HomeMy WebLinkAbout1996-10-08 Info PacketINFORMATION PACKET
October 4, 1996
OCTOBER 7 WORK SESSION AGENDA ITEMS
IP1
IP2
Memorandum from Director, Planning & Community Development: Parking Impact Fee &
Parking Facility Location Near Southside
Memorandum from Council Member Baker: Changes in State Election Laws
MISCELLANEOUS ITEMS
IP3
IP4
IP5
IP6
IP7
IP8
IP9
IP10
IP1 1
IP12
IP13
IP14
IP15
IP16
Memorandum from City Manager:
Memorandum from City Attorney:
Regarding Police Citizen Review Board
Memorandum from Assistant City Attorney:
Ordinance
Sensitive Areas Ordinance - Water Plant Project --~
Information from Professor Baldus, College of Law,
Update on the Proposed Animal Control~.~L/!
Status of Railroad Crossing at Clinton and,~/-~
Memorandum from Assistant City Attorney:
Lafayette
Memorandum from Finance Director: Water and Wastewater Rate Increase for March 1. ?jL~
1997
Memorandum from City Clerk: Proposed Meeting Schedule for Remainder of the Year_.~
Memorandum from City Clerk: Quorum Attendance
Memorandum from City Clerk: 1996 Congress of Cities
Memorandum from City Clerk: Access Local Government
Memorandum from City Clerk: Council Work Session - September 23, 1996
Memorandum from City Clerk: Council Work Session - September 30, 1996
Memorandum from Finance Director to City Manager:
of Yard Waste Bags and Recycling Containers
Note from Mayor to Lt. Sellers: Internal Investigation
Note from Mayor to Lt. Fort: Internal Investigation
State of Iowa Sales Tax on Sale
IP17
Memorandum from Director Public Works to City Manager:
Part I11 - Sanitary Sewer Tap-On Fee
Galway Hills Subdivision,
IP 18
IP 1 g
IP20
IP21
IP22
IP23
IP24
IP25
IP26
IP27
IP28
IP29
Letter from City Manager to Kirk Deutsch: Traffic Violation
Memorandum from City Engineer to City Manager: City Architect/Energy Coordinator ._~L~q?.
Letter from Monday Forum to City Manager: Graffiti in Downtown Iowa City
Letter from Edwin Barker to City Manager: Silurian Wells
Letter from Jill Routier to Police Chief: Police Department
Letter from Ansel Chapman to Police Chief: Police Department
Letter from Director Parking and Transit to Julie Fuhrmeister (in addition to her letter):
West Slde Drive Y ;L,
Letter from Community Development Coordinator to iowa City Residents: Communi~qs~
Houeing Forum
Letter from Housing Administrator to John Phillips: 1996 Public Housing Management
Assessment I~ogram (PHMAP) ~ ~,~L~
Email from John Nesbitt to jc-news: Citizen Participation Real Issue in Kubby Rhubarb 3 .~_~.~.
September1996 Bullding PermE Information
Highlight of Safe DrinkingWater Act S-1316 (Atkins)
Memo from City Attorney regarding partial litigation update.
Agenda for the 10/8 Informal meeting of the Board of Supervisors.
Summary of Internal Affairs Investigation - the Death of Eric Shaw.
Information regarding Clean-up, Battery-up Day 11/2/96.
3q D ,
2
October 4, 1996 Information Packet
City of Iowa City
MEMORANDUM
To: City Council - ,
From: Karin Franklin, Director, P
Re: Work Session Items: Parking Impact Fee & Parking Facility Location Near Southside
Enclosed, as background for your discussion at the work session October 7th, are two items. The
first is a fact sheet regarding the incentives and regulatory mechanisms that were put in place for
the Near Southside. On page two of the fact sheet is a synopsis of the Parking Facility Impact
Fee.
The second item is a memorandum from Jeff Davidson to the City Council in 1994 outlining the
rationale for the location of the proposed parking facility at the St. Patrick's Church parking lot
site.
cc: City Manager
k'nTfTank103.Wp5
NEAR SOUTHSIDE
REDEVELOPMENT STRATEGIES
Fact Sheet
On December 13, 1994 the City Council of Iowa City adopted a number of measures to carry out
the Near Southside Neighborhood Redevelopment Plan. These measures are intended to
stimulate commercial and residential development in t~vo separate parts of the Near Southside,
ensure the provision of adequate parking in the area, provide for a public/private sharing of the
finandal burden for parking, and provide for public and private improvements consistent with
a cohesive visual image of the Southside neighborhood.
TAX ABATEMENT:
2 districts; abatement over 3-10 years from date of application, depending upon schedule of
abatemen! chosen.
COMMERCIAL URBAN REVITALIZATION AREA: properties between Court and
Burlington streets and along Gilbert Street, zoned CtLS.
Qualifying properties:
a minimum of 3 stories of non-residential development
new construction that doesn't replace historic or
architecturally significant properties
rehabilitation & additions to historic & architecturally
significant structures
increase of at least 15% in assessed value
RESIDENTIAL URBAN REV1TALIZATION AREA: most properties south of Court Street
zoned PRM and C1L2.
Qualifying properties:
- residential development for low to moderate income
households
-new construction that doesn't replace historic or
architecturally significant properties
- rehabilitation & additions to historic & architecturally
significant structures
- increase of at least 15% in assessed value
(Over)
PARKING FACILITY IMPACT FEE:
applies to entire 20 block area except for commercially zoned properties south of Prentiss Street.
Revenue from the impact fee will be used by the City to provide parking in the Near Southside.
Elements
of fee:
Commercial uses must pay, at a minimum, $2000/space equivalent to 75% of
required spaces (Required spaces generally equal 1 space/1200 square feet of
floor area), regardless of the number of spaces provided on-site.
· Commercial uses may provide up to 50% of required spaces on site.
· Commercial uses may pay a fee equivalent to 100% of spaces required and
provide no spaces on-site.
Residential uses m. ust pay, at a minimum, $4000/space equivalent to 50% of
required spaces (required spaces are determined by the number of bedrooms
per unit), regardless of the number of spaces provided on-site.
· Residential uses must provide 50% of required spaces on site, but may
provide 100% on site.
· The price per space will be adjusted annually to reflect inflation.
DESIGN PLAN:
A consultant will be hired to complete a plan for the entire 20 block area; to be completed by
12/31/95. The consultant will work with a citizen advisory group.
Features of the design plan: · Provide public spaces for people to congregate (may or may not include
closure of public streets).
· Improvements to encourage pedestrians and bicyclists.
· Provisions for public art.
· Mixed use development south of Court Street.
· Zoning changes to create a "unifying sense of place."
· The design plan will include public and private property.
REINVESTMENT OF PUBLIC FUNDS IN NEAR SOUTHSIDE:
The City Council intends to invest public dollars equal to a minimum of 75% of the tax revenue
collected on the increased value of projects in the tax abatement program. This investment will
be in public improvements to the Near Southside.
If you wish to pursue a project in the Near Southside, please contact the following City staff for
assistance:
David Schoon, Economic Development Coordinator - 356-5236
Karm Franklin, Director of Planning - 356-5232
Jeff Davidson, Assistant Director of Plakming - 356-5252
ppddir\strategy.nss
City of Iowa City
MEMORANDUM
Date:
September 7, 1994
To:
Mayor, City Council
From:
Re:
Jeff Davidson, Assistant Director, Department of Planning and Community Develop-
Proposed Parking Facility Site in Near Southside Redevelopment Area
At your August 29 work session you asked for additional information regarding how the St. Patrick's
chumh parking lot site was selected as the favored location for a City parking facility in the Near
Southside redevelopment area. Joe Fowler and I investigated several alternative sites, and
summarized our analysis of alternative locations in a memo to the City Manager dated 2/12/94.
The St. Patrick's church parking lot site was evaluated along with Block 102 (Hieronymus), and the
Federal Building parking lot. We recommended proceeding with the St. Patrick's church parking lot
site due to the following factors:
Good location to serve potential short-term redevelopment sites in the Near Southside
redevelopment area (refer to page 8 of the Near Southside redevelopment plan).
Good accessibility to projects which have already paid into the parking impact fee fund.
Good location for long-term permit use by office development in the CB-10 zone and
surrounding area.
The facility could be constructed incrementally.
The site will allow accessory uses on the ground floor such as a daycare center or recreation
space. It could also provide a location for the parish hall as long as St. Pat's stays at its
present location.
The Hieronymus block was seen as a favorable Ioc~ion, but a major parking facility is not consistent
with the current owner's redevelopment plans. It is a site which already has a high concentration of
parldng in the vicinity, and would not be convenient to other locations in the Near Southside
redevelopment area further south and east.
The Federal Building parking lot is also a reasonable site, but it is a less favorable location for serving
potential short-term redevelopment sites in the Near Southside redevelopment area, and is less
convenient to those properties which have already contributed to the parking impact fee fund. Use
of the federal lot might require acquisition of residential properties along Capitol Street. At one time
it was perceived as difficult to acquire or lease property from the General Services Administration,
although it appears they are now more inclined to work with us.
Our recommendation for construction of a City parking facility on the St. Pat's site includes installing
20¢ parking meters on Court and Linn Streets. Let Joe or me know if you have any questions
regarding this mat~er.
cc: Joe Fowler
Steve Atkins
Karin Franklin
David Schoon
4/4/96
TO:
City Council
From:
Larry Baker
Re:
Changes in state election laws
As part of my previous memo to you about the sales tax, I was going
to suggest that Iowa City do a mail-only ballot, much like the
state of Oregon did recently in its special senate election.
However, in a discussion with the County Auditor it became clear
that such a process was clearly not permissible under present Iowa
Code. The Auditor thought it was a good idea, but not feasible at
this time.
As much as I have some personal reservations about such a process;
the advantages it offers have substantial merit. Thus, I will be
contacting various state legislators about the possibility of
amending state law to allow mail-only balloting, at least at the
local level.
The purpose of this memo is to inform you of my personal
intentions. I wanted to make it clear that even though I first
considered this idea in conjunction with the sales tax issue, that
is not my present rationale. Direct mail balloting and the sales
tax are separate debates.
I would hope that a majority of the Council would also support such
a revision in state code and would be willing to endorse such a
change through a formal letter to the appropriate state officials.
I emphasize: this is an effort to make it possible for
municipalities to do mail-only balloting---not to make it required.
If you have any questions, I will certainly be glad to discuss
those with you. Thanks for your consideration.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 3, 1996
City Council
City Manager
Sensitive Areas Ordinanco Water Plant Project
With the adoption of the Sensitive Areas Ordinance in December 1995 construction and
development projects in the City are to be reviewed with respect to the impact on environmentally
sensitive areas. The City Council, by resolution, has directed that the City, with respect to our
projects, also comply with the Sensitive Areas Ordinance. The original design of the water plant
and its related facilities was done prior to the adoption of that ordinance and therefore the
consulting contract will necessarily have to be amended. We have negotiated a change in the
engineering services associated with the water plant project and the necessity to comply with the
sensitive areas ordinance.
The cost for this additional engineering service will be $48,700. It will involve all the pertinent
issues in the ordinance and the consulting firm, HR Green, has been instructed of our interest in
full compliance.
cc: Director of Public Works
City of Iowa City
MEMORANDUM
Date: October3, 1996
To:
From:
Re:
The Honorable Mayor Naomi J. Novick and Members of the City Council
Linda Newman Woito, City Attorney ~
Information from Professor Baldus, College of Law, Regarding Police Citizen Review
Board
Attached please find the information sent to me via fax last week. It was my understanding that
the information was being forwarded directly to all City Council Members, so did not provide you
with a copy earlier.
There are some helpful points of discussion in this memo, and Steve and I will be working
together on another draft of the proposed composition and procedures of the PCRB.
Attachment
CO:
City Clerk
City Manager
Assistant City Manager
Dennis Mitchell, Assistant City Attorney
To~
From:
Stephen Atkins, City Manager and Linda Woito,
City Attorney, City of Iowa City
David Baldus, College of Law
PCRB Language
Date:
September 30, 1996
Thanks for sending your 9/27/96 draft. I believe it has the beginnings
of what is needed. This memo includes suggestions for language that can
carry out what I understand Council wants, as well as some issues that
Council may want to consider. What follows are suggestions related to
your 9/27 draft and some additional language and suggestions.
1. Re: page I "Purpose"
I think you could be more explicit about the multiple goals of
citizen review. The followbrig is a suggestion:
The goals of this ordinance are to:
1. To establish vrocedures that ensure meaningful citizen invut into
the resolution of citizen comvlaints of misconduct on the van of Iowa City
volice department versonnel
2. To establish vrocedures that vmvide meaningful citizen oversight
of police r~olic¥, customs, and vractices.
3. To maintain Imblic confidence in the volice devartment and the
PCRB.
4. To suvvort the effectiveness ofvolice volicy management by
vmviding the volice devm~nent, the city man~er~ cih, council. and the
vubli_c systematic feedback from the community on the effectiveness and
vrofessionalism of the Iowa City volice devartment.
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:
1. U13on receipt of the police d_epartment's internal investigation
and recommendation in individual cases involving citizen complaints of
police misconduct, to review the internal investieation. request additional
information. conduct. as needed. an independent investigation ofthe
allegations of misconduct, and to make recommendations to the Chief of
Police (CP);
2. In the exercise of its policy oversight function. to
investigate and review police department policies, customs, and practices in
general and in specific cases:
3. To conduct hearines and investigations under oath:
4. To subl~oena documents and witness as the need arises:
5. To collect, maintain, and analyze data needed to carry out
its adiud~-catorv and policy advisory functions:
3. It may be helpful to consider the jurisdiction of the board. For
example, Berkeley CA considers relevant any complaint relating to the
police. Minneapolis limits jurisdiction to allegations that fall under the
following headings:
Excessive use of force, inappropriate language or attitude.
harassment, discrimination in the provision ofl~olice services, theft. and
failure to provide police protection:
4. Re: page 1: If you want to include board members with police
experience, which I support, the measure should probably allow members
from other jurisdiction, since it may be necessar~ to recruit such people
outside Iowa City.
5. Re: page 2: Ifa citizen files a complaint with the police
departm6nt rather than with the PCRB, shouldn't that complaint be referred
to the PCRB?.
When a citizen files a complaint, she should be given not only help in
filling out the forms but also given information, both orally and in writing,
about the entire PCRB process, i.e., its jurisdiction and powers, how long
2
the process is likely to take, the citizens right to counsel (and where such
assistance can be obtained), and to appeal an adverse outcome.
6. Re: page 4 concerning the investigation and recommendations of
the Chief of Police (CP). I think there needs to be detail concerning the
CP's decision making responsibilities so as to provide an adequate basis for
review of the CP's decision by the ?CRB. I recommend language along the
following lines:
The CP will.present his findine and recommendations to the PCRB in
sufficient detail to enable the PCRB to conduct a meaningfully review.
Sl~ecificallv they will include:
(a) detailed findines of fact concerning the incident, including the
background and employment record of the officer(s) involved. the
demo~zrachics of all persons involved in the incident. and the impact of the
inc/dent on all persons involved:
(b) identification. with s13ecificitv. of the laws. ~olicies. rules. and
customs implicated by the complaint:
(c) whether and why the evidence supports a fmdin~ of police
misconduct:
(d) if there is a finding of r~olice misconduct. the discipline
recommended. with a rationale that includes reference to the disciplinary
outcomes in recent comparable cases.
I suggest also that the burden of proof for the CP's decision be by a
"preponderance of the evidence" and that the PCRB apply a similar
standard.
7. RE: page 4. The footnotes indicate that in the context of
individual complaints, "procedural matters" should be explored. I agree that
the procedural issues from here on out are crucial. In my opinion, the
public credibility of the entire system will turn on (a) the opportunity of the
part/es (officer or complainant) to be heard by the board if it disagrees with
the findings and recommendations of the CP, (b) the authority and power of
the PCRB to investigate and make recommendations concerning complaints
after it has received from a party an appeal from an initial decision of the
3
CP, and (c) a right of appeal by a party fi'om the final decision of the CP. 1
consider these protections important because the proposed system gives the
police department both primary responsibilit)' for the initial investigation and
final decision making authority, in the absence of an appeal. Along these
lines, consider the following:
Upon receipt of the report of the CP, the PCRB?ilI, within seven
days. serve a coDv of the report on the parties. who will within 20 days.
have the ovvortuniW to submit to the Board/n wr'itinR a request that the
Board:
1. Conduct an independent investigation:
2. Ret~uest additional information from the Department.
3.. Hold an evidentiary hearing:
4,. Recommend a modification of a findines and/or
r_ecommendation of the CP.
In any case involving a recommendation of the CP arisin~t
from a citizen complaint, the Board. upon receipt of a request from a party
may:
1. conduct an independent investieation:
2. reuuest additional information from the department:
3. hold an evidentiary hearme: and
4. eng~e in mediation and conciliaation.
In all such cases. the board shall communicate to the CP either its
concurrance in the findings and recommendation of the CP or its
independent findings of fact and recommendations concemin~ the case:
The Board will issue its findings of fact and recommendations
concemine the allceations of misconduct and possible discid)line in sufficient
4
detail to allow for a meaningful al~vellate review if either rmrtv takes that
course of action.
If the CP disagrees with any findine or recommendation of the
board. he shall identify in writins his reasons for the disagreement with
sufficient particularity to allow for meaningful appellate review.
8. It would be good to provide for a possible appeal by either party.
to the city manager, the civil service commission or to the city Council.
The civil service commission may be the best place since it already has
jurisdiction over current issues of police misconduct
9. I think the responsibilities ofthe Board concerning policy should
be made explicit. The following is some possible language.
1. The PCRB shall from time to time, review police policy.
custom and practices and make recommendations to the CP. city manacer.
and city council relating thereto. In the course of such reviews, the Board
shall. in its discretion:
a. Conduct hearings,
b. Produce and coml~ile data. findings. re~orts. and
recommendations.
2. The police department will cooperate in the conduct of such
investigations, subiect only to confidentiality limits established by law. The
failure_0f colice department personnel to COOlierate in such investigations
will be the basis for devartmental discipline.
Monitoring and Data Collection Res13onsibilities. The PCRB will
collect and monitor information on the citizen complaints it receives and
processes. including such mauers as the nature of the complaint. the
location of the occurrence. the demographics and status of the parties (e.g..
aee. race. sex. occupation~ experience), within the confidentiality limits
proscribed by law.
From time to time. but at least annually, the PCRB will rel~ort
to the city government and the public (a) a budget report and (b) a statistical
summary of the cases it has r~rocessed. including among other things::
5
filines by case cateeorv, the recommendations of the CP, aDt~eals to the
Board, Droceedin~ before the Board, recommendations of the Board,
a~eals, final dispositions. and overall substantiation rates.
