HomeMy WebLinkAbout1996-12-03 CorrespondenceTo: Cily Council
Re: Pedicab insurance
RECEIVED NOV 2 6 lgg6
My name is John A. Weber and I am the owner of Jawbone Pedicab
Company. I own }wo pedicabs. Righi now my cabs are required to have
the same insurance coverage as taxicabs. I think that lhis Js unreasonable
and I would like to see that changed. I think it should be changed for two
reasons. First, I cannot afford to operate with insurance at the required
rate. Second, pedicabs are not as risky as taxicabs.
When I first investigated operating a pedicab in Iowa City, I expected to
gross approximately $3840 annually per cab, provided no inclement
weather. Af the time, the insurance requiremenl was liability coverage of
$500,000 wilh no slipulafed deductible. After an exhauslive search, I
finally found a company that would sell me insurance for my pedicab.
The premium was $500 and the deductible was $1000. Shortly after I had
purchased my cabs, the city voled to double lhe required coverage
amount and stipulated a deduclible of $1000. The insurance company I
had previously conlacted refused to provide insurance wilh those
requirements. After three monlhs of searching, cajoling and pleading, I
finally convinced them to cover me. My premium is now $1420 annually.
My rent is $45 a month, my phone is approximately $35 a month. Variable
costs such as batteries and repairs I estimate to be $1152 annually per
cab. The total ar.nual cost per cab with the new required rate of
insurance is $3542, whereas beforehand it was $2622. Profit has gone
from $1218 annually per cab to $298 annually per cab. I cannot stay in
business at this rate.
i
Both of the taxicab companies that i spoke with operate 24 hours a day, 7
days a week, 365 days a year (61,320 hours annually). They travel quickly
from place to place because their customer satisfaction (read: tips)
depend upon it. They are driving large vehicles which are capable of a
greal deal of destruclion in the event of an accidenl. In contrast,
pedicabs, being a specialty service, operate when people have the most
leisure time, the weekend. They operate approximately 24 to 3:2 hours a
week, depending upon weather. Pedicabs do not operale in rain, sleet,
snow, or ice. Pedicabs do not operate when it is cold. Pedicabs can
expect to operate about 800 hours annually. Pedicabs cannot travel
quickly. Our customers do not expect to go anywhere quickly. A
pedicab driver's tips are not dependent upon speed so much as comfort.
Pedicabs are not capable of doing anywhere near as much damage as
a taxicab. To require that these two services have the same liability
coverage is clearly unfair.
In conclusion, I would like to point out that pedicabs are environmentally
friendly and energy efficient. Pedicabs provide jobs and they are a
positive high profile business that would be bringing more lite and business
to the downtown. Please return required insurance to the original
$500,000 liability/no stipulated deductible rate for pedicabs and keep this
business in town.
Thank you for your time and considerorion,
Eill Kidwell
655 Arlington Drive
Iowa City. IA 62245
IW) 337.2150
(H) 337-3021
Gary Watts Sarah Leyden Sandy Liben§uth
$68 Hwy I West 4725 Westchester Dr NE 328 N 7th Avenue
Iowa City. IA 52246 Cedar Rapids, IA 52404 Iowa City, IA $2245
(W) 354-0581 (H) 353.5534 (H) 338~6008
Terri Heinehen
717 Arlington Drive
Iowa City, IA 52245
(H) asa~276
November 21, 1996
The Honorable Naomi Novak
Mayor of Iowa City
lmva City Civic Center
410 East Washington
lo~va City, IA 52240
Re: Speed limits on Americau Leglos Road
DearMadamMa3or:
I am writing to you as the President of the Windsor Ridge ltomcowners Association.
As )ou aad council memhers are aware, Windsor Ridge is located East of Fairvies¥ Golf Course to the North of American
Legion Road. This is a fairl2, new sub-division, but now has rift)' some families living there, most with children.
1, as well as other residents of Windsor Ridge, ha~e noticed there are ao speed lintit signs from Scott Boulevard to Taft Road
indicating the maximum speed. Prior to the annexation, I am sure the limit ~¥as 55mph.
On several occasions as I ha~e been returning home io the e~eoing ~ith my turn signal ou 600-800 feet prior to turuing left, 1
have almost been struck from the rear. This has happened in the morning hours as well ~hen turning right or Io the West
onto Americm~ Legion Road. There is a hilltop just to the East of Arlinglon Drive and a curve right in froat of the golf
course. Both locations make for a dangcross situation.
In addition, most families ia the development have children ~ho ride bic,~cles v~ th no shoulder on titat road and without a
speed limit, it again makes for a dangerous situation.
For the above reasons I mo asking, as the President of the development, that the city council consider posting speed limit signs
front Scott Boulevard e~l to Taft Road on the American Legtoo Road. I am not asking for a 2Smph limit, bul would think a
35otph speed litnit in that area ~ould be appropriate.
Thank 3ou for .~ ou consideration iu this matter.
Shlcerely,
Presideut
Windsor Ridge itotneo~ners
411 Jefferson Street
Iowa City, IA 52245
November 18, 1996
Madame Mayor:
I have recently become aware that the city council is discussing plans to enlarge
Oakland Cemetery by expanding into Hickory Hill Park, by as much as 40 acres.
to express my opposition to any encroachment into the Park.
I wish
It is very troublesome that some of the councilors are basing their decision on plans
made back in 1919, when Iowa City was a small town in a rural county. In 1919, no one
could have envisioned the huge growth of Iowa City as well as Johnson County. You
have a serious responsibility to act as stewards of our land, including park land. As the
town grows, so will the number of people wanting to enjoy the parks. We need more
park space, not less. An even greater concern is the amount of money proposed for
this plan; between $200,000 to $300,000 for the more expansive plan. This is hard to
accept when tl~e city council tells us that we cannot afford more low-income housing, or
public transpotation.
I, too, have family members resting at Oakland. However, I am much more concerned
with the future of this community, than in expanding our budal grounds. Hopefully, the
council will agree with the Parks Committee, which also opposes expansion into one of
our most beautiful parks.
Sincerely,
Joe Eichelberger
Betty M. Sedlacek
RECE,,,~.[
Betty M. Sedlacek
CONVENTION
i UIIRLIILL[
VISITORS BUREAU
R iverview Square
408 First Avenue
Coralville. Iowa 52241-2406 319-337-6592
Mayor Naomi Novick
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
November 19, 1996
Dear Ms. Novick;
The Iowa City/Coralville Convention & Visitors Bureau is about to embark
on its 15th year of marketing the Iowa City area as a destination for
conventions, tourists and special events. To continue our efforts, we are
requesting 25% of the hotel/motel taxes collected for the fiscal year 1998.
Over the course of the last 14 years, Bureau marketing efforts have helped
boost hotel/motel tax revenues for Iowa City to over $3,700,000. These visitor
taxes provide relief for local tax payers by supporting our police and recreation
departments. Reinvesting 25% of those taxes in the Bureau's tourism
marketing programs ensures the continued flow and growth of hotel/motel
tax dollars to our city coffers.
Perhaps more significant is the total economic impact of visitors on the local
economy. In 1995, visitors spent $118,700,000 in Johnson County supporting
the 2,240 local employees of the tourism industry. Payroll for tourism
industry employees in Johnson County now tops $21,700,000 each year*. Let's
keep these numbers growing, too. Tourism works for Iowa City.
Thank-you for your consideration.
Sincerely,
Fran Jensen2
President, Board of Directors
CC:
Enclosures:
Larry Baker, Karen Kubby, Ernie Lehman, Dee Norton,
Dean Thornberry, Dee Vanderhoef, Steve Arkins, Don Yucuis
FY 98 Proposed Budget
Budget Notes
800-283-6592
-; 19-337-9953 (FAX)
* U.S. Travel Data Center, The Economic hnpact of Travel on Iowa Counties, 1995.
Proposed FY 98 Budget
Iowa Cfiy/Coralvtlle Conventtrot Visitors Burea#
see
notes
2
RESOURCES
In-lcind donations
City of Coralville-Rent
FY97
BUDGET
23.600
REVENUES
Coralville Motel Tax $ 120,000
Iowa Qty Motel Tax $ 104,000
Interest $ '. ,200
Dues $ 5,900
Retail Sales $ 700
Visitor Gtl~ide advertising $ 9,000
Grant awards $ 1.500
Sales of tear-off map tablets $ 400
Video sponsorships $ 5,600
TOTAL ~E $ 271,9OO
EXPENSES
PERSONNI~ S .ERVlCES $ 115,790
'Personnel $ 106,765
Salaries.3 FFEs $ 89,950
Hourlywages-2PTEs $ 4,212
Payroll Ta.~es $ 7,420
Per. Ion $ 4.498
Worker's Comp. btsurance $ 686
l]enefits $ 9,025
health/dental $ 7,400
life htsuratwe $ 300
dlsabtllty insurance $ 1,325
OPERATING COSTS $ 53,051
Audit $ 1.300
AUto $ 2,560
Bonding $ 135
Business Owners Insurance $ 336
Equipment $ 6,620
Office Suppiles $ 9,100
Professional Development $ 4,225
Rent/Utilities expenses $ 28,775
PROMOTIONAL EXPENSES $ 96,825
Convention Promotion $ 4,050
Group Memberships $ 3,925
Group Travel Promotion $ 8,200
Local Promotion $ 1,500
Media Advertising $ 18.7OO
Ncwsleuer $ 1,500
Postage $ 8,740
Printing-general tourism $ 38,600
Telephone $ 4,700
Group Tour & Mtg Planner Video $ 5,600
Visitor Informatinn/Voinnteers $ 1,310
TOTAL Expenses
INCOME in excess of EXPENSES
265,666
6,234
FY 98
BUDGET
$ 23,600
120,0OO
116,500
1,200
6.000
700
1,250
400
$ 269,650
122,491
112,011
94,448
4,368
7,787
4,722
686
10,480
300
1 300
56,536
1,3OO
2,500
336
12,000
8,500
4,300
27,600
88,040
5,500
4,240
9,500
11,500
20,000
2,O00
18,0OO
10,0OO
1,300
267,067
2,583
Budget Notes
Proposed FY 98 Budget
Iowa City/Coralville Convention & Visitors Bureau
3
FY 97 reflects 25% estimated tax collection less
$10,000 used for festivals.
