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HomeMy WebLinkAbout1996-10-08 CorrespondenceHieronymi Partners Suite 8, 328 South Clinton Tel 319 338-1294 FAX 319 338-1202 P.O. Box 288, Iowa City, IA 52244 October 3, 1996 Iowa City Council Civic Center 410 East Washington Street Iowa City, IA 52240 Dear Mayor and City Council Members: Because I feel that it is essential that we have a viable downtown and that this means growth, I have continued to work on the financing, design and engineering of Hieronymi Square. However, a parking impact fee made proceeding with the actual construction much more difficult. I feel that the jobs plus the substantial increase in taxes that this project will produce are sufficient contributions to justify whatever assistance the City can give us. With the beginning of the Coral Ridge Mall it is doubly important that downtown improvements continue as rapidly as possible. Sincerely, Willreda Hieronymus RECEIVEEl The North Sycamore Street Neighborhood To the Iowa City City Council: The residence of 1418 Sycamore Street moved in approximately September 30, 1995. During the past year, people in this neighborhood have had to call the Iowa City Police Department numerous times for disturb'rag the peace, for gan trafficking, for drug trafficking, and numerous obslructiom of justice. We, the neighbors of North Sycamore Street, are all home owners wanting our peaceful, safe neighborhood back. We hav~ been promised by the City Subsidize Program, who is subsid'~ing the rent of this property, that the residence would no longer be in our neighborhood as of October 1, 1996. We would ~e to see this promise carried out. From the concerned Neighbors of Sycamore Street City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Council C;ty Manager October 4, 1996 1418 Sycamore Street In response to the Neighbors of Sycamore Street letter received October 3, I contacted Virginia Stroud of our Housing Assistance Program. She indicated 1418 Sycamore Street is not City-owned property, nor does the City subsidize rent. Housing and Inspection Services records indicate that on February 14, 1996, they received notice there were parking and overpopulation violations occuring at 1418 Sycamore Street. In March of 1996, Housing Inspector Gary Klinefelter inspected the property and issued a rental permit. The property owner is Gayle Kuppy of Iowa City. According to police reports, there have been 35 calls for Police assistance between October 29, 1995, and October 3, 1996. Our Police are responding to each call. A copy of this memorandum will be forwarded to the property owner. CC: Gayle Kuppy Police Housing and Inspection Services Curt & Nancy Skay 825 St. Annes Drive Iowa City, Iowa 52245 (319) 337-7520 September 23rd, 1996 Naomi Novick 306 Mullin Iowa City,Iowa 52240 Dear Council Member, Naomi Novick: I am writing to you to ask for your assistance. 1 have lived in my home since April of 1987 which is located at 825 St. Annes Drive. My home is across the street from the Yeggy's property located at 828 St. Annes Drive, Iowa City. I am not sure if you are familiar with this property but it has a history that you should be familiar with. When my family first moved into this home, the property of 828 St. Annes Drive was a vacant lot with goats on it. My children thought we lived in the country. Within a year after we moved in, the Yeggy family began moving junk cars, appliances, tires, water heaters, misc. items onto the property. The City of Iowa City began court preceedings in 1988 and also in 1992. We aided the City by testifying to our observations of the above use in the court proceedings. After the court preceedings, the Yeggy's put up an additional corrugated fence painted red, white & blue. Nothing has changed since a year after I moved into the property. The City has cleaned out the property twice. During the years, the Yeggy family refuses to follow the court order and continues to bring in the junk cars, appliances and so on. I and my neighbor continue to call in our complaints to the City inspection service. Not alot has been done over the course of the years to improve what started out as a vacant lot. I am presently trying to sale my house. The main reason I am writing instead of coming to a City Council meeting is that I want to keep this low key. I don't need the extra attention if I want to get my house sold. However, I would really like to get some action on the clean up from the City so that I can get my house sold. Your new city attorney, Dennis Mitchel contacted me back in July about signing an affadavit tn regard to the Yeggy's property. I went ahead and signed it because he told me that the City Council was prepared to take it all the way. The last time I went with the City to court because of the contempt charge, the city did nothing. They could have fined him $500.00 and/or put him in jail. The city council choose to do nothing! I hadn't heard from Dennis Mitchell for over two months so I decided to call him and find out what the Citywas doing now about this problem. He told me that after viewing the property, he couldn't cite them because the vehicles he has parked in this lot aren't inoperable or he can't tell that they are inoperable. I encourage you to drive by the property. There is a car up on blocks with the hood missing. There are tires up on fences. There are old appliances and misc. items around the lot. Their are weeds that are taller than me. The van sitting right up in front has not moved for over six months. In fact this van does not have an engine in it. A fellow who works at the post office with my husband gave the van to the Yeggy's because it does not work. Over ti]e past six months I have sent several notes to Terry Goerdt. All of my notes I have asked Terry Goerdt to answer back, I haven't heard from him. I have enclosed a copy of those letters for your review. I need to have a few questions answered from you. 1 .) What is the City's position on the Yeggy's position and could I have it in writing? I have asked Dennis Mitchell to please respond in writing but I have yet to receive anything. 2.) What is the City's position on the shed that the Yeggy's put up on their property without a permit? It was my understanding from Terry Goerdt that they applied for a permit, they were denied and then built it anyway. This has been over a year ago. I am still waiting for an answer. Is this how the City handles this kind of situations? 3.) Why is it that the Yeggy's can go all summer without mowing down their weeds? Terry Goerdt cited him once after my phone call and the Yeggy's ran them over with a tractor, they did not mow them. They never mow inside the fence. I am writing every council member because I would like all of your assistance and all of your opinions on this. Sincerely yours,//) cc:; Namoi Novick, Ernie Lehman, Larry Baker, Karen Kubby, Dee Norton, Dean Thornberry, Dee Vanderhoef September 20, 1996 Iowa City City Council 410 E. Washington Iowa City, IA 52240 Dear Councilmembers: Among the many items for your consideration in the Capital Improvements budget is the extension of Court Street to the Windsor Ridge Subdivision. Presently this project us scheduled for 1999; however, we are writing to request you approve this item for 1997-98 There are several reasons we believe Council approval of this project is appropriate now. First, we are ready to undertake the preliminary work necessary to develop the band of Windsor Ridge directly south of the proposed roadway. We need to know where we will be constructing our piece of Court Street. Second, the zoning along Court Street inside Windsor Ridge includes a school site that residents are increasingly interested in pursuing with the school district. Third, the market demand for housing appropriate for older families (empty-nesters) and single member households can be accommodated in the parts of Windsor Ridge zoned for higher density that are along the Court Street corridor. The subdivision -- along with the city -- needs this balance of housing styles and prices and we want to initiate work this year. While initially it may appear this project is large and potentially expensive for the City, we do not agree. The actual piece of road that the City needs to build is about 1/3 of a mile. Our engineers estimate the actual cost would be in the range of $250 -300,000. Once that piece is in place, we anticipate the Lindemann Estate will cooperate in a "friendly condemnation" to provide the necessary fight of way adjacent to their