10. On the matter of the selection of board members,/n most places
they are appointed by the council, or chief executive officer. I've heard
that our council plans to solicit candidates from interested groups. If this is
done, it would be helpful to include the police department on the list.
11. 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 of cooperation with the Board be a
condition of employment for newly hired officers?
d. in tetn,s of making the process open and accessible, what
laws and policies concerning confidentiality need to be accommodated?
e. would it be desirable to establish a citizen task force to
. monitor the affairs of the PCRB?
6
City of Iowa City
MEMORANDUM
Dste:
To:
From:
Re:
October 4, 1996
The Honorable Mayor Naomi J. Novick and Members of the City Council
Dennis Mitchell, Assistant City Attorney
Update on the Proposed Animal Control Ordinance
e
On September 26, 1996, the Animal Control Advisory Board held an open meeting and
received additional comments from the public regarding the proposed animal control
ordinance. The comments focused primarily on the list of prohibited and restricted
animals. The Board has decided to establish a committee comprised of citizens to
review the list of prohibited and restricted animals. Although the Board will decide the
make-up of the committee at their next meeting on November 18, 1996, the
committee will probably include at least one local veterinarian who treats reptiles and
a pet owner or other reptile expert.
Carolyn Corson has asked our office to communicate to you that she is no longer a
complainant regarding the pigeon loft located at 1345 E. Davenport Street.
Apparently there may be some confusion surrounding the building permit which was
issued to Donald Seydel for his pigeon loft at 1345 E. Davenport. Last year, City staff
determined that the building permit for the pigeon loft should not have been issued
because a pigeon loft was not a permitted use under the zoning code. The City then
attempted to revoke the permit, but the court ruled against the City. However, this
action did not deal with whether the pigeon loft created a health hazard.
CC:
Lisa Goodman, Animal Shelter Supervisor
City Attorney
City Manager
City Clerk
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 4, 1996
The Honorable Mayor Naomi J. Novick and Members of the City Council
Dennis Mitchell, Assistant City Attorney ~
Status of Railroad Crossing at Clinton and Lafayette
Iowa Code § 312.2(5) {1995) provides for what is known as the "highway railroad
grade crossing surface repair fund." Under this statute, funds for the repair of highway
railroad grade crossings are allocated as follows: twenty percent (20%) of the cost is to be
paid by the railway company; twenty percent (20%) by the city or other authority having
jurisdiction of the crossing; and sixty percent (60%) by the repair fund. This statute does not
preclude cities and railway companies from entering into private agreements to repair
crossings without the use of state funds.
In July of 1994, the City and CRANDIC Railway filed a request for funds under Section
312.2(5) to repair the railroad crossing near the intersection of Clinton and Lafayette.
Unfortunately, it appears funds will not be available until at least 1999.
Due to the deteriorated condition of the crossing at Clinton and Lafayette, City staff
have been in contact with CRANDIC Railway to determine whether temporary repairs could
be made until state funds become available. After examining the crossing, CRANDIC Railway
determined that teiu[Jorary repairs could be made. Rob Winstead in Engineering will be
working with CRANDIC Railway to complete these temporary repairs. We hope to have the
repairs completed on the crossing at Clinton and Lafayette by the end of October.
cc:
Rob Winstead, Civil Engineer
Linda Newman Woito, City Attorney
Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Kerr, City Clerk
Chuck Schmadeke, Public Works
Rick Fosse, City Engineer
City of Iowa City
MEMORANDUM
Date: October 4, 1996
To: City Council and City Manager
From: Don Yucuis, Director of Finance .~.
Re: Water and Wastewater Rate Increase for
March 1, 1997
The City Council has requested a review of the water and wastewater rate structure at an
upcoming informal meeting. I plan on reviewing and revising the rates for the City Council to
review at the October 21, 1996 informal meeting.
The current City Council policy for water and wastewater rates assumes an accumulation of 20%
cash by the year 2001 for water and wastewater. I am attaching a copy of last year's
December 1, 1995 memo from me to you regarding rate increases effective March 1, 1996. I look
forward to meeting with you on October 21, 1996.
Attachment
City of Iowa City
MEMORANDUM
Date: December 1, 1995
To: City Council and City Manager
From: Donald Yuculs, Director of Flnancee p~~~
Re: Water and Wastewater Rate Incteas for March 1, 1996
!
Attached you will find several charts and graphs related to the water and wastewater rate
increase proposed for March 1, 1996. Charts for water and wastewater show the proposed rates
that were discussed with the City Council In June, 1995 and the revised proposed rates for
discussion at the public hearing on December 5, 1995. The char~s include average monthly
impact to a residential user and the estimated cash balance for each proposal.
The water projects chart shows the rates based on accumulating 20% cash by FY2001 totalling
$10,705,000 and Issuing bonds in the spring of 1996, 1997, and 1998 totalling $6,200,000,
$11,750,000, and $25,500,000, respectively. The water proposal is to increase rates by 30% for
bills issued on or after March 1, 1996, and increases the average resldsntiaJ ussr's monffily bill
by $4.49 from $14.98 to $19.47.
The wastewater project chart shows the rates based on accumulating 20% cash by FY2000
totalling $7,596,000. The proposed bond issues to pay for the projects are to occur in the spring
of 1996, 1997 and 1998 and total $18,900,000, $8,800,000, and $7,335,000, respectively. The
proposed rate increase of 15% for bills on or after March 1, 1996, is the same as presented in
June and now for the publlc hearing In. December, 1995. The monthly Impact to the average
residential user is an increase of $2.84 from $18.90 to $21.74. The combined impact to the
average residential user Is estimated to be $7.33 per month.
I will be available for questions at the public hearing on December 5, 1995.
b¢5.,2OY
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uo!11!l/;i
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City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
October 3, 1996
Mayor and City Council
Marian K. Karr, City Clerk
Proposed Meeting Schedule for remainder of the year
At the Mayor's request the following proposed meeting schedule has been
prepared. Please review the schedule, bring your calendars and come
prepared to discuss the schedule at Monday's work session.
Monday, October 7
Special Formal and Executive Session-6:00
Regular Work Session - 7:00
Tuesday, October 8, Regular Formal - 7:00
Monday, October 21, Regular Work Session - 7:00
Tuesday, October 22, Regular Formal - 7:00
Wednesday, October 30, Special Work Session
Joint meeting with Library Bd. - 4:00-8:00
Monday, November 4'
Special Work Session-5:30
Special Formal-7:00
Tuesday, November 12, Special Work Session
Joint meeting with Parks & Recreation Commission-5:00*
Monday, November 18, Regular Work Session-7:00
Tuesday, November 19, Regular Formal-7:00
Monday, December 2, Regular Work Session-7:00
Tuesday, December 3, Regular Formal-7:00
Monday, December 16, Regular Work Session-7:00
Tuesday, December 17, Regular Formal-7:00
Monday, December 30, Regular Work Session-CANCELED
Tuesday, December 31, Regular Formal-CANCELED
No meeting scheduled election night, November 5
Tentative date
Please note there are no meetings scheduled for Thanksgiving week and the
last meeting of the year is December 17. Special formal meetings will be
scheduled as needed. Council would return to their regular off week
schedule on January 13 and 14. Extra budget work sessions will be
scheduled in January.
City of Iowa City
MEMORANDUM
Date:
TO:
FROM:
RE:
October 2, 1996
Mayor and City Council
Marian K. Karr, City Clerk ~1
Linda Newman Woito, City Attorney
Quorum Attendance
The attached memo was originally sent to City Council in May of 1992 and
both us of felt the information vvas worth sharing once again.
City of Iowa City
MEMORANDUM
Date: May 4, 1992
To: Mayor and City Council
From: Marian K. Karr, City CleA ~-~
Re: Quorum Attendance
The Mayor has requested the City Attorney and I review the question of Councilmembers
attending functions outside of regularly scheduled meetings and report back to you.
This question is not easily answered. We feel the intent of the law is to protect Council and the
public from being placed in situations that could result in action being taken without public notice.
In other words, a quorum could commit, or give the appearance of deciding or committing to a
vote prior to an open meeting.
Linda and I offer the following explanations to assist you in making decisions to attend certain
functions:
Purely social functions are exempt, i.e. Cdsis Center Breakfast and Chamber Business
P.M.'s, etc.
A quorum of Council should not be present at meeUngs where an imminent decision will
be made by Council. Thers is a difference between attending neighborhood meetings to
discuss options, versus attending a neighborhood meeting to discuss a capital project
already in the budget and coming to Council for formal action via the "bid letting" process.
In a situation where a quorum of Council did wish to attend where a vote is to be taken
on a project in the not-to-distant future, the members should refrain from entering into the
conversation so as to avoid the appearance of a decision already being made prior to the
formal vote.
Probably the best rule of thumb is to avoid situations where a quorum of Council could be
involved in an issue to be decided at a later formal meeting by a formal vote.
cc: City Manager
City Attorney
bclo4
City of Iowa City
MEMORANDUM
Date:
October 2, 1996
TO:
FROM:
Mayor and City Council
Marian K. Karr, City Clerk
RE:
1996 Congress of Cities
You received infromation from the National League of Cities concerning the
1996 Congress of Cities & Exposition scheulded December 7-10 in San
Antonio, Please let me know at next week's meeting if any of you are
planning on attending. If any of you need the copies of the registration
please let me know.
City of Iowa City
MEMORANDUM
Date:
TO:
FROM:
RE:
October 2, 1996
Mayor and City Council
Marian K. Karr, City Clerk t~-'
Access Local Government
At the recent League of Iowa Cities meeting in Cedar Rapids there was a
demonstration on the on-line service exclusively for local governments. In
response to Council questions I have reviewed the demo disk and discussed
the service with Information Services staff. I was informed the service is
already available to us through E-maih
To access this service go into E-mail and type 'LYNX" instead of the normal
"PINE". Select 'G" for go to other user, the prompt "URL" will appear.
Type "http://www.nlc.org". The information will be text only. No color or
charts will be visible. This information can be printed or sent to any other
E-Mail user.
If there are any further questions please call me or Kevin O'Malley at ext.
5053.
cc: Kevin O'Malley
Introducing
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Information Service
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'!
City of Iowa City
MEMORANDUM
Date: October 3, 1996
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, September 23, 1996---8:00 p.m. in the Council Chambers
Mayor Novick presiding. Council present: Novick, Baker, Kubby, Lehman, Norton, Thomberry,
Vanderhoef. Staff present: Atkins, Helling, Woito, Karr, Franklin, Mitchell, Davidson, O'Neil, Craig,
Schoon, Fowler, Strand, Goodman. Tapes: Reel 96-109, All; 96-110, All; 96-111, Side 1.
REVIEW ZONING MA'FI'ERS
Reel 96-109, Side I
PCD Director Franklin presented the following Planning and Zoning items for discussion:
SETTING A PUBLIC HEARING FOR OCTOBER 8 ON A RESOLUTION APPROVING THE
CITY-INITIATED ANNEXATION OF AN APPROXIMATE FIVE-ACRE TRACT LOCATED
WEST OF DUBUQUE STREET AND SOUTH OF THE IOWA RIVER. (GLASGOW/ANN96-
0002)
SEI-rlNG A PUBLIC HEARING FOR OCTOBER 8 ON AN ORDINANCE AMENDING THE
ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE
FIVE-ACRE TRACT, LOCATED WEST OF DUBUQUE STREET AND SOUTH OF THE IOWA
RIVER, FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO P, PUBLIC. (GLAS-
GOW/REZ96-0016)
ORDINANCE AMENDING THE ZONING CHAPTER BY AMENDING THE CONDITIONAL
ZONING AGREEMENT FOR WESTPORT PLAZA TO ELIMINATE THE REQUIREMENT FOR
A "COHESIVE, INTEGRATED DEVELOPMENT," AND TO REMOVE THE REQUIREMENT
FOR THE FACADES OF THE BUILDINGS TO PROVIDE "HORIZONTAL CONTINUITY," FOR
PROPERTY LOCATED IN THE CC-2, COMMUNITY COMMERCIAL ZONE AT 855 HIGHWAY
1 WEST, (SECOND CONSIDERATION) (STAPLES/REZ96-0010)
Franklin noted the applicant has requested expedited consideration.
ORDINANCE VACATING THE PORTION OF ST. MATrHIAS' STREET (FORMERLY KNOWN
AS ST. MA I I HIAS' ALLEY), RIGHT-OF-WAY LOCATED NORTH OF DODGE ST. AND ST.
JOHN'S ALLEY, LOCATED BETWEEN ST. CLEMEN3'S STREET AND ST. MAq-FHIAS' ST.
(ROBERTS HOMETOWN DAIRY/VAC94-0004) (FIRST CONSIDERATION)
ORDINANCE VACATING A PORTION OF LEE STREET, AN UNDEVELOPED RIGHT-OF-
WAY LOCATED BETWEEN RIVER STREET AND OTI~O STREET. (BARKANNAC96-0001}
(SECOND CONSIDERATION)
2
F. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE H,
ENTITLED "INDUSTRIAL ZONES," SECTION 1, ENTITLED "GENERAL INDUSTRIAL
ZONE (I-1)" TO ADD A SPECIAL EXCEPTION TO ALLOW LIMITED RETAIL SALES IN
THE I-1 ZONE. (SECOND CONSIDERATION)
G. RESOLUTION APPROVING A FINAL PLAT OF GALWAY HILLS, PART THREE, A 21.29
ACRE, 53-LOT RESIDENTIAL SUBDIVISION LOCATED SOUTH OF GALWAY DRIVE
AND EAST OF HIGHWAY 218, IOWA CITY, IOWA. (SUB96-0014)
Franklin stated the item should be deferred pending executive session discussion sched-
uled September 24.
H. RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WOODLAND
RIDGE. PART ONE, A 55.95 ACRE, 19-LOT RESIDENTIAL SUBDIVISION LOCATED
EAST OF DANE ROAD AT ITS INTERSECTION WITH OSAGE STREET IN JOHNSON
COUNTY. (SUB96-0017)
In response to Council, Franklin stated she will find out more information regarding design
of septic system.
AIRPORT HANGAR PROJECT (Agenda Item #11) Reel 96-109, Side 1
Airport Commission Chair Howard Horan presented information about the proposed airport
hangar. Novick stated the resolution language will need to be amended to include office space.
HIGHWAY 965 ALIGNMENT AGREEMENT (Agenda Item #14) Reel 96-109, Side 1
PCD Director Franklin, Transportation Planner Davidson, and Assistant City Attorney Mitchell
presented information about the proposed Highway 965 agreement.
In response to Baker, Mitchell stated he will prepare information regarding the City's responsibility
to purchase property when there is a building permit application in the proposed alignment
corridor. Novick requested that resolution language be amended to clarify "urban arterial street".
DOWNTOWN IOWA CITY PARKING STUDY
Reel 96-109, Side 2
Transportation Planner Davidson, Parking and Transit Director Fowler, and PCD Director Franklin
presented information regarding the proposed downtown Iowa City parking study.
Council agreed with Kubby's request to direct staff to look at pricing policies, such as charging
less for parking permits if there are more people in a car.
Baker requested that the near southside parking facilities location and parking impact fee be
scheduled for discussion at Council's next work session.
Council directed Davidson and Fowler to proceed with the downtown parking study as outlined.
Staff Action: Davidson and Fowler will proceed with study In October-November,
(Davidson)
3
DOWNTOWN STRATEGY Reel 96-109, Side 2
PCD Director Franklin and Economic Development Coordinator Schoon presented information
regarding downtown strategies as outlined in their September 18, 1996 memorandum regarding
downtown strategy process and implementation.
Council agreed to the goal statement as presented in their memo Model-Downtown Strategy-Iowa
City; deleted Council Members and added a senior citizen to the downtown strategy committee
composition; and agreed that committee members may be non-Iowa Citians.
Staff Action: Upon receipt of suggested names from Council, staff will propose a com-
mittee roster, (Franklin)
CITIZEN REVIEW BOARDS Reel 96-109, Side 2
City Manager Atkins and City Attorney Woito presented information about Citizen Review Boards.
Arkins stated he will draft a proposal for Council's October 2 memo work session. The draft
proposal will include a written citizen intake process for police complaints.
Staff Action: Material prepared al~d sent to Council in Information packet of September 27.
(Arkins).
ANIMAL CONTROL ORDINANCE Reel 96-110, Side 1
Animal shelter Supervisor Lisa Goodman, City Attorney Woito, Assistant City Attorney Mitchell,
and Animal Control Advisory Board member Diana Lundell presented information.
Council Members requested the following changes to the proposed pet animal control ordinance:
· Remove circus and rodeo prohibitions.
· Clarify motion picture, television, or theatrical performance intent: in the making or production
of.
· Remove state reference to veterinarian license requirement.
· Define "peace" in #21 of Permit Rules and Regulations.
· Add language to Permit Rules and Regulations, #9, to refer to shelter policies regarding
definition of "overcrowded."
In response to Council, Mitchell stated he will highlight changes in the draft copy of the Pet
Animal Control Ordinance.
COUNCIL AGENDA/TIME Reel 96-111, Side 1
1. (Agenda Item #3D(4) o Main Street Partners Agreement). In response to Kubby, majority
of Council Members agreed to insert Exhibit A into the agreement with Main Street
Partners.
Council Member Baker encouraged Council Members to visit Mr. Seydel and his pigeons.
4
3. Council Member Baker requested that, at Council's formal meeting, the public discussion
be divided by issues.
Meeting adjourned at 11:55 p.m.
City of Iowa City
MEMORANDUM
Date: October4, 1996
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, September 30, 1996 - 8:50 p.m. in the Council Chambers
Mayor Novick presiding. Council present: Novick, Kubby, Lehman, Norton, Thomberry,
Vanderhoef. Absent: Baker. Staff present: Atkins, Karr, Franklin, Davidson, Yucuis,
Schmadeke, Trueblood, Fosse, Helling. Tapes: Reel 96-111, Side 2; 96-117, Side 1.
CAPITAL IMPROVEMENTS PLAN DISCUSSION Reel 96-111, Side 2
PCD Director Franklin, Transportation Planner Davidson, Parks and Recreation Director
Trueblood, City Engineer Fosse, and Finance Director Yucuis presented the CIP Plan review to
Council. Franklin presented the changes in the project priorities for FY97 through FY2002.
Council requested information regarding proposed FY98 expenditures for Project #266 Airport
Master Plan.
City Engineer Fosse presented Engineering Division Work Program comments and City Finance
Director Yucuis presented information regarding road use packs, enterprise funds, general
obligation debt, and the general fund.
COUNCIL AGENDA/TIME Reel 96-117, Side 1
1. Mayor Novick noted Healthy People 2000 orientation meetings have been scheduled end
interested Council Members should contact City Clerk Karr.
