could include removing the element of purchasing occupied rental units and making a homebuyer assistance program available to any eligible home renting family on Taylor Drive or Davis Street that would empower residents to choose appropriately priced homes anywhere in the City. Charlie Eastham 953 Canton St. Iowa City , Kellie Fruehling From: Megan Alter <mearlyalter@gmail.com> Sent: Tuesday, May 21, 2019 1:49 PM Late Handouts Distributed To: Council Subject: South District Home Investment Program SAA \\\A Hello, (Date) I'm a commissioner with the Housing and Community Development Commission. I am emailing to ask that you defer making a decision on the SD Home Investment Program tonight and send it back to the HCDC to review options.The current recommendations appear to rely on modifying program requirements, and I believe we should be allowed to discuss those implications before setting them before Council to make a final decision. Thank you, Megan Alter 936 Aspen Court Iowa City 52240 1 , �I Kellie Fruehling From: Maria L. Padron <mpadron@shive-hattery.com> Late Handouts Distributed Sent: Tuesday, May 21, 2019 12:46 PM To: Council Subject: South District Home Investment Program . l` (Date) Hello, My name is Maria Padron and I am a commissioner at the Housing and Community Development Commission. I am contacting you regarding the South District Home Investment Program. I would like to request that instead of making a decision tonight about this program,you send it back to the HCDC for further review. I strongly believe this program should be studied more before you make a final decision. Thank you for your consideration. Maria L.Padron Shive-Hattery 1701 River Drive I Suite 200 I Moline,IL 61265 309.764.7650 ext.191655 1800.798.7650 I Direct:309.277.1655 I Cell:319.930.9528 SHIVCHATTERY I E C I u i E • i N G I N E E R I N G ©0®©O 1