land. As the developers of Windsor Ridge, we have always been willing to contribute to the road construction and will work with the City on a fair means of assessment to benefit everyone. The extension of Court Street makes sense. It can help keep Windsor Ridge a growing, vibrant part of Iowa City generating a strong tax base. It will not require a long, difficult acquisition process nor should it strain the City's work capacity. It is not a project that needs exhaustive review. We believe it is an opportunity for pannership that is decisive and progressive. We are asking you to become facilitators in this matter and clean up a "loose end." By getting the work started now, we can all be proactive and constructive in planned development. GaryTvVatts John Moreland .,Irltngton. L C.. 568 Ittgh~ay Otte If~est. 1o~'a Ctt); Iowc ,52246 33to3 ] ' hnig , phics ~OWA CITY [D CEDAR RAPIDS ~ CORALVILLE RECEIVEI3 OCT 0 September 30, 1996 City Council Dear Councilors: Re:Downtown Beautification Representing the Downtown Association, I have met with Terry Trueblood and Sheri Thomas regarding plantings in the exciting and new Downtown. I am pleased by the spirit of cooperation displayed by these City staffers. There have been many attempts made in the past to get cooperation between merchants, users and Staff. Often the results were short lived and frustrating, but Terry and Sheri are willing to keep trying and are hopeful that together we can make significant progress. Much work needs to be accomplished during the next few cold weather months so we can be ready to plant as soon as possible in the Spring. Many merchants have expressed an interest in adopting flower beds and assisting in the care. I intend to have tentative arrangements made soon for the care of substantially all of the flower areas downtown. will be meeting with Project Green to discuss the design of these plantings and to assure their continuing care. I We have discussed the apparent need to remove some trees to enable more colorful displays of plantings. We recognize the need for shaded seating areas but feel that the existing trees can be thinned and still provide a great downtown. Further discussions need to be held regarding cleaning of sidewalks outside of the Plaza (Ped Mall), and the possible use of planters in those areas. I look forward to the actions of the Downtown Committee currently in formation, and encourage them to rapid resolution in their work for a refreshed and refreshing Downtown. We will be planting in the Spring and look forward to working with you. JAG cc: Terry Trueblood Suzanne Streitz Plaza Centre One P.O. Box 11346 Iowa City, Iowa 52244 319.354,5950 TolI-F re~ 800-779.43093 FAX 319-354-0973 711 Center Point Road NE Cedar Rapids, Iowa 52402 319-364-7010 Toll-Free 800-779.0094 ~AX 319.364-7133 1703 Second Street Coralville, Iowa 52241 319.338-6274 FAX 319.338-7788 ,RI CEIVED SEP 2 6 1996 1339 :~. ~l'oomin~to*~ Strett Iotoa Cit~, Iovoa 25 ~Septem~r 19% Honorable Mayor and Members of The City Council of Iowa City Dear Sirs and Madams, On the evening of 24 September, I attended the City Council Meeting during the session dealing with a proposed new animal control ordinance. I wish to commend the Council for moving the agenda along in a professional manner and for its patience with each speaker. was especially impressed with the Council members' familiarity with the topic, indicating a considerable amount of preparation. am a retired United States Foreign Service Officer who served for over twenty years as a public health advisor in the world's poorest and most unhealthful countries. We now live in Iowa City because my wife, Dr. Monika Sch~iffner, chose the University of Iowa for her graduate studies. We live to the west and diagonally across the street from Drs. Rasmussen and Vlastos. 7hey and we moved into our houses in 1991. We have daughters approximately the same age who have been playing together in each others gardens since that time. We have followed with much anguish the escalation of the dispute between Mr. Seydel and Drs. Rasmussen and Vlastos. What began in about 1993 as a legitimate concern by Drs. Rasmussen and Vlastos over the possible effect of their neighbour's pigeon coop on the re-sale value of their property evolved to its present state, beginning first with an allegation of offensive odors, next to concern over allergies and more recently to fears of infection by life threatening pathogens allegedly transmitted by Mr. Seydel's homing pigeons. Suits and threats of suits have created disharmony and stress not only for the disputants, their friends and families, but also for the neighbors within a block's radius of the pigeons. i think it was made clear in the 24 September meeting that Public Health is a very legitimate concern of the Qty Council and that a dispute between two neighbouts is not. 1. Public Health: The Public Health issue can be readily resolved . The local health autt]ority needs to contact directly the United States Centers for Disease Control in Atlanta. Their experts will provide the scientific facts, recommendations for appropriate action, and referral to other experts and communities in the United States who have dealt with this issue. It would be extremely inappropriate to consider the issue within the context of a neighborhood dispute or in any way to let that dispute affect the deliberations of the local health authorities and the City Council. If scientifically convincing evidence argues persuasively for changes in the relevant local ordinances, so be it. But unless there is compelling evidence that Mr. Seydel's hobby presents a "Clear and Present Danger to Public Health", the Council should exempt him from new regulations.. 2. The unneiahborlv dispute: 1. At the Council meeting it was brought out that Drs. Vlastos and Rasmussen had their day in court and did not prevail. So at this time Mr. Seydel has every right to continue his life-long, legal hobby. He and his neighbors expressed their concern that, in spite of the findings of the court, Mr. Seydel continues to be subjected to threats of suits or other legal actions which would deprive him of his hobby. He is not a young man, and such a persistent campaign to interfere with his hobby may well affect his health adversely. 2. Mr. Seydels' supporters who spoke at the meeting are all residents of the small Hickory Hill neighborhood and spoke from their own experiences of living with his pigeons. The Vlastos & Rasmussen relatives, friends and supporters who spoke are not from the neighborhood. 3. Drs. Vlastos and Rasmussen chose to purchase a house which intrudes into a 1/bth acre of wild forest wherein live hundreds or thousands of birds, small creatures, and vegetation. In 1995 they enlarged their residence by expanding even farther under these trees, thus subjecting their residence to even more droppings, lice, fleas, mites, tics, bacteria, viruses, pollens and other natural emissions, any one or all of which are, hypothetically, as likely to induce the symptoms which they allege have been caused by the pigeons located farther away, upwind, and separated by a nine foot fence.. 4. Much has been said about unpleasant odor from the upwind pigeon coop. In 1991-92, we were sometimes asked by Valstos & Rasmussen to air their dog and to water their back garden during their absences. We never noted an odor in any season or weather condition, During their long absences, we knew their house sitters and none ever mentioned an odor. Early in 1994 Dr. Vlastos came to my house to ask that I come to smell his back yard because the odor w2s su'or~g. I went; I had to say, "Sorry, Steve, but I can't smell anything." Noting his disappointment, I said I would ask my wife to bring her twenty-five year younger nose over. She could smell nothing. This was the first City Council meeting I ever attended. I was impressed and wish to state once more my appreciation of your work. It surely can not be easy. Sincerely your~__~~ Michael Brodt ,~33 South Van Buren #10 Iowa City, IA 5224 emaih mbrodt~icaen.uiowa.edu September 27, 1996 Iowa City City Council 410 E. Washington Iowa City, Iowa 52240 Dear City Council members: I am writing regarding the proposed exotic animals ordinance. I am currently a graduate student in engineering here at the University of Iowa, but have lived here for the last five years and consider myself a resident of the city. The proposed bill has raised several concerns and questions which I would like to express to you all. My first concern is over the