2. Novick commented that the draft revision of the paretransit application is available.
3. Novick stated that a meeting should be scheduled regarding deer problems.
4. Novick stated that Bud Lewis has requested a proclamation recognizing the airplane (Old
Jet) as a roemodal to war veterans,
5. Novick stated Council received correspondence from the arts festival director thanking the
City for 1997 funding.
6. in response to Thornberry, Novick stated that the next Council meeting is scheduled for
Wednesday at 7:00.
Meeting adjourned at 10:00 p.m,
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 3, 1996
Stephen At~jns, Chuck Schmadeke, Dave Elias, Bud Stockman, Dianna Furman, Craig
Standish, ~ '7~
Don Yucule ~
State of Iowa Sales Tax on Sale of Yard Waste Bags and Recycling Containers
We recently discovered that the City of Iowa City should be charging sales tax on the sale of yard
waste bags and recycling containers. It's my recommendation that the City charge $.95 for the
recycling bags plus tax of 5% for a total of $1 to be charged to the customer. The recycling
container will be charged out at $6.67 plus tax to total $7.00 to the customer.
We will need to inform the businesses that do sell the City of Iowa City recycling bags that the
City will be charging the business $.95 a recycling bag and they will need to charge sales tax on
the sale of that bag to the customer, Total cost to the customer should be $1.
Please call me if you have any questions regarding this change in how the City charges for the
sale of recycling bags and containers.
bC2.2DY.
CITY OF IOWA
Naomi J. Nov/ck, Mayor
410 E. Washington S~Yeet Iowa Clly, IA ~2240
(319)35~ 5010
CITY OF IOWA CITY
Naomi J. Novlcl~ Mayor
410 E. Wasl~ngton Street Iowa Cily, IA 52240
(319)356.,5010
Date:
To:
From:
P,e:
City of iowa City
MEMORANDUM
Steve Atkins ~/
Chuck Schmadeke
Galway Hills Subdivision, Part III - Sanitary Sewer Tap-on Fee
Chuck Mullen, the attorney representing Galway Hills Development, will be
addressing the City Council in the near future regarding the equity of assessing a sanitary
sewer tap-on fee for Galway Hills Subdivision Part III.
A portion of Galway Hills Development lies within a 900-acre drainage area
located, in general, west of Mormon Trek Boulevard, south of Melrose Avenue, east of
the west city limits, and north of Rohret Road. A sanitary sewer was first installed within
this drainage area in the fall of 1967 to provide sewerage service to West High School,
which is located on an 80-acre site south of Melrose Avenue and directly east of Galway
Hills Subdivision. A 10-inch line was installed along the north side of Willow Creek
from Mormon Trek to the school propen3,.
In 1971, development began to occur within the 900-acre drainage area, primarily
near Mormon Trek Boulevard and Westwinds Drive. These developments utilized the
excess capacity available in the 10-inch sanitary sewer.
In 1981, a sanitary sewer was extended upstream from the existing 1 O-inch
sanitary sewer on West High School property to the Jonson County Home (Chatham
Oaks). This sewer extension was necessary because the relocation of Highway #218 at
Melrose Avenue required the removal of the County Home septic tank and drainage field.
An 18-inch pipe was installed to provide for additional future development west of West
High School and west of Highway #218. The 18-inch (upstream) sewer was "tied" into
the 10-inch (downstream) sewer. The construction of the 18-inch sewer crossed West
High School property, the Cole estate property, Highway #218, and County Home
property. The Cole estate property is now Galway Hills Development.
As development both east and west of Highway #218 progressed, flows in the 10-
inch sewer eventually equaled its capacity, and in 1994, it was replaced with a 27-inch
sewer, the size required to serve the entire 900-acre drainage area. A tap-on fee of
±$740.00 per acre for new development is proposed to finance the installation of the 27-
inch sewer.
The Cole estate (Galway Hills Subdivision) entered into an easement agreement
with the City prior to installation of the 18-inch sewer, which stated, in part,
The right of way granted herein is located within the corporate limits of
the City in an area suitable for residential development and it is agreed
that the Owner may hook up to said sanitaxy sewer line subject to all
applicable rules and regulations including a "tap on" fee on the same
basis as the City is charging others under similar circumstances.
It is this part of the agreement that Chuck Mullen feels exempts Galway Subdivision
f~om the proposed "tap on" fee.
co: Linda Woito
CITY OF I0 WA CITY
September 25, 1996
Kirk Deutsch
Carousel Motors
809 Highway 1 West
Iowa City, IA 52246
Dear Mr. Deutsch:
This will acknowledge receipt of your letter dated September 20 concerning the traffic violation
you received. I asked Chief Winkelhake to review this matter and he has advised me that the
citation was issued by the State police. I am not sure what to suggest to you other than you
may wish to direct your letter to the attention of Iowa State patrol officials. You may contact
them at:
Iowa State Police
5390 NW 2nd Avenue
Des Moines, IA 50313
If you need any additional information or assistance, please feel free to call my office, or that
of Chief Winkelhake.
Sincerely,
Steph J~~'~'
City Manager
Enclosure
Chief Winkelhake
City Council
,3qq&
September 20, 1996
TO WHOM IT MAY CONCERN:
I would like to say that I feel this violation is a little extreme.
I work for Carousel Motors and I was in a dealer car, not my
personal car, with customers doing my job. We were on our third
test drive and I obviously forgot to switch my dealer plate. The
officer kept insisting that I was driving an unregistered car. All
our cars are registered, they just don't have plates. Upon
contacting an attorney I now realize the violation code includes a
plate being present, but I think a warning might have been a little
more appropriate. I do not condone or excuse what I did but I also
don't feel the penalty fits the "crime." I am hopeful that I was
not made an example of or that Officer #183 was not trying to prove
a point.
I appreciate your time!
Sincerely,
Ki rk~h
cc Iowa City Council MembersC---'-
Law Enlorcement Agency -- iowa State Palrol
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No.:' _.,.~r_
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City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 3, 1996
Steve Atkins, City Manger
Rick Fosse, City Engineer ~
City Architect/Energy Coordinator
Please note the attached letter from the Iowa Blue Flame Gas Association granting Jim
Schoenfelder a first-place 1996 Blue Flame Award and $500.00 for his work on the Iowa City-
Coralville Animal Shelter. Jim's continued leadership in the field of energy conservation is a
positive reflection on the City of Iowa City and we are proud to have him as a part of the
Engineering Division.
cc: Chuck Schmadeke
Jim Sch0enfelder
9001 Hickman Roao
Suite 220
Des Moines. Iowa
50322
(515) 278-8700
FAX: (515) 278-0245
September 29, 1996
James L. Schoenfelder, AIA
City Architect, City of Iowa City
410 E. Washington
Iowa City, IA 52240
Dear Mr. Schoenfelder:
Congratulations! On behalf of the Iowa Blue Flame Gas Association,
I'm pleased to inform you that your entry, Coralville-Iowa City
Animal Shelter, is a first-place winner in the 1996 Blue Flame Award
program for Iowa architects. Your entry was judged to be innovative
and cost-effective in the use of natural gas in a commercial
construction project.
We will contact you in the near future to arrange a convenient time
and place to present your award and a $500 check. We will also want
to contact the news media in the Iowa City area to encourage them to
publicize your achievement.
Again, congratulations, and thank you for. entering the Iowa Blue
Flame Gas Association 1.996 competition:'You'11 be h~a¥ing from us
soon. If you have any questions,'ple_.as.e c.a.l.! .Project Coordinator Arvin
Olson at 515-278-8700.
Sincerely,
President
To: Steve Atkins
From: The Monday Forum
9~27/96
The purpose of this letter is to request immediate and consistent clean-up of the
graffiti on city-owned properties in downtown Iowa City. We are also working on
other downtown priorities, but this is one that can be immediately addressed.
You don't have to walk very far on any downtown street to find graffiti. As you
know, some of it has been identified as gang-related; the "Gangster Disciples" and
the "Vice Lords" are known to be operating in the Iowa City, and use their symbols
to define their turf. Ignoring these symbols sends the message that we either are
ignorant or tolerant of their meaning. If you have questions concerning the gang
aspects of this problem, please contact Sgt Sid Jackson.
Even non-gang "tag" graffiti is in abundance on both public and private buildings.
Ignoring it seems to foster competition among tag "artists." Our goal is to
encourage private property owners to remove any graffiti on their buildings within
24 hours, and for the City to develop a mechanism to do the same with its own
property.
This is a problem that is not expensive or time-consuming to control, but will require
some kind of routinely scheduled activity on the part of specific city employees. If
we have difficulty with compliance among private property owners, we may request
a simple ordinance be drafted to help them along (example attached).
We hope to hear from you within two weeks to see what ideas you may have on this
topic.
cc: All Iowa City Councilors packets
Sincerely,
The Monday Forum
Dave Parsons
103 S. 7th Avenue
Iowa City, IA 52245
First Reading:
Public Hearing:
20-96
May 20, 1996
June 17, 1996
Approved:
Pubhshed:
Effec'.:ve.
A'Jgust ,~, 1996
~ugust 11, 1996
August 21, 1996
GRAFFITI
AN ORDINANCE TO AMEND. CHAPTER 106 OF TITLE lY "*.THE CODE OF THE CIT~
OF ANN ARBOR BY ADQIN.G A NEW SECTION 9:6:
The City of Ann Arbor ordains:
Section 1. That Section 9:6 be added to Chapter 106 of Title IX of the Cod,'
of the City of Ann Arbor, to read as follows:
9:6~' ~raffltf,;
:.~,{e~-Lns. t"a~P~t~.n. ~"wt~Jh~t~a~fh~[e~ ~graffiti-'ot]t~e-parent or guard an
,'5.action 2. That this ordinance shall take effect on the tenth day following
legal publication.
As Amended: July 15 and August 5, 1996
B-!
Mr. Stephen J. Atldns
City Manager
Civic center
410 East Washington Street
Iowa City, Iowa 52240-1826
Dear Steve:
EDWIN K. BARKER
6 LIME KILN I..AN£, NE
IOWA Crl'Y, 10WA 52240
319 354-2410
September 27, 1996
Thank you for your detailed response to my several questions regarding the testing
of the Silurian well. Your responses were especially appreciated since 1 know your mind
and time is now so heavily taken up by much more important matters.
The lingering question will continue to be, "What effect will the pumping of all of
the existing and new Silurian wells have on the private Silurian wells in the North
Corridor?" Maybe that question will not be answered completely until all of those wells
are in operation. This will be a wordsome concern of many people for the next several
years.
Let me express another concern for which you need not respond to, at least for
now. The sewer line that is to be built to the new water plant is to be 21" in diameter, 1
believe. That capacity could serve the sewer needs for a 700 to 750 acre development.
The question that arises is: Is this a first step to annexation? I certainly hope not, but
sometimes little things begin to happen which eventually makes something big
(annexation, for example) almost inevitable. There is no need for an answer to this now.
I would like to compliment you on how you have publicly handled the tragic
Shaw incident Your comments at the first Council meeting after the inciden! were
supportive of the Chief but at the same time neither excusing nor blaming anyone for the
actions of the police officer. Your tone of voice was calming. You did the best anyone
could expect under the circumstances. Our thoughts will be with you as you provide the
leadership to bring the people of Iowa City, the Council members, the officers of our very
free police department, the Shaw family, and, of course, yourself, through these very
difficult times.
Sincerely Yours,
Edwin K. Barker
October 2, 1996
Chief RJ. Winkelhake
Iowa CRy Police Department
Civic Center
Iowa City, IA 52240
Dear Chief W'mkelhake,
I just wanted to express my concern on behalf of the shooting of Eric Shaw by Officer Gillaspic. I
fgel sac] for the fnmBy of£ric Shaw and also ghnre a sadness for Officer Gillaspie as well. I know
that this was a great tragedy for the Shaw family, Of~cer Gillaspie and his family, the City of Iowa
City and the Police Department.
I understand that the officer made a mistake and ended up no! only k~ll~g a man, but he just killed
his career. This w~l ~ake Rs toll on the him the resl of his life. I feel that the citizens oflowa Chy
are getting carried away when they express concerns of wether or not the rest of the officers may
make the same mistake. If citizens understood the pressure that our officers are under in this type
of situation, they may understand. ! re~i:,e that o~cers undergo tra~fmg for these situations that
may arise.
It seems as though that unless a IXu~on needs the police, they think of them as '~igs" that give out
tickets to uncleserving citizens. 'Haey forget abo~ the calls that the officers go out to when
someone is fighting or even the ambulance call where they helped save the life of a victim of a car
accident or domestic abuse. Only then, is the officer classified as a "Hero."
You see, my husband is a police officer and like he has said to me, "every call is a gun call." I
know he handles himself well on calls ~_hnt are dangerous. I believe in his abilities. He also tells
me about the rare but disturbing calls that he is on, when a baby or small child is dead, been
neglecxed or abused. People need to wake up and realize that these officers see it all.
I just want you to know that I support the Police Department, and that I feel for all those involved
with the shooting. My regrets go out to Officer Gillespie on his resignation, however, I believe
this was a smart move on his part.
Sincerely,
.
~1] M. Routier
IOWA CITY, IOWA ~224~
September 26, 1996
...
CITY OF I0 WA CITY
Ms. Julie Fuhrmeister
151 West Side Drive
Iowa City, Iowa 52246
Dear Ms. Fuhrmeister:
I am writing to address your concerns regarding the operation of iowa City Transit buses on
your street, West Side Drive. This decision was based on the continued high density
development in the area. This decision was made approximately one year ago with
implementation delayed until the majority of construction in the area was complete.
West Side Drive is thirty feet wide. In November of 1994 the parking was removed from the
inside portion of the street. With a vehicle parked on the outside taking up eight feet this
leaves twenty two feet of traveled portion. A bus is eight feet, six inches wide. This leaves
thirteen feet, six inches for other vehicles. Operating under this condition does not create an
unsafe environment.
The issue of buses operating in excess of the speed limit in your neighborhood is as great a
concern to me as it is to you. All drivers are constantly reminded to observe speed limits and
that safety first is their r~ain concern. I was pleased to see the Iowa City Police Department
conducting speed checks in your neighborhood and am pleased to report to you that no buses
were cited for excessive speed.
There have been many positive responses to the extension of transit service to this
neighborhood. I am aware of no other residents expressing the concerns that you have raised.
I can assure you that the operators are aware of your concerns and will continue to operate
safely on West Side Drive and throughout the community.
Sincerely,
Joe Fowler
Director Parking & Transit
cc: Stephen J. Atkins, City Manager
City Council v"
RE. CE VEB SEP u u
Mr. Stephen Atkins
City Manager
410 E. Washington
Iowa City, Iowa 52240
Mrs. Julie Fuhrmeister
151 West Side Drive
Iowa City, Iowa 52246
September 6, 1996
Mr. Arkins,
I am writing to update you on the traffic situation on West Side Drive which I have previ-
ously informed you of in my September 3rd loner.
On the evening of September 3, after voicing two complaints to the Transit Manager about
the Plane View bus route change and the hazardous situation it created on West Side Drive, my
worst fears were realized when a death occurred. The bus struck my best friend and killed him in the
street in front of my house. I am referring to an incident report filed with the Iowa City Police
department, incident # 96047824. I once again called the Iowa City Transit System to voice my
original complaint and stress the fact that the bus, as well as many other vehicles, speeds excessively
in my residential neighborhood and that I wanted it stopped. As I was making my repo~ to Sgt.
Mike Lord of the Iowa City Police department, another Plane View bus went roaring by, which I
pointed out to the officer, and he agreed that he was indeed speeding and driving hazardously and he
would call in a complaint himself.
I want to know what you are doing to remedy this situation? I will reiterate my previous
complaints and suggestions along with what I am doing to further strengthen my cause since 1 have
not received a favorable response to changing the bus route back to its previous route.
Taken from my previous letter dated September 3:
My first concern is the recent change in the Iowa City Transit System's bus route in
my area. The Plane View route change, which took cffect Monday, August 26, extended this
bus' service to include the lower section of West Side Drive. To reach this new stop the bus
must travel through a residential neighborhood with limited navigable street area. 24 hour
parking on one side of this street has reduced it to one lane for a considerable distance.
Previously, cars have been able to flow through this area, with some labor, by taking turns
pulling off to the side into a driveway area to allow rhe opposing car to pass. This type of
travel is not possible with the bus, making the traffic flow in this area more laborious and
dangerous. It is especially problematic during peak traffic times when this route is serviced
more frequently by the bus.
I believe this dangerous traffic flow problem to be best solved by eliminating parking on
this street. I don't believe this to be a parking space issue. The most frequent car owners who
park on this street have been provided ample parking spaces in the back of thetr buildings for
residents and their guests.
My next concern is the speed limit on West Side Drive. Because this street has a long,
straight portion, which is also on a hill. many vehicles speed profusely in this area. Contrib-
uting to the danger of this situation is the reduced navigable street area caused by parking
along one side of the street, the use of this street by large vehicles due to it being a bus route.
home owners backing into this single lane of traffic fiom their driveways, and children at
play in this neighborhood. Due to the high concentration of family dwellings in this area:
apartments. condos. and homes, there is a subsequent concentration of traintic and people.
1 request that this area be made safer by reducing the speed ]imit to 20 m.p.h. and
posting signage to that effect more frequently along the street, posting children at play s~gns,
and placing a stop s~gn and crosswalk on West Side Drive at the corner of West Side Drive
and Earl Road. This will stop traffic at a key ~ntersecnon and break up a part of the long,
straight portion of this street.
My final concern is a two-part suggesnon. The portion of Highway 1 from the traffic
light at Wal Matt to the traffic light al Mormon Trek has a progressive speed limit up to 55
m.p.h. 1 have had much experience over the 13ast two years with the traffic situation on this
stretch of Highway l, traveling it several onres dady. 1 have become aware that the increased
use of this street due to the addition of several businesses has made it tremendously unsafe to
travel at the posted speed limit. Adding to the problem is the timing of the traffic light at the
corner of Sunset Blvd. and Highway I. The timing of the yellow to red light is way too fast
and the timing of the turning lane light is so fast that it does not allow for a turning vehicle
that leaves it's lane during a green light to cross the two opposing lanes of traffic before
turning yellow then red and the opposing lanes to be released on a green light. I have
witnessed numerous near accidents due to both of these timing problems as well as the
remount of distance required for a semi or other heavy equipment to safely stop when
traveling over 45 m.p.h. With the combination of the speed limit and the timing of these
lights, an extremely dangerous situanon has been created. One which I do not feel coralCon-
able or safe traveling and/am aware of the dangers in this area and drive accordingly. Others
who are not aware of the situation cannot possibly prepare for the potential accidents and
therefore, create a hamrdous zone of traffic within the city limits of Iowa City.