FY 98 reflects full 25% estimated tax collection
based on 1% increase in overall collections
(same increase as lay 96 over FY 95).
Eqttipment replacement needs of photocopy
machine and laptop computer are primary
reason for growth in this category.
FY 97 office supplies category is higher
because of logo update and reprinting of all
office stationery items. FY 98 printing costs will
be less.
Rent/utilities. This category is substantially
offset by the in-kind donation of space by the
city of Coralville. Utility estimates were pared
down for FY 98, after over-budgeting in FY 97
and 96.
Local Promotion. Tiffs category grows by
$10,000 ff the city funds the full 25% of
hotel/motel tax to the bureau. A Community
Promotional Funding Program will be
implemented to assist local organizations in the
promotion of special events and conventions.
The format of the Visitors Guide will change
such that it will become more expensive to
mail, but...
the new format for the Visitors Guide will save
the bureau about 75% of the expense of this
project. Advertisers will share in the bulk of the
cost, allowing tile Bureau to add outside
advertising and increase distribution while
cutting back on the administrative aspects of
producing the Visitors Guide "in-house."
Please call Wendy Ford, CVB Executive
Director (33 7-6592) for clarification on these
or any otl~er budget items.
November 19,1996
Dear City I~ouncil~ ~x/
During the past few months we have been asking you for greater ~ecurit~
and enforcement for the Central Business District. We have asked fora
beat officer to provide this coverage from 8 am until 2 am on a daily
basis.
During this same time frame we have also been working on the problem of
gang and tagger graffiti. As we have communicated with various parts of
the city government and the police department, we have noticed a common
thread as to why it is difficult to accomplish our goals for a safer
downtown.
Quite simply put, we do not have enough police officers to provide the
coverage our city requires. We have too few officers spread too thinly
through our community. Our customers confirm this when they say they
are afraid to come downtown; tlney don't feel safe.
What possible good will it do for you to develop plans for the Downtown of
the 21 st century with Center Space, Library etc. if your constituents are
afraid to leave the safety of their homes?
In a recent meeting with Chief Winkelbake, he indicated that his new
budget request, which you will soon be dealing with, calls for the addition
of 8 officers.
By any measure of comparative statistics, we are on the low end of the
continuum in terms of the number of officers per thousand citizens. We
have 1.07 police officers per thousand people. The average number of
police in Big Ten University communities is 1.57 per thousand population.
If we were to be "average" we would need 94 police officers.
Within Iowa, Council Bluffs has 1.63 per thousand; Dubuque has !.46 per
thousand, Waterloo has 1.87 per thousand. Cedar Falls has 1.22 per
thousand.
The Federal Bureau of Investigation recommends 2 officers per thousand
people. By their standards we are understaffed by almost 50 percent.
Our police are barely able to react to local problems. When we have a
major problem or crisis in our city the crisis is covered but the rest of
the city is left basically unprotected. During a recent emergency involving
a train derailment it took officers over 40 minutes to respond to an
assault case with personal injury involved. No wonder that they don't have
time to provide order and security for the neighborhoods.
Today the Iowa City Police Force operates on the 911 model of rapid
response to citizens calls for assistance. If you call them, they will
come. And they will arrive quickly in a police car. We need a different
model, one where the police are already nearby, on foot and in a prevention
mode rather than a reaction mode. The 911 model works fine for fire
protection and police response to emergency; it does not work at all for
routine enforcement and crime prevention.
We need enough police to provide this pro-active community based
policing with the emphasis on our force being in touch with our citizens
on a routine basis. This community based presence, spread through the
downtown and other neighborhoods will help prevent crime and improve
our chances of coping with the problems of the future. A regular beat
officer knows the habits and circumstances of the people he protects. The
recent tragedy in our community might have been prevented by a beat
officer who knew that some people in his terMtory routinely worked late
into the night.
Community based policing will promote routine enforcement of all
ordinances and policies to prevent disorder and put our police in touch
with the citizen. "The police at all times should maintain a relationship
with the public that gives reality to the historic tradition that the police
are the public and that the public are the police; the police are the only
members of the public who are paid to give full time attention to duties
which are incumbent on every citizen in the interest of community
welfare."--Sir Robert Peel, Founder, London Metropolitan Police, 1829.
We are not asking you for something experimental orinnovative.
Community based policing is working in large and small cities from coast
to coast. And, where it is in place, major felony crime has gone down as
well.
Postponing the solution will cost our community. At a recent gang
seminar we learned how important it is to prevent the infiltration of
gangs rather than trying to suppress them once they are here. We urge you
to increase the number of police on our force by a minimum of 20 officers,
and make plans now to continue to add personnel in the future to keep pace
with population growth. This is one of those "pay me now or pay me later"
situations.
Sincerely,
The Monday Forum
Nancy Burhens, Gringo's, DTA, CofC
Val Chittick, Domby
Tara £ronbaugh, Java House
Jim Clayton, Soap Opera, DTA
Victoria Gilpin, Preferred Stock, DTA, CofC
Mark Ginsberg, M.C. Ginsberg Jewelers, DTA, CofC
John Murphy, Bremer's, DTA, CofC
Dave Parsons, Frohwein, DTA, CofC
Mark Weaver, Active £ndeavors, DTA, CofC
Enclosure: Staffing Statistics etc
Copies: Chief Winkelhake
City Manager
Police Departments view staffing needs in a number of different methods. The
most simplistic is to compare other departments staffing levels with yours. I
have included the results of a review of the most populous cities in our state as
well as just the cities over 50,000 population. The purpose of this comparison is
to show the range of population and the number of officers per 1,000 population
of the cities, as well as how Iowa City ranks within the two groups.
A second comparison is of the Big Ten University communities. With this
comparison the largest of the Big Ten communities were removed because
communities over 200,000 in population tend to hire more officers per 1,000
population than smaller communities.
A third comparison is of communities of 50.000 - 75,000 population within the
West-North Central reporting area for crime date for the U. S. Department of
Justice.
Iowa City is in the lower range of the cities used for comparison. Iowa City ranks
last, with Ames, of the most populous cities in the state and last of the
communities of more than 50,000 in population. In the comparison with the Big
Ten University communities, Iowa City ranks third from the bottom of the Cities
of 50,000 - 75,000 population. In the West - North Central crime data reporting
area, Iowa City ranks 19th out of the 21 cities.
A review of the National Directory of Law Enforcement Administrators list, 186
reporting communities in Iowa which have a population 1,893,599 with 2,969
officers or 1.57 officers per 1,000 population. The department range from Des
Moines with 358 officers to Strawberry Point with 1 officer.
A better method of determining staffing needs for officers is to use the number of
calls for service which the departments must service ear year. There are a
number of factors and terms which are used in the process and I have included a
glossary in this memo to help the reader understand the process.
Administrative time - Time spent by patrol personnel on activities other
than reactive, self-initiated/Neighborhood Policing, or uncommitted patrol.
May include supervision, meals, on-duty court time, auto maintenance,
training, and agency administrative duties.
Benefit days off - Paid time off taken by officers in addition to regular
days off provided by the work-schedule. Benefit time off includes vacation
leave, sick leave, holidays, and compensatory time off.
CFS - CFS stands for "calls for service" (i.e., calls to the police agency
that require the dispatch of one or more officers). CFS includes cdminal
activities, traffic accidents, and various other police services.
Neighborhood Policing - A patrol philosophy which encourages or
requires police officers to park their vehicles and walk in the community
and interact with residents. While doing this, the officers are generally not
assigned calls for service.
Compensatory time off - Time off granted in lieu of monetary payment
for overtime work.
Obligated time - The total time required by patrol units to respond to and
service CFS. Obligated time includes the travel time, on-scene time,
report writing time, and follow-up investigation tirne expended. Total
obligated time serves as the workload measure to determine the number
ot patrol units required for reacl~ve time activities. Total obligated time is
also referred to as total service time or total reactive time.
Preventive patrol - Visible uncommitted patrol designed to prevent or
limit unlawful activity.
Proactive time * Proactive time refers to time spent by an officer on self-
initiated/Neighborhood Policing activities and uncommitted patrol; it
includes the time spent performing the activity (e.g., issuing a citation) and
the time spent on uncommitted patrol looking for the activity (e.g., looking
for traffic violators).
Reactive time - The total time required by all patrol units to respond to
and handle a CFS. (See "Obligated Time.'~)
Self-initiated activities - Activities carried out by patrol officers that are
not assigned by a dispatcher. Examples include most traffic enforcement
and motorist assists.
Watch - An officer's regular on-duty period; sometimes called a tour or
shift.
Watch relief factor - The watch relief factor indicates the average
number of personnel needed to provide one on-duty officer for one watch
every day. Watch relief factors for agencies with eight-hour shift lengths
are usually between 1.6 and 1.9. The watch relief factor is multiplied by
the average number of on-duty personnel required per day to determine
the total patrol staff size. Watch relief factors depend on the watch length,
average work week, benefit time off policies of the agency, and the
amount of on-duty non-patrol time per officer.
The model to determine staffing needs is as follows. Data is from 1995.
Total calls for service 58,315
Average time to service calls 37 minutes 37+ 60 = .6166
Obligated or Reactive Time
Administrative Time (478 x 38)
Proactive Time
35,957
18,164
0
54,121
Average hours worked per officer (1,586)
Watch relief factor (2,920{- 1,586) = 1.84
54,121
· 1,586
: 34.12
x 1.84
= 62.78
The results are 63 officers for patrol. The present staffing is 41.
The Community Service Officers handle approximately 10% of all of the calls for
service at the present time. The department is able to gain some additional time
because all of the Field Supervisors and Sergeants, devote 50% or more of their
time to obligated or reactive activities. Additionally, the Lieutenants devote a
considerable amount of their time to the same type of activities. In 1095, the
department members worked almost 5300 hours in overtime.
The area referred to as proactive time is the area of time which the department
will use for Neighborhood Policing, walking patrol, patrolling at assigned beats,
etc. At the present time we can provide approximately 50 hours per officer per
year for this type of activity unless overtime is utilized.