inspection of my apartment by the animal control officers. I currently own two ball pythons (python regius) I would consider it an invasion of my privacy to examine my enclosures and my apartment. I did not buy my animals on a whim, in fact, I spent several months researching the most suitable snake for myself. I knew how to keep the animals and how large they would get, long before I bought them. This leads me to my next concern. How are the animal control officers going to be educated to know if an animal is being kept properly or not? At the time I went to register my snakes at the animal shelter, a common green iguana was outside in a cage In the cage the officers had broccoli and green iceberg lettuce for the animal to eat, along with other fruits. Iceberg lettuce and broccoli are not nutritious for iguanas, and if the iguana is fed them for too long, it will develop a disease that will lead to its demise (souroe: Melissa Kaplan, melissk~sonic.net, author and well known iguana keeper). If officers do not know how to keep an iguana themselves, how can they say whether or not any other animal is being cared for properly? On the TV9 6pm News on Wednesday September 25, the shelter manager said that she would simply inspect to assure the animals have food and water. First, my snakes eat every seven to ten days or even longer, which is very normal for many species of snakes. Are the officers going to come to my apartment late at night to observe the ritual? Second, some snakes cannot have water in their cages lest they will develop a difficult to treat respiratory disease (e.g. lichanura trivirgata the commonly kept rosy boa: Boas, Rosy and Ground, J. G. Walls). With all the different species being kept in captivity now, how will the officers know which animal deserves what kind of care? It is for these reasons that I do not think inspections will be useful. According to the wording of the ordinance, a prohibited animal is "capable of killing, [or] inflicting serious injury". The list of prohibited animals names several species of pythons and boas. However, the list does not include two other "dangerous" animals: dogs, and horses. According to Philippe de Vosjoli's, President of the Amedcan Federation of Herpetocultudsts (AFH), article in the Vivadum (Volume 4,//4) 219 deaths are caused by horses per year, and 14 deaths are caused by dogs. However, only 0.3 people have been killed by reticulated pythons, 0.1 by burmese pythons, and none by any other pythons or boas. Looking at these figures it would appear that these reptiles are not nearly as "dangerous" as the public is lead to believe. The AFH has set out strict guidelines on the keeping of large constrictors, and if these guidelines are followed incidents can be avoided. Many times the stodes that grab the public attention involve people that do not follow these guidelines set out by the AFH. The most recent case is the couple that kept the nine foot snake loose in their apartment, only to find it constricting the lady in the middle of the night. A restricted animal is an animal that "could be dangerous to the public". Under the restricted animals list, it simply states that "reptiles" will be restricted. The vague use of the word "reptiles", and assuming that all reptiles are "dangerous" is not based on any facts or statistics. Many small pythons, boas, and colubdds are not "dangerous" to the public or the keeper. Instead of having a restricted species list, why not compose a list of all the animals (reptiles or othen~ise) that can be legally kept? This list would remove any doubt of whether or not an animal is allowed to be kept legally. In summary, I do not agree with the idea of inspections by animal control officers and would consider them an intrusion upon my pdvacy. I also feel that instead of having a restricted species list it would be much more beneficial and useful to construct a list of species that one would be able to legally keep. Sincerely, Michael Brodt Home phone/FAX: 358-6376 Buck Rodeo! Rodeos are cruel to animals. restock used in rodeo are 'subjected to bruising, bone- breaking injuries. And these animals are crowded into trucks and holding areas, often unsheltered, as they are hauled around the rodeo circuit. * A calf may be running twenty-seven miles an hour when the lasso tightens around its neck, Jerking it to a sudden stop and throwing It to the ground. The force of Impact can cause bruising and hemorrhaging around the neck and shoulders. · A steer Is "thrown" by grabbing its horns and twisting Its neck until its body is flipped in the air and the animal slams to the ground on Its side. Broken bones and injuries to the horns and neck muscles often result. · In bronc and bull riding events, the animal may be driven to a frenzy of bucking by a flank strap tightened painfully around a sensitive abdominal area. · Let's stop rodeo! Put an end to rodeo cruelties by refusing to watch or support rodeo violence to animals. '-~'~ ~'3. The Humane SOC,e,y :.~..~lt~ o, the Un,t ed Sta,e, 2100 L Street. NW '),3.~.~I~-~'~ Washington. DC 20031 CIRCUSES: THRE RINGS OF ABUSE Although some children dream of running away to join the circus, it is likely that most animals forced to perform in circuses dream of running away from them. Colorful pageantry disguises the fact that animals used in circuses are mere captives forced to perform unnatural and often painful acts that some people call entertainment. Circuses would quickly lose their appeal if the details of the animals' treatment, confinement, training, and "retirement" became widely known. No Funds, No Fun Except for the few big and famous circuses, most circus operations don't have much money, and as a result the animals they use often suffer from inadequate care. The animals, most of whom are quite large and/or naturally active, are forced to spend the vast majoriby of their lives in the small cages used to transport them, and they are allowed out of their cages only for the short periods when they must perform. The Animal Welfare Act merely requires that the animals have enough space to stand up and turn around when confined, yet even these minimum regulations often are not enforced. An animal advocate who worked undercover in a traveling circus in 1981 was surprised that the circus was often unable to provide adequate water for the animals. Entourages like the one the advocate witnessed may visit 150 towns in the spring, summer, and fall months, and a clean water supply is not readily available in every location.(1) As a result, drinking water is limited, and cleaningthe animals and their cages may take low priorib', cansing a real hardship for animals like elephants, who are accustomed to frequent bathing. Food is often equally limited. Climatically, the circus environment is quite different from the animals' natural habitats; the hot summer months can be especially hard on animals like bears, while others like lions suffer most from the cold. Veterinarians qualified to treat exotic animals aren't always present or available, and animals have suffered and died due to a lack of proper medical attention. During the win ter off-season, animals used in circuses may be kept in traveling crates or in barn stalls; some are even kept in trucks. Such unrelieved confinement can have very haimful physical and psychological effects on the animals. Few circuses have the funds or the desire to put much money into comfortable winter shelters, since off-season housing is used for only a few months per year.(2) Unnatural Acts Physical punishment has long been the standard training method for animals in circuses, although modern trainers often use more mentalcontrol to teach animals "entert&ining" tricks. However, some species are less able to adapt ~o training techniques than others, and as a result suffer great stress during training sessions. Some animals are drugged to make them "manageable," and some have their teeth removed. The tricks that animals are forced to perform--bears balancing on balls, apes riding motorcycles, ele~.a.n. ts standing on two legs--are physically uncomfortable and behaviorally unnatural. The whips, tight collars, muzzles, electric prods, and other tools used during circus acts are reminders that the animals are being .forced to perform. These superficial performances" demean the animals' dignity and teach audiences nothing about how animals behave under natural circumstances. Animals in circuses are often portrayed as either being ferocious .or stupid compared to their 'brave" or commanding" human counterparts; their true nature is never seen. Lifetimes of Loneliness After the animals have outlived their performing "usefulness," they are either permanently relegated to win ter quarters (often cages)or are sold to other circuses, zoos, private menageries, game farms (to be shot for "recreation" or for "exotic" meat), or even research laboratories. They often end their lives no more peacefully or comfortably than they lived them: in confinement, coercion, and misery. (OVER) The use of animals in en~ertalnment alread~ has been restricted or banned h~ s_everai countries, includin~ S~vp_~n ~,~ animal ac.ts are ofi;en dented ]?u~. Hc s. pace. In the Urnted States, the ellruination of animal exploitation would simply mean. ,an ~ncreas.ed us.e ofhumanperformers for n.uman encertamment, andit would .help discard the ouHated and harmful idea that animals are merely our playthings. B.