1 plead with you to reduce the speed limit in this area to at least 45 m.p.h. and to re-
time the traffic lights accordingly. Time and expansion in this area has falsely given the idea
that Highway 1 is indeed a highway and should have a highway's speed limit. 1 hold my
breath in fear each time that I must travel this stretch of Highway I and thank God that 1
made it through without being harmed one more time. I do not think that within the city
limits there should be a need for any such excessive speed.
Since this terrible incident has taken place, I have begun to organize the residents in this area
to take action to voice their similar opinions. I have also spoken with Capt. Harney of the I.C. Police
about the speeding in the area and he has offered to increase patrols in the area and schedule a
counter to be placed into the street to monitor the speed and amount of traffic. Once again I have
spoken with the Transit Manager who has agreed with me, from reports from bus driven on this
route, that the limited street space due to parking has made for a difficult and hazardous driving
situation as well as his support of a stop sign and cross walk at the corner of Earl Rd. I request that
you help me in these endeavors m make this neighbor hood a safe place to live.
I can imagine that removing the parking on West Side Drive will inconvenience some, this is
to be expected with all change, but you cannot sacrifice the safety of the citizens in this area by
allowing this danger to continue even one day more. Does there need to be another death before
someone will listen to my concerns? Do you wish it to be on your conscience that you stood by and
allowed a knowingly dangerous situation to go unchecked and the possibility of another needless and
cruel death to happen? I demand that some action be taken immediately!
Thank you for taking the time to once again address my concerns and proposed solutions. l
would appreciate a response to these points and I can be reached during business hours at 335-3132
or after five p.m. at 337-4014. For your convenience I have forwarded a copy of these concerns to
the Traffic Engineer, the Transit Manager, my City Council member, Dee Norton, and Capt. Harney
of the I.C. Police.
A concerned resident,
-Yl t^
Julie Fuhrmeister
Mr. Stephen Atkins
City Manager
410 E. Washington
Iowa City, Iowa 52240
Mrs. Julie Fuhrmeister
151 West Side Drive
Iowa City, Iowa 52246
September 3, 1996
Mr. Atkins,
I am writing to voice a few concerns about traffic flow in the area of Iowa City in which I reside.
My first concern is the recent change in the 1owa City Transit System's bus route in my area. The
Plane View route change, which took effect Monday, August 26, extended this bus' service to include
the lower section of West Side Drive. To reach this new stop the bus must travel through a residential
neighborhood with limited navigable street area. 24 hour parking on one side of this street has
reduced it to one lane for a considerable distance. Previously, cars have been able to flow through this
area, with some labor, by taking turns pulling off to the side into a driveway area to allow the oppos-
ing car to pass. This type of travel is not possible with the bus, making the traffic flow in this area
more laborious and dangerous. It is especially problematic during peak traffic times when this route
is serviced more frequently by the bus.
I believe this dangerous traffic flow problem to be best solved by eliminating parking on this street. l
don't believe this to be a parking space issue. The most frequent car owners who park on this street
have been provided arnple parking spaces in the back of their buildings for residents and their guests.
My next concern is the speed limit on West Side Drive. Because this street has a long, straight
portion, which is also on a hill, many vehicles speed profusely in this area. Contributing to the
danger of this situation is the reduced navigable street area caused by parking along one side of the
street, the use of this street by large vehicles due to it being a bus route, home owners backing into
this single lane of traffic from their driveways, and children at play in this neighborhood. Due to the
high concentration of family dwellings in this area; apartments, condos, and homes, there is a subse-
quent concentration of traffic and people.
1 request that this area be made safer by reducing the speed limit to 20 m.p.h. and posting signage to
that effect more frequently along the street, posting children at play signs, and placing a stop sign
and crosswalk on West Side Drive at the corner of West Side Drive and Earl Road. This will stop
traffic at a key intersection and break up a part of the long, straight portion of this street.
My final concern is a two-part suggestion. The portion of Highway 1 from the traffic light at Wal
Mart to the traffic light at Mormon Trek h~s a progressive speed limit up to 55 m.p.h. l have had
much experience over the past two years with the traffic situation on this stretch of Highway 1.
traveling it several times daily. I have become aware that the increased use of this street due to the
addition of several businesses has made it tremendously unsafe to travel at the posted speed limit.
Adding to the problem is the timing of the traffic light at the corner of Sunset Blvd. and Highway I.
The timing of the yellow to red light is way too fast and the timing of the turning lane light is so fast
that it does not allow for a turning vehicle that leaves it's lane during a green light to cross the two
opposing lanes of traffic before turning yellow then red and the opposing lanes to be released on a
green light. I have witnessed numerous near accidents due to both of these timing problems as well
as the amount of distance required for a sem~ or other heavy equipment to safely stop when traveling
over 45 m.p.h. With the combination of the speed limit and the timing of these lights, an extremely
dangerous situation has been created. One which I do not feel comfortable or safe traveling and I am
aware of the dangers in this area and drive accordingly. Others who are not aware of the situation
cannot possibly prepare for the potential accidents and therefore, create a hazardous zone of traffic
within the city limits of 1owa City.
I plead with you to reduce the speed limit in this area to at least 45 m.p.h. and to re-time the traffic
lights accordingly. Time and expansion in this area has falsely given the idea that Highway I is
indeed a highway and should have a highway's speed limit. I hold my breath in fear each time that I
must travel this stretch of Highway I and thank God that I made it through without being harmed
one more time. I do not think that within the city limits there should be a need for any such exces-
sive speed.
Thank you for taking the time to address my concerns and proposed solutions. I'm sure you, as a
City Council member and a reftdent, strive to make Iowa City the safest and most easily traveled
area it can be. I hope these suggestions bring attention to some areas that are in need of your scru-
tiny. I would appreciate a response to these points and I can be reached during business hours at
335-3132 or after five p.m. at 337-4014. For your convenience I have forwarded a copy of these
concerns to the Transit Manager, 'lYaffic Engineer, and my City Council member, Dee Norton.
A concerned resident,
Julie Fuhrmeister
September 27, 1996
CITY OF I0 WA CITY
Dear Iowa City Resident:
Do you have an interest, idea or opinion about the current or future housing situation in
Iowa City7 If so, I would like to invite you to participate in the Community Housing Forum
on October 23, 1996. The Forum will begin at 6:30 p.m. at the Iowa City Public Library,
Meeting Room A.
Representatives from the local business and financial community, the University of Iowa,
the lows City Area Association of Realtors, Home Builders Association of lows City, lows
City Area Chamber of Commerce, and local neighborhood organizations will be presenting
their perspectives on the housing situation. But the most important part of this forum will
be the opportunity you will have to present your ideas or concern~ in small group
discussions.
The goal is to develop a housing strategy for the City, one that reflects your issues,
concerns, and solutions. This strategy will be presented to entities responsible for housing
policies and strategies in Iowa City and Johnson County.
Please come and share your ideas at the Community Housing Forum on October 23, 1996.
If you have any questions about the Forum, please feel free to call me at 356-§244.
Sincerely,
Maurice Head
Community Development Coordinator
Im~headchf.cIoc
Housing
unity ,,
Forum
Wednesday, October 23
6:30 to 8:30 p.m.
at the Iowa City Public Library
Meeting Room A
Sponsored by the
city of Iowa city
iowa City Area Chamber of Commerce
and
Home Builders Associ~tion of iowa City
The forum will provide opportunities for residents of
Iowa City to voice their concerns about housing issues and
present alternative housing solutions.
!1
CIVIC CENTER - 410 E WASHINGTON ST
IOWA CITY IA 52240-1826
PHONE: (319)356-5400 FAX: (319)356-5459 TDD: (319)356-5404
September 25, 1996
JOHN PHILLIPS
US DEPT OF HOUSING & URBAN DEVELOPMENT
IOWA STATE OFFICE, GREAT PLAINS AREA
FEDERAL BUILDING
210 WALNUT ST ROOM 239
DES MOINES IA 50309-2155
Dear Mr. Phillips:
SUBJECT: 1996 PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP)
Enclosed is HUD-50072, PI-IMAP Certification, for the Iowa City Housing Authority for FY96 along with
supporting documentation.
Iowa City Housing Authority would like to request a modification for Indicator items 5 and 10.
Indicator 5, Unit Turnaround: Due to high turnover of rental units in the community, contractors cannot
be scheduled on short notice for such items as carpet and vinyl replacement.
Indicator I0, Operating Expenses: Eliminate two years of the trend period due to the change in
administration and the pursuit of Performance Funding Subsidy along with CIAP funding. The Iowa City
Housing Authority has received Performance Funding in FY96 which was calculated for that year and the
prior two years.
Please contact me at 319-356-5400 if you have any questions.
Sincerely,
Robert D. Hagarty
Housing Administrator
phmap\phmap96.doc
Public Housing Management u S. Depadment of Housing 7600..5
and Urban Development API'IS"II}IX l
Assessment Program (PHMAP) grace el Pubilc and Indian Housing
Certification O~B No. 2577-0t$$
Public ropetUng burden Io~ ~tis coll~on ollnlorma~on ~s es~mot~ Io average 3 hou~s per ~es~nse. Including ~e ~me ~o~ ~evle~ng ~uc~ons.
~ Syslom~. U.S. Dopa~onl el lieusing end U~ban u~e~op,,,u-. u , - -
P~ecl (257Z-0156). W~hlngton, D.C. 20~3. Do not send ~Is mmplolgd leto Io elgm~ el g~eso addressees.
In~lrucllons: A PHA's rosponsos to Ibis cerlificallon form musl be the PHA's actual d~ia: e.g., pdo~ Io any adjuslmenls for modillcallon ond/o~
exclusion requesls Ig the Indlcotms. Round porcenlages to two doclmal places.
]ONA CZTY HOUS[NG AUTHORITY 6-30-96 9-25-~996
Indlcalor 1: Vacancy Number & Perconlage
2
Tolal vaconl units
Aclual vacancy parcertl lot Ihe repealing month or a
snapshal picture el the actualvacancypercent al Ihe end 2 %
el the repealing period
Adjusted vacancy percent Ior Ihe repealing month or a
snapshal piclure el Ihe adjusted vacancy percent al the 2 %
end el the reporting period
Peacenl reduction el actual vacancies over pdor thaee
years HA %
Indicator 3: Rents Uncollected
Balance el rents uncollected as a pemonlage el IotalI 2
reals to be cellaclad
Indicalor 5: Unit Turnaround
Syslem has been eslabllshed to hack unll turnaround YES
(enler Yes or No)
Annual average number el calendar days lot vacant unit to 34
* Do prepared lot m-renlal and Iof a new lease Io take elleel
Indlcalor 6: Outslanding Work Orders
Pomenl el emergency liems correc~ed/abaled wilhin 24 100%
h~ours
Percoal el eelslanding work orders 4 %
Progress has been demonshat(~d ovor the mosl recent
ihree year period al mductng Ihe Ume required Io complete YES
rnalnlenance work orders (enter Yes or No)
Indicator 7: Annual Inspection end Condition el Units and YES
Systems
Syslem has been eslablished to hack Inspecllon and
repair el unlls end systems (enter Yes or No )
Percenlage el nails Inspeeled annually using slanderale
IhaI were el leasl equivalent fo Ihe Housing Qualily
100%
Percent el unIIs meeting HOS
99 %
Average number el days to bring non-emergency
maintenance Ilem,~ Io HOS 6
Percent of emergency liems conecledlabaled wllhtn
24 hours ._~00 %
PH^ Is on schedule. according lairs malnlanance plan,
to carreel uni[ dellclencies (enter Yes or No) YES
Average number el days to correct Idenlilled sysloms 0
9.eJ}q .ericlee
PtlA Is o n schedule, according lolls mahalenonco plan,
Io correcl Systems deficiencies (enter Yes or No) YES
Major systems Inspeeled annually (enler Yes or No) YES
Indicator B: 'renanIs Accoeels Receivable (TARs)
'~he PHA elects Io use: (mark one)
TheAnnualAverago ~
AnnualTAR Percent
Indicator 11: ResIdeal Initiatives
. Policies have been adopted and procedures
[mplemenled lot: (enler Yes or No)
Anll-drug slrateoylsecudly
Resident padlclpatlonrmanagemenl
Homeownership uppedunities
Economic deve[o pmenl/s ell-sulllcle ncy
Number el areas In which PHA has been succasslul In
s~nllican[ly Irr~mvlng condittonslacitvllles
Number of areas In which PHA shows minimal activity
YES
YES
yES
YES
3
S andards (HOS) .
Wc hcrcby ccrtJry Oral, ~ o[ dm submission datc, ~hc abovc [ndicatom, undcr 0m Public Housing IvL-mogcmcnt/~scssmcm Pmgmmn (PI tMAP), ~
Ln~c nnd nccumlc for iLS fisc,'d yc,',d* in,JicalCd nhovc.
The undcl~igncd further ocrdry that, to [hci~ pm-,~cnl LT~owlcd§c, dtcrc is no evidence to indicalc seriously dclicicnt lX:rfonnancc Oral c,'~ts denbt on
dec PIIA's capacity [o preserve mad protect its public housing dcvclopmcnL~ and operate Ihcm bt nccord,'u]cc wiO~ F~crnl law nnd regulations
/\pproluialc ~mclion5 [or intcation~ f;dsc ccrLificatien will bc imlX)SCd. incle(Jing su.~cnsion or dcbanecnt o[ the si§n~lodCs.
X NAOM~ J. NOVICK, MAYOR X ROBERT D. HAGART~ HOU,S(yNE
A Bo~d Rcsolulion approvm~ dais ccrti[ication is required ,-red must bc at~chcd to thc cxccutcd ccrtHicadon.
P~gvloU3 editions nfg ob$o!ete.
* MODIFICATION REQUESTED
ADMI NI STRATOI
{o,m HUD-$0072
Date: Thu, 3 Oct 1996 08:40:43 -0500
From: "John A. Nesbitt" <john-nesbitt@UIOWA.EDU>
Reply to: JC-NEWS@netins.net
To: jc-news@netins.net
Subject: 97 CCC: Citizen Participation Real Issue
"Neighborhood Betterment Bulletin: Johnson County,
John Nesbitt, Editor-Publisher
SERIES ..... 1997 CCC: 1997 City Council Campaign
in Kubby Rhubarb
OCT ,', o.
Iowa, USA, 1996'~
tU;..~ ' .: - ..-
ARTICLE .... citizen Participation: The Real Issue in the City Council
Rhubarb; "Encouraging Citizen Participation in Policy Formation"
SEE PRESS CITIZEN NEWS ARTICLE AND EDITORIAL:
*--"Kubby in the Hot Seat; Councilor Criticized for Part in Protest of Shaw
Shooting,,, ICPC, Sept. 25, 1996, p 7A.
*--"Kubby's Actions Were Inappropriate," ICPC Editorial, Sept. 26, 1996, p. 11A.
IOWA CITY CHARTER:
"The City should perform all acts and take all measures necessary
and desirable to ... encourage the participation of its citizens in policy
formation .... " Available: Iowa City Public Library.
ARTICLE:
THE CITY COUNCIL RHUBARB (see articles): Councilor Thornberry and
former Mayor Balmer criticized Councilor Kubby's encouragement of citizen
participation in Iowa City policy formation. She urged citizens to speak at
council and then encouraged them as they spoke.
The tensions leading to the criticism might include:
*--The stress that everyone, including the City Council, in Iowa City is
experiencing following the Eric Shaw Shooting.
*--The fact that Councilor Kubby is an intelligent, motivated, idealistic,
energetic, and outspoken City Councilor. Kubby was elected by the highest
vote count in Iowa City history. Kubby's constituency elected her to do
what she did. Future elections will support or reject her behavior.
*--Differences in political philosophy, methods, and style.
THE REAL ISSUES: CITIZEN PARTICIPATION
CITIZENS PARTICIPATION. The real issues in the Kubby rhubarb were
missed by the Press Citizen. First, the Press Citizen failed to acknowledge
the Iowa City City Charter includes a mandate to 'encourage citizen
participation in policy formation.'
Some people might not like citizens who carry signs and criticize
Iowa City Council saying, "People can do anything they want, but somehow it
don't seem democratic."
But, criticism is communication in a democratic society.
Communicating criticism is a citizen's obligation when government has gone
wrong -- as it has in Iowa City. Communicating criticism is part of policy
formation by participating citizens.
POLICY FORMATION IS NOW. Second, the Press Citizen failed to
reflect the dynamic that started within minutes after Eric Shaw was killed.
Iowa City City Council started re-thinking its priorities, policies, and
procedures on policing, crime, security, social planning, neighborhoods,
and welfare.
The City Council and Governance studied decisions and rehearsed
briefings will come in bits and pieces. But, the real, 'gut level'
political, cognitive, emotional, economic, and social decisions are going on
now, without citizen participation. These real decisions include how to get
Iowa City Council and Government out of its crime and policing quagmire with
as little damage to prestige as possible.
In part, this quagmire shows the dark, underside of the Iowa City
council's established priority and policy of "Economic Growth--We Have No
Choice', program. The "Growth on Automatic" has resulted in rapid and
excessive increase in population, police department 33 % understaffed,
breakdowns in neighborhoods and increased vulnerability to crime and
vandalism, increased aggressive police presence, and breakdowns in
communication between City Council and citizens.
The overall fact is a loss of public trust in the City Council's
protection and preservation of the Iowa City "Small World Class University
Town" tradition. There is a new feeling of 'big city problems have come
here.s
COMMUNICATION. Citizens have communicated to City Council about
Iowa City policies and procedures that undermine health, safety, and welfare
-- and Iowa City Council has not listened. Citizens communicated challenges
to neighborhood zoning, planning and development policies -- no listeners.
Citizens warned that the seeds of crime, vandalism, violence, and insecurity
were being planted -- no listeners.
Communication is two-way. Iowa City Council and Governance provide
one-way 'briefings,' not two-way communication. Communication doesn't work
when officialdom sits on posh, raised platforms peering down on citizens.
communication doesn't work when City Council and Governance just talk and
don't listen.
The City Council and City Governance communicated to citizens that
citizen appeals were naive, selfish-NIMBYs, unprofessional, unmeasurable,
ungrowth, not-in-the-plan, and lacked political clout. Citizens were
ignored when they reminded City Council of its unanimously adopted City
Council pro-small town ethic, pro-neighborhoods policies.
Are the City Councilors going to turn the policy formation over to
the City Manager and the Police Chief to work out? Then, rubber stamps the
policies? Then, communicate to citizens in a public 'briefing' what has
been decided for them, "in their best interest." That is not citizen
participation in policy formation and that is not communication.