The model in this memo is actually a shorter version of a Police Personnel
Allocation Model from the U. S. Department of Transportation. The
Transportation Department's model adds more factors which only add to the
needed staffing. The numbers in this memo provide a realistic view of needed
staffing for patrol with the level of service requested of the Iowa City Police
Department.
INCLUDES IOWA CITY ' WITHOUT IOWA CITY
Officers Per
City Population Officers 1000 Population
Des Moines 198,000 358 1.81
Cedar Rapids 113,438 187 1.65
Davenport 98,226 153 1.56
Sioux City 80,505 125 1.55
Waterloo 69,007 ! 29 1.87
Iowa City 60,934 65 1.07
Dubuque 57,546 84 1.46
Council Bluffs 57,082 93 1.63
Ames 46,774 50 1.07
West Des Moines 40,000 48 1.20
Cedar Falls 36,000 44 1.22
857,512 1,336 1.56
50,000 PLUS POPULATION
(INCLUDES IOWA CITY)
Officers Per
City Population Officers 1000 Population
Des Moines 198,000 358 1.81
Cedar Rapids 1 - 3,438 187 1.65
Davenport 98,226 153 1.56
Sioux City 80,505 125 1.55
Waterloo 69,007 129 1.87
Iowa City 60,934 65 1.07
Dubuque 57,546 84 1.46
Council Bluffs 57,082 93 1.63
734,738 1,194 1.63
Officers Per
City Population Officers 1000 Population
Des Moines 198,000 358 1.81
Cedar Rapids 113,438 187 1.65
Davenport 98,226 153 1.56
Sioux City 80,505 125 1.55
Waterloo 69,007 129 1.87
DLbuque 57
Council Bl~_ffs 57
Ames 46
West Des Moines 40
Cedar Falls 36
796
546 84 1.46
082 93 1.63
774 50 1.07
000 48 1.20
000 '!'! 1.22
578 1,271 1.60
50,000 PLUS POPULATION
(DOES NOT INCLUDE IOWA CITY)
Officers Per
City Population Officers 1000 Population
Des Moines 198,000 358 1.81
Cedar Rapids 113,438 187 1.65
Davenport 98,226 153 1.56
Sioux City 80,505 125 1.55
,Wmerloo 69,007 129 1.87
DLbuque 57,546 84 1.46
CouncilBILffS 57,082 93 1.63
673,804 1,129 1.68
University
University of Illinois
Northwestern University
University of Indiana
Purdue University
University of iowa
University of Michigan
Michigan State University
University of Minnesota
Ohio State University
Pennsylvania State
BIG TEN IJNIVERSITY COMMUNITIES (1995)
City/State Population Officers
Officers Per !
1000 Population
Champaign, Urbana, IL 99,500
Evanston, II 72,233
Bloomington, IN 63,114
West Lafayette, IN 27,000
Iowa City, IA 60,934
Ann Arbor, MI 109,724
East Lansing, MI 51,000
Minneapolis, MN 357,709
Columbus, OH 638,729
State College, PA 51,865
1,531,808
136
159
64
39
65
178
57
860
1,545
3,157
1.37
2.20
1.01
1.44
1.07
1.62
1 ..12
2.40
2.42
1.04
2.06
Without Columbus, Ohio and Minneapolis, Minnesota
535,370
752
1.40
Without Columbus, Ohio, Minneapolis, Minnesota, and Iowa City
474,436
687
1.45
WEST- NORTH - CENTRAL 1996
(50,000 - 75,00o POPULATION)
Officers Per Crime
Population Officers 1000 Population Index
KANSAS
Lawrence
Manhatten
MINNESOTA
Brooklyn Park
Burnsville
Coon Rapids
Eagan
Plymouth
Rochester
St. Cloud
MISSOURI
Columbia
Florissant
Lee's Summit
St. Charles
St. Joseph
S. Peters
NEBRASKA
None Reported
NORTH DAKOTA
Bismark
SOUTH DAKOTA
Rapid City
IOWA
Waterloo
Iowa City
Dubuque
Council Bluffs
75,000 107 1.43 *
67,139 84 1.25 *
60,000 67 1.12 3435
51,288 65 1.27 2910
58,000 54 0.93 2496
55,000 65 1.18 1771
52,492 50 0.95 1919
72,500 98 1.35 3532
50,329 66 1.31 3260
69,101 113 1.64 4775
56,000 76 1.36 1381
55,000 75 1.36 1671
56,000 99 1.77 2412
73,500 109 1.48 4994
50,768 61 1.20 1863
0 0 0.00
53,000 76 1.43 2199
57,700 94 1.63 4158
69,007 129 1.87 5497
60,934 65 1.07 2667
57,546 84 1.46 1807
57,082 93 1.63 *
1,257,386 1,730 i.38
* data not available
BRADLEY & RILEY, P.C.
ATTORNEYS AND COUNSELORS
COUNSEL
MELISSA WEETS ANDERSON
BOSTON. MASSACHUSETTS
November 19, 1996
Mayor and City Council
City of iowa City
Civic Center
410 E. Washington
Iowa City, IA 52240
RECEIVED NOV 2 0 1996
RE: Request for an Independent Investigation
Dear Mayor and Members of the City Council:
Our firm has been engaged by Bernard, Wilfred and Hubert Yeggy.
Since 1985 members of the Yeggy family have repeatedly been cited and prosecuted by
representatives of the City of Iowa City. It appears that the facts have never been fully
brought to the attention of any City Council. This letter is a petition to you, as the City
Council of Iowa City, take action to investi§.~te the conduct of iowa City employees. The
conduct does not reflect well upon a City that seeks to secure to its citizens "fair, equal and
courteous" treatment.
Yours is the most important governmental office. As City council members you take an oath.
I petition you to fulfill that oath as other legislative bodies have done. Please assert the
independent leadership for which you were elected.
On behalf of Bernard, Wilfred and Hubert Yeggy, I respectfully request that the City Council
of Iowa City independently investigate conduct by the City of Iowa City over the past eleven
years directed at Bernard, Wilfred and Hubert Yeggy. An investigation by the City Council,
or investigation at the direction of the City Council through an independent counsel or
committee, is the only way to obtain all the facts and correct the injustice committed against
these men. Failure to do so will only rubber stamp actions that undermine respect for
government at all levels, including the judicial system. In a time of heightened
self-examination, the investigation will be beneficial to all.
The need for this investigation hinges on an understanding of a complex series of charges and
legal battles. A time line and an abridged summary of some of the offensive conduct is
attached. The abridged summary is based upon available public records. Other records have
been withheld despite a broad request under the open records law. The City Council would
be entitled to all records regarding the Yeggy family.
BRADLEY & RILEY, P.C.
Mayor and City Council
Page 2
November 19, 1996
Central to this petition to the City Council is conduct by employees in the City Attorney's
office. Repeatedly the City Attorney's office enabled the City to obtain judicial victories by
fanciful representations ultimately accepted by district and appellate courts. As a result of the
representations, the City obtained judicial victories that have devastated the lives and took the
property of these men, and their brother Leonard. Leonard Yeggy died in 1994 following
eighteen months in a hospital or care facility. Leonard's wife believes the lengthy illness that
took her husband is attributed to the actions of the City of Iowa City. (Having recently
experienced the death of my elderly mother, following a decline in her health over just a few
weeks, I can empathize with the agony of the family watching Mr. Yeggy suffer and decline
over eighteen long months. A death may be tragic because it untimely and instantaneous.
A death is no less tragic when it comes after eighteen months of suffering.)
The City's own records revealed that early on the City knew that these men were using two
lots, Lots 20 and 21, for storage of material including salvage. In 1985 a City employee
testified that there was no separate address for Lot 21. Testimony from the City's witnesses
in 1985 placed most of a claimed zoning violation on Lot 21. In its Petition for Injunctive
Relief filed on June 6, 1986, the City of Iowa City recognized that both lots were collectively
addressed as 834 St. Anne's Drive, The land and the use of the land was found to be a leqal
nonconforminq use in 1987 by Maqistrate McDonald. At that time the land at issue was
Lots 20 and 21 in Conway's subdivision of a part of section 3, T 79 N, R 6, then addressed
collectively as 834 St. Anne's Drive, Iowa City. Subsequent to a quit claim deed to one of
the lots, the City embarked on a strategy to take from these men the use of Lot 21 even
though no change in use had occurred. No separate listing for Lot 21, or what the City came
to call 828 St. Anne's Drive, appears in City records until September 16, 1988.
The City repeatedly misstated the 1987 judicial decision in favor of the Yeggy family as
applicable only to Lot 20 (addressed as 834) and not to Lot 21 (purportedly addressed as 828
St. Anne's Drive). This misstatement appears in court documents filed on behalf of the City.
The City had ample evidence that the storage of property (including salvage) was and had
been taking place on Lot 21. However, the City protected its position by avoiding all reference
to a legally described lot, preferring to use its self-created street address.
Moreover, the City repeatedly elicited and relied upon testimony that is contrary to evidence
possessed by the City and contrary to the statements made in court proceedings prior to
September 1988. Of course, the City did not present the earlier evidence to the courts after
1988. The City swept the truth under a rug in a concentrated effort to win a victory against
the Yeggy family.
The evidence kept from the courts was material to the City's victories. The City had to
establish that the Yeggy family's use of the land was not protected from the zoning and
nuisance laws. Prior use protects a citizen. Win at any cost! That philosophy apparently
describes employees of the City of Iowa City. How shameful.
BRADLEY & RILEY, P.C.
Mayor and City Council
Page 3
November 19, 1996
When armed with its ill-gotten judicial victory the City implemented a cleanup of the property
far in excess of the judicial determination. The City's judicial victory was that Hubert Yeggy
allowed "junk or salvage materials to be collected and remain upon exterior of property." The
charge was thus limited to "junk or salvage materials" as defined in the City's ordinance. As
defined the charge was limited to "discarded or salvage building material or fixture; any
obsolete or inoperable machinery, or parts thereof; scrap iron or steel." Notwithstanding the
limited scope of the action and the judicial decision that the City procured, the City removed
property not covered by the judicial decision, including antique farm equipment, lawn mowers,
wheel barrows and tools, and aluminum.