¥ refusing to patronize. circu.ses, we can snow these who exploit animals that cruelty isn't entert~dning. (~i)gJeann~e_Roush, "Animals .Under the Top, , ..Th.~_~.~..umane Society New~, Humane Society of the United States, Spring (2) Sa~..dra Rappapo. rt, ~JThe Arena of ~E. xplo~t, ationf Animals Macazine, *v*assacnusetts SPCA. 7/ /'it. Your Monkey Is So Cute. Here, Let Me--OUCH! Cuddly Exotic Animals Make Perfectly Awful Pets I'] + * ,:,rl." says Gordon Gallup. a psycholo~ls~ I WeAlaby~:allabmlaqorchestcs~-Wheu i i Exohc :~.nimais ~-Jav Be Cute. at ~ne Sla~e Umvers~!y of New York who : young. ~h~s Aus~rahan marsup:al resem ' j ' s~ud~es human a(h~udes (oward arereals. ' hies ask nny ~ ounc n~ ~ 0use. But later. ;; j Btl[ 'J'Jlev're ,~wfuj Pets: ~mmaldealerspander[oamarke(ihev 30 ~unds or so. It takes (he form of , ~ reco~ze as selfish and silly. "Some ~ys kan?ar~ relanves Adcp[ a( , .~. A Umque J~ed-Dve Urine ihemselves wh~le ~meran~ng off beds · ~uy monkeys Ibmkine riley'It help 0 · j ~ris." says ~ndy Da'nes. an exo(ic pet and sof~. Their nrme is essenuallv a red ~v RIIOE~T JOHNSOS dealer m CincmnalL Yvonne &lbson, who raises macaws in Q~ee9 Oily. Texas. (ells Melissa Karron ~s an accoon(ant. and ~ of a wontan who bou§ht a blue and oo,d ,Js~aily qmle prachcal. Bul when she reel stole. "The b~rd was sfficlly lurnHure.' Cbnck~. she ~ell bead over lieels m love says Mrs Allison The woman later sold W~th Hmse deep soulJul eyes. whl~e hub ~he b~rd when ~1 proved messy. ~on nose and ¢uddJy for coal Chuckle. a The exotic pets often suffer more lhan red-la~led ~enon monkey. was MS. Kar- lhmr m~ers. When 1hey ~o~' up. many ~m~rJed arereals are abandoned Hu~e ~J5. Kaffon. of gorl 5mllh. ~rk.. wenl banana. She nol only pa~d Sl0.~ for ~e parro~ and macao's item Ce,lral America ~o~ fi~hl m~klnRbffds lhTee.monlh old Afucan monkey. but ~en SOUlh Texas A ~03pto[tl Sa.¢l~]O' ;Or un. piepaled ~or b~s arrival by wallpairing wanled pel prmlales near San Anlomo. cable recepUon. ~'eek from ~ople'~'anlln~ (dunload. 'Poe. Bgl Chuckle wenl ape. Ridlog home pie who want ~o ~el close to Ihese arereals from Ihe ~l slore. he rlp~d 0[[ evep/bul- should ]usl buy some binoculars. and ~on ann k~ob in ~s. KaFto~'s M~da ~6. walch the Nalure Channel." says Wallace tie b:l holes in lhe Upllolsle~ and s~ng Swell manager o~ !he nonpr~ltl sh0JfoF. from II~e rearview mirror ~(er. at lieme. [~l's I~k al a ro~es' galleD' of Chuckle a~Jocked h~s r~m's d~r w~lle anmlals thai oJ[~fi become ~s oa sales Ms. Karron. 32. ~as ~I '~'ork. fie lore out p~lches Ihal lur] 0ul [0 ~'le qulle a teleghones. broke d~shes. Squlrled l~lh' curve p~;e and meth~mally stashed eg~ from Kmkajou ~po~o.s ;lqu'us ~- [~ks hke a :he reJr~eerator all a~ut. L~Hle w~ saved small. stulfed raccoon. Hu~e. adorable · xcep[ the purple munke7 -.'~tmnlns he eyes and humamsh ears that till m the won't touch. The lesson lot Ms. Karron: direction of your ~ '~tl~e whole house m purple or get nd of Ih~s Soutl~ American mammal {ondly v~es-Hlen yanks '*'tih the stren~h of a Monkey BusMess 1oagsl:oreman. Also no~ed Jot ~m ap~al dye WltIi un:que slaiRing POwer Adveo. luresome eaters who samdie lot[el pager ~ Wallabies ~row b~§ enon§b ~o bound [l~rou~h P:clure windows yellow ~d blue Sou(b AmericAn b~rds can be t~cd to hu~l]n (OUC}I ~fid ~OW 10 a m~es[ h~?~( 0[ a~u( eight mches. Priced at S50 [o 55~. tar less than 3 ma- caw or parrot. SO wlla~'s wren?~ They screech at dawn-eve~ dawn-aud o~en words. ~ many exo~lc b~rds do. riley screech at daybreak [heir whole byes- Ire- quenJly ~ years. Viem~ese Pol~lh~ Pig ,su.s sorejul-Trendy ~rkers who sup~sedly stay small ~d [nend}y and lear, {o use a klHy-lH~er ~x. But some o~mers rear[ the ~J~llies bite wllb (be~r b~ bragSplus and terrorize a~y cats m :he household. Wome. ~ stores m short supply are [urn- m~ ~o crossbreeds thai do~'{ hve up [o ~[. ~lly bfitin¢. Animal Jm~[le. a pe~ shop m V~r~nla Beach. Va. marken down parl.~t~lhes to S?~ apiece Iron: 51.~00: (~e s[ore rioally taRled otJ one and gave lhe o(her lo a z~ "1 can tell you never learned to use a htier box.' says Dawn Johnson. who cleans ~ns at the store. ~ tomman crocodfius ~- The baby repules resemble small cr~fies. Grown ups l~k like ~our-f~t lcn~ c:o~. Repu :edly enloys dozing oH ~'1111 you s(rok:ng ~ts s[omach. Your ~aal[y [or doing jaws [o cJusa (he shells o~ clams 1rid , snails.. One man re(urned ~s baby ca,man ', [o a Hous(ou ~1 store [ecenHy arm ~ j mp~d him Ihe firs~ mgh( home "He was qm(e upseL He sa~d ~ '~ bke ~lfi~ S[uck J with needles." recalls ~he store owner The i ou~ a hrs~ aid k~J' Sl30 Spide[ money tatdes qeoiJrou~ .- Io~. ~ :0 grab several breakable household pets bv U S dealers Jot aboul ~2.~. [Imv AmongJhe many appalling abuses of animals in the United States are "Exotic Animal Auctions." Animal dealers con- gregate at huge auction halls to peddle their living wares. The Atlanta A, iction - a nightmare In June 1983 I attended one such auction. An IPPL mem- ber sent me an ad for the "First Annual Southeast Exotic Animal Auction" to be held at "Dewey Henderson's Auction Barn" near Atlanta, Georgia, USA. The parking lots were crowded with vans ~nd pickup trucks. Livestock barns were full of hoofed stock for sale to the highest bidder. Inside the hall, birds and animals were crowded in cages awaiting their turn in the auction ring. Terrified monkeys were kept in shipping kennels, includ- ing squirrel monkeys and macaques. I shall never forget two tiny owl monkeys clinging together in their kennel, with a look of total bewilderment on their faces. Rows of would-be buyers of exotic animals filled the room, many of the people dressed in pseudo cowboy attire. The smell was appalling. Animals were brought into the ring. I will never forget the terror of a group of elands as they charged frantically around the auction ring while the auctioneer shouted and bidders made their offers. Many of the buyers of hoofed stock were representauves of hunting ranches which offer "canned hunts" in various locations around the nation, with a high concen- trauon in Texas. At these canned hunts people can even shoot aleclawed tame ex-pet leopards from their cars. Some of the animals "on the block" are bred at breed- ing facilities. Some come from zoos that sell them initially to brokers, to avoid public knowledge of their disposal practtces. The brokers proceed to resell them at auctions serving canned hunts anti other outlets. Some years ago the US TV program "60 Minutes" caugh: San Diego Zoo and Oklahoma City Zoo selling animals to dealers who auctioned them off to canned hunts. At the auction I attended, Georgia State Fish and Game Department officials had a booth. Transportation of exotic arereals through the state is illegal without a permit. so Geor- gia state agents were there to facilitate movement of animals by issuing on-the-spot permits. One man was instructed to buy insurance on the two bear cubs he had bought. The reason I and other IPPL members went to Atlanta was to demonstrate outside the barn to protest the activities. The Atlanta press was very sympathetic and several TV stations covered our protest. The publicity was so effective that there never was a second "Dewey Henderson's Annual Animal Auction" in Atlanta. One week after the Atlanta auction a mountain lion, a Ben- gal tiger. a cougar and two bears were seized from an Atlanta MONKEYS ON THE BLOCK - PLE SE dOiN THE-PROTEST! by Shirley MeGreal pet-shop. where they were being kept in tiny cages in a stor- a..qe room. The pet shop owner. a man with a long history of a~imal abuse. had bought all the animals -';t the auction. IIPPL !iEWSI Auctions Continue Dewey