ILL-INFORMED. The Kubby rhubarb news article and editorial were
ill-informed. The Press Citizen failed to start with the Press citizen's
informed reporting on the responsibility incumbent on the City of Iowa City
to encourage citizen participation in policy formation. Because of the life
and death factors involved in this new policy formation activity, this is
one of the most important 'policy formation' periods in Iowa City history.
It would seem that citizen participation would be appropriate.
UNFAIR. The Kubby article and editorial were unfair. First, they
were unfair because they did not report the opinions of any Councilors or
citizens who may have supported Councilor Kubby's actions. Reporting both
sides fairly is good journalism. It would have been fair to provide equal
space for a Guest Opinion in support of Councilor Kubby.
Second, the article and editorial were unfair because they failed to
report the actions of all City Councilors in 'encouraging citizens
participation in policy formation.' A report on each councilor on the means
of encouragement, how many citizens they encouraged, how many citizens
participated, and what they did would be newsworthy.
With information on each City Councilor's encouragement activity,
citizens can judge whose 'encouragement' behavior they do or do not endorse.
Then, citizens can write 'Smile and Scowl' letters and vote for or against
a candidate in the coming elections.
CITIZEN PARTICIPATION. Citizen communication is the form of
criticism on the past, of preference among options, and specific
recommendations are necessary to making a better Iowa City. Students and
businessmen/women will have to live under the new Iowa City Council policing
policies and procedures. Some officials might prefer to keep the citizens
out of current policy formation. But, democracy is the participation and
consent of the governed.
Iowa City is in the throes of major policy changes. Iowa City needs
City Councilors Baker, Lehman, Norton, Novick, Thornberry, Vanderhoef, and
Kubby to 'encourage citizen participation in policy formation.'
NEWSWORTHINESS. The Kubby rhubarb article and editorial lacks
newsworthiness. Newsworthy articles and reports include: Articles on crime
patterns, trends, and alerts. Articles on the type, incidence,
perpetuators, v~lnerable neighborhoods, and citizen self-help are
newsworthy. Police crime blotter reports on the funny and the weird are not
helpful to citizens.
These newsworthy articles and editorials are important to the future
of Iowa City, to informed citizens and informed City Councilors, to citizen
participation in policy formation, and to communication.
The Press Citizen coverage of the Eric Shaw Shooting has been
excellent. The Press Citizen has presented a range of citizen opinion on
the shooting and reported everything Iowa City Council and Governance has
released. The Press Citizen sponsorship of the "Re-building Public Trust
Forum" is highly commendable.
The Press Citizen has a key role to perform in re-building public
trust in the City Council Governance, in facilitating two-way communication,
and creating a new sense of community and protection. A "Small World Class
University Town" will thank the Press citizen for its contributions.
END OF ARTICLE
DISTRIBUTION TO:
Area Board and Councils: Coralville, Iowa City
Heights (Yarbrough), County (Bolkcom)
UIowa (Gibson)
Media: Daily Iowan, Gazette, Icon, DMR-Basu
IC Planning Department (Klingaman)
(Kubby/Karr),
University
PRESS CITIZEN:
Special to the Iowa City Press Citizen to
Reprint in Part or Completely and to Edit at Will
for Use on the Opinion Page= Smile or Scowl, Guest Opinion,
of Letter.
UIo----wa Prof-Emer. John Nesbitt, Ed.D., 362 Koser Av, Iowa City, IA 52246-3038 USA
TEL 319/337-7578 E-MAIL <john-nesbitt@uiowa.edu> FAX Available on Reql/eSt
*--ALL Nesbitt information on E-Mail/Internet/WWW is copywrited-by-Nesbitt
but poste~ in Public Domain for FREE reproduction/relay in part/completely
if: 1. Not for profit; 2. Full attribution; and 3. For-profit projects
contact Nesbitt.
*--NBB/LARC/SRD projects include: Fireworks Safety, Global Landmine
Ban,POW-MIA Families, Recreation People W/ Disabilities DIGEST, Return
Antiquities, Safe Play, Tibet-FREE, and I~RC Bulletin/Press: Leisure, Arts,
Recreation, Culture.
SEPTEMBER 1996
BUILDING PERMIT INFORMATION
KEY FOR ABBREVIATIONS
CITY OF I0 WA CITY
Type of Improvement:
ADD Addition
ALT Alteration
DEM Demolition
GRD Grading/excavation/filling
REP Repair
MOV Moving
FND Foundation only
OTH Other type of improvement
Type of Use:
NON Nonresidential
RAC Residential - accessory building
RDF Residential - duplex
RMF Residential - three or more family
RSF Residential - single family
MIX Commercial & Residential
OTH Other type of use
BLD96- 0536 PAUL D4~R. SON 931 N DODO£ ST
28' X 30' SINOI~ STORy ADDITION
BL096*0542 SUI{LONG 433
10' X 24' SUN ROOM/CLOSET
ADD ~S~ 2 0 $ 98000
0L096-0522 ROBERT pATfIE
ADD RSF I 0 $ 51000
ADD RSF 1 0 $ 30OOO
ADD RSF 1 0 $ 30000
ADD P. SF 1 0 $ 19972
ADD RSF 0 0 $ 13000
ADD RSF 1 0 $ 32000
ADD RSF 1 0 S 11241
ADD RSF I 0 $ 11000
ADD RSF 1 0 $ 11000
ADD R~F I 0 S 10000
ADD P~F 1 0 $ 9450
248 }IUrCHINSON AVE ADD RSF I 0 $ 6000
1324 FIU~NKLIN ST AI)D RSF 0 0 $ 6000
NON 0 0 $ 65000
0 0 $ 5000
AI.T RMF permits: 3 $ 13200
ALT RSF 0 0 $ 12500
ALT P~F 0 0 $ 2500
~J~T RSF 0 0 $ 1000
A.LT RSF 0 0 $ 500
A~T RSF permits: 5 $ 19200
MIX 4 48 $ 3900000
BLD96-0485 HODGE CONST CO 1114 N DOEX~£ ST N£~ M~X 2 I $ 140000
~CL%L BLr~LOING WIT:,'K R~S£D~'FfXAL OVeR
1 0 $ S0000
~ NON 0 0 $ 1000
$ 51000
18000
320 PAIRVI~N AV'i: NEW P. AC 1 0 $ 16000
fTSW RAC 1 0 $ 10000
2815 ROIiRET IU3 NEW RAC 1 0 $ 500
44800
NE~ RSF 2 I $ 229103
br~w R~F 2 1 $ 201009
BLD96-0531 HA~IOI,~I, ~ 2510 N DODG~ ST REp NON 0 0 $ 3695
10000
1100
R~p RSF 0 0 $ 6400
219 lEE ST ~P R~F 0 0 $ 6000
1110 COI,/,EOE ST REP RSF 0 0 $ 5280
1183
R, Green Company
CONSULTING ENGINEERS
September 24, 1996 ~
The Green Update--Special Issue
AITN: Environmental Compliance Managers
Highlights of the Safe
Drinking Water Act
S-1316
The Safe Drinking Water Act, which was signed
into law on August 6, 1996, may mean a few
operational adjustments at your water ~'eatment
facility. Key points of the act include authorization
of a $7.6 billion grant and loan fund to pay for
water system improvements, mandatory reporting
by water utilities of contaminant levels in their
customers' water, and greater flexibilit7 for the
EPA in revising health standards.
lf you wouM like a complete copy of the Safe
Drinking Water Act, plea. re contact Tina Wessels at
Howard l~ Green Compcmy, 1-800.728-7805.
Following are some of the changes that comprise
the Safe Water Drinking Act.
State Revolving Fund Program
The bill authorizes $7.6 billion in state revolving
funds (SRF) to help communities meet federal
drinking water standards. Systems seeking a loan or
grant from an SRF may be required by the state to
submit a water conservation plan consistent with
EPA guidelines. Of the $1 billion per year through
2003 that was authorized for capitalization grants
to states, 15% must go to systems serving 10,000 or
fewer people. States can transfer up to 33% of
water systems' state revolving funds to wastewater
systems.
Notification of Contamlnanta
A~mual reports on water contaminants and the
health effects of those contaminams must be
provided to the customers of water utilities. The
report must list the level of contaminants that were
found over the last year in the utility's water
supply, along with maximum conta.min~t Icyels
(MCLs) and maximum contarninant level goals
(MCLGs). The reports must use plain language so
customers can understand any possible health
concerns.
Large water systems are required to mail the annual
report to each customer. The governor may exempt
systems serving fewer than I0,000 from the
mailing requirement if they agree to make water
quality information available upon request and
publish the report annually in one or more local
newspapers.
EPA Standard Setting Process
Under the Safe Water Drinking Act, the EPA will
analyze the costs and benefits of a proposed
regulation. The EPA would no longer have to
create new regulations by setting standards for 25
additional contaminants every three years. Instead,
18 months after enacm~ent, and every five years
after that, the EPA would publish a list of
unregulated contaminants found in drinking water,
then use that list when proposing to regulate new
contmninants.
4250 Glass Road NE, PO Box 9009 * Cedar Rapids, IA 52409-9009 * 319/395-7805 fax 319/395-9410 foil free 800/728-7805
The bill would also uphold regulations on the
byproducts of disinfectants, such as chlorine, that
the EPA is developing.
Dislnfeotion Requimment~
All systems will now be required to use
disinfection ~a~ent. This requirement goes into
effect three years from the enactment date of the
water bill. A State may establish alternative
trea~aent requirements to ensure greater removal
of oont~nin~ts in the systems for which they are
responsible. This may m~ndste ~-eatment practices
in addition to or alt~'rnative to disinfection and
filtration.
Radon
The proposed radon regulations have been
withdrawn. The EPA is required to set new radon
rules under the act's cost / benefit analysis
prncedure. States that develop programs to reduce
public exposure to radon in air and water may face
less s~ngent sumdatds.
Operator Cartfficntion
Water systems operators rnus~ now be certified.
The EPA is required to sets guidelines for state
certification programs. Ifa stste do~s not meet the
guidelines, it can lose up to 20 percent of its SRF
money. Smaller systems (those serving 3,300
people or less) will be reimbursed by the EPA for
the costs of operator l~alning.
Souroe Water ProteoUon
The £PA is authorized to provide both technical
and finm~cial assistance for innovative and
enhanced surface and groundwater protection
prognuns. This includes aquifer protection,
wellhead protection and the Underground Injection
Control programs.
States implementing a source water assessment
program may be relieved of monitoring certain
Setting up a source water a~sessment program
i~cludes identifying boundaries of drinking water
sources and tracking the origins of con~nina~ts.
Cornmuni~,,-based pa~erships may petition for
SRF funds for water source protection projects.
States rnay also provide monitoring relief for small
systems serving fewer than 10,000 people.
Smaller Systems
Certain reduced standards are permitted for smaller
water systems which rnight no! have the money to
buy the best available technology. States rnsy grant
variances for systems serving 3,300 people or less.
"Small System Technical Assistance Centers" will
also be created to meet the technical and training
needs of these systems. In addition, systems
serving up to ! 0,000 could get variances with
permission of the E?A.
City of Iowa City
MEMORANDUM
Date: October 4, 1996
To: The Honorable Mayor Naomi Novick and Members of the City Council
From: Linda Newman Woito, City Attorney ~. ~
Re: Partial Litigation Update
1. City of Iowa City v. Plaza Center Associates, L.C. (Johnson County No. LACV057563)
On October 2, 1996 we filed a Petition in Johnson County District Court against Plaza
Center Associates, L.C. seeking to recover $38,248.99 the City paid to repair the brick
in the City Plaza after a pdvate water service line broke. Water was released under the
brick in the pedestrian mall, washing away the subsurface and causing the brick to
ripple and collapse. Plaza Center One owns the service line and, under City Code, is
responsible for maintenance of the line. Previous attempts to negotiate a resolution of
this matter with the defendant's insurance company were unsuccessful, so we
proceeded to collect by court action.
2. Cit._[y_~f Iowa City v. Michael A. McNiel et. al. (Johnson County No. LACV057516).
On August 27, 1996, a Johnson County Condemnation Commission awarded $48,000
to Michael A. McNiel, the owner of an auto repair shop on Waterfront Drive. The taking
was in fee simple for right-of-way of approximately 4,640 square feet. Mr. McNiel's land
was necessary for the extension of Southgate Avenue. The Condemnation
Commission's award was more than double the appraisal, namely $23,210 (our final
offer was $25,531.00). The award cannot be justified by land value, but rather was due
to Mr. McNiel's claim for lost profits. We filed a Notice of Appeal September 16, 1996,
and a petition perfecting the appeal was filed October 3, 1996. We have agreed to
release the funds to Mr. McNiel to stop the interest we must pay.
Please feel free to call me if you have any questions conceming these matters.
CC:
Marian Karr, City Clerk
Steve Arkins, City Manager
Dale Helling, Assistant City Manager
Chuck Schmadeke, Public Works Director
Assistant City Attorneys
Jolmson Courtly
Don Sehr, Chairperson
Joe Bolk¢om
Charles D. Duffy
Stephen P. Lacina
Sally Slutsman
BOARD OF SUPERVISORS
CORRECTION
October 8, 1996
INFORMAL MEETING
1. Call to order 9:00 a.m.
Agenda
Review of the formal minutes of October 3rd.
Business from the County Engineer.
a) Discussion re:
b) Discussion re:
c) Discussion re:
d) Other
bridge on Muscatine County line near Lone Tree.
ISTEA Enhancement Grant Application.
Kansas Avenue Bridge.
Business from the Director of Department of Public Health re: Crrants-
To-Counties Application for FY 98/discussion.
Business from Mary Rump, Transit Administrator/Planner and Chad
Sands, Assistant Planner for East Central Iowa Council of Governments
re: update of the project review process for Intermodal Surface
Transportation Efficiency Act (ISTEA)/discussion.
Business from Charles Harper re: Hoover Nature Trail for ISTEA Grant
Application/discussion.
913 SOUTH DUBUQUE ST. P.O. BOX 1350
IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000
FAX: (319) 356-6086
Agenda 10-8-96
Page 2
7. Business from the Board of Supervisors.
a) Letter from Mary Rump, Transit Administrator/Planner for East Central
Iowa Council of Oovermnents re: Region 10 Intermodal Surface
Transportation Efficiency Act (1STEA) Transit Planning Task
Force/discussion.
b) Discussion re: hiring of independent architect to determine cause of
mortar deterioration at courthouse.
¢) Discussion re: request of a $5,000.00 grant from Heritage Area Agency
on Aging to cover cost of medical hips provided by S.E.A.T.S.
d) Reports
e) Other
8. Discussion from the public.
9. Recess.
IOWA C1TY POLICE DEPARTMENT
410 FAST WASHINGTON STREET, IOWA CITY, IOWA 52240
SUMMARY OF INTERNAL AFFAIRS INVESTIGATION
THE DEATH OF ERIC SHAW
Lts. Fort and Sellers were assigned to conduct an Internal Affairs Investigation
into the shooting death of Eric Shaw. A complete-listin9 of the activities and the
dates of the activities of Lts. Fort and Sellers is included in this summary.
An internal investigation is a departmental investigation into complaints against
members of the police department of any allegation or. suspected violation of
departmental orders, rules and regulations, state statutes, or city ordinances.
This investigation is to be made to determine suitable disciplinary action, if
necessary, in accordance with personnel rules and regulations.
Officer Kelsay was assigned to patrol the commercial areas of the community
because of the' number of commercial burglaries. Officer Zacharias was
assigned to patrol duties for Field Training. Officer Gillaspie was assigned as a
Field Training Officer for Officer Zacharias.
At approximately 11:42 p.m. on August 30, 1996, Officer Kelsay found a door
ajar at what he believed was Ahrens Concrete. The following is from Officer
Kelsay's report of the incident:
~As I neared the door, it became apparent that it was open and it was
standing open. The door opened inward.' It was standing open, uh,
approximately 3/4 of an inch, half-inch to an inch. There was light coming
out of that door. I could not see anything inside the door except the door
jamb or wall just inside the door. Uh, I walked up to the door quietly, took
a quick look. There were several marks along the jamb - the door opens
in and the marks ware, would be on the opposite side of the way the door
opened. They could not have been made by the door opening and
closing. These marks, there was one near the strike plate and there were
some a little higher up too."
Officer Kelsay contacted the Emergency Communication Center and asked that
a marked unit be dispatched to his location. Officer Kelsay asked that the back-
up unit be dispatched over the Mobile Data Terminal System rather than voice
transmission. Before the Emergency Communication Center was able to
dispatch the request, Officer Kelsay saw a marked patrol unit going northbound
on Gilbert, which Officer Kelsay waved down. Officer Kelsay advised the
Emergency Communication Center that two officers were on the scene to
provide assistance. The two officers were Gillaspie and Zacharias.
Officers Kelsay and Gillaspie approached the door which is located on the north
side of the building at 1130 - 1132 S. Gilbert. Officer Zacharias returned to the
police vehicle to pick up his flashlight. The building has an outside light
attached to the northeast corner of the building slightly to the east of the north
door. Officer Kelsay was next to the outer wall and to the east of the doorway.
Officer Gillaspie was in front of the door, but a little to the east of the center of
the door. Officer Zacharias was approaching the doorway area from the west.
Officer Gillaspie began to push the door open with his left hand in which hewas
carrying his flashlight. He pushed the door open from the ajar position to an
opening of about two feet. The view into the building was approximately six to
eight inches due to a wall or partition immediately to the west of the doorway.
Officer Gillaspie made the following statements during an interview with the
Division of Criminal Investigation on September 12, 1996. Individuals present at
the interview were: J. Patrick White, Mr. Bruce L. Walker, Mr. Steven
Regenwether, and Mr. Ronald DeRooi, Special Agent, Iowa Division of Criminal
Investigation. In the following, the questions are by Mr. DeRooi and the answers
are those of Officer Gillaspie:
Gillaspic: All I remember is, you know, pushing the door open and being
startled that there was a person just directly in front of me. I just had not
expected someone to be right on top of me, just right there behind the door, and
there was just a - this person standing there, just like a yard from me.
DeRooi: Three feet?
Gillaspie: Approximately three feet.
DeRooi: When you saw him, what were his actions? What did he do?
Gillaspie: I - I remember a blur of movement and I don't even know if it was-
I think it was his hands, but I don't know for sure. I remember seeing just a blur
of movement. I think I startled him, I think is what happened, and I just
remember a blur of movement, an upward blur of movement.
The following questions were from J. Patrick White and answered by Officer
Gillaspie:
White: You used the word "flash" as part of what you observed and I'd just
like to ask what that has reference to. Does that mean something in addition to
the blur of movement that you saw?
Gillaspie: I - I just remember a -- if you're saying - asking me if I saw a
specific object, I did not. I just saw a blur of movement and, you know, there was
- I - think I mean like, you know, the flash of movement· I don't know if he had
something in his hand or not. There was just a blur of movement and-
White:
But still clearly recognizable to you as a person?
