Neighbors petition against council’s location for animal control facility

Newton citizens living near the old Maytag landfill site said they should have been contacted before council members decided to use the property for the city’s animal control facility, prompting several neighbors to attend the Oct. 21 council meeting to complain and urge officials to reconsider their vote on the matter.

Bryan Moomaw, a Newton resident who presented the petition, strongly opposes the city’s plan to construct the shelter at 707 W. Ninth St. N. He worries the kennels will decrease property values and overly increase traffic in the neighborhood. He asked the council to consider an alternative location.

“How would you like to have this in your backyard?” Moomaw asked.

Connie Grimes, a Newton resident who also lives on the same street as the animal control facility site, noted the potential hazards the city may come across at the former landfill site. She recited a letter from the Iowa Department of Natural Resources sent to the City of Newton that suggested using precautions.

For instance, the water line connecting to the animal control facility must be made of a material that is impermeable to chemicals. Grimes said a detail from the DNR letter had been omitted from the city’s documents, specifically regarding a buried holding tank. Grimes ultimately felt like this project was being rushed.

“I informed the DNR about the tank, and they didn’t know anything about it,” she said. “So they have to come down and have to probe for it.”

According to city documents, the proposed site is about 14 acres.

Newton City Administrator Matt Muckler told Newton News there were two main reasons why staff was under no obligation to notify neighbors directly about the animal kennel location: 1) Staff was not recommending the land be rezoned and 2) Staff did not contact neighbors when Parkview took over sheltering services.

By comparison, Parkview is within several feet of businesses and residences, but the nearest neighbor at the old Maytag landfill site is more than 200 feet away.

“If you go out 600 feet from Parkview, you hit 50 residences and 11 businesses,” Muckler said. “We didn’t ask permission from 50 different residents and 11 businesses to locate our animal control facility, given it was already a veterinary clinic. But part of what they did for the city is they expanded their kennel space.”

No businesses are within 600 feet of the new animal control facility site. But there are 17 residences. Muckler argued the city is transitioning its animal control from a more densely populated area to a much less densely populated area. He said the neighbors will not experience any noise or smells or even notice it is there.

Even though the Oct. 7 city council agenda — which included the action for the final location of the animal control facility — was published three days before, neighbors wanted to be contacted directly of the city’s intentions. In response, they filed a petition with more than 170 signatures asking for a different site.

They may just get their wish. According to the city clerk, the council is set to convene for a special meeting at 11 a.m. Friday, Oct. 25 to consider a location at Westwood Golf Course instead.

Editor’s note: City council members unanimously voted against having the kennel near the golf course.

While many neighbors did not disagree with the idea of the city building a kennel, they mostly did not want it near their homes.

Prior to the complaints expressed at the city council meeting, a detailed letter was sent to residents by Captain Chris Wing of the Newton Police Department. The letter explained why the city needed the animal control facility in the first place and the special city council meeting that followed to kickstart the project.

The letter was also upfront about the challenges with the property being on the Iowa Registry of Hazardous Waste or Hazardous Disposal Sites since 1984, and it included communications from DNR staff that show the city would comply with the suggestions from the state agency.

It is clear from the DNR that no substantial changes can be made to the site. In Wing’s letter, he said substantial changes would include residential use, commercial properties where people work, placement of wells or excavation for things like basements or foundations.

Since there will be no excavation related with the animal control facility and the concrete pad it will reside on, the city does not consider this substantial. The pad for the kennel must also include an impermeable vapor barrier, and contaminated soil needs to be dealt with in a legal manner and the DNR needs informed.

Also included in Wing’s letter to neighbors was a rough timeline for when the kennel and all of its components would be constructed or installed. He also answered frequently asked questions. Here are some of Wing’s responses to specific issues brought up by residents:

• Distance between kennel and residences — “Based on the current proposed location, the kennel would be 250-275 feet from the nearest single residence. All other residences are at least 410 feet from the proposed site of the kennel. The current Parkview Animal Hospital facility is 70 feet from the closest residence.”

• Dogs will be outside and make noise — “The dogs would not be outside very often. The proposed facility is for temporary confinement until the animal is able to be transferred to a shelter or be reclaimed. Outside time will be limited to when their kennel is being cleaned … Noise levels shouldn’t be a significant concern.”

• Why isn’t the city required to clean the site? — “If the city intended to allow this property to be developed for the potential uses mentioned above, then we would have to go through a process to obtain environmental covenants. Prior to being given those covenants, we would have to complete cleanup activities.”

• Residents should have been contacted — “This property is zoned agriculture, thus there was not an approval and notification process through planning and zoning that is required by city code. Staff understands the importance of being a good neighbor and will … work with the neighborhood to mitigate disruptions.”

• Number of dogs at facility — “There could be three to four dogs in their facility at any given time or there could be zero. There is not a consistent pattern of when dogs are in the facility. Dogs that are not claimed after seven days are take to the ARL of Iowa for adoption. The average stay time … is 48 to 72 hours.”

• Community service officers will be overwhelmed — “We do expect our CSOs to manage this facility under the direction of the police captain, and this approach will reduce the city’s reliance on general fund taxpayer dollars to the highest extent possible.”

• Hiring a part-time employee— “At the direction of city council, the city will be proposing a part-time kennel attendant position that would average 10 to 15 hours per week. The police department also is working with the Newton High School for internship opportunities with students interested in veterinary careers.”