Moreover, the City subsequently assessed the cost of the cleanup and imposed a lien on
property using, for the first time, a legal description of the property (Lot 21 and West 4 feet
of Lot 20). The City created a lien for items that were not part of abatement of the "municipal
infraction" le.g., police escort). The City even failed to credit revenues received by the City
from the "sale" of property removed from Lot 21. Failure to credit the amount received by the
City is all the more remarkable since an assistant City Attorney approved the lien for the full
amount even though the same attorney was aware that revenue had been received. Do you
consider it wrong to claim more than you are entitled to receive or is it simply a sound
financial practice (acceptable if the City can get away with the claim)?
7he pattern of exuberance has continued as reflected in the November 1995 cleanup. Threats
of another lien for that cleanup have now surfaced. Again, the costs and the material
removed are in excess of any charge or judicial determination. Property that was clearly
usable and not within the ordinance, such as chains, post hole digger and tractor mower, was
taken from the Yeggy family under color of law. Once again the City is bent on cleaning out
the Yeggy brothers.
Just recently the City embarked on a new series of charges including a charge that is wholly
inconsistent with the City's acknowledgment that Lot 20 had been declared a nonconforming
use. (Response to these new charges is due December 5, 1996.)
The City, through its representatives, has repeatedly distanced itself from the truth. The
property of the Yeggy brothers has been taken through actions that have been purposeful and
calculated.
Obtaining a complete understanding of the facts has been hampered by the lack of resources
available to the Yeggy family, apparent withholding of records, and the City's reliance upon
claims of privilege that exceed the statutory privilege available to the City. An open record
request was ongoing for months. Records have been withheld on the basis of privilege
(without regard to whethey the records satisfy the statutory exemption limited to work product
of an attorney). Moreover, records that have been made available are incomplete. Despite
a broad request, records not previously produced suddenly appear as part of the City's
continuing offensive against these men. As an example, I was assured that all records in the
hands of the City had been made available in my two visits to review those records. Later it
BRADLEY & RILEY, P.C.
Mayor and City Council
Page 4
November 19, 1996
was determined that records in the office of City Clerk and Auditor had not been made
available. Long after those records were provided, the 1995 cleanup costs were provided by
the City Attorney. In cannot understand why these had not been produced before.
Information regarding the sale of property after the removal in 1990 {and any sale of property
removed in 1995) has never been produced, Many questions remain: what was sold, to
whom, for what price, could more have been sold, was value obtained, particularly for the
antiques that were taken?
I have directed this letter to your homes. I apologize for any intrusion into your private lives.
Thank you for your consideration of this most unusual but extremely important request.
I am more than willing to address the Council regarding this request and the volumes of
records that support the need for this action. We look forward to a response from the City
Council.
Human history reveals all to frequently the abuse caused by governmental officials exceeding
legal bounds in the name of the public good. It is unfortunate when it takes decades for the
truth to be revealed. Here the City has an ongoing course of action that has ruined the lives
of four men all predicated upon orchestrated twists and turns in the facts.
When a victory is not fairly attained, it is not a victory but a shackle that will forever weigh
down upon the City and its employees. Who is next? I respectfully request that the City
Council take the appropriate action to investigate the conduct of Iowa City employees towards
Bernard, Wilfred and Hubert Yeggy and following an independent investigation correct the
wrongs done to these citizens of Iowa City.
Very truly yours,
BRADLEY & RILEY, P.C,
Dean A. Spina
Enclosure
Courtesy copy to Mr. Stephen Arkins
Courtesy copy to Ms. Linda Woito
SIGNIFICANT EVENTS OR CONDUCT
CITY OF IOWA CITY AGAINST YEGGY FAMILY
DATE
EVENT OR CONDUCT
LOT OR ADDRESS INVOLVED
April 12,1905
Quit Claim Deed to Bernard Yeggy.
Lots 20 and 21
December 1, 1965 Property annexed to lowa City.
1974
Aerial Photograph in possession of City shows storage on Lot 21.
Prior to 1980
Aerial Photograph (from City Attorney) shows storage on Lot 21.
October 31,1980 Zoning violation notice - prohibited storage.
Lot 21
Copy of notice is attached.
1983 Aerial photograph from Iowa Department
Transportation shows storage on Lot 21.
of
May 9, 1985 C~ty Inspection report notation. 834 St. Anne's Drive
"Received complaint re: storage of material & goats."
July 26,1985
Zomng Violation - Prohibited Storage; Goats. 834 St. Anne's Dr~ve
Complaint alleges storage of waste, d.scarded or
salvaged material. Trial September 12, 1985.
Daphne Staley, who had resided in the house at 834 St. Anne's
Dr~ve since 1979, testified that:
"most of stuff ~n lot next door. Does spdl over
into her yard. Cars, drive shafts, ~ron all kmds of
metal, bumpers, hub caps, lumber, wood, pallets.
Has seen goats next door ~n adjoimng lot west of
834. Bernie Yeggy is owner of lot. Doesn't know
legal description. Goat shed on adjoining lot but
they graze in her yard."
An employee of the City of Iowa City zoning office, testified:
Piles of junk are S of goat shed. Photos are true &
accurate depiction of what she saw... [After the
City offered an exhibit of a deed to lots 20 and 21
and defendant stipulated to ownershipl No
residence on adjoining lot. No different address at
next lot.
After this testimony by a City employee called by Iowa City, the
City amended the complaint to "at or near 834 St. Anne's Drive."
The need for the amendment is clear - storage was on lot 21.
After amendment the City rested its case.
Magistrate found defendant guilty of storage "at or about 834 St.
Ann's (sic) Drive." This case was decided on the basis of the
1962 zoning ordinance and lack of evidence of how property was
used by prior owner. Fact that property was acquired by Bernard
Yeggy prior to property becoming subject to Iowa City law by
virtue of annexation in late 1965 was not brought to the Court's
attention.
June 3, 1986
City files action for an injunction, EQ 50003.
Lots 20 and 21
City alleges against Bernard Yeggy that he is owner of property
"at or near 834 St. Anne's Drive legally described as follows:
Lots 20 and 21 in Conway's Subdivision . . Complaint
incorporates July 26, 1985 claimed wolation of zoning ordinance
at or near 834 St. Anne's Drive. Complaint seeks an injunction
against Bernard Yeggy to cease using "above-described real
property" ~n violation of zoning law.
C~ty alleges conviction ~n 1985 and alleges that it was not
disputed at trial in 1985 that Defendant Bernard Yeggy "kept
goats, junk cars, drive shafts, iron and metal, bumpers, lumber,
wood and pallets on the above-described real property at or near
834 St. Ann (sic) Drive, Iowa City, Johnson County, Iowa."
City dismisses suit following denial of motion by Distr~ct Court.
January 6, 1987 Zoning Violation - Prohibited Storage; Goats. 834 St. Anne's Drive
Offense charged is second offense, thus following the 1985
complaint which was amended to "at or near 834 St. Anne's
Drive." Without a legal description to limit the reach of the City's
case, it is clear that two lots with one address came before the
Magistrate at trial.
On March 4, 1988, Magistrate McDonald recognizes prior non-
conforming use as salvage yard. MAGISTRATE SPECIFICALLY
ADDRESSES "THE PROPERTIES IN QUESTION, 834 ST. ANNE'S
DRIVE." Magistrate concludes:
-2-
In the present instance, evidence was such that
Joe Conway ]predecessor in interest] operated a
salvage and business on this property dating back
to 1954, The Defendant purchased an interest in
these properties in 1965... and has continued
the salvage operation. There is no evidence that
the salvage operation ceased at any time through
the present ....
The zoning ordinances submitted recognized non-
conforming uses and make provisions for their
eventual elimination. The Court finds that the
Defendant Bernard Yeggy does not fall within the
elimination procedures as set out in said code.
Copy of ruling is attached.
August 22, 1988 Quit claim deed to Hubert Yeggy. Lot 21 and 4' Lot 20
(Done solely in response to housing department demand that Lot
21 be cleaned up to qualify Lot 19 for rental.)
August 23,1888 Revised nuisance law enacted.
Nuisance law provides an exception for junk or salvage yards
permitted under zoning ordinance. Iowa City Zoning Ordinance,
recognizes nonconforming uses. However, junk yard regulations,
Ordinance Section 36-5(j) (1988), does not apply as the
additional regulations are only applicable "when IAdditional
Regulations] Division ~s referred to in the requirements for each
use." No reference to the Addihonal Regulations Division is
made in Section 36-80 with regards to nonconforming uses.
Accordingly, the prior nonconforming use decision protects both
lots.
September 16, 1988 FIRST entry in property history sheet. 828 St. Anne's Drive
Prior to this date, property inspections by City employees were
maintained solely for address at 834 St. Anne's Drwe.
September 20, 1988 Nuisance claim against Hubert. 828 St. Anne's Dr,ve
Charge: Allowing junk or salvage materials to be collected and
torema~nonexter~or of property. Iowa law requires proof to be
by "clear, satisfactory and convincing evidence."
City has burden of proof of elements of nuisance action. City
has burden of proof that collection of material "was not a junk
-3-
yard permitted by the city zoning ordinance." ~Anne G. Burnside
in Memorandum to Court, Case 38108.]
City employee testifies that 828 St. Anne's was vacant lot on
March 29, 1984 when ~nspected. Only City record of an
inspection on that date appears on C~ty's property h~story card
for 834 St. Anne's Drive.
Office of City Attorney claims that no evidence of nonconforming
use was introduced. However, the 1987 Magistrate decision
was introduced and relied upon by Hubert Yeggy.
Nonconforming uses are not personal to the user but relate to the
land. Office of City Attorney claims prior suit involved different
property (834 St. Anne's Drive) and different party (Bernard
Yeggy) and Magistrate Goddard specifically finds that prior suit
"is irrelevant to the issues in the case at hand [against] Hubert
Yeggy [and] 828 St. Anne's Drive."
City Attorney further states "it]he uncontroverted ewdence
presented at the trial was that the property m question was not
used as a junk or salvage yard for a number of years after the
neighbors moved there. The evidence shows that the neighbors
did not 'come to' a numarice but that the nuisance developed
several years after the neighbors had established there (sic)
homes."
Magistrate Goddard orders Hubert Yeggy to remove lunk and
salvage materials. NO LEGAL DESCRIPTION FOR PROPERTY
IDENTIFIED IN THE JUDGMENT AND RECORD DOES NOT
INDICATE CITY ESTABLISHED THAT THE STREET ADDRESS
APPLIED TO LEGALLY DESCRIBED PROPERTY. On appeal power
of Magistrate to order abatement is rejected by a Dmtrict
Associate Judge. City obtainsruhng from Iowa Supreme Court
that the municipal mfract~on law under which the Cdy pursued
Hubert Yeggy allowed the Magmtrate to order abatement.
September 13, 1990
City obtains judicial order to abate.
Pursuant to Iowa Code Section 364.22, C~ty of Iowa C~ty sought
and was granted authority to correct the "v~olation" on 828 St.
Anne's Dr~ve and assess the cost of such corrective action
against the property.
City removed all property on premises and later ~mposed a lien of
$8,020.99, on Lot 21 and west 4 feet of Lot 20. C~ty's hen
included costs that are not costs of abating the condition. The
-4-
August 16, 1
City imposed the lien without credit for value of property sold by
City. Property clean-up lien claimed under Iowa Code Section
364.12(3)(a) & (h). However, the City had proceeded under a
separate statute, Section 364.22, which commits to the judicial
system the decision of costs that can be collected.
Action to abate was based upon municipal infraction law, Iowa
Code section 364.22, which limits authority of magistrate to
small claims jurisdictional amount for costs of abatement. City
Council imposed lien that was committed to the district court
under the municipal infraction statute to the extent the City
claimed in excess of $2,000.
Property removed from premises belonged to members of Yeggy
family, including Leonard and Hubert Yeggy.
991 City files action for an ~njunction.
828 St. Anne's Dr~ve
Defendants are Hubert Yeggy, Leonard Yeggy, Wilfred Yeggy,
Maxine Yeggy and Bernard Yeggy. Trial held April 15, 1992.
Injunction issued July 28, 1992. Motion to amend judgment f~led
by Defendants and resisted by C~ty, City Attorney's office
represents to the District Court as follows:
"The earlier Magistrate [McDonald] decision
regarding non-conforming use was issued
regarding different real estate, owned by different
parties, at a time when the use was radically
different."
City Attorney's office represents to the City Councih (1) "the
Yeggys began storing junk on that lot 1828 St. Anne's Dr~ve]
after the City obtained an order ~n 1987 requiring the Yeggys to
get rid of their goats," (2) the injunction obtained by the City
"came after a full day of trial, again proved by neighbor
testimony and photographs that the property was not used as a
lunk yard in the mid 1980's."
Defendants appeal and the City Attorney's office again) argued
that "It]he earlier Magistrate lMcDonaldl dec~sion regarding non-
conforming use was ~ssued regarding different real estate, owned
by different parties, at a time when the use was radically
d~fferent," The City Attorney'soff,ce further claimed, relying on
testimony of city employees and others, that 828 St. Anne's
Drive was not used as a junk yard m 1984. Moreover, the City
-5-
Attorney's Office argued that 828 St. Anne's Drive was
"primarily a vacant lot used as a goat pen."
The Court of Appeals addressed the 1987 non-conforming use
ruling as follows: "We recognize that the 1987 magistrate's
decision found a valid nonconforming use on 834 St. Anne (sic)
Drive. Even if we were to consider that the 1987 decision
applied to 828 St. Anne (sic) Drive, the decision recognized that
goats were kept on a portion of the property. This concurs with
the testimony of the Yeg9Y'S neighbors that 834 St. Anne (sic)
Drive was used for the storage of junk and salvage mater~al while
828 St. Anne (sic) Drive was used to keep goats."
Thus, the Court of Appeals was led to conclude "828 St. Anne's
Drive" was not included in the nonconforming use judicial
decision, accepting the representations of the City. Clearly, 834
St. Anne's Drive was recognized as a nonconforming use. The
1987 magistrate decision applied to one address, 834 St. Anne's
Drive, and untd September of 1988, 834 St. Anne's Drwe apphed
to BOTH Lots 20 and 21.
March 25, 1993
Leonard Yeggy hospitalized.
January 7, 1994
Leonard Yeggy transferred from hospital to nursing facd~ty.
November 12, 1994
Leonard Yeggy d~es in nursing facility.
Aprd 28, 1995
Sept. 15, 1995
Nuisance charge against Hubert Yeggy.
Nuisance charge against Bernard Ycggy.
828 St. Anne's Drive
834 St. Anne's Drive
C~ty of Iowa C~ty obtains rulings of nuisance and on November 6 and 7,
1995, the C~ty removes property w~thout regard to whether property ~s
"junk or salvage rnater~al" under municipal ~nfraction ordinance.
THROUGH OUT THE COURSE OF THE SEVERAL PROCEEDINGS. THE CITY HAD THE BURDEN
TO ESTABLISH ALL ELEMENTS OF THE CLAIMED NUISANCE. TO AVOID AN ADVERSE
JUDICIAL DECISION RECOGNIZING A NONCONFORMING USE IN A SALVAGE OPERATION
AT OR NEAR 834 ST. ANNE'S DRIVE, THE CITY OF IOWA ARTFULLY CLAIMED THAT THE
NONCONFORMING USE DECISION APPLIED ONLY TO LOT 20. THROUGH THIS
MISSTATEMENT OF THE FACTS THE CITY ILLICITLY OBTAINED JUDICIAL VICTORIES.
THE TRUTH IS THAT LOT 21. IN PROCEEDINGS LEADING UP TO THE 1987 JUDICIAL
DECISION, HAD CLEARLY BEEN ESTABLISHED AS A SALVAGE OPERATION. AS A NON-
CONFORMING SALVAGE OPERATION THE USE OF LOT 21 WAS OUTSIDE THE CITY'S
-6-
NUISANCE LAW. TO AVOID THE IMPACT OF THE JUDICIAL DECISION THE CITY
SUBSEQUENTLY WITHHELD EVIDENCE IT HAD PREVIOUSLY PRODUCED AND MISSTATED
THE JUDICIAL DECISION IN A SUCCESSFUL EFFORT TO WIN AT ANY COST.
THE ULTIMATE COST HAS BEEN THE TRUTH.
I ~WPDATAtSPINAt1447570 345 I III 1196
CiTY OF IOWA
CIVIC CI:::NI'ER 410 E. WASHINGTON $il
.C'IT¥
IOWA CITY. IOWA 52240 (319) 354.18(]~
DEPARTMENT OF HOUSING AND INSPECTION SERVICES
Bernard Yeggy
1525 Pairie du Chien Road
Iowa City, Iowa 52240
· ~ '~ ~;tonway's Subdivision of a part of Section 3, Township 79
orth, Range 6 West of the 5th P;M.
Dear Mr. Yeggy:
On October 31, 1980, an inspection was made at the above address at
which time open storage of junk, waste products, salvaged or wrecked
automobiles were observed. This prohibited stora9e is in violation of
Section 8.10;18.H of the Iowa City Zonin9 Code. You are hereby on
notice to remove this stora9e from the premises within 30 days from the
date of receipt of this letter. Failure to do so will result in legal
action.
Sincerely, . ~
W.H. Kendall
Building Inspector
bjS/6
IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY
SMALL CLAIMS DIVISION
CITY OF IOWA CITY, IOWA,
Plaintiff,
BERNARD YEGGY,
Defendant.
NO. 87TR272 & 87TR275
87TR276
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
JUDGMENT
FACTS
Defendant Bernard Yeggy was cited for municipal infraction
for Prohibited Accessory Use-open storage of salvage material at
834 St. Annes Drive, Iowa City, Iowa, in violation of §36-
7(f) (1)a of the Code of Ordinances of the City of Iowa City,
Iowa, (87TR272); Prohibited Accessory Use-open storage of salvage
materials at 1525 Prairie Du Chien, Iowa City, Iowa, in violation
of 36-7(f)(1)a of the Code of Ordinances of the city cf Iowa
City, Iowa, (87TR275); Prohibited Accessory Use-raise or
permitting the raising of livestock at 834 St. Annes Drive, Iowa
city, Iowa, (87TR276). All three charges were filed on the 6th
day of January, 1987.
The trial commenced on Monday, June 8, 1987, and after
receiving testimony, the Court continued the matter and was
reconvened on Thursday,~__N~vem~.er 19, 1987.
Testimony received from witnesses indicate that the
property in question has been used for the storage and sale of
building materials, plumbing ~terials, heating materials,
roofing materials, and used as a salvage operation dating back to
1954. At that time the property was owned by one Joe Conway.
The properties in question, 834 St. Annes Drive, Iowa City,
Johnson County, I0~a, was purchased by the Defendant, or an
lnterest therein, in 1965. The other property in question, ]525
prairie DU chien Road, Iowa City, Johnson County, Iowa, was
purchased by the Defendant, or an interest therein, in 1962.
There was no testimony as to the year the goats were moved on to
the property at 834 St. Annes Drive.
CO~CLUS_/tQN OF LA'~
The central issue herein is whether or not Defendant,
Bernard Yeggy, is violating the zoning ordinances of the City of
Iowa City by having salvage material and goats on his property.
Generally, the right to a non-conforming use runs with the
land and not with the ownership thereof. In the present
instance, evidence was such that Joe Conway operated a salvage
and business on this property dating back to 1954. The Defendant
purchased an interest in these properties in 1965 and in 1962 and
has continued the salvage operation. There is no evidence that
the salvage operation ceased at any time from 1954 through the
present.