Gillaspie: As - yes.
White: Do-you have any recollection -- you have described him as
standing. Do you have any recollection of the relationship to the movement that
you saw and your recollection that he was standing?
Gillaspie: My impression was that he was standing but - but I don't
remember like seeing anything from, you know, his waist on down. My
impression was that he was standing, but I don't know for sure if he was or not. I
just remember just a - a startled - I startled him and he startled me and I just
saw like this flash of movement. My gun went off. I think I just got scared and
flinched. t never made a conscious decision that said: This is a threat, I need to
deal with this threat by pulling a tfigger, or anything like that. I just - I flinched·
Officer Zacharias' report follows the same basic lines that Officer's Gillaspie and
Kelsay.do Officer Zacharias was near the door when he saw Gillaspie pushing
the door open. The following is from Officer Zacharias' report:
"1 don't know how fast Jeff was opening up the door, um, the door was
about a third of the way open and he was fight in about the door frame
when all of a sudden it seemed to me he stood up and fired one shot. He
backed away, his gun came out of his hand, he seemed like he almost
threw it, you know, up.. brought his hand up and it landed approximately
fight in front of where I was at."
Immediately after the gun was discharged Officer Gillaspie backed away from
the door. Officer Kelsay entered the building and radioed for medical help.
Officer Kelsay asked for a supervisor to come to the scene. The location was
secured after emergency medical personnel left the area to await the Division of
Criminal Investigation personnel. The investigation of the incident was turned
over to the Division of Criminal Investigation.
3
The sidearm which was carried by Officer Gillaspie was checked by the Division
of Criminal Investigations Laboratory and found to be in normal working order.
Lts. Fort and Sellers completed the Internal Affairs Investigation on September
30, 1996 which is nineteen working days after they were assigned. Based upon
the evidence and interviews which were conducted, the conclusion and
recommendations of Lts. Fort and Sellers are as follows:
Officer Zacharias - No violations for disciplinary action.
Officer Kelsay - No violations for disciplinary action.
Officer Gillaspie - Violation of department's use of force policy. Removal · from duty (Department).
Chief Winkelhake determined that Officer Gillaspie had exercised improper and
unjustified use of force and Officer Gillaspie resigned the department.
The attached materials from the County Attorney's news conference on October
3, 1996 are included and add some additional information, such as the
Laboratory,Report on Officer Gillaspie's sidearm and more of the statements of
the three officers involved in the death of Eric Shaw.
Numerous miscellaneous memoranda were not included in this summary,
however copies can be made available upon request. These memoranda and
related documents are public information through other sources, however were
not included due to their relevance to the decisions/recommendations reached
by the investigating officers.
4
MEMORANDUM
TO:
Steve Atkins, City Manager
FROM:
R. J. Winkelhake, Chief of Police
RE:
UPDATE ON STATUS OF INTERNAL AFFAIRS INVESTIGATION
DATE:
September 30, 1996
Shooting of Mr. Shaw at 1131 S. Gilbert on 8~30~96 at 23:45 hours by an Iowa
City Police Officer.
Officers Involved:
#03 - Gillaspie
g43 - Kelsay
#12 - Zacharias
Police Officers who ardved after the fact:
#87 - Lt. Johnson
#94 - Sgt. Jackson
#95 - Sgt. Wyss
#82 - Sgt. Steffen
#27 - Hurd
#09 - Prestegard
#36 - Lippola
#50 - Steva
#05 - Cox
#25 - Maurer
Fire Personnel:
Lt. Bok
Lyle Deeds
Nate Nopkins
Ambulance Personnel:
Steve Spenler
John Grier (Firefighter for ICFP)
09-04-96
Special Order #96-35 issued by R. J. Winkelhake, Chief of Police assigning Lt.
Danny Sellers and Lt. Ronald Fort to conduct an internal investigation in regard to
the shooting.
LA.I.R. #96-~0
09-05-96
#86 Lt. Sellers and #92 Lt. Fort assigned to the IA investigation. Short meeting with
Chief Winkelhake and Capt. Harney.
09-06-96
#92 Meeting with Capt. Harney to receive the case # and forms.
#92 Called DCI Agent Benson and asked him to ask the DCI Lab to check the
weapon to see if the weapon had been altered and if the trigger pull was within
factory limits. PBX# 319-396-7144
#92 Copied all of the reports in the case file. Case #96-607479, Incident #96047129
09-09-96
#92 Talked to Mr. Shaw (uncle of victim). Met him at 18:20 hours in Watch
Commanders Office. Asked for family input into the investigation and asked if Lt.
Sellers and I could view the part of the building where the incident took place. Gave
him my card and home phone #. As of 09-29-96 no one from the family has made
further contact with me.
Made copies of parts of the General Orders that may address this investigation.
09-10-96
dks. started reviewing Use of Force Policy and General Rules and Regulations.
Rules and Regulation Manual, Section 330 - Firearms, Section 330.2, Subsection C.
Use of Weapon. Additional Conduct of Investigation, Section 345.06, Issued
December 1, 1995.
9-11-96
#92 got the names of the ambulance crew who were at the scene.
of the ambulance crews report.
Received a copy
#92 got a copy of case #96-607477, incident #9647118 -fight in progress call at
Lakeside. Last call Gillaspie was on before the shooting.
#92 talked to DCl Agent Ron DeRooi. Advised him of what we were going to do and
asked if we should hold off on anything. He asked me not to interview Officer
Gillaspie until he was finished with him. He stated he would advise me when he was
done with his final interview.
09-13-96
#92 Received Medical Examiner Autopsy Report. Put in file.
#92 & #86 interviewed the ambulance personnel and the ICFD Lt. in charge of the
firefighters on the scene. This was done on tape. Chose not to interview the other
two firefighters who were on this call. Received copies of all the Fire Department
records reference this call.
09-17-96
#92 Memo to Chief of Police about the investigation. Copy of memo put in IA file.
Received copy of the radio log and traffic on the radio from Lt. Johnson. Received a
copy of some of the phone conversations which were on the same tape. Received
this from Lt. Johnson.
09-18-96
#92 Made an appointment with Officer Kelsay for an interview on 09-19-96 at 16:00
hours. Left a message on Officer Zacharias' answering machine and contacted his
mother to have him call me.
Had a short meeting with Officer Zacharias in my office and set up a time to interview
him.
Took two (2) tapes to word processing. Given to Barb Coffey (Document Services).
09-19-96
#92 & #86 interviewed Sgt. Jackson in the morning (0400 to 0500 hrs).
#92 & #86 interviewed Officers Zacharias and Kelsay in the afternoon. This was
done at the ICPD. Internal investigation forms were signed by both officers (1500 to
1800 hours).
09-20-96
#92 The three (3) tapes were taken to word processing.
Document Services.
Given to Barb Coffey in
#92 Talked to Bruce Walker (Attorney for Gillaspie). Set up an interview time of
09-30-96 at 9:30 hours to talk to Officer Gillaspie at Walker's Office, Date was at the
request of Walker. Sent a fax of internal affairs forms to Attorney Walker.
09-21-96
#92 talked to Attorney Walker in my office. He gave me a copy of the statement
Officer Gillaspie gave to the DCI (Agent DeRooi) on September 12, 1996 (0900 to
1000 hours).
09-22-96
#92 started putting investigation material into book form.
09-24-96
#92 picked up tapes and interview reports from
Zacharias.
Barb Coffey for Kelsay and
09-25-96
#92 Memo to Chief requesting extra time to finish. Memo in IA file. - Extra time not
granted by Chief. As it turned out, the extra time was not necessary.
#92 reviewed material from Barb Coffey.
09-26-96
#92 talked to Lt. Sellers 0500 hours reference the case.
#92 talked to Attorney Bruce Walker in an attempt to move up the interview date.
#92 numbered book and brought everything up to date.
#92 received shooting scores from Detective Schultz.
#92 Attorney Walker called back and stated he could not reach Officer Gillaspie.
09-27-96
#92 went over I.A.I.R. 96-10 reports with Lt. Sellers. This was done around 0500
hours. Talked with Police Chief. He asked me if we could be finished by Monday
afternoon 09-30-96. Advised the Chief I saw no problem with this deadline at this
time.
#92 picked up the tapes and reports from Barb Coffey of interview with Lt. Bok
(ICFD) and Spenler from the ambulance service.
#92 picked up the tape and report from Barb Coffey of interview with Sgt. Jackson.
9-28-96
#92 and #86 went over the entire case file. Put in rough draft of our findings.
the case file in final order. This was done around 0430 hours.
Put
#92 gave the entire case file to the City Manager for him to review at 1130 hours.
09-29-96
#92 received the entire case file back from the City Manager at 0945 hours.
09-30-96
#92 & #86 interviewed Officer Gillaspie at 0930 hours. This was done on tape.
#92 took the tape to Barb Coffey. Waited for her to get done with it.
#92 & #86 filled out and signed the findings on all three officers involved.
09-30-96
Entire case file turned over to R. J. Winkelhake, Chief of Police for the City of Iowa
City, Iowa.
J. Patrick While
Ceunty Attemey
Office of the
.lohnson County Attorney
~ C,o~ty Courthouse * 417 South Chnton Street · P.O. Box 2450 * Iowa Cily, IA 52244
Phofie (319) 339-6100 * Fax (319) 339-6149
October 3, 1996
Attached materials released by the Johnson County Attorney
regarding the death of Eric Fielding Shaw resulting from being
shot by Jeffrey Arthur Gillaspie, which shooting was not
justified.
Summary of relevant information from DCI interviews of:
Officer'Jeffrey Gillaspie
Detective Troy Kelsay .
Officer Darin Zacharias
David Butitta .
Iowa City Police Department reports prepared by:
Detective Troy Kelsay .
Officer Darin Zacharias .
Excerpt of Iowa State Medical Examiner
Report of Autopsy:
DCI Criminalistics Laboratory Report
re Gillaspie's pistol .
Excerpts from sworn statement of
Jeffrey Gillaspie .
Criminal violations considered
Malice aforethought . .
Recklessness
Knowledge
Mens rea
1
2
3
4
11
13
14
29
· · 30
31
32
· · 33
Summary of
Relevant Information from
DCI Interview of
Officer Jeffrey Gillaspie
August 31, 1996
Gillaspie stated: He and Zacharias were northbound on
Gilbert Street returning to the civic center at the end of their
shift; they were flagged down by Kelsay in plain clothes on the
east side of the street; Zacharias was driving and pulled in
near Ahrens Concrete; Kelsay said he had found an open door on
the north side of the building; Kelsay radioed to dispatch that
he and Zacharias were out with him at the open door; Kelsay said
he was not wearing a vest and asked Gillaspie to enter first;
Kelsay took a position to the left of the door; Gillaspie
observed a light on through the window to the right of the door;
he observed no movement inside; he placed his flashlight in his
left hand; Kelsay unholstered his weapon; Gillaspie unholstered
his weapon; Zacharias was behind him; Gillaspie had his handgun
in his right hand as he used his left hand to push open the
door; as he started to open the door, he was startled by a white
male standing just inside the doorway, ~he scared me;" the man
made a quick movement of the man's hands upward toward his own
chest; "I don't remember the gun going off;" he heard the man
screa~ and fall to the floor; "I saw in his hand, it was a
telephone in his hand;" "I fucked up, I took a h~man life;" "Do
you know what that means? I took a h~man life;" ~'I don't even
remember pulling the trigger;" "I remember he scared the shit
out of me;" ~'I don't know what he was doing in the building at
that time of night°"
Summary of
Relevant Information from
DCI Interview of
Detective Troy Kelsay
August 31, 1996
Kelsay stated: He began plain clothes foot patrol about 11:00
P.M. in the Gilbert Court, Gilbert Street, Benton Street, South Dubuque
and Kirkwood area; he discovered an open door at Dodge Cleaners but
datefro/ned that it led to locked doors; he crossed the street and
observed the exterior door on the north side of Ahrens Concrete/Iowa
Vending %k~secured with a crack of %-1 inch between the door and the jam;'
he observed a light on inside; he was uncomfortable entering without a
~tfor~ or vest; he used a cell phone to request ~arked back-up; he
observed light through east windows but could not see through the
windows because of material in front of them; he heard no noise or
conversation inside; he observed a marked car and flagged it down and
Zachartas and Gillaspic pulled in; he pointed out the door and advised
~/spatch ~? cancel his request for back-up; as they approached the door,
Zacharias returned to the squad car apparently for his flashlight; he
took up a posi:ion on the northeast corner of the building near the
door; Gillaspic took up a position on the other side of the door to make
initial entry; Gillaspic had a flashlight and bent down looking for
~arks on the door; Gillaspic drew his handgun in his right hand and
placed his left hand on the door; Gillaspic began to push the door open;
he heard the report of a gun discharging; Gillaspic doubled over,
bobbing his head up and down saying, ~'Oh fuck, oh fuck, oh fuck" as he
backed away from the door; Gillaspie's gun had fallen to the ground;
Gillaspic was f%~bling for his m/crophone; Kelsay observed the victim
lying Just inside the door; Gillaspic was saying, "Help him, help hi~;"
he observed a wall-mo~nted phone just inside the door and the phone was
dangling by the cord; he radioed for an ambulance and a supervisor;
Gillaspic was very upset and continued to mutter, ~Oh fuck, oh fuck."
summary of
Relevant Information from
DCI Interview of
Officer Darin Zacharias
August 31, 1996
Zacharias stated: He was in the second step of his field
training with the Iowa City Police Department and Officer Jeff
Gillaspie was his training officer; he was driving the squad car
and pulled in off of Gilbert Street at Detective Kelsay's
signal; Kelsay approached the squad car and told them he had an
open door and believed it could be a burglary in progress; all
three of them walked toward the door, but he had to return to
the car to get his flashlight; Gillaspie and Kelsay were at the
hinge side of ~he door; he observed light through a partially
covered window and a small amount of light from the door
perimeter; Gillaspie had his gun drawn; his view of Kelsay was
partially blocked by'Gillaspie and he could not tell if Kelsay's
gun was drawn; he took a position 3-5 feet out from the lock
side of the doo.r and at a diagonal; he drew his own weapon and
kept it at his side; Gillaspie began to push the door open
slowly with his left hand which also held his flashlight;
Gillaspie took a quick step back and fired his gun; he estimated
the door was open 2-2~ feet; after he fired, Gillaspie
immediately dropped his gun; Gillaspie tried to radio but had
difficulty speaking; Kelsay radioed the call; at that point he
could observe a man on his knees clutching his chest; Gillaspie
said, "Oh, my God;" Kelsay told him to stay with Gillaspie;
Gillaspie yelled at Kelsay to check on the man; Kelsay picked up
Gillaspie's gun; Gillaspie went back to the area of the squad
car pacing rapidly back and forth saying repeatedly, "Oh, my
God, oh, my God. Let him be okay;" he heard no sounds or
communication from anyone at the door.
Summary of
Relevant Information
DCI Interview of
Dave Butitta
from
August 31, 1996
JQ:
DB:
JQ:
DB:
JQ:
DB:
JQ:
DB:
JB:
So you were talking and then, why don't you just go ahead and tell me about um... what
he went ahead and was saying on the phone and what you know about at that time.
Oh... we were talkin', I don't really recall at what point in the conversation but it was kind
of winding down, I was sensing that he was gonna.. he was gonna hang up soon and he
was gonna go about penciling out his art. And then I uh... I...it all happened pretty quick,
maybe within forty seconds, beginning to end...!..I...I head what sounded like... like Edc
had been startled. You know...I don't remember if he really verbalizod words or not but
he definitely uttered something like he'd been stoA;ed.
Did you hear anything on the phone or anything?
Well, well at !hat point alii heard was Edc seemingly startled and...
VVh...how...how do.you... how would you descdbe that I guess, what you heard?
I..it sound like someone... it sound'like someone that'l~ad just seen an intruder or
something, like he was responding as if he didn't know what was going on.
Did .he say anything or...?
I... whatever... whatever he said was drown-deal out by... by him screaming ... as if he'd
been in pain. Urn... high and low notes and then I... I heard a slow breathing on the
phone and I uh... I was sayin' is there anyone there, anyone there, and then I heard what
sounded like a police officer talking to maybe another police officer talking into his... his...
the thing on their shoulder. whatever...
Uh huh...
DB:
...And what it sounded like was that there's been a shot, code something, I don't know if it
was code 52 or something... get a supervisor down here. Get a supervisor down here.
And then 1... i just went hello, hello, hello, and uh... I didn't hear anymore from Eric, I didn't
hear anymore screaming, I hung up the phone and that's when I uh.. '1 went and got my
calling card because I don't have a long distance carder and. it took me a couple minutes
to push in the access codes and I called ... I got the assistance to get the phone number
4
for Iowa Police Department. Iowa Cit~/. then I called them directly a~,d told them that I was
talking to a friend of mine and something... something happened... and... and that I think
they should send someone down there. The person on the other phone said is the
address 1100 Gilbert or something to that effect, I... I thought it through my head that it
was four blocks from my business which is 520, the one that was now Edc's business,
520 Gilbert, and i said yeah, and they said well there's an officer on location now
responding to an open door. They said at this point we don't know anymore and they got
my number and uh... I... I told them that he had parents living in town at the time...I was
kind of distraught and I couldn't remember their names, and in about five, ten minutes I
called them back with their names.
JQ: You called back the police department?
DB:
Police department and gave urn.. as...as...as... Jay and Blossom and uh... would they call
'urn, and they said well the... they were in the middle of it dght then and they were doing
things right then and that it... that they would call me back, it was a pdorfty but I would
have to understand that I wasn't the first of the priorities, they had to figure out what was
going on. So I uh... I hung up and... and 1... I redialed the access code again and I dialed
uh... for Jay and Blossom and I woke up Blossom and I... I asked her to... if she would
please wake up Jay.
JQ: O.K.O.K. Let's get back to the phone conversation again. Can you kinda go through
that again, what you heard on the phone and then...
DB: I heard what sounded like Edc panicked and shocked, I don't know if he spoke anything
out or if he just kind of let out a... like you would if you were su ,mrised...
JQ: Um hum.
DB:
...Maybe a gasp of air, and I think he... then I heard... it just sounded like someone... like
two or three times going... you know... it was almost an animal like howl. You know, it
wasn't a...a vocalization of words, just as if, as if someone was dying or something.
JQ: Did you hear a shot?
08:
I don't know if I heard a shot or if I heard the phone drop, at the point I thought I heard a
phone... I assumed it was the phone dropped out of his hand and it hit. I heard that noise,
and I heard the three or four screams, it sounded like... like coming out his throat but not
really being vocalized, but then I heard what I thought was boathing, shallow breathing on
the phone. and I heard it sounded like a police officer saying we got a shooting, code
something, get a supervisor down here now... as if he was talking either to someone
behind him, I don't know if he had someone with him, the officer, or if he was talking to a...
you know an electronic device.