Henderson's first exotic animal auction may have been the last. But sadly these ghastly auctions continue in other places. The Austin-based "Texas Animals" recently posted a list of upcoming auctions on the Intemet. Here are some of them. Lolli Brothers Alternative Livestock Auction This auction was scheduled for 9-13 April 1996 at Lolli Brothers Livestock Market, Highway 63 South, Macon. Mis- souri 63552. The description states: This is a 5-day auction, and will include all types of "caged" animals and alternative livestock. Exotic ani- mals to include deer, mini.horses and donkeys. zebras, llamas, camels, elk, etc. Loy's Sale Barn The event, described as an "Exotic Animal and Bird Auc- tion/' was to be held on 6 April 1996 at a location 8 miles east of Portland. Indiana. Exotic animals to be put on the block include: Buffalo. zebra, camel, ostrich. emu. elk. rhea. lla- mas. alpaca. deer. miniature horses and dohkeys. waterfowl. poultry and "caged' animals such as: Bears, big cats, monkeys, reptiles. etc. L.Cross Ranch Sale of Exotic Animals This event was held at Okeechobee. Florida, on 6 April 1996. Admission cost $20 per person. The announcement says. "No cameras or video-recording equipment:' Mid. Ohio Exotic Animal and Bird Auction This event was scheduled for 29-30 March. 1996 at Port Hope. Ohio. Animals to be offered for sale included: Caged birds waterfowl, peacocks. swans, repti{e~. monkeys, cats. lions, bears, exotic sheep. goats, rotre- donkeys, alpaca. pot.belly pigs. deer. elk, camel, ducks. geese, llamas. wallaby, emus. rheas, ostriches. buffalo, etc. G & T Exotics - Alternative livestock This auction set for 22-23 March in Lockwood, Missouri, was offering: Sheep and goats. caged animals and birds, rhea. os- trich. emu, llama. oryx. blesbok. zebra.fallow deer. axis deer. whitetail deer. yak, gemsbok. African hoofed stock, elk, deer, buffalo crosses. miniature horses and don- keys. buffalo. wallabies. kangaroos. etc. 5 April 1996 Barker-Gilchrest FairfieM Exotic Animal Auction This auction was held in Iowa from 28-31 March. It of- fered similar arereals to the other auctions. One day was entirely devoted to "large camivores." Noah's Ark Exotic Animal Auctions This auction is held in Hanceville. Alabama. on the first and third Saturday of each month. It offers: All types of exotic animalstcattle to include buffalo, camels. goats. caracals. cougars, emu, lions, tigers. servals, primates. reptiles, pot-belly pigs. caged fowl, waterfowl. sheep. miniature horses and donkeys. lla- mas, zebra. wallabies, ostrich. J and C ExoticAnimal and Bird Sale This sale was to be held on 9 and I IJ' March 1996 at Brundidge. Alabama. On 9 March'the following animals were to be auctioned: Caged animals. caged fowl, waterfowl, goats. sheep. primates. reptiles, etc. Mid-A merica Animal Auction, Cape Girardeau, Missouri This event, featured as a "Big Spring Sale," is to be held on 26-28 April 1996 at Flickerwood Arena, Jackson, Missis- sippi. It offers "lots and lots of primates." These events are appalling. Many animals die before be- ing sold. The auction halls are extremely noisy places with throngs of people milling around. The level of stress and terror for the animals "on the block" is immense. A Depar~/nem of Agriculture inspection report tells the sad fate of a monl~e~' offered for sale by John Anderson of Fort Lauderdale. Florida. at the "L-Cross Ranch" in Okeechobee, Florida. She noted: g46, Records (2.40)(b)(l and 2): a tamarin died. while under the licensee's control, at the June 1993 L- Cross auction. Pertinent information and circumstances are nor reflected in the facility's husbandry-medical records. #46 Records (2.75)(b)(1): the tamarin that died at the auction was not reflected in the "Disposition records" required by 2.75. Not only sales but all ani- mals that leave the licensee's control. premises, etc. must be entered in these records. Sale of primates at exotic animal auctions not only causes animals stress and suffering. but most will end up in the hands of unqualified people. I asked the Georgia wildlife agent why he was not asking people what qualifications they had to acquire monkeys, bears, etc. or how they intended tc house them. He was unable to provide an answer. He though the question strange. In addition. many primates carry diseases and should no be sold to amateurs. IPPL has contacted various govern ment agencies in ~he past about these events; we just don' understand how they can be allowed to continue. WHAT YOU CAN DO ABOUT EXOTIC ANIMAL AUCTIONS US and foreign readers are requested to send letters to: Mr. Dan GIickman Secretary of Agriculture Washington DC 20520, USA The Director Centers for Disease Control Atlanta GA 30303, USA Request that the sale of ALL wild animals at exotic animal auctions be banned because of the cruelty to the animals. Note the possibility that wild animals will fall into the hands of unquali- fied buyers unable to care for them properly, and emphasize the dangers of wild animals, including primates, causing injury to humans and infecting them with exotic animal diseases. Please re, quest Secretary Gllckman and the Director of the Centers for Disease Control to have inspectors present at all animal auctions and to prosecute any buyer or seller found to be in violation of any law or regulation. Note to overseas readers: please address your protests to the US addresses and also to the US Ambassador in the capital city of your country of residence. April 19! FAMILY HEALTH CENTRE C.A. SKAUGSTaD, M.D. SUSAN M. GOODNER, M.D. HARRIET J. ECHTERNaChT, M.D. NANCY HEERENS-KNUDSON, P.A. RalPH KNUDSON, M.D. LAUREN E. HANNA, M.D. 414 TENTH AVENUE P.O. BOX 5200 CORALVILLE, IOWA 52241 PHONE (319) 351-3196 September 30, 1996 ~embers of the Iowa City Gouncil Civic Center 410 E. Washington Iowa City~ IA 52240 Dear Members of the Iowa City x~unc~l, I thought it would be useful to summarize the casements I made at the Council meeting on 9/24/96 so that you could have something to refer to as you continue to deliberate the issue of pigeons kept in residential areas. Again, as a family physician in this community, my primary interest is the welfare of one of my patients. ~y secondary interest is the general health of our community in the future. In September of 1994, one of my patients came to our office with s.vmptoms of asthma after being in her backyard and exposed to foul-smelling, heavy air. from a pigeon coop in the neighbors' yard. Over the next several days she noticed consistent recurrence of symptoms if she spent time in her own backyard. I strongl.v suspected exposure and eensitization to orgaioic inhalants from the pigeons as the culprit. I referred her pulmonary and occupational diseases at the University of Iowa for confirmation. Dr. Pope ~osely~ who has since left the University of Iowa to be come CheirFerson of the Department of Pulmonsr~ Medicine elsewhere, evaluated my pstient and concurred with my conclusion based on her. histor~ of s.vmptom occurrence associated exclusively with her bock.var.d e~sur. es to the pigeon coop. He noted her. history of severe respiratory symptoms following brief periods of time spent in her backyard, which is a close proximity to the coop, but nowhere else. Measures of her. lung function during and between s.vmptomAtic episodes provided objective confirmation as did lab tests showing the presence of antibodies to a fondle commonly found in pigeon droppings. He reco~end. ed avoidance of the offending inhalants and suggested a diplomatic solution to the problem based on his findings and on the recommendations of an industrial hygienist whose report detailed the multiple opportunities for exposure. H5%,ersensitivity syndromes associated with pigeons ere common enough to have a name: "Pigeon Breeders Disease" or "Pigeon Fanciers" Disease". There are several levels at which symptoms may manifest. Some sensitized individuals develop an itchy, stuffy, rummy nose, itchy watery eyes, and sneezing, much like a t.vpical hayfever sufferer in Iowa in the fall. At the next level of severity are ~ople like my patient, ~ho develop asthma whenever exposed to the offending a.gent. Finally there can be progression to hypersensitivity pneumonitis, an inflammation of the lungs caused by repeated exposure to o~ganl, inhalAnts which can result in permanent scarring of lung tissue. The inhg. lants involved here are dried pigeon droppings. cells or d*nder from feathers and skin. and faces from mites that live on the birds. The dried pigeon droppings moy have AS much