Evidence was presented that the St. Annes property was
purchased from Johnson County, the county having obtained title
in 1961. While the county did not operate the salvage business,
testimony was that renters of the property did. As stated above,
the non-confor~ning use runs with the property and not with the
owner and renters can maintain a non-conforming use.
zoning ordinance dating from 1960 and 1983 regarding non-
conforming uses were submitted to the court. The Court, in
reviewin~ each of the zoning ordinances submitted, cannot find
where the Defendant would come under any definition therein. 'The
zoning ordinances submitted recognized non-conforming uses and
make provisions for their evennual elimination. The Court finds
that the Defendant Bernard Yeggy does not fall within the
elimination procedures as set out in said code.
As regards the charga of Prohibited Accessory Use-open
storage of salvage materials, at 834 St. Annes Drive and 1525
Prairie Du chien, the court finds the Defendant not guilty.
There was much testimony regarding the goats on the premises
at 834 St. Annes Drive, Iowa City, Iowa. Testimony was presented
by the Defendant that the goats were pets and therefore could be
maintained at 834 St. Annes Drive. The Court does not agree with
the Defendant's interpretation of the goats being pets and does
state that the goats are liYestock. The Defendant is therefore
found guilty of Prohibited Accessory Use-raise or permitting the
raising of livestock, in violation of §367-7(f) (1)a (87TR276).
JUOGMENT
The Defendant is found not guilty of Prohibited Accessory
Use-open storage of salvage materials at 1525 Prairie Du Chien
Road and g34 St. Annes Drive, Iowa City, Iowa.
Defendant is found guilty of Prohibited Accessory Use-raise
or permitting the raising of livestock and as this is his second
offense is fined in the sum of $100.00 plus $20.00 court costs
for a total of $120.00.
In addition to the fine for the Prohibited Accessory Use-
raise or permitting the raising of livestock, the Defendant is
ordered to remove all goats from · 834 St. Annes Drive on or
before the 1st day of April, 1988.
·
JUDICIAL MAGISTRATE
DEC-O$-gG TUE
12:~9 SOAP OPERA
319 $54 1565 P.01
Dccember 2, 1996
Dear City Council:
We strongly oppose relocating the library further away from the centred business
district.
The library is our "anchor" downtown. It is a gent~ule destination for the residents of
Iowa City offering many of them a reason to come down~wn. Once here, the retail
community at least has the opportunity to do business with them. The current
location is also quite convenient for the residents of the senior center.
Moving the library east of l,inn Street would be like Old Capitol Mall moving
Younker's or Penny's to the post office. We don't need to w~te the drawing power of
the library, we need to enhance it.
The library and center space should be in the ~ime facility. To think that Iowa City
taxpayers would support two separate downtown project~ is naive. To expect the
downtown business community to support the relocation of the library is absurd.
The council should lead the library board, the center space group and the downtown
bustnes~ community to consensus. We would be happy to participate in this effort.
Sincerely,
The Monday Forum
Nancy Burhans, Gringo's, DTA, CofO
Viii Chittick, Domby
Tara Cronbaugh, Java House
Jim Clayton, Soap Opera, I~A
Victoria Gilpin, Preferred Stock, DTA, CofC
Mark Ginsberg, M. ¢. Ginsberg JewelerB, DTA COfO
John Murphy, Bremer'8, DTA, CofC
Dave Parsons, l~rohwein, lIPA,
Mark Weaver, Active Endeavors, DTA, CofC
~EC-0~-96 TUE 12:48 SOAP OPERA ~19 ~54 1565 P.02
December 2, 1996
Dear City Council:
The bridge the University propose~ at Dubuque St. aud Iowa Ave. would effectively
define the ~ entry into our downtown from the north, which is the o~lly entrance
with any ldnd of vista of the downtown c~tysc~pe. The bridge will undoubtedly
become a '%Volcome to the UP' banner site and will no doubt advertise the upcoming
sporting events at the University. We probably should reconsider our signage
program for the downtown and just redo them to feature Herky the Hawk and
Campustown.
To see the imposing visual consequences of their proposed construction one only has
to have a lock at the Mercy Bridge on Market St. The bridge effectivly Mocks any
view from the east or west as you travel on Market. Naturally, the models and
renderings you are ]ocklng at will downplay this effect.
As our city moves to accomodate the University in building a bridge we would like to
remind you that when we asked them for an accomodation on the interstate signs,
their answer, from the highest levels, was an unequivical '~lO". The DOT forced the
i~sue and told the University that the signs would be change&
To allow the University to build this bridge or dig a tunnel and effectivly diarupt the
main northern entry point to downtown is unacceptable. We cannot afford the
downtime and construction confusion that would result. We are opposed to this
project.
Sin~mly,
The Monday Forum
Nancy Burhans, Gringo's, DTA, CofC
Val Chittick, Domby
Tara Cronbaugh, Java House
Jim Clayton, Soap Opera, DTA
Victoria Gilpin, Preferred Stock, IYrA, CofC
Mark Ginsberg, M. C. Ginsberg Jeweler~, lYrA CofC
John Murphy, Bremer's, DTA, CofC
Dave Parsons, Frohwein, DTA, CofC
Mark Weaver, Active Endeavors, DTA, Coif]
DEC-0~-96 TUE 1~;~8 SOAP OPERA 319 354 1565
December 2, 1996
DearCityCounc~:
As you continue your deliberations about the graffiti situation we urge you to
consider the following ideas which also attack the problems we have downtown with
alleys that are totally unpresentable.
Consider a means whereby all downtown building~ with walls facing alleys would be
painted a uniform light color from the base of building to a height of 8 to 10 feet.
This would enable graffitti to he eradicated quickly with just a little fresh paint.
The First National Bank building is an example that shows how the alleys would
look.
Designate special spaces in each alley as "graffiti art zones" where non-gang graffiti
would be allowed. These areas would be covered over with fresh paint every month
or so as needed. Gang graffitti would be covered over prompty.
Require that all dow~town dumpsteva be painted the same neutral color and
marked with small labels. They would then blend in better.
Require that all dumpstens be covered and locked. Most of the litter comes from
overflowing alumpaters. Businesses would need to arrange for extra pickups with
the trash companies after particularly busy times.
Require that all grease receive~ be locked and that fines for grease spills be levied
at around $500.00 per spill. We all pay to clean our carpets etc. from the grease
tracked in our businesses from these spills, in addition to their being a health and
safety hazzard.
Install non-mercury downlights in the alleys to provide adequate security without
polluting the night skies with more wa~ted light.
Pass/enforce ordinances to prevent bars and restaurants from using the alley space
to steam clean their grease filters and dirty equipment. The storm sewers should
not be used for this contaminated waste water.
Sincerely,
The Monday Forum
SOAP OPERA
P. 04
Nanoy Ilurhan~, Grin/o's, DTA, CdC
Val Chittick, Domby
Tara Cro~bauf~h, Java House
Jim Claylo~, Soap Opera, DTA
Viaoria Gilpin, Preferred St~k, DTA, Cote
Mark Ginsheri/, M. C. Gi~sberi/Jewelers, I)TA CofC
John Murph!~, Bremer'8, DTA, CofC
Dave Parsons, Frohwein, DTA,
Mark Weaver, Active Endeavors, DTA, CofC
IHE CRIi"IES AFTE,c. 1HE CF
On the n)ght o( August i', our son Eric Shaw wm~' sitting )n his well
)it shop, his home away from home for twelve years, talElng on the
phone to his friend in I'es Moines. The door w,,s open an loch or
two-- before that night not one person in this state would have
thought that a police o~ficer would kick open ,.,our door and )-ill
yOU I
Policeman Kelsav was wa~ing down the well lit alley and saw the
door ajar-- there was a .lght right above the ~oor. Kelsay saw that
there were no marks on qe door, though he lied about it later-- the
dead bolt was in which -~eant that the door had been opened with a
key. The police traln~-~ manua; states that t;.e most common cause
of an open door is that ~he owner or an employ has left it open,
Kelsay did not take time to listen carefully a~. the door or to look
carefully through the window.
Policeman Glllasple and Zacharlas were driving by and Eelsay ran out
to the street and flaggel them down. Glllasple allowed Kelsay to
hurry him into a hoprib--, dangerous action-- lp less than 49 seconds
all three officers were i)ositloned outside Erl('s door-- Kelsay was
off to one side, Zachar)as off to the the other side, and Glllaspie
was directly in front o~ the door. All three ~ad their guns drawn.
Inside, Eric was Slttlnc with hls tan phone in 'llS hand, in the shop
where he had created nee-ly 200 sculptures, su~'ounded by his {bOlS-
- the phone cord was st~,tched out from his ha~ ] to the wall phone
by the door-- the lights were on, it was as br -Lht as day-- he ~elt
safe in a place he had -'ent thousands of hours, his shop~ his
sanctuary.
Outside, the three off~.',rs were whispering to each other, working
out ~helr plan of attack - Gillasple whispered to Lelsay, "but there
are lights on in there". Kelsa¥ motioned impatiently for Glllasple
to go on 1~,.
Eric tool~ed up in shock ~nd fear at the sight of a policeman aiming
a gun at his chest. Ou~ son had time to say "~.hats going on..,"~
and gasp in ~ear 0afore .he bullet ripped thro,.gh his body. Eric's
friend heard Eric screaa.ng in pain and horror~- he heard Eric's
final gasps ~or breath. He heard his ~riend of 10 years dying as he
listened on the phone. ~ecause Dave heard Erlq's dying screams~ hls
mother and I hear ~hem. Does this ~it¥ hear t~.em?
MURDER is the only word that fits the horror ~F-. what these policemeE
did to Eric and to Ermc ~ family!