OB:
We would leave the door open because of the... the temperature maybe. I mean it would
be real common to leave the door open, when we were using it would be moving wood in
and out. Uh... he'd park his van, we'd park the van close. And it wasn't uncommon fora
policeman to drive by and even check. What are you boys doin? Well, you know, things
like that. I mean that happened over the years, once or twice. Uh... we'd use that place
and we'd be down there five in the morning, six in the morning, sometimes four in the
morning cause... to try to get everything done. August is a real busy time for our business
and we... we use as a chop place for cuttin' wood, we be there day and night. Uh...
5
OFFENDER ~USPECTEO OF USING IWEAPON,-INONE~yE$.QESCRiRE: i RELATiONSHip TO VICTiM
~ ALCOHOL. Q DRUGS ;3 ~M~ EQUIP
~ ~C US I~ VlN I REGiSRED QWNE~
~ COLOR - Y~R ~ MODEL, ADDmON~
CODE N~E ADDRESS WORK PHON~
JHQME PHONE
OATE/'I'IME L.A~T SEEN I BY LOCATION LA.5'T $E~N~-' 1-1'Y NO
CLOTHING SCARS, ETC, I PO.SSIBLE OESTINATIQN
NAFIRATIVE
On 08-30-1996, I was working a burglary detail in conjunction with
$gt Wyss 6 Lt Johnson. I yes in plain-clothes & on ~ooc. I had parked my
vehicle at 110§ Gilbert Cc (Johnson Co Depc of Public HealcM. I walked
northbound along the alley Just east of, & parallel ~o, GtJ. berr St, checking
the various bu.slnesses along the way. ~hen I reached ~encon S= I turned west,
went to Dubuque St, then turned south, checking the buslneses on the east side
of the street. Ar Kirkwood Av I turned east & checked the bui.tdtngs along
the north side of the stree= to Gilbert St. ~ter checking the businesses
on the northwest cor~er of KirksoDd ~v & Gilbert St, I proceeded south ~ou$
the businesses on the west side DE Gilbert St. A~ter checking Dodge Cleaners
(227 lsc $c) ~ crossed Gilbert $c ~o the east. Saginning ~rh Budget Car & ~rnck~3
.~ ,-- ~approached ~rens Concrete (lL30 S G~berc St) I saw chac the door
ll~T~pproached quietly 6 saw some marks, possibly p~ ~arks, on the
J~ near ~ha latch. The door was open less than an inch. I could noC see
or hear anyone inside.
[cont.]
6
JUV~m~
-.
IOWA GITY P',,-- , N,A.ClP-AT';VE
I proceeded to the rear of the building (east side) while calling
dispatch om my cellular phone... I did not want to use my portable radio
in the event that it might be scanned by possible burglars. There were
~wo win~ows to the rear. Although I could see that the lights were on,
there was plywood or shelving blocking my view of the interior. I requested
that a marked patrol ,,nit be dispatched to the scene via MDT & that Sgt Wyss
be notified via MDT (2342 hrs). As soon as I completed the call, I saw
a marked patrol car northbound on Gilbert St nearing my location. I flagged
the car down & advised dispatch co disregard dispatching a unit as Gil!aspie
& Zacharlas were already on the scene with me (2343 hrs).
I pointed the open door out to Gillaspie & Zacharias. Gillaspie & I
approached the door while Zacharias returned to his car for a flashlight.
I took a position to the left (east) of the door with my flashlight in my
left hand a my pistol in my right. Gillespie was standing in front of the
door w"ich his flashlight ~ pistol... he bent over ~o ex~ine che pry mar~.
~ he pushed :he door open a gunshou was fired. Gillespie dropped his
pistol ~ b~gau co back away from the door while bobbing up ~ do~ au che waist
~ ~xcla~lng, "Oh fuck!" repeatedly. I was mot certain whecher Gillespie
had fired a sho~ or had been shoc h~self.
I kep~ my a~tem:iom om :he door & moved ~o where I could see in che opening
created by G~laspie (approx~ately s~ inches). I could see :he :~p of
Sbaw's h~ad & his face as be was on :he floor Just ~sEde ~he doo~. He
seemed ~o be hav~g extreme difficulty breathing or cou~Lsious. I
requested an ~bulauce "~ghc Nowl" a a ~upe~isor (2344 hrs).' I se~ my radio do~
~o ~end ~o Shaw ~ :old Zacharias ~o stay wi~h Gillespie, who was con:~muing
~o back away saying, "Help h~... Melp h~..." I pushed ~he door past Shaw
~ a~mp~ed ~o find a carotid pulse... I was unable to loca~e one. I ~epeaced
my r~qu~u ~o dispatch for am ~bulance "Code 3" for a ~usho: wound... a single
~ushoC ~o caucamss (2345 hrs).
I pushed a ~able ~ s~e other c!u:~e: away fromw~ere Shaw was on
floor so ~ha~ I could roll h~ to his back. I had b~u ~able co find a
puLs~. ~e did uoc have any rhyt~ic breathing, however be did have oacassiou~
spa~. I~tially, be was ou his righc side in a i~al position. ~ere was a
large ~ounc of blood pool~g beneath h~ from a wouud co his ch~sc. ~ere was
also s~e lesser bl~d~g from his back in :he vicimiry of his left shoulder-
blade. ~ Jackson a~ived as did IC~ & JC~. I relinquished my care of
Shaw ~o medical personnel
m s~.~ ~c~r~'r~,,~ p ~,G s..,~ x m m~. ............................... 0 the scene.
................... o (cout.]
~t,S ~8~T P~q~,~y ~1~ SIl~' P ~ P~ X ~ ~:~. ..........................
G~j S.~t,~ U~ ~ p ~ pq,;,~ X tq g~ ................................... [-1
~8 T.~qlA W rd~, p~ifN.~ p ~ p~:~ X ~ B~,~ ............................
EXHIBIT
CASE
IOWA ~ P~.,.
Prior to SSt Jackson's arrival, I had retrieved Glllaspie's pistol from
the $round Just outside the door... the hammer was down. While caring for
Shaw I moved several objects ~ the business, & removed $haw's glasses &
placed them on a csble or bench in the business. I bad never been able to
locate a pulse on Shaw & the spa~s had stopped prior to ~he arrival of
medical personnel. JCA$ personnel dete~ined ~hat resuscitation e~or~s
were ~ut~e. ~edical personnel were ~emoved ~rom ~he scene. In addition
to those already ~encioned, Lc Johnson, S$c ~yss, S$c Sceffen, &Ofc ~urd
were rapidly on the scene (Burd documented the na~es of medical persoos on
the scene).
~cer the medic~ persons left, an outer per.star was secured ~ich
police tape. I located the spent shell-casin$ in on the $ravel drive &
marked/covered iC with a paper cup. I reached inside ~he business &shuc
the lisht off (to prevent $awkers from nearby buildings). $$c Wyss
~ssisted me in cap~ a sheet over the open doorway. Ac 0030 hrs I
relinquished concrol of Glllaspie's piscol... I placed ic in a Zip-lok
ba$;.~ & placed i~ in ~he c~ of unmarked car ~43 (in ~ss' control) where
lC was secured by ~yss... the pistol.was uoc clesred, buC left as I found
£~. At abou~ 0100 hrs I lefc che scene & went ~o the PD to wait ~or
D¢I's arrive.
08-31-1996
~ an attempt to identify Sha~ I had removed a nylon, ta~ & green,
tri-~old wallet from a rear pocket. An IA picture DL was found in the
wallet iden~£fyin$ Shaw. The DL was $1ven to S$c Jackson at the scene.
0607 hrs ~hts date, the wallet & remainin~ contents (assorted ID's,
notes, & $2'') was reliuquished co DCI Special Asent Wade Kisuer.
EXHIBIT
CASE.
8
STATEMENT OF: DARIN ZACHARIAS
DEPARTMENT:IOWA CITY POLICE
DATE:AUGUST 30, 1996
LOCATION:1130 S.GILBERT ST.
CASE ~96-607479
INC. #96047129
TIME: 2346
ON 08-30--96, I WAS ON ROUTINE PATROL WITH OFFICER GILLASPIE.
WE W~RE ON OUR WAY BACK FROM A CALL AT LAKESIDE GOING TO THE
POLICE DEPT., BECAUSE OUR SHIFT WAS ENDING. WE WERE DRIVING
NORTH ON GILBERT ST. TALKING OVER WHAT HAD HAPPENED DURING OUR
SHIFT. I NOTICED A PERSON ON THE WEST SIDE OF THE ROAD WAVING
HIS ARM IN THE AIR TRYING TO GET MY ATTENTION. AS WE GOT CLOSER
TO THE INDIVIDUAL I NOTICED THAT IT WAS DETECTIVE KELSAY. I
PULLED THE PATROL C3LR INTO AN ALLEY ON THE NORTH'SIDE OF 1130
S.GILBERT ST. GILLASPIE AND I GOT OUT OF THE CAR, KELSAY TOLD
US IN ALMOST A WHISPER THAT HE HAD AN OPEN DOOR. WE ALL STARTED
TO WALK FAST DOWN THE ALLEY, I GOT ABOUT TEN TO FIFTEEN FEET
FROM THE CAR AND REALIZED THAT I DID NOT HAVE MY FLASHLIGHT.
I RETURNED BACK TO THE CAR TO RETRIEVE MY FLASHLIGHT, WHICH
WAS ON THE FLOOR IN FRONT OF THE DRIVERS SEAT. I CLOSED THE
DOOR SOFT AS I COULD SO I WOULD NOT MAKE ANY OR LITTLE NOISE,
BECAUSE I DIDN'T KNOW WHAT BUILDING WE WERE GOING 'TOo AS I
STARTED TO WALK BACK TOWARDS GILLASPIE AND KELSAY, I NOTICED
THAT THEY WERE NEXT TO A DOOR ON THE NORTH SIDE OF THE BUILDING.
KELSAY WAS ON THE EAST SIDE OF THE DOOR STANDING NEXT TO THE
BUILDING, GILLASPIE WAS STANDING ON THE NORTHEAST CORNER OF
THE DOOR (HE WAS NOT STANDING RIGHT IN FRONT OF THE DOOR BUT
IN AN OFF SET POSITION TO THE DOOR ABOUT ONE TO TWO FEET FROM
THE DOOR). AS I APPROACHED THEM SAW THAT GILLASPIE H~tD HIS
WEAPON IN HIS RIGHT HAND ALONG SIDE HIS LEG, I DID NOT NOTICE
IF K~LSAY HAD HIS. WEAPON IN HIS HAND BECAUSE GILLASPIE WAS
BLOCKING MY VIEW OF HIM. THERE WAS A WINDOW ON THE EAST SIDE
OF THE DOOR, BEHIND WHERE F~ELSAY WAS STANDING. THERE WAS SOM~
LIGHT COMING FROM A WINDOW, IT SEEMED FROM WH~RE I WAS STANDING
THAT THEP~E WOULD HAVE BEEN A SHADE IN FRONT OF THE WINDOW OR
SOMETHING IN FRONT OF THE WINDOW BLOCKING THE VIEW OF WHAT WAS
INSIDE. AS I WAS WALKING UP I TOOK MY WEAPON FROM THE HOLSTER
AND HAD IT IN MY LEFT HAND ALONG SIDE MY LEG A~D MY FLASH LIGHT
IN MY RIGHT HA/TD. I STOPPED ON THE WEST SIDE OF THE DOOR ABOUT
TWO OR THI{EE FE~T FROM THE BUILDING. I COULD SEE A LITTLE LIGHT
COMING FROM AROUND THE EDGES OF THE DOOR. GILLASPIE STEPPED
IN CLOSER TO THE DOOR FROM THE EAST SIDE AND STARTED TO PUSH
THE DOOR OPEN. I COULD NOT SEE WHAT WAS ON THE INSIDEr ALL
I COULD SEE WAS THE DOOR (I WOULD NEED TO BE ON THE OTHER SIDE
TO SEE IN). AS GILLASPIE WAS OPENING THE DOOR I TOOK A STEP
CLOSER GETTING READY TO FOLLOW HIM IN. GILLASPIE OPENED THE
DOOR SLOWLY ABOUT A THIRD OF THE WAY AND WAS INCHING HIS WAY
IN. GILLASPIE DID NOT GOT THREW THE DOOR, HE WOULD HAVE BEEN
IN THE DOOR FRAMe. GILLASPIE SEEMED TO, ALL IN ONE MOTION STAND
STRAIGHT UP AND FIRE HIS WEAPON INTO THE BUILDING. I COULD
NOT SEE WHAT WAS IN THE BUILDING, DUE TO THE WALL AND THE DOOR
EXHIBIT
W~ IN THE WAY FROM THE POSITION I WAS STANDING AT. GILLASPIE
STEPPED BACK AND DROPPED HIS WEAPON ALMOST RIGHT IN FRONT OF
~E. H~ I~ACKED FOR HIS RADIO TO CALL IT IN BUT WAS UNABLE TO
AND TOLD KELSAY TO CALL IT IN. KELSAY CALLED IT IN WHILE I
LOOKED AROUND THE DOOR FRAME TO SEE WHAT WAS INSIDE THE BUILDING.
INSIDE TH~ DOOR I SAW A WHITE MALE, DARK ~AIR,
WAERING
.I._ _WOULDS SAY THAT HE WAS APPROXIMATELY THTM ....... GLASSES,
S KNEES WITH HIS ARMS ACCROSSED HIS CHEST CURLED
_-~_~u mOST LIKE A HALL BUT NOT LAYING ON TN'~ ~'t.r~n~ ,~?~ .~.UP
~ACE LOOKING TOWi%RDS THE FLOOR. -- ..... " "~ ~
I NOTICED SOME BLOOD ON THE
FLOOR BUT I COULD NOT TELL WHERE HE HAD BEEN SHOT. KELSAY TOLD
M.E TO GO STAY WITH GILLASPIE, GILLASPIE WAS YELLING AT KELSAY
TO CHECK ON HIM(THE VICTIM). I HOLSTERED MY WEAPON AND WENT
TOWARD GILBERT 'ST. WHERE GILLASPIE WAS PACING BACK AND FORTH.
KELSAY PICF~ED UP GILLASPIES WEAPON AND SECURED IT, I DID NOT
SEE WITERE HE PUT IT. I STAYED WITH GILLASPIE OUT BY GILLBERT
ST. AND BY OUR PATROL CAR. GILLASPIE KEPT PACING ~ND I WAS
TRYING TO CALM HIM DOWN BUT I DID NOT SEEM TO HAVE ANY EFFECT
ON HIM. I NOTICED A PATROL CAR COMING SOUTH' ON GILLBERT ST.,
I FLASHED MY FLASHLIGHT A FEW TIMES SO THEY COULD SEE WHERE
WE W~E AT. SARGENT JACKSON WAS THE FIRST ONE ON THE SCENE
AND THEN ~ PRESTEGARD IN AN UNMARKED PATROL CAR. JACKSON
TOLD ME MOVE MY C~ TO THE EAST SIDE OF THE ALLEY, I TOOK TH~
CAR AND PARKED IT ON THE BACK SIDE OF THE BUILDING. PRESTEGA.~/)
T. OOK THE UNMA~D. TO THE EAST SIDE OF THE ALLEY AND BLOCKED
OFF THE ALLEY. JACKSON FAD GILLASPIE HAVE SEAT IN THE UNMARKED
AND PHESTEGARD STAYED WITH HIM. A SHORT TIM~ LATER THEY TOOK
GILLASPIE TO THE POLICE DEPT. THEY HAD M.E SIT IN ANOTHER PATROL
C~ IN FRONT OF THE BUILDING. I WAS TOLD THAT THEY WERE GOING
TO TA/{E ME TO THE BACK OF THE BUILDING BECAUSE THA~RE WERE GOING
TO BE A LOT OF PEOPLE COMING TO THE SCENE. ABOUT A MINUTE LATER
A WHITE VEHICLE PULLS INTO TH~ ALLEY FACING THE CAR I WAS IN.
I COULD NOT SEE A LOT BECAUSE THE HEAD LIGHTS WERE SHINING RIGHT
IN MY FACE. I DID. SEE SOME ONE GO RUNNING WITH A COUPLE OF
OTITERS RIGHT BEHIND THEM. AT ABOUT THAT TIME OFFICER STEVA
CAME AND GAVE ME A RIDE TO THE POLICE DEPT.
EXHIBIT
CASE_
10
Pa~e 1
C~E NUMB~P,:
DECEDENT:
M~6-127
SHAW, ERIC REINING
Data of Autopsy: 8-31.~6 Time of Autopsy: 1
Dma of Deat~: 8-30-~6 'l~me of Death: 2348
Autopsy toquestad by: Dr. T. T, Bozek, County Medical Examiner
County: John~n
Body identified by:. Accompanying papers
Facir~ whera parfi3rmed: Mercy Hospital morgue, Iowa City
~-xcez'pts
o£
IOWA STATE MEDICAL EXAMINER
REPORT OF AUTOPSY
PA'I"'HO LOGIC DIAGNOSES:
Pene~'ating distant/indeterminate range, medium caliber gunshot wound to chest:
Perfi3ratlon of heart vanlz~es and pulmonary artery base, wtt~ hemopedcardlum.
Contusion of right lung upper lobe antedor edge.
Laceration and perforaUon of left lung, with massive lett homothorax.
PedoniUon of $~mach and spleen, wfth mild hemoperltoneum.
Penetration of left outer back musculoskeletal tissues..
PROBABLE CAUSE OF DEATH: Gunshot wound [o cheeL
~'~ i..~E~.,.~( ,U...,1 Thomas L. Bennett, M.D.
ct
1!
At pe~rtem examinal~n, ~e decedent indeed ~ ~und ~ ~e aus~n~ a ~ngle ~ne~ng
~lum ~l~ gu~ ~und ~ ~e ~dor ~L ~e ~und ~ en~ ~e up~r mi~ and
~ ~, ~, and o~s (to ~e left). ~e ~und ~ ~ ~mugh ~e ~mast
p~te, bm~ ~e ~ht ~ng, ~m~ ~e hea~ la~mted and ~m~ ~e left lung ~ ~s~e
he~e in~ ~e MR ~t ~ ~d ~d~ial ~c, ~m~ ~e ~ and spl~n and
u~ ~ ~ I~ in ~e su~n~us ~ues of ~e left I~r o~r ~ No ~er sign~nt inju~
or any unde~ying d~e~e were iden~. Bas~ upon visual ins~on of ~e ~o~ing ~d wound, ~is is
~ns~nt ~ a di~nffindete~inate ~ge gu~hot wound to ~e ~L
Official Report Of L96-9424
Iowa Department of Public Safety LaUratory Case No.
DCl Crimlnalistics Laboratory
Wallace Building September 18. 1996
Des Moines, Iowa 50;319 Date
(51§) 281-3666
See Code of Iowa ~clJ~l 691.2 Pmsumpllon of Qualit~11~11 of Ernp~/ee.
~ ~ 113~11~ tn ~ re~'l I~S ~n Ila/~31~ In Oollfotmily ~th the ~le~ of ~ [X~l I.a~101~/a~ alii in the iowa P, Om~nisl~l~m C.4xle
(661. Cha~ta~s 7 and 12).
Case Type: DEATH INVESTIGATION
Suspect(s): JEFF GILLASPIE
Victim(s):
R~ o~ Victor M. Murillo, Criminalist
The Beretta model g6 40 ~&W semi-automatic pistol bsadng serial number
BER029879M (Exhibit B) was examined and test fired, and the resulting bullets
and casings recovered for comparison purposes. The Beretta pistol was in good
physical condition and functioned as the manufacturer intended. The single action
and double action trigger pulls were measured and both were within
manufacturer's specifications, The pistol was submitted wi~h a single magazine
containing ten (10) Winchests? cartridges and a single Winchester cartridge which
was removed from the chamber.
C
The Winchester 40 $&W casing (Exhibit C) was examined and Identified as
having been fired in the Beretta pistol (Exhibit B).
N
The .40 caliber bullet (Exhibit N) was examined and Identified as having been
fired from the Beretta pistol (Exhibit B).
The green T-shirt (Exhibit I) was examined and noted to have an apparent bullet
entrance hole in the upper center chest area. The area around the hole was
examined and a smokeless powder pattern was noted. The pattern noted on the
shirt c~uld be reproduced using the Beretta pistol and ammunition, at a muzzle to-
garment distance of approximately three (3) feet.
The items examined are being retained In the laboratory pending the analysis of
all items submitted.
i
Johnson
EXCERPTS FROM SWORN $TATF/~NT
OF JEFF~Y GILLASPI£
$EPTF. P[B£R 12, 1996
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12 BY M~. DeR00I:
19 Q. To your knowledge, was there any special
{nvestiga~ion ongoing by the Iowa City Police
21 Department at that particular time that was brought to
22 your attention?
A. We -- I don't know if there was that day or not.
24 They had, witkin the last couple days prior to the
incident -- they passed out a sheet of --
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com~uter-generated sheet like two or three pages --
burglaries that had been occurring. Co~m~nd staff was
concerned'a~out there'd been a sharp increase in
b=rglaries and they put out a computer-generated sheet
that had showed all the commercial burglaries that had
occurred over the last -- I tb{-k it was a couple
months and they wanted us out, you know, as a presence
and also to be aware in our situation -- aware of --
of this situation and keep our eyes open.
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7 Q If yOU could, in order of sequence, describe %o
me the calls that you recall having that day, type of
9 calls you were on, the type of incidents, the outcome
10 of each call?
11 A. The last incident that I recall very well was
12 a -- a 10-10, a fight involving a knife, out at the
Lakeside Apartments. That was the call -- ~he last
14 call that we had prior ~o being flagged down by
Detective Kelsay.
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19 10-10.
We responded code three, lights and
and we were the third car to arrive at the
we
9 have got a poli~-y that if any -- if force is used,
10 that we're supposed to, you know ~- we're supposed =o
11 do a report aud I told Steve and Bateheller ~hat,
12 "You're gunna have to do a repgr~, even though no
13 arrest was made." Guns were ~rawn and stuff. There's
14 gonna need to be a report.
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We drove wes~ound on Highway Six. We were
headed iuto the station. We were ACtually -- I'm sure
we were -- it was past 11:30, so we were gonna be
going off duty. We turned northbound on Gilber~
Street and as we drove up Gilbert Street, Detective
Troy Kelsay waved us down.
I thif~ the nigh~ before
20 Detective ~rian Krei and Troy had been out. They'd
21 been out, I think, fairly often ~n unma~ked ca~s and
22 i~ 91=in clothes doing surveillance and also watching
23 buildings and stuff, trying to catch the commercial
24 burglars ~ha= were hitting Iowa City.
We pulled in. Kelsay was st~-ding there. ~e's
3 in plain clothes. He tells me that he's found an open
4 door on a Business. He points towards =he buil~ng
5 ~d says Kha= ~here's ~ open door. He says ~ha= he
6 hadn't -- ~'= he~ an~g ~d =hat -- looks like
7 there's a light on someplace inside. ~d I said,
8 "Okay." ~d got out o~ =he c~ ~d D~in got out of
9 =he c~, s~%ed to walk up =ow~ds =he ~l~ng and I
10 r~er a= some 9oin~ loo~ng back over ~ shoulder
11 because D=~ was jogging back over to =he s~ad c~
impression was he'd
his flashlight,
Walked up towards -- close to the building
16 and Kelsay said ~ha= he wanted somebody with a vest to
117 go thr~ugh~he door first. And I said, "Okay." And I
18 u~derstood that. He was in plain clothes. He d~d='t
19 have a bullet-proof vest on. I did. I'm in unlfo=m.
20 Walked up towards =he building, and there's a window
21 to the right of ~he door, and there's a bunch of -- I
22 don't know wha~ it was -- et=ff piled in front of the
23 window, so you can'= see d~rectly in but there's a --
24 the&e was a small space, if you're looking in, that
25 went do~n at, I guess, a lover left angle and I looked
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in. I could see there was a light on in the place
someplace. I didn't see any movement. I didn't hear
anything. Troy walked to the -- I guess it would be
the northeast corner of the building. Darrinwas
someplace'behind me. I don't know where. I walked up
closer to the door. I looked -- I bent over and I
looked at the door plate, I guess it would be. There
was some scratches on it. I couldn't determine if
they were fresh or old. There was some scratches on
the door plate. The door's open, maybe an inch and a
half, two inches. I looked in, and from looking in, I
couldn't see anything. I could tell there was a light
on in the business. Didn't see anything. Didn't hear
anyth;-g. There was no movement. There was no sound
coming from inside the business that I could
dete=;L~ne. I looked over at Troy and he -- I think he
nodded at me or made some kind of a face like he was
ready to go in. He unholstered his weapon. I
unholste~e~my weapon. I assume Darrin -n~olstered
his weapon. Darrinwas someplace beB{md me. I got up
close to the door. Still didn't hear anything.
Still.~idn't see anything. Troy no~de~ at me that he
was ready to go in. 5e was gonna come in behind me.
I had -- I had my -- I am right-handed. I had my
service weapon in my right hand. I had my left hand
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against the door. I said something to Troy like, you
know, "I can see there's a light inside." Started to
push the door open and as I pushed the door open,
there was .a figure in front of me, star~led me, and I
was shocked that there was somebody right behind the
door. I wasn't expecting anybody behind the door.
There was a flash of movement. I ~hink we star%led
one another. My gun went off. I never made a
conscious decision to even pull the trigger.
went off.
screamed,
My gun
The figure fell to the ground and --
fell to the ground. I looked down, and I
12 saw this guy lying on the floor and I saw a phone and
13 I ---I stab-ted -- I started to freak out and at some
14 point I dropped my weapon, and I star~ed =o scream
into the radio, "Get help." I had star~ed scre-m~ng,
16 "City 3, City 3," I think is what I started to say.
17 Troy told me =o shut up or told me %o knock it off,
he'd put in the radio call. Troy got on =he radio and
19 requested an ambulance or something. I -- I remember
20 looking do~n and seeing ~ ~ on the c~:ot.~d and I
screamed at Troy to help him. I said, "Help him.
22 Help him." And Troy bent down in the doorway, and I
23 was upset and Troy, I think, told Darrin to like take
care of me. Take care of me. Take care of me. And
Darrin kept ~rying to tell me to calm down and I was
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s=re- g ~d he didn't uncle=stand what had happened --
gravity of what had just happened. Dic~n't understand.
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went in ~he building?
A.
Q.
A.
Q.
A.
Did you make any verbalization at the time you
No.
Was there a reason for that?
No.
Was there a reason you didn't verbalize?
Our standard operating procedure on open doors is
for our personal safety and stuff we don't -- if there
is a bad guy and stuff, we don't ~-~ounoe that the
police are here and we are coming in, and the reason
we don't do that is because we don't w~nt to give them
the opportunity to -- the opportunity to, I guess,
have a tacti=al upper hand on us and --
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{Hr. White returned.)
Okay.
-- hurt us if they know we're coming in.
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Q. However, did you push the door open just prior to
the shot going off? How far was that door open?
A. My impression was that the door was open two and
a half feet (indicating), two feet. Shoulder-width.
Q. Do you rein-tuber what kind of sight picture that
gave ~ou of the -- of Eric Shaw standing there?
A. ~11 I remember is, you know, pushing the door
open and .being startled that there was a person just
directly in front of me. I just had not expected
someone to be right on top of me, just right there
behind the door, and there was just a -- this person
standing there, just like a yard from me.
Q. Three feet?
A. Approximately three feet.
Q. When you saw him, what were kis actions? What
did he do?
A. I -- I remember a blur of movement and I don't
even know if it was -- I think it was his h~nds but I
don't kno~ for sure.
movement. I think I
happened,
I remember seeing just a blur of
startled him, I think is what
and I just remember a blur of movement, an
i upward blur of movement.
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Q. Is it standard procedure for you on a building
that is on -- that you believe, '~n your mind, is being
hurgla~ized, to go in with your weapons drawn?
A. Always.
.Why 'is that?
A. That's so -- that's what we were taught at the
academy. That's what we do with the police
department. If a building is being burglarized, it's
a felony-in-progress call. That's how they look on
it. It' s a -- it' s a very dangerous situation, an
officer to be searching a building that's being
burglarized, and we're taught to go in guns drawn.
Q. ~hy is that, though?
A. For our -- so -- for our s=fe~y, to protect us.
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A. I just rem-~her being shocked that my gun had
gone off, and one shot.
Q. What did you do at that po4~t after you shot?
What ~id you do with the weaponS.
A. At some point after the shot a~d I -- and I --
you know, I saw Hr. Shaw on the floor, at some point I
~ropped my weapon and I think I dropped my weapon and
tried to yell into the radio.
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Q®
fight with knives just prior to this, you
thrueat, you'd indicated that you had your
on approach; perceived a threat on that?
The call that you had, that you backed up, on the
perceived a
weapon out
¥eah, we --
You also perceived a threa= or did you perceive a
South Gilbert where the shooting of
threat at 1132
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Eric Shaw took place? Was there a threat, in your
~d, at both ~hose places?
A. There was a threat in n~ m;nd as far as the
possibili=y that there was a burglary in progress,
and, you know, the danger of going into a building
that was being burglarized, being the firs= one in.
As f~r as that goes, yeah, there was a threat.
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You used the word 'flash"
as part of what you observed and I'd just
like to ask what that has reference to.
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TH~ WITNESS: I -- I just reme~er a -- if
you're saying -- asking me if I saw a
specific object, I did not. I just saw a
blur of movement and, you know, there was --
I -- I think I mean like, you know, the
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flash of movement. I don't know if he had
something in his hand or not. There was
just a blur of movemsnt and --
MR. WHITe.' But still clearly recognizable
to you as a person?
TW~. WITNESS: As -- yes.
MR. WHITE: Do you have any recollection --
you have described him as standing. Do you
have any recollection of the relationship to
the movement that you saw and your
recollection that he was standing?
T~ WIT1T~SS= My imgr. ession was that he was
stancling but -- but I don't remember like
seeing ~nything from, you know, his waist on
down. My impression was that he was
'standing but I don't know for sure if he was
or not. I just remember just a -- a
startled -- I startled ~;~ a~d he star~led
me and I just saw like this flash of
movement. My gun went of~. I think I just
got scared and flinched. I never made a
conscious decision that said= This is a
threat, I need to deal with =his threat by
pulling a trigger, or anything like =hat.
just-- I flinched.
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MR. WHZT~: Do you have any recollection of
h~s relative height at that point by
comparison to yourself? Was his head level
with yours, below yours, higher than yours?
~ WITNESS: I don't remember for sure
exactly how I was standing or -- I don't
thi~k I was standing, you know, straight --
.straight up but I don't th{nk I was crouched
way down. My impression was that we were
basically sim~ lat.
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MR. WHI~: And, again, you have talked
about a blur of movement and your
recollection and observation ~i.~'t include
any perception that he had a weapon, you
just saw movement?
THE WITNESS: No, he just star~led me. I
dtda't tb~ that h~ had a g~a, oh, my God
or anything. It was like, oh, m~ God,
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there's a person in front of me, and it
star~led me.
MR. WHITe: And I take it you're satisfied --
you don't know anyth;-g about the testing of
the weapon, nor do we at this point, but in
your mind you're satisfied that the gun
didn't accidentally d/scharge; that it
discharged from your function?
TH~ WI~S$: I believe it discharged
because I flinched.
!23
I remember looking down and seeing
him lying there and looking at a phone on
the ground next to him.
MR. WHITe: That was your first sight of =he
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phone?
TWO. WITNESS: That was my first sight of the
.phone.
~R. WHITE: The scream that you heard from
him, was it just a sound or was it a word or
can you recall?
Tw~- WITNESS: It was like a -- it was a
scream of -- of fear and he didn't say a
word or anything. He just went, you know,
like, "Ahhh," and fell to the ground.
MR. WHITE: And that sound came as a result
of being shot rather than preceding it?
TH~ WITNESS: I think so.
~R. w~ITE: And was ~hat the only sound that
you ever heard from him -- ~ from inside?
TKE WITNESS: That's the only sound I ever
heard from him, was a scream.
MR. WHITE: As you were backing away, you
described yourself telling Officer Zaoharias
that he didn't understand. Xou indicated
that you used that statement more than once.
Can you elaborate a bit on what it was that
he wasn't understanding and do you recall
any more of your conversation with him?
TH~ WITNESS: He was trying to tell me to
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'like,
and I
cal~ down, and I kept saying to him, you
know, he didn't understand.
was, I just shot somebody,
understand that,
happened. And I
'understand. You don't understand." He is
"Jeff, calm down. Jeff, calm down,"
think I said to him-- I said, "There
was a phone. There was a phone." You know,
"I saw a phone." And I was --- and that's
what I. meant. You know, it's like I had
shot & h~man being.
What I meant
and he didn't
the gravity of what had
just said, "You don't
MR. WHITE: I ass,~me from what you had to
say, too, it's fair to conclude that you
recognized i~ediately that that person
.shouldn't have been shot --
THE WITNESS: Yes.
HR. W~ITE: -- or that he ~idn't need to be
shot?
T~ WITNESS: Yes.
HR. WHITE: Can you articulate -~y more
about why =hat was your ~-~ed~iate perception
as opposed to the possibility that this was
_~- armed burglar?
THE WITNESS: I uever made the conscious
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decision to fire my weapon. You know, I
never -- I never intentionally pulled the
trigger --4 so I knew right away, you know,
I hadn't even perceived -- I was startled.
I haan.t perceived, yo~ know, and then I
guess, you know, in my mind looking down at
him a~d seeing a phone near his body just
brought into total understanding that an
· innocent person had just been shot badly by
me, and .there was no two ways around it.
There was a phone next to 'him, you know, and
I just -- I felt awful and, you know, later
at the station other officers were trying to
tell me that, "Well, you know, you perceived
a threat," or something, and I am like, you
know, ~hat's bullshit. I feel like Barney
Fife. I flinched. You know, there was no
decision on my par~ to protect myself. I
: just flinched.
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MR. WHITE: One of the things that I don't
full~ understand yet, is the
characterization of this as a felony in
progress and that has to do with the overall
'question of how the department responds to
open doors, which I know is a bit of an
oversimplification, but can you explain to
us whether there are any differences in open
door scenarios? Would you, pursuant to
departmental policy, enter every open door
with your weapon out?
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TH~ WITNESS: I -- I th{-k the -- the policy
.is fairly, I believe, wide-open and it's an
officer'e perception thing.
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I don't think there's any
written policy that says one way or the
other that entering a eituation, you will or
will not draw your weapon. I don't think
there is any policy like that. It's based
on an officer's perception of danger and of
what's occurring.
flexible.
I think it's fairly
Criminal Violations Considered
Section(s) Title
Absent element
707.1 Murder
Malice aforethought
707.4 ~' ~ Voluntary
Monalaughter
Irresistible passion
707.5
Involuntary
Mo,~slaughter
Recklessness
721.2
724.30
N0nfelonious
Misconduct in
Office
Reckless Use
of a Firearm
I~nowingly fail to perform
duty
Recklessness
29
700.7
Murder- Definition of
Malice Aforethought.
"Malice" is a state of mind which leads one to
retentionally do a wrongful act [to the injury
of another] [in disregard of the rights of
another] out of actual hatred, or with an evil
or unlawful purpose. It may be estabhshed by
evidence of actual hatred, or by proof of a
deliberate or fixed intent to do injury. It may
be found from the acts and conduct of the
defendant, and the means used in doing the
wrongful and injurious act. Malice requires
only such deliberation that would make a
person appreciate and understand the nature
of the act and its consequences, as
distinguished from the act done in the
heat of passion.
"Malice aforethought" is a fixed purpose or
design to do some physical harm to another
which exists before the act is committed. It
does not have to exist for any particular
length of time.
200.20 Recklessness
A person is "reckless" or acts
"recklessly" when [he] [she] willfully
disregards the safety of persons or
property. It is more than a lack of
reasonable care which may cause
unintentional injury. Recklessness is
conduct which is consciously done with
willful disregard of the consequences,
and a person knows or should know a
risk of harm to another or to property
is created. Though recklessness is
willful, it is not intentional in the
sense that harm is intended to result.
3!
200,3 Knowledge- Definition.
For the defendant to [know] [have
knowledge of] something means [he]
[she] had a conscious awareness that
(element requiring knowledge).
3~
Mens rea
A guilty mind;
a guilty or wrongful
purpose'
a criminal intent.
~3
¢ TY CMPL ycE !
We
need you for the City's portion of the
joint service project
AN-uP, ATTE Y-UP'
pAY
sponsored by the City TEAM Committee,
Elderly Services Agency, the American Red Cross
and the Iowa City Fire Department
Join your coworkers in helping senior
citizens ir~ iowa City prepare for winter.
Tasks ir~clude leaf raking,
storm wir~dow installation,
and gutter cleaning,
Family members weicome~
Date: Saturday, November 2
from 8:00 AM ~-~ 12:00 PM
Refer to the flyer and
s~g~[ p form in
your September :27 ....... '
paycheck