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HomeMy WebLinkAbout2007-11-05 Correspondence~~,®~ CITY OF (DWA CITY 4d(2) .:III~~~ ~E DATE: October 31, 2007 TO: City Council FROM: Sarah E. Holecek, First Assistant City Attorney`~`~-~ RE: Request by Ashford for City's consent to assignment of Hotel Parking Agreements to RBD Attached to this memorandum is a Letter from Ashford Iowa City, L. P. requesting the City's consent to the assignment of their rights in two parking agreements, between the City and the Holiday-Inn/RTC ("Holiday Inn Agreement") and the City and Plaza Towers ("Plaza Towers"). Essentially, Ashford is requesting the City's consent to assign its rights in each of these agreements (which were obtained through various assignments and/or leases) to RBD, the intended purchaser of the Sheraton Hotel. It also appears that Ashford may also be selling its leasehold interest in Hotel Vetro to RBD, which is why the Plaza Towers parking agreement is implicated in this request. Each of the above referenced parking agreements states that any assignment of the agreement shall be subject to City approval, in writing, which approval shall not be unreasonably withheld. Further, the City's consent may only be withheld based upon the same reasons the City would deny a liquor license application, namely the failure of the applicant's credibility and character to withstand an investigation by the City. Further, the party requesting the assignment shall submit the name of the assignee to the proposed assignment to the City in writing via "return receipt requested", and failure of the City to notify the requestor of the City's disapproval of said assignment in writing within fifteen (15) days of receipt of said notice shall constitute approval of said assignment by the City. In short, the consent provisions are both narrowly tailored and "self executing". The City may only deny consent based on the character of RBD, a joint venture comprised of affiliates of RockBridge Capital and Davidson Hotel Company (see, www.rockbridgecapital.com and www.davidsonhotels.com). Further, if the City fails to object or deny consent within fifteen (15) days of receipt of the request (October 26), consent shall be presumed. Staff has not identified any basis for denying consent in this matter and recommends that Council authorizes the Interim City Manager and City Clerk to execute said consent letter by motion. However, it should be noted that the City's consent to the assignment of the parking agreements be limited to the extent of Ashford's rights in said agreements either under previous assignments or their leasehold interest. Cc Dale Helling, Interim City Manager Marian Karr, City Clerk Eleanor Dilkes, City Attorney Jeff Davidson, Director, PCD Wendy Ford, Economic Development Coordinator Joe Fowler, Director, Parking and Transit Ashford Iowa City LP c/o Ashford Hospitality Limited Partnership 14185 Dallas Parkway, Suite 1100 Dallas, Texas 75254 October 19, 2007 Via U.S. Certifed Mail, Return Receipt Requested City of Iowa City, Iowa 410 East Washington Street Iowa City, Iowa 52240 Attention: Eleanor Dilkes, Esq., City Attorney RE: Consent Request to Assignment of Amendment to City of Iowa City-Holiday Inn, Iowa City Parking Agreement Dear Ms. Dillces: Reference is made to (a) that certain Amendment to City of Iowa City-Holiday Inn, Iowa City Parking Agreement, entered into on August 1, 1991 by the City of Iowa City, Iowa ("Cit '), and on October 17, 1991 by the Resolution Trust Corporation as receiver for Midwest Savings Association, F.A. ("RTC"), as RTC's rights thereunder have heretofore been assigned by various assignments to Ashford Iowa City LP ("Hotel Owner"), which amended that certain City of Iowa City-Harry A. Johnson, Jr. Pazking Agreement dated December 23, 1983, between Landlord and Harry A. Johnson, Jr. doing business asMid-City hotel Associates -Iowa City, with respect to parking rights in favor of Hotel Owner in and to parking ramps owned by the City known as the Dubuque Street Parking Ramp and the Capitol Street Pazking Ramp (such agreement, as so amended and assigned, the "Hotel Parking_A,~xeement"); and (b) that certain Off-Site Parking Agreement entered into on June 30, 2003 by the City and Plaza Towers, L.L.C. ("Plaza Towers"), as Plaza Tower's rights thereunder have