THE POLICE HALF LIESAg; LIES BEGAN II~MEDIATELY~ They 1led to
Eric's friend when h._e. £.~led to find out what I ~d happened to Eric,
Thez lied to th..._~e media '",rouqh Patric~ White w).en~ over 4 hours
after )he ki,llinq, the .:,unt~ attorney told th( media that the
· 2
police were still Ioo~(~n_q for the qun-- WHAT GUN7-- the one ~be~'
wanted to plant o__En Eric's_ body? At least three police officers
changed their statements over time until they agreed with one
another-- does that sourd like lying~ Patrick White and the media
haven't even butherd to notice this ugly fact. Some of the officers
involved in the killing or who investigated the killing told the
truth, some lied, end sc,ne were allowed to change their statements,
but because the pol ice ~.ere invest lgat lng their own crime initial 1
and because the DCI did not challenge the l~es~ eventually the 1
won out,
Chief Wlnkelhake's immediate response to the k~"llng was that the
officers were following correct procedures, an(, that he did not see
an,/ reason to change those procedures. Our so~ was killed by two of
his officers and he saw ~.~thlng wrong with their actlons'? The city
manager gave immediate ~d unqualified support to the chief. The
two of them changed the ..olice procedures only after two weeks of
public pressure forced ~..em to take action-- U.ey showed nd moral
backbone whatsoever" Neither the police chie~ nor the city manager
ever spoke one word of ¢~ltlcism of the actions of those who killed
our son.
Many people in this tit'. and this state have turned against us
because we have asked wh~t any parent would asl. that their sun's
murderers be punished. ~ou see, eastern Iowa, there is not some
magic quality about bel~ murdered by a policeman that makes it
do you think Eric felt ~ny less agony as he blsd to death on his
floor because he ~new t~t it was e policeman~s bullet that had cut
open his heart. 0o you thinl~ that it helps us co know that
policemen murdered our son? That Just makes i~ even more of a
dlsplcable crime, and 1~ must be punished as w,,~ld any other murder"
lou see, eastern Iowa, ~ are not one bit diff,,rent from all the
parents of murdered chl~.~ren that you have seen depicted in news
accounts year after yea'
murdered their children
Iowa, because you thlnl
legal standpoint for po,
policemen, because they
who are demanding pun)shment of those who
The difference is in ~our minds, eastern
..hat, although it Is tragic, it is OK from a
~emen to murder, just because they are
~re "symbols o~ protection".
We have received ugly leJters and rude treatment. The calls and
letters to the media ar~ running in favor o~ our sun's killers. I
feel as though I am llv!qg In a country that I don't even recognlze~
surrounded by people wh~ have no sense of Jvst:ce whatsoever, and no
interest in the truth. {mployees of this city xllled our son In an
action that is so gross;~ negligent that 1 still can not believe it
happeneO in the USA. TLe people of this city ~ave accepted our
sun's murder with barel~ a ripple of protest, ~nd the city council
has refused to fire the men responslOle for ou~ sun's death. The
most devastating of the ~rimes after the crime has been the failure
of th~ people of this c~y, of this state to s~eak out for
prosecution o{ these policemen, these murderers Everybody just
wants it to be over, to !orget Erlc's murder, enO get back to
-3
thlnklr, g that this is wc.nderful little ~_lty. All you have to do is
ignore that one little tilling and the injustice that followed.
There is a large resevo~r of tolerance for the police in the general
publlc's mind which protects individual policemen even when they
engage in criminal behavior. In this country we are much too
willing to allow our policemen to convince us that they did nothing
wrong~ that they are nol criminals even when they kick open a door
and kill someone. With ~h8 fellure to prosecute our son~s
murderers, the city of Iowa City and the state of Iowa have given
their police a license to ;~lll without consequence. This is a
guarantee of a degenerat ng police force and a degenerating
relationship with the community.
lust the fact that the p~llce seem to be unanamous in their approval
of this ~a~lure to prosecute this kllllng Should raise a red flag of
susplci6~. Why are the police supporting officers who displayed the
grossest of g-uss negli(ence OosslOle, and why does the public not
see thl~ sup.:~rt as dangerous? When police car. not see criminal
behavior ~n their midst. it is oOvlous that sub,thing is terribly
wrong. lhe police have oeen mllowed too long fo investigate their
own criminality, and th(~ have grown arrogant ,~ their disregard for
the law and ~or Justice ~0hen ~t is applied to police officers.
This police arrogance a:so distorts policemen ~s human beings. The
police in this city allc~ed their blind soppurl for two fellow
officers to Involve thc.~. in another of the crimes after the crime--
the ~orturlng of the Sha.~ family. THE 10WA CItY POLICE KNEW EROM
THE SECOND THE SHOT WAS ~IRED T~iqT ERIC ~O ~DE N0 THR~T~ING
M~ES, T~T IT ~S HIS ~HOP, T~T THE AR~ ~S WELL LIT, T~T THERE
~ N~ REPORT 0F A BURGLARY, T~T THERE WERE N0 SI~S 0~ A SURGERY,
T~T THERE ~S N0 THRU] AT ALL TO ~E, ~D T~T THE ~I~E
QPE~TI~ TOOK 4~ SEC~O~ . TH~ ~EW T~T THE 0FFICERS ~O TAK~
N~ PRECA~I~S AT ALL T0 ~SURE THE ~ OF ~ A~HORIZED PE~S~
I~ THE BUILDING. 8~ THE POLICE WOULD ~Y NOTHING, THEY ALLIED ~E
VICIOUS SPECU~TI~ A~ ~0THER TO CI~CU~TE IN THE MEDIA ~D IN
THE C~I~-- t~ pretected themselves and toptuPed us for weeks
and wee~s and weeks. T~ l~a City ~ol~ce cla~med that they had to
wait for the DCI peport. That i~ nonsense-- ~.~ could have
release~ the facts which ~Pre. not in dispute. The only the critical
fact which the DCI dete~n, ined w~ that the murdep weapon ~S
functionin~ properly~ ~n! 1~ C~ty ~olice released no information
because ~t served their ~ur~oses. For th~s d~spicable crime alone
the chief of ~o~ce and ~he city m~naqer shoulc be k~cked out of
their ~obs, The lack o~ concern which the entire police ~orce and
the iowa C~y Council h7. e displayed for Erlc~ 1 ire and ~or our
suffering in ~ne months s~nce the police ~-lllec him Is obscene'
This city can not wash l's collective hands of ~hls murder and do
noahlog for Eric, for hl~ family. The City Council can still redeem
itself' A citizen board with real power to Investigate police
actions and ,procedures is long overdue. If such a board had been in
4
existence it would have caught the pattern of ~lsregard for public
safety exhibited by the police in the months before Eric was killed,
and might have saved our sun's life. The people who had had guns
dragon on them by the police under Wlnkelhaek's command would have
had somewhere to ta~e tR?lr complaints besiOes to the police
themselves. But a review board now does nothing for Eric, nothing
for accountability, nothing for Justice.
So far the only people wl'o have suffered real consequences in this
ourder have been Eric and his family. Murder should have real
consequences for those ~o murder, and those w~o contribute to
murder. Gillasple wash'~ even fired~ he was allowed to resign~ So
far everyone has found i'i easy to put themselves in Gillaspie's
shoes, and in Winkelhae~-~s shoes, and even Kelsay~s shoes, and make
excuses for them and feel for them. But how many people have put
themselves in Eric~s shc~s, or in our shoes? tou have to see
Gillasples gun pointed et You and feel the bullet ripping into your
chest, and then you have to think that it was one o~ your children
who has been murdered and the legal system has said to you, sorry,
this murder does not co~'~t. I tell you that yc-~r tolerance for
injustice would disappee-. ! asl~ that you teac my wife's statement,
"Eric's shoes", and realize that if ~ou had put yourself in Eric~s
shoes you would not have acted as you did!
What the cl~y council ca, do for Eric now is whmt they should have
done over two months age-- fire the chief of pc~ice who instituted
the dangerous policies .~lcO contributed to our sun's killing. Our
sun's death happened on 'the chief's watch, he is responsible-- he
should be fired! It wll~ take a new chief wlt~. vision and moral
fiber to rebuild this pc ice force. The city manager's unthinking
support of the chief, an.. his lack of moral leadership after our
sun's killing should be ~nough cause for the city council to fire
Mr. At;~lns as well.
~oliceman Xelsay should Of course be fired. This city is trumping
on our son~s grave by ~ebping this man on the force! He should be
discharged for gross negligence which contributed to a death. Most
disturbing is Mr. Kelsey's contention that he f~nds nothing wrong
with his actions tha~ night. Kelsay's statement in the internal
review that the only cause he can see for Eric's I~iling is that
'statistics caught up wl~h us' shows a calculating, heartless man
who should not be a poil~.eman for one more second. This man also
stated ~n the internal r~vlew that, as he Ioo~:ed at my wife laying
in the olrt of the alle--o he told snother officer that Zacharlas
should not see this, an( that he should not ha~e to see it either.
Erlc's mother could not 'old herself up and had fallen to the ground
as she Ioo;-ed at the doo~ behind which she kne~ her beloved son lay
dead-- she had seen the ollcemen grab me as I ~rled to run to Eric
and she was crawling an ,rich at a time toward her dead son and
sobbing that she wanted ,o be as close to Eric as she could get.
Mr. Kelsay's only concer-.~ was how uncomfortable this horrible sight
made him. l. now remember. kelsay's cold face, mqd ! know that he was
positioned in front of my wife on the other sl]e of the barrier--
now know that it was he who said to Erlc's mother, "stop laying in
the dirt". Is this the kind o{ man you want on your police ~orce,
Iowa City? The fact theft Winkedhake did not discharge Kelsay is
reason enough by itself to fire Wlnkelhake. The city council shoulo
stop supporting the men who brought this horrible tragedy to our
family and to our cit¥.~
What can the people of Iowa City do-- They can put pressure on their
council members to take the actions I have outlined, and they can
speak out for an investigation of this murder by the FBI and the
prosecution of these of-icers by the U.S. Atto~-ne¥. We do not give
to anybody else the pri~elege o~ investigating their own crimes. We
must stop giving policemen priveleges which they are bound to abuse.
Walking away ~rom injus .ice will not end this crime for the people
of this city-- everyone will pay a price, no w'ere near what Erlc's
family will have to oa' of course, but everyone who does ribthing
about it will lose somet,~ing. This ugly crime, if it allowed to
stand unrecognized and L~npunlshed, will eat a~ay at people's faith
in their societY, in t~.,'ir city. and even in their faith in
themselves.
This murder is a de~lni~g moment In thlS clty~s life. Those who
walk away ~rom this murder because it upsets them, or because they
are afraid that they wil~ upset someone who has power over them,
run the risk Of someday thinking of themselves as cowards. Those
who believe that you ca.~ just forget unpunlshe~ murder by a police
officer may wake up ~o ~ind that it has happened again to someone
else, maybe even one of their own. ~lease take whatever steps you
can, no matter how smal., to bring about Justice for Eric, and for
this city.
ERIC'S SHOES
Put yourself in Erlc's shoes. If you dare. Put yourself in Eric's
shoes and keep yourself there long enough to ensure that there is an
attempt to do real justice for his brutal killing. How did this
hmppen to you? Who speaks for you now? How can justice be done for
you? How can you help your suffering family?
How would you feel if you were sitting and talking on the phone in
the privacy of your own shop, your home away from home, or even in
your own home, when suddenly your door is kicked open, and in the
same instant a gun is pointing at you and a bullet rips through your
entire body, and you know in your last minute on earth that a
policeman, a policeman whose job it is to protect you, has killed
you!
have said that this is an unspeakable horror. Now I will speak.
~l~e~s~aying of Eric ~haw should ~o~ hav~e h~ened! You could
walk across the street at the wrong time and get killed by a truck--
that should not happen. But Eric's killing by two Iowa City
policemenaCed. not nave happened. The fact that it
happened is the horror. And the fact that it happened the way it
happened is the proof of the crime!
The people of this city cannot say "nothing can bring Eric back,
let's get on with it." NOT YET! First you must bring some justice
for Eric Shaw, for his family, and for the sake of this city.
We, Erlc's parents who brought him into this world, must feel rage
and pain for the killing of our son. But we should not also have to
feel rage and pain at the total injustice being done after he was
killed.
Put yourself in Erlc's shoes. Who speaks the truth for you now?
Why have no charges been filed? Whose cause does it serve to try to
cover, stall, warp, and abort the truth? Anything that does not
serve Eric, who paid with his life~ is wrong~
A policeman of the city of Iowa City wrongfully pulled the trigger
of a gun and wrongf~lly killed Eric Shaw. Isn't this wrong under
the law? Isn't this a crime?
And what about the policeman who walked past Eric's shop and by his
thoughts and actions turned a totally innocent situation into a
deadly trap? Is not that o~ficer another part o~ the reason Eric
was killed? Isn't gross negligence and arrogant disregard {or
safety which results in death a crime? Why has this man not been
charged? Why is this man still employed by the city?
The chief of police of the city of Iowa City is also a part of this
unspeakable horror. He initiated a deadly policy and Eric Shaw was
wrongfully killed by policemen who were under his command. His
employment should be terminated!
Put yourself in Eric's shoes. What would he think? How does it
feel to be killed by the police at age 31 when you still have a
lifetime of thoughts and feelings to enjoy, a lifetime of love to
give to your family and friends, a lifetime of beautiful sculptures
to create. What about Eric~s future? What is more important--
justice for the man whose life was taken, or the careers of the men
who put him in his grave?
Can justice be done for Eric Sha~? His bloody body laws across the
consciousness of all who helped kill him, and all who stomp on his
grave, and all who let this injustice stand!
The dictionary has another meaning for murder .... to mar by
ineptness, to mutilate". This is how our son was murdered and how
our lives are now ruined.
The ultimate wrong is the unlawful taking of a human life. This is
the ultimate violation of Eric~s civil rights. This is what the
city of Iowa City did to Eric Shaw, our dearly beloved son! Never
forget that!
Put yourself in Eric's shoes for the sake of his family. We cry,
yes, but we also scream. We scream because of the wrongful killing,
and because of the injustice that is being done. Face this horror
as we have done and as we will have to do for the rest of our lives.
Help to heal Eric's family by demanding serious consequensces for
this serious crime. Help to heal your city by demanding
responsibility from all officials involved.
Can our grief ever heal? I don't know. But I do know that the
horror of injustice never dies. We call for the people of this
state to unite in demanding truth and justice. Do this for Eric's
sake, for the sake of his family, and for your own children.
Blossom Shaw
WE APE FIGHTIMG FOP 3US' ICE FOF OUP SON
EASTERN IOWA, YOU DON'T SEEM TO UNDERSTAND, OU~ SON WAS MURDERED BY
IOWA CITY POLICEMEN. Technically it may have been mansiaughter not
murder, but officers Kelsay and Gillaspie acted with such gross
incompetence, such gross negligence, and such complete disregard for
public safety, that murder is the only word that fits the horror of
what they did to Eric and to his loved ones. Our son was murdered
and we are insisting that his murderers be pun:shed. You see,
eastern Iowa, there is r. Jt some magic quality about being murdered
by a policeman that makes it OK-- do you think Eric felt any ~ess
agony as he bled to death on his floor because he knew that a
policeman-s bullet had rut open his heart. Do you think it helps us
to know that policemen m. rdered our son? That just makes it even
more of a dispicable cr,'ne because policemen a,-e supposed to protect
you not kill you. The ~mple fact is we are not one bit different
from all the parents of murdered children whom you have seen
depicted in news account5 year after year who ~,'e demanding
punishment of those who murdered their childre;,. The difference is
in your minds, eastern iowa, because you think that although it is
tragic, ~t is OK from a legal standpoint for p.licemen to murder,
just because they are pc ,icemen, because they .::e "symbols of
protection". Well you ~re wrong, eastern Iowa, murder by a
policeman is the worst murder of all because your chiid's murderers
will almost certainly escape legal punishment, ~nd they will receive
more sympathy in the media than will you or your murdered child.
You will lose your sense that the world is a drcent place as you
watch many people in the community turn their bdcks on your dead
child, and begin to tre{t your child's murdere.-s as victims. You
will have to watch a blatant coverup unfold, a~:d finally you will
have to know that the chief of police is still the chief, and that
the officers who murOer~ your child are still policemen, or can go
back to being policemen Our son suffered the ultimate consequence
that a human can suffer and our former lives h~ve been destroyed,
and the sum total of th~ official consequences suffered for
murdering our son was tLat one officer was all~wed to resign. It
murders Ilfe"~s joy to h~ve a child murdered, a~ it m~,rders justice
to see an entire common ty accept, even applaun the fact that your
son's murderers have escaped all legal consequ~.~ces.
The thing that almost e~%rybody has so far fai ed to do is to put
themselves in Eric's shoes, in our shoes. You nave to Imagine
Gillasp~e's gun pointing at you and the bullet ripping into your
chest. Then you have to try to imagine that i. was one of your
children who has been murdered and the legal s~stem has said to you,
sorry this murder does not count. I tell you that your tolerance
for injustice would disappear. You would not ~e so ready to say to
the I~gal system, that~ ok, don't send them t~ prison. You would
2
begin to understand that injustice is an evil that rots the soul.s of
communities, and that justice is required before healing can even
start.
Why punish these officer's you ask-- they will have to live with
their mistake for the rest of their lives? The short answer is that
they have a "rest of thPir lives" and our son does not. A longer
answer is that the humar capacity for self pun'shment is serefly
limited, anO can not sulstitute for lawful pun.~hment. Humans have
been punishing murderer~' throughout history. ~re you willing to
allow every murderer in the world to plead tha, they are sorry, that
they will feel bad for the rest of their lives, and send none of
them to prison? Of course not, so you can not 3ive that privelege
to policemen. The police should never be allowed to break the laws
which they are sworn to uphold.
The city of Iowa City m'~st be held accountable because its city
manager, its chief of p¢lice, and two of its police officers have
varying degrees of culpability in our son's murder. This city can
not be allowed to call this killing an acciden~ because gross
negligence and gross di~;-egard for safety were involved in every
second of the 49 second~ these officers spent on the operation that
killed our son. We are pursuing a modicum of .mustice in the the
c~vil courts because th, criminal courts have ~o far failed us. We
are fighting for whatev(r amount of justice th-~ system and the
people of this state wi I allow us. Please he ) us. Unite for
Justice for Eric Shaw. Jay Shaw
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Over S10000. add 7%
7o;a' I
Me.~od of Paymenl (Check one ) [] Check M0qey Order o¢ G,li CeH,hcale [] VISA [] MasterCard
O9ANNER$
3' x 5'. vinyl
#034 $59.50
O AUTO SUN SHADE
52'x 21' on wh~le corrugated
cardboard
#071 $9.95
~) ROLlDAY ORNAMENT
Malte hmsn 3Y~' glass ornament
#068 $7.g5
4
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'"~ Cast metal key tag 1Wx2'.
~069 $4.95
I~) nRIOG E DECK
Sel o! lwo p}aymg card
decks ~e a clear pJas[ic case
#065 $12.95
~)EMBROIDERE0 PATCH
Embto,dered palch 2'x 3',
~ton-on backmg
e064 $3.00
~SHEET OF STICKERS
#055 Sheet of 30 sl~ckers $1.95
#056 Package ol three $2.95
(~ RAND McNALLY ROAD
ATLAS & TRAVEL GUIDE
80 color maps and U.S m:leage
ChaH 96 pages 8'x 10M'
#924 $4.95
~)PANEL VAN BANK
D,e-casl melai1940 PaneiVan
Bank Dy Scale Models ~,scate
#043 $24.95
#026 $2.50
#042 $7.95
~PENCILS
#057 Package of 12 $5.95
I~SHEAFFER PEN
Wmle Shealferballpomtpen
#028 $4.50
(~UMBRELLA
100% nylon. 54' arc. wood shaft
and handle.
#068 $29.95
~)MARBLEART PAPERWEIGHT
Made ofground marble and backed
withrich valour tO protectdesktops.
e025 $14.95
~GOLF BALL GIFT PACK
Each clear sleeve contains two Top
Flite XL golf balls and nine tees.
e020 Each sleeve $6.96
e020 Six sleeves $36.95
~)GOLF BALLS
'lop Fhte high-trajectory golf balls.
~1035 Package of three balls $8.05
#036 Dozen balls $32.96
~)GOLF TOW EL
Deluxe valour/terry material. w~th
b~ass cl~p. 26'x 15'.100% cotton.
~049 $10.96
~)COLLECTORS LAPEL PIN
White riomad epoxy printed pin
~005 $2.75
'uo~ .uFO~A~ '3 0II,
,(l!D WnOl $o
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