as half of their. comIx>sition made up of fungi and bacteria. and are a major culprit. All these inhalAnts Aerosolize r~pidly making a fence an impractical barrier. September 30~ 1996 Page 2 Studies of pigeon breeders done in the 1980's ~nd 1990's in Spain and Scotland demonstrated that up to 30% developed allergy symptoms such as hayfever suffers experience, about 20% developed asthma and cough, about 15% developed chronic bronchitis, and about 10% developed the most serious manifestation, hypersensitivity pneumonitis. ~ncreasing the exposure time and increasing the namber of pigeons was associated with increased risk. ~t is felt that these studies are an underestimate, as fanciers who develop symptoms early on would be more likely to give up their hobby and not be represented in these studies. Returning to the present problem, at this point my patient is symptomatic when she spends time in her o~n backyard. For her, the risk of continued exposure is progression to a potentially irreversible scarring h~ng disease. The medical treatment of choice is avoidance of the offending agent and that is my best advice to her. I certainly would not volt~nteer to buy her house in order to allo~-~ her to escape exposure. These hypersensitivity reactions which develop after repeated exposure to organic inhala~ts associated with pigeons don't happen to everyone, but neither are they tmcommon or trivial. My ~tient's situation is not just the odd and tnnusual reaction of one individual but a potential risk for anyone experiencing the degree of exposure her backyard is allowed to have. Thus anyone occupying her home in the future would be at risk for similar sensitization. Once again I would like to make myself available if any Council members have questions that I can answer or would like to discuss medical issues further. Sincerely, Susan M. Goodnet, M.D. SMG/ss Date: Wed, 2 Oct 1996 14:12:59 -0600 From: Benn Dunnington <bdunning@ccad.uiowa.edu> To: Mkarr@blue.weeg.uiowa.edu, bakerl@blue.weeg.uiowa.edu, daily-iowan@uiowa.edu, kkubby@blue.weeg.uiowa.edu, denorton@blue.weeg.uiowa.edu Subject: Shaw Aftermath Concerns Oct. 2, 1996 OPEN LETTER TO IOWA CITY COUNCIL In the aftermath of the sad and as yet unexplained events resulting in Eric Shaw's death, I continue to be troubled by a number of recent developments. It is a fact of life that accidents happen, and good people are sometimes injured or even killed by otherwise good people making mistakes or failing at some skill. Pilots forget to put flaps down, doctors make the wrong diagnosis etc. As a community, we can accept that some of these mishaps are ultimately unavoidable, and of course we should always try to learn what went wrong and make all reasonable efforts to change any policies, procedures, or training that could prevent such failures in the future. What is not so easy to accept are the attitudes and activities of various public officials in responding to these events. First there was the initial butt-covering and head-ducking during which City officials built a wall of unresponsiveness and mistrust, keeping the public at bay as the City Attorney apparently advised all to keep quiet while at the same time spending unauthorized tax dollars to pre-emptively hire defensive lawyers and investigators. Then there were the lame Mayor Novick who further between "condolence" and and belated "condolences" offered to the Shaws by shamed us all by nit-picking over the distinctions "apology". Next we were treated to a televised upbraiding by Councilor Thorneberry of Councilor Kubby consisting of mostly mistaken allegations regarding the latter's conduct surrounding the Shaw issue. And while it may be argued that visibly applauding specific comments made by citizens is not at the highest level of diplomatic decorum, Ms. Kubby seems to be one of the few councilors more interested in keeping touch with the community during this crisis than in protecting her political "image" and personal interests. Indeed, Kubby's moral courage, clarity of thought and lack of obsessive self-protection are traits the rest of Council might emulate occasionally. Now, after being told to be patient and wait for the facts to come in, we learn that both the ICPD internal investigation and the recent DCI investigation will be "confidential" reports not available to the public with only selected excerpts or paraphrased summaries (deemed "appropriate") made available. Furthermore, these investigations seem to be going through a multi-stage filtering process, from investigators to City Manager and City Attorney who decide what to pass on to City Council who will then decide what to pass on to the public, and from DCI investigators to County Attorney White who will decide what is suitable for public examination. These layers of government "editing" along with numerous recent "closed door" Council sessions threaten to unravel whatever trust remains between the citizens of Iowa City and their elected and appointed officials. Officer Gillaspie's resignation Wednesday morning will not magically 337o resolve this deeper problem. When I watched the Sept. 10 City Council meeting I was initially appalled at the "lynch-mob" atmosphere and some of the comments that citizens (including some friends and acquaintances) were making about a "police state" and "occupation forces". Lately I am wondering if they weren't closer to the truth than I have so far been willing to concede. The public needs to have access to -all- the facts appearance of censorship or cover-up at this time, well-meaning, will be disastrous. in this case. Any regardless of how Sincerely, -Benn Dunnington 1422 E. College St. Iowa City, IA 52245 (319) 338-3747 Benn Dunnington/Media Coordinator Center for Computer Aided Design The University of Iowa 316 IATL/Iowa City, IA 52242-1000 bdunning@ccad.uiowa.edu (319) 335-2481 (fax: 335-3380) http://www.ccad.uiowa.edu/ http://www.ccad.uiowa.edu/~bdunning/ Date: Wed, 2 Oct 1996 14:35:22 -0600 From: Benn Dunnington <bdunning@ccad.uiowa.edu> To: Mkarr@blue.weeg.uiowa.edu, bakerl@blue.weeg.uiowa.edu, daily-iowan@uiowa.edu, kkubby@blue.weeg.uiowa.edu, denorton@blue.weeg.uiowa.edu Subject: Correction In my previous letter I referred to Officer Gillaspie's resignation "Wednesday,, morning. It should read "Tuesday" morning. Thank you, -Benn Dunnington Benn Dunnington/Media Coordinator Center for Computer Aided Design The University of Iowa 316 IATL/Iowa City, IA 52242-1000 bdunning@ccad.uiowa.edu (319) 335-2481 (fax: 335-3380) http://www.ccad.uiowa.edu/ http://www.ccad.uiowa.edu/~bdunning/ September 19, 1996 Dear Mayor and City Council: We watched the public heatings on television Tuesday, September 10, deeply concerned and disturbed about the senseless killing of Eric Shaw at the hand of an Iowa City police officer, watching to see how our City Leaders would respond to this tragedy. We were proud of the citizens who spoke that night --- they asked the questions, expressed the emotions, and suggested the solutions that were on our minds. We witnessed democracy in action; the people petitioning their government on behalf of the common good. For the record, we would like to state that we are two more citizens who support: 1. Creation of a Cifzen's Review Board of the police department and complaints against the same. 2. Review of the policy that allows police to carry guns, especially in the downtown area. 3. Review of the culture of the police department under Chief Winldehake's watch, with the possibility of requiting his resignation. 4. Immediate termination of the officer who killed Eric Shaw, and any others who have used unnecessary excessive force while on duty. 5. Sending of official condolances and apologies to the parent's of Eric Shaw. At the same time, we would like to state that we were appalled at the lack of leadership in response to this tragic event. Only Councilperson Kubby seemed to "get it." Everyone else seemed a~lecp at the wheel. We hope you will rectify your befi~ddlemeut by moving ahead quickly to ereate a Citizen's Review Board that can begin to heal the rift of mistrust that has been ripped open between the citizens and the police. We do not believe all police are bad, or any simplistic drivel like that. However, we do believe that the police are employees of the taxpayers and should be guided by the community's values and interests. When they are insulated from the concerns of the community, they can become callous and even dangerous. Something has been allowed to go seriously, tragically, wrong here and the root causes need to be recognized and addressed quickly. Sincerely yours, Steve Hendrix and Dianne Kaufman 738 Dearborn Iowa City, IA 52240 : 371 RECEIVEB SEP 3 0 1996 To City Council of Iowa City: Afterthoughts: To be remembered when the next community tragedy occurs. Quote from article in Press Citizen 9-27-96: "And whenever there is a national tragedy -- the explosion of TWA Flight 800, the bombing in Oklahoma City -- the president leads the country in prayer." Perhaps if one of our leaders - political or religious - had called a citywide prayer service in the aftermath of the Shaw killing - and we had prayed together for comfort, for wisdom and for patience, and we had shared our shock, our grief, our disbelief, and our fears. NOTICE: PURCHASE OF EQUIPMENT CITY OF IOWA CITY In accordance with Iowa Code Section 28E.20 JOINT PURCHASES OF EQUIPMENT, the City of Iowa City is giving notice of intent to purchase one or more items or accessories or attachments to equipment, the total cost of which is estimated to be $50,000 or more. The following political subdMsions ~vcre contacted September 25, 1996. City of Coralville-City Clerk Johnson County Board of Supervisors-Chair Iowa City Community School District-Business Office EQUIPMENT TO BE PURCHASED IN FY97: 2 (uvo) I (one) 5 (five) I (one) I (one) I (one) 2(two) ton dump trucks .letter Vac Marked Squads Motor Grader Landfill Compactor Landfill Scraper Cathanne W. Eisenhofer, CPPO Purchasing Agent (319) 356-5075 cc: CiW Council RECEIVEI] SEP 2 lgg6 Richard F. Dolezal 1111 Marcy Street Iowa City, IA 52240-3330 September 26, 1996 City Council Members City of Iowa City Civic Center, 410 E. Washington St. Iowa City, Iowa 52240 Dear Council Members, My wife and I have a prior commitment that requires we be out oftown from October 9th through October 21st. Since I am the person who requested the Council revisit the issue of Oakland Cemetery exspansion, I think it would be appropriate if I could be present when a public hearing is scheduled on this issue. I am requesting that any public hearing on the Oakland Cemetery issue be scheduled prior to October 9th or after our retrain on October 21 st. Thank you. Sincerely, Richard F. Dolezal ~ / Mayor Naomi J. Novick 306 Mullin Ave. Io~va City, IA 52246 Re: Police Citizen Review Board Date: October4, 1996 Dear Mrs Novick: This is a follow up on the Council meeting of Oct. 2 in which you continued to fine tnne the plan for the establishing a police citizen's review board (the "PCRB" or the "board"). I think the project that is emerging will be well received by the community. In this letter, I merely want to highlight a couple of points that I think could benefit from emphasis in the proposed ordinance and to raise a few issues that you may want to consider 1. I think the community will better understand what your are doing if the ordinance were more explicit about the multiple goals of citizen review. The following is a suggestion: The goals of this ordinance are to: I. To establish procedures that ensure meaningful citizen input into the resolution of citizen complaints of misconduct on the part of Iowa City ~lice department l~ersonnel: 2. To establish procedures that provide meaningful citizen oversight of police policy, customs, and practices: 3. To maintain public confidence in the police department and the PCRB; and 4. To support the effectiveness of police.policy management by providinq the volice department, the city manager. city council, and the public systematic feedback from the community on the effectiveness and professionalism of the Iowa City police department. 2. I think that the purposes provision of the legislation could be more explicit in granting specific powers and responsibilities to the PCRB. The following are some possibilities: l. To investigate. either in cooperation with the police department (the department) or on its own behalf, individual cases involving citizen complaints of police misconduct, to review the results of internal police department investit~ations and propos_e.d findings and disciplinary recommendations of the Chic£ of Police (CP), to request additional information from the department, and to make recommendations to the Chie£ofPolice (CP); 2. To conduct hearings and investigations under oath: 3. To subpoena documents and witness as the need arises; 4. To mediate and conciliate citizen complaints: 5. In the exercise of its policy oversight function, to investigate and review police department policies, customs, and practices both in general and in specific cases: and 6. To collect. maintain, and analyze data needed to carry. out both its adiudicato~ and policy advisory functions. 3. On the issue of the jurisdiction of the board, Berkeley CA considers relevant any complaint relating to the police. I prefer the Minneapolis approach which limits jurisdiction to allegations that fall under the following headings: Excessive use of force, inappropriate language or attitude, harassment, discrimination in the provision of police services, theft, and failure to provide police protection: 4. Concerning the investigation of the department and the recommendations of the Chief of Police, I think them needs to be detail in the ordinance concerning the CP's decision making responsibilities so as to provide an adequate basis for review of the CP's decision by the PCRB. I recommend language along the following lines: The CP will present his finding and recommendations to the PCRB in sufficient detail to enable the PCRB to conduct a meaningful review. Specifically they will include: 2 (a) detailed findings of fact concerning~the incident, including the background and employment record ofthe officer(s) involved, the demographics of all persons involved in the incident, and the impact of the incident on all persons involved; (b) identification, with specificiw, of the laws, policies, rules, and customs implicated by the complaint; (c) whether and why the evidence supports a finding of police misconduct: (d) if there is a finding of police misconduct, the discipline recommended, with a rationale that includes reference to the disciplinary outcomes in recent comparable cases. .5. The procedures outlining the respective responsibilities of the board and the CP w/11 be best understood in the community if they are spelled out in detail. In my opinion, the credibility of the system will turn significantly on the public's awareness of(a) the opportunity of the parties (officer or complainant) to request action by the board, including the conduct of hearings, (b) the authority and power of the PCRB to investigate and make recommendations concerning misconduct and discipline, and (c) a right of appeal by a party from the final decision of the CP. I consider these procedural protections important because the proposed system gives the police department both primary responsibility for the initial investigation and final decision making authori .ty, in the absence of an appeal. You may want to consider language along the following lines: Upon receipt of the report of the CP, the PCRB w/11, w/thin seven days, serve a copv of the report on the parties, who will within 20 days, have the oppormniry to submit to the Board in wfitin~ a request that the Board: 1. Conduct further independent investigation: 2. Request additional information from the Department, 3.. Conduct an evidentiary hearing; CP. 4,. Recommend a modification of a findings and/or recommendation ofthe In all cases, the board shall communicate to the CP either its concurrance in his findings and recommendations, or its independent findinqs of fact and recommendations concerning the case: 3 The Board will issue its findings of fact and recommendations concerning the allegations of misconduct and possible discipline in sufficient detail to allow fora meaningful appellate review if either party takes that course ofaction. If the CP, in his final decision, disagrees w/th any finding or recommendation of the board, he shall/dentin in writing his reasons for the disagreement with sufficient particularity to allow for meaningful appellate review. 6. On the subject ofappeals Since it appears that an appeal to the civil service commission is not legally feasible, it may be best to provide for a possible appeal by either party to the city manager, or initially to the to the city Council, which could make a recommendation to the city manager. A role for city council in the process would give some meaning to Pat White's suggestion that city council is the "ultimate" citizen's ~eview board. Z I think the public's understanding of the system xvould be enhanced if the ordinance made quite explicit the responsibilities of the Board concerning police department policy generally The following is some possible language. I. The PCRB shall from time to time, review police policy, custom and practices and make recommendations to the CP, city manager, and city council relating thereto. In the course of such reviews. the Board shall, in its discretion: a. Conduct investigations and hear/ngs, b. Produce and compile data. findings, reports, and recommendations. 2. The police department will cooperate in the conduct ofsuch investigations, subject only to confidentiality limits established by law The failure of police department ~ersonnel to cooerate in such investigations will be the basis for departmental discipline. Monitoring and Data Collection Responsibilities. The PCRB will collect and morntot information on the citizen complaints it receives and processes, including such matters as the nature of the complaint. the location of the occurrence, the demographics and status of the parties (e.e. a,,e, race, sex. occupation, experience), within the confidentiality limits proscribed by law. From time to time, but at least annually, the PCRB will report to the city government and the public (a) a budget report and (b) a statistical summary of the cases it 4 has processed, including amonR other thin~s: filin~s by case category, the recommendations of the CP, appeals to the Board, proceeding before the Board, recommendations of the Board, appeals, final dispositions, and overall substantiation rates. 8. Some other issuers you may want to consider include: a. should the board have its own legal counsel? b. should the city provide legal counsel for complainants who think they need assistance and are indigent? c. should a pledge ofcooperation with the Board be a condition of employment for newly hired officers? d. in terms of making the process open and accessible, what laws and policies conceming confidentiality need to be accommodated? e. would it be desirable to establish a citizen task force to monitor the affairs of the PCRB? cc: S. Arkins, City Manager L. Woito, City Attorney Sincerely yours, David Baldus 338 4071(h) 335 9012(o) 5 ~/'r'l'l ~l'r'l r 'rl ¢ ¢ ¢ C £ £ C ( ( JUN00 f~ Z ( ( ( ( ( ( J. H3U,LS JUH811~) FOLLOWING IS BEST DOCUMENT AVAILABLE C :( ( (.- ( ;,; . __ '""i,?"'a,. :... 0 0 0 0 O. O ' I II 0 0 0 0 I October 8,1996 r CITY OF I0 WA CITY Don Sehr, Chair Johnson County Board of Supervisors 913 S. Dubuque. St. Iowa City, IA 52240 Dear Don and Members of the Board: An application has been submitted to Johnson County by Jim Anderson to rezone 38.22 acres from A1, Agricultural, to RS-3, Suburban Residential. The property is located in Fdnge Area A on the west side of Praide du Chien Road, approximately 1/4 mile north of its intersection with Newport Road. At its September 19, 1996, meeting, the Planning & Zoning Commission recommended, by a vote of 6-0, that the City Council forward a comment to the County Board of Supervisors recommending that the request to rezone this property be approved. The Commission feels that the proposed rezoning is in conformance with the new Fdnge Area Agreement for Area A. However, the Commission does encourage the applicant to consult the policies of the Johnson County North Corddor Development Plan regarding the preservation of open space, natural features and wildlife habitat, and to incorporate these features in the preliminary plat for this property to the extent possible. Council agrees with the recommendation of the Planning & Zoning Commission, and therefore respectfully forwards a comment to the Board recommending that the request to rezone 38.22 acres from A1 to RS-3 be approved, and that the applicant be encouraged to consult the policies of the North Corridor Plan regarding the preservation of open space, natural features and wildlife habitat, and to incorporate these features in the preliminary plat for this property. Sincerely, Naomi J. Novick Mayor 410 lAST W^$HINOTO?I STREET · IOWA CITY. IOWA 52240-1 $26 · (319) 3:S6-5000 · FAX (319} 356-5009 October 8, 1996 Don Sehr, Johnson County 913 S. Dubuque St. Iowa City, IA 52240 rd of Supervisors OIlIOWA CITY Dear Don and Members ~e Board: An application has been from A1, Agricultural, to RS-3, A on the west side of Prairie du with Newport Road. )hn~ by Jim Anderson to rezone 38.22 acres The property is located in Fdnge Area approximately 1/4 mile north of its intersection At its September 19, 1996, meetin vote of 6-0, that the City recommending that the re¢ that the proposed rezoning is i However, the Commission de County North Corridor Dev( features and wildlife property to the extent pc Plan and to incol Planning & Zoning Commission recommended, by a a comment to the County Board of Supervisors property be approved. The Commission feels with the new Fringe Area Agreement for Area A. applicant to consult the policies of the Johnson ~rding the preservation of open space, natural these features in the preliminary plat for this Council agrees with respectfully forwards acres from A1 to R', policies of the and wildlife habi to the extent ~le. ing & Zoning Commission, and therefore :nding that the request to rezone 38.22 be approved. and that the be encouraged to consult the Plan regarding the of open space, natural features to incorporate these features in preliminary plat for this property Sincerely, Naomi J. Mayor City of Iowa City MEMORANDUM Date: To: From: Re: September 19, 1996 Planning and Zoning Commission Scott Kugler, Associate Planner CZ9445. Wescott Rez0ning Request - Prairie du Chien Road. In September 1994, the Commission reviewed for the first time an application filed by Albert and Shirley Wescott to fezone approximately 38.22 acres located on the west side of Prairie du Chien Road, approximately ~ mile north of Newport Road, from A1, Agricultural, to RS-3, Suburban Residential. Because of its conflict with the Fringe Area Agreement in place at that time and staff concerns about the design of the applicants' concept plan, the application was deferred pending the adoption of a revised Fringe Area Agreement. In January of 1996 the application was revived by contract purchaser Jim Anderson. The Commission and City Council recommended denial of the application, and the County again deferred action on the rezoning pending the adoption of a revised Fringe Area Agreement. Now that a revised Fringe Area Agreement has been adopted, the applicants wish to proceed with the rezoning application. This property now lies within Fringe Area A under the new agreement. The Fringe Area Land Use Map indicates that Fringe Area A is generally appropriate for residential development at RS-3 (one unit per three acres) or RS (one unit per acre if a cluster development is done) densities. £i~,~ Fringe Area A Development Policies state that rezonings to RS-3 for residential development will be considered on a case-by-case basis in this area. Cluster development which preserves large tracts of open space, including environmentally sensitive areas, is encouraged by allowing rezonings to RS at the applicant's request. In this case the applicants have not chosen the higher density zoning. A number of the goals and objectives ccntained in the Johnson County North Corridor Development Plan are aimed at protecting ~.wironmentally sensitive features, such as wooded areas and steep hillsides, by incorporating them into common open spaces or conservation areas. The subdivision concept plan that was submitted with this rezoning request does not specify the reservation of open space or preservation of natural areas. The concept plan does indicate that the roads will generally follow ridge tops and avoid the wooded ravines present on the property, however. The applicant is encouraged to consult the policies of the North Corridor Plan regarding the preservation of open space, natural features, and wildlife habitat and incorporate these features in the preliminary plat for this property to the extent possible. STAFF RECOMMENDATION: Staff recommends that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ944~, a request to fezone approximately 38.22 acres located on the west side of Prairie du Chien Road, approximately Y~ miles north of Newport Road, be approved. ATTACHMENTS: 1. Location map. 2. Concapt plan. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development L. OCATION HAP I , · FOLLOWING IS BEST DOCUMENT AVAILABLE