heretofore been assigned by various assignments to Hotel Owner, with respect to parking rights in favor of Hotel Owner in and to any parking ramps owned by the City, including the Capitol Street Parking Ramp, the Dubuque Street Parking Ramp and/or the Tower Place and Parking Ramp (such agreement, as the same may have been heretofore amended and as so assigned, the "Plaza Towers Parking Agreement", and together with the Hotel Parking Agreement, the "Parking Agreements"). Any capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Parking Agreements. As you may know, Hotel Owner and RBD Iowa City LLC ("RBD") have entered into an Agreement of Purchase and Sale dated as of October 10, 2007 (the "Contract") pursuant to which Hotel Owner has agreed to sell the Sheraton Iowa City Hotel located at 210 S. Dubuque Street, Iowa City, Iowa 52240 (the "Hotel"), to RBD. Pursuant to Section 5 of each of the Parking Agreements and in conjunction with the sale of the Hotel, Hotel Owner is hereby requesting the City's consent within fifteen (15) days of receipt of this letter to Hotel Owner's assignment of its rights and Error! Unlmown document property name. City of Iowa City, Iowa October 19, 2007 Page 2 obligations under the Parking Agreements to RBD. RBD is a j oint venture comprised of affiliates of RockBridge Capital and Davidson Hotel Company. Additional information regarding RockBridge and Davidson may be found on their websites at www.rockbrid e~capital.com and www.davidsonhotels.com, respectively. Please kindly acknowledge your consent to the foregoing by signing this letter in the space provided below, return an original signed copy to G. Brian Butler at Morris, Manning & Martin, LLP, 1600 Atlanta Financial Center, 3343 Peachtree Road, N.E., Atlanta, Georgia 30326, and please also send a facsimile or Adobe Acrobat PDF file of the signed consent to Brian Butler at (404) 365- 9532 (or bbutler(a~mmmlaw.com). Upon receiving your consent and RBD's completion of its due diligence under the Contract, we will prepare an assignment and assumption of the Parking Agreements (the "Assi ng_ment").for execution by Hotel Owner and RBD. Upon consummation of the closing under the Contract, a copy of the Assignment will be delivered to you for your files. Should you have any questions concerning this letter or would like further information, please contact Brian Butler at (404) 504-7732, or Mark French of Davidson Hotel Company at (901) 761- 4664. Thank you in advance for your assistance with this matter. Very truly yours, Acknowledged and consented to this 5th day of November , 2007: CITY OF I A CITY, IOWA By: Name: Ross Wilburn Title: Mawr ASHFORD IOWA CITY LP, a Delaware limited partnership By: Ashford Iowa City GP LLC, a Delaware limited liability company, its General Partner By: Name: Titl Attest: ~ .r~ 95'l Name: Marian K_ Karr Title: city .i k Error! Unknown document property name. -~,®~ CITY OF IOWA CITY 4(1) ~MORA M Date: October 17, 2007 To: City Clerk 1 From: Nick VanderZwan, JCCOG Traffic Engineering Planner L ~J~ Re: Item for November 5, 2007 City Council Meeting: Installs ion of a YIELD si on the Riverside Drive Frontage Road north of Imperial Court. As directed by Title 9, Chapter 1, Section 36 of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A (5): Install a YIELD sign on the east side of the Riverside Drive Frontage Road north of Imperial Court. Comment: This action is being taken to require vehicles on the Riverside Drive Frontage Road to yield to other vehicles at the intersection. The Frontage Road terminates at a concrete mix plant access with a mix of large and small vehicles. -_ C7 ,~, •_ } ~ J ~_ \J S~ ~.> ~) -.. +~/.may, _ ~ ° ~ G .~ ° .~... ' ` -_.. r J ~ .. V7 r 4 (21 ~= 1 CITY OF IOV~IA CITY ~_.:.®~~ ~m~ ~ ®~~~ N D U M E~C~RA M Date: October 26, 2007 To: City Clerk From: Kent Ralston; Acting Traffic Engineering Planner Re: Item for November 5, 2007 City Council meeting; Installation of NO PARKING ANYTIME SIGNS on the north and south sides of Court Street between Arlington Drive and Taft Avenue As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A (10); Install NO PARKING ANYTIME SIGNS on the north and south sides of Court Street between Arlington Drive and Taft Avenue. Comment: This action is being taken to establish consistency in prohibiting on-street parking on Court Street; an arterial street. Indexbc\memos\arlington.doc _ M1~ G :ti ~-- J ~J y ~% i ~~ ~~ N ~__G ~ ^ ~'ti ~ _ \...% _.. M tit 1 "i -U J -U ! r ~^~~®~ CITY CJF ICJ WA CITY 4 3 ..ui~~~ . ~®.~~ A~ a u ~ EN[aR M Date: October 26, 2007 To: City Clerk From: Nick VanderZwan, JCCOG Traffic Engineering Planner ~,"~.X~ Re: Item for November 5, 2007 City Council Meeting: Installation o 1) "NO RKING HERE TO CORNER" sign on Scott Park Drive north of the Scott Park Drive/Court Street intersection. As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A (10): Install (1) "NO PARKING HERE TO CORNER" sign on the west side of Scott Park Drive approximately 20 (twenty) feet north of the Scott Park Drive/Court Street intersection. Comment: This action is being taken to prohibit vehicles parking too close to the Scott Park Drive/Court Street intersection and thereby providing adequate turning radii for Iowa City Transit buses. IndexbGmemos/NPHTC Scott Park Drive.doc r>> ~_~ . ~'~ ~~ rv ;~~ ,; _ ~ ~- v ~.__j ~- --- __ . ~ --, -- . _.~ ~~ :1:> 4 4 Marian Karr From: RussUPS@aol.com Sent: Tuesday, October 16, 2007 5:23 PM To: Council Subject: (no subject) In regards to the Iowa City Ambulatory Surgical Center TIF. First of all the committee already decided by a 2 to 1 against the TIF. Secondly, why even have a committee if you aren't going to abide by their decision. Thirdly, something like this that has the impact it does on the community in regards to tax dollars should be decided by the whole city council not just a select few. I say the whole City Council should vote on this and any TIF decision in the future. It seems to me it is an easy way out for some who might be afraid to vote on this publicly. Why have seven council members when only three are going to vote on something like this. Besides, at this time when we are trying to build up our police staff, fire department and looking at maybe needing a new jail some where down the road, this may not be the time to hand out TIFS. I do believe we were burned on the Moen building with his TIF. Originally it was going to be something other than high priced condo's. But somehow we let him change his plans. On top of that his TIF is way to long, he'll sell before his TIF runs out. Wish I got a residential TIF when I built my new place. The Iowa City Ambulatory Surgical Center will build there no matter what. They will be in the hot spot of the medical community. On top of that Mercy Hospital is only 10 minutes down the road for convenience. Russell Haught 351-5315 See what's new at AOL.com and Make_AOL.._Your Homepage. 10/ 16/2007 4 5 ~.--' ~ ~_ 2~~1 U~:,T ! 6 ~+ ~ I 1 ~ 5 1354 Curtis Bridge Rd. NE -~~~ ~~;;~~y~ Swisher, IA 52338 C~ t ~t j~~,^Yr~r;,, ~_;r ; ~; ~~j,r~l~ October 15, 2007 Mayor Ross Wilburn & City Council 410 E. Washington St. Iowa City, IA 52240 Dear Mayor Wilburn & Council Members, We would like to express our grateful appreciation for the Community Event Funding $300.00 grant from the City of Iowa City. The Iowa City Community String Orchestra is using the award for the sponsorship of a soloist in our fall concert. The ICCSO is a community orchestra made up of 35 or so musicians of all ages and occupations from Iowa City and eastern Iowa. The first of our two concerts of our 28th season will take place Nov. 11, 3:00 p.m., at the Englert Theatre. This will be our third season at the Englert Civic Theatre, and we are very excited to be a part of the community performing arts scene there! We cordially invite you to attend the concert. The grant will provide the soloist honorarium for the harpist who will perform Debussy's Danses sacree et profane with the orchestra. Also on the program is a piece by Eric McIntyre, music director of the Grinnell Symphony Orchestra. On behalf of the orchestra members and the ICCSO Board, please accept our appreciation for the grant award. Sincerely, use >~ Janice Horak Treasurer IOWA CITYCOMMUNITY STRING ORCHESTRA 4 6 Marian Karr From: nathan-mueller@uiowa.edu Sent: Wednesday, October 17, 2007 11:54 AM To: Council Subject: Sand Lake park land usage I was very pleased to hear about the passage of the purchase agreement for the land between Sand Lake and the Iowa River on the south side of town. Living close to this area, I am very happy to see a large tract of public park so close to my home. I am writing to offer a suggestion for the usage of some of this land. As I am sure the council knows, Disc Golf is a very popular pass time to many in the Iowa City Community. On any temperate day from March to October you can find people playing at the Turkey Creek course at the Coralville Reservoir, or at the Sugar Bottom course in North Liberty, and frequently throughout the summer there will be lines of people waiting to tee off due to their high popularity. While high traffic flow of these public parks is a good thing, congestion is not. Another problem I have heard vocalized is that the current courses are inconveniently located for people without readily available transportation. For instance, people who live south of Highway 6 live more than 5 miles from the Peninsula course in Coralville, 7 miles from Turkey Creek at the Coralville Reservoir, and 19 miles from Sugar Bottom course in North Liberty. By contrast, they would live only 2 or 3 miles from Sand Lake; a very negotiable distance by bicycle or on foot. As a resident of Iowa City, I would love to see another course built on the south side of town. This would not only give disc golfers more options for play, but allow residents without access to a car the opportunity to enjoy the game as well. Thank you for your time and consideration, Nathan Mueller 658 Sandusky Dr. Iowa City, Ia 52240 1 4 7 Marian Karr From: Andrew Craig [Andrew.Craig@Staubach.com] Sent: Thursday, October 25, 2007 10:54 AM To: Council Subject: City Council's role in the Legal Age Ordinance initiative City Councilors, I trust all of you are watching the contest over the "legal age ordinance" closely...and have begun to witness the results of your inaction. You were each elected to investigate, listen, debate, and decide on issues affecting Iowa City...not to turn complex community issues over to the people to "let the community decide". On November 6th, you will see that the vast majority of Iowa City residents -your real constituents - will vote in favor of the legal age ordinance. Conversely, the vast majority of newly registered, new "resident", transient students will vote no. No one knows who will win, but the unprecedented bar- financed student vote ensures that this ballot initiative will not be representative of the will of the people. This is an excellent example of when "democracy" is not the right course -and exactly why we have elected officials. The city council's inaction has allowed the future of our downtown to be determined by the ability of the well-financed bar owners to entice transient students and young people to register and vote -people whose interests are singular, transparent, and not grounded in the best interests of the Iowa City community. IronicallX, these young new "citizens" of the city will also likely determine our new city councilors. This circus-like election atmosphere is an embarrassment to the city...showing literally the nation that we allow the students and bar owners -not elected officials or community leaders - to determine what's right for our city. If the ordinance passes, then you can thank the people of Iowa City for their active citizenry. If it does not pass, it will be back again. It is the hope of the true IC community -the one that will be here long after the students are gone -that the new city council will have more courage than the current one and not abdicate its responsibility so casually. Sincerely, Andy Craig 2415 Mayfield Road Iowa City, IA 52245 319-339-9403 This correspondence will become a public record. 10/25/2007 Bar ordinance... Marian Karr From: Judge, Eli [district8@cityofmadison.com] Sent: Tuesday, October 23, 2007 12:16 PM To: Council Subject: Bar ordinance... Dear honored City Council members, Page 1 of 1 Recently glancing through a recent Chicago Tribune, I came across the proposed ordinance to change the tavern entrance age from 19 to 21 in Iowa City. While I will not specifically argue for or against this proposed ordinance (seeing as I currently live and serve in Madison, Wisconsin), I will offer some insight toward our practices and why you may wish to heed caution with regards to a possible change. I am currently an Alder on the Madison City council. To save you some research time, I am currently a student at the UW- Madison, am 20 years old, and have been in my post since April of this year. As you could probably guess, my constituents are almost entirely students. I also represent almost half of our downtown, urban entertainment district. These establishments include restaurants, theaters, TV stations, and, yes, taverns. My perspective may be of some interest to you. Here in Madison, people are carded at the door. While this practice does limit the amount of people getting into our various taverns, I ASSURE you, it, in no way, stops underage students from drinking. Thousands of students, driven from the safer, police monitored, licensed establishments turn from our entertainment areas and move towards our neighborhoods. Something that I have come to realize is that students don't go to bars for alcohol. I guarantee you, the students in your city, just like the ones in mine, will find alcohol if they want it. Students go to bars for the atmosphere that they provide. Unfortunately, that atmosphere can be almost exactly replicated at any unlicensed tavern (or, as students call them, house parties). These parties are not only statistically far more dangerous due to a heightened risk of sexual assault and alcohol related violence, but also are far cheaper (usually only requiring $5 for a bottomless cup of beer). As a council member, I know my lack of "constituent status" may lessen the effect of my words. I just hope that my point of view, both as a student and as a member of the Madison City Council, will give you more information as you all come to the judgments you feel are right. With highest regards and Go Badgers! Eli Judge Eli Judge Alder, 8th District 10/23/2007 Marian Karr From: dennis kowalski [mayflyd@yahoo.com] Sent: Friday, October 19, 2007 1:09 PM To: Council Cc: opinion@press-citizen.com Subject: booze Ironically, after attending the 21 ordinance meeting last night, I find today on my front lawn a BudLight bottle. A first. we all know who drinks that crap. This on the suburban westside, 1/2 block from Willowcreek park. This was an every day occurrence when we lived on a main street in Chicago. But, here? Times they are a changin. If this keeps up you guys will have to lower our property taxes. If Chicago's taxes were lower, we would move back in a minute. Have a Nice Day! Dennis Kowalski Do You Yahoo!? Tired of seam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 1 11-U5-0 7 4 8 Marian Karr From: Fred Stern [frederick-stern@uiowa.edu] Sent: Tuesday, October 23, 2007 9:15 AM To: Council Cc: Bill Campbell; Dale Helling Subject: Disorderly behavior in Brookland Park Neighborhood Attachments: Petition.pdf; 15 October 2007.pdf This correspondence will become a public record. Iowa City Police Chief and City Council I read the attached letter concerning the disorderly behavior in Brookland Park Neighborhood especially on football Saturdays to the City Council at their 16 October 2007 meeting. After the meeting I discussed the problem with Officer Campbell and requested that he visit the worst and most chronic offenders identified in my letter and warn them that this is acceptable behavior that will be ticketed in the future. I also talked by phone with City Manager, Dale Helling, who indicated that the matter will be further discussed by the City Council. Officer Campbell did visit the two houses mentioned and called afterwards; however, my impression from the phone call was not that they agreed to stop their disorderly behavior, but rather complained about my complaining to them when they were having their parties. As per the attached petition, this is not just my complaint but the complaint of the majority of the neighborhood. 21 of 23 houses that I visited signed the petition. The other two were new to the neighborhood and asked for time to think about it. I am confident that I will have a nearly unanimous petition as I continue through the neighborhood. Neighbors living closest to the two houses all agree these are two of the worst and most chronic offenders. I heard many disturbing stories from my neighbors: 508 Melrose Ct. has many pictures of the disorderly behaviors outlined in my letter and neighborhood petition; 409 Melrose Ct. (an elderly lady) was so upset by party at 402 Melrose Ct. one year that she required medical treatment; 506 Brookland Park Dr. has called police many times regarding another offending house behind them on Melrose Ct, but without satisfactory response; 424 Melrose Ct. similarly has called police many times about house close by on Melrose Ct. again without satisfactory response. The Brookland Park Neighbors insist that Iowa City Police and City Council assist us with this problem. I request that Officer Campbell return to the 516 Brookland Park Dr. and 402 Melrose Ct. and show occupants the petition and make clear that the entire neighborhood objects to their disturbances. I hope to hear soon from the Iowa City Police and City Council of the positive action that will betaken. Sincerely, Fred Stern 402 Brookland Pl. Iowa City, IA 337-47098 10/23/2007 Petition to Iowa City Police Chief and City Council by Brookland Park Neighborhood Residents: The Brookland Park Neighborhood Residents hereby petition the Iowa City Police Chief and City Council to enforce existing laws and/or make and enforce new laws to stop the loud and uncontrolled parties starting as early as sun rise (in some cases earlier) and lasting until after the game (m some cases into the night) in our neighborhood especially on football Saturdays but also at other times, which have become a intolerable and fiequent occurrence over the last five years. Public nuisances and disturbing the peace include: upwards of 50 persons per party; loud obnoxious behavior, kegs and binge drinking; loud music; partying in the street and blocking traffic; public urination; disrespectful and insulting behavior, trespassing and property damage; and excessive parking on lawns. Name Address Owner/Renter Date ~' ~" r'"' `'~' ~ 402 Brookland Pl. Owner 18 October 2007 t ~~ ~ b ~~1~~-~~~, p7 I D l °i 12 ~'~7 sb l P dog ~dti-Q~~'1C- ~~ ~ ~~ ~~.~~ ~b~2~ ~d~ ~~~u(o1 ~~ ~ ~; ~w y U ~' tT 7l ~c /~ mac--, a c.~. ^.,_,. ~~2 [ ~ ~, .~.Il C(q/~ V' C~'~ / '-CI/U:sfc C~ VWr1.fi/ ~Q/~~ /~ T -r- _. _._._-~.__ .... ..... ....__. __._' J~ _ _....... _. _ .. .. .__._ ___ -. _. __..... _._ .. Iv 15 October 2007 Dear Iowa City Police Chief and City Council: I have lived at 402 Brookland Pl, Iowa City as homeowner and Professor at The University of Iowa since August 1983. Over the last 5 years football Saturdays have become intolerable due to the many houses occupied by students/renters having loud uncontrolled parties starting as early as sun rise (in some cases earlier) and lasting until after the game (in some cases into the night). Public nuisances and disturbing the peace include: upwards of 50 persons per party; loud obnoxious behavior; kegs and binge drinking; loud music; partying in the street and blocking traffic; public urination (many times in my own yard); disrespectful and insulting behavior; trespassing and property damage (many times persons crossing my yard and damaging my fence in spite of clearly displayed no trespassing sign on fence); and excessive parking on lawns. I have called police many times and asked for more frequent patrols and enforcement of laws which clearly are not being enforced. Police usually come after fairly long period of time at which time level of nuisance reduced temporarily but returns to extreme as soon as police leave. I have talked with persons living at these houses only to be insulted or argued with. Many of these houses such as 516 Brookland Park Dr. and 402 Melrose Ct. are repeat offenders over many years. I should also mention that since this behavior is tolerated on football Saturdays similar parties albeit usually with fewer persons are not uncommon on weekends. Here again I have called the police with similar results. Many of these houses appear to have many more unrelated persons living together than I understand is legal. Although my home was selected as an historical landmark in part due to the restoration work I have done, I am seriously considering moving, as it seems clear to me that my property value is being reduced considerably compared to my assessed value due to this situation and fact that Iowa City seems not to care. If Iowa City does not soon enforce the laws, codes, and regulations in the Brookland Park Neighborhood, my once safe and peaceful part of Iowa City will quickly disappear and the city will have an even larger problem on its hands. Sincerely, ~~~ ~~. Frederick Stern 402 Brookland Pl. Iowa City, IA 4 9 Marian Karr From: Gina Kaefring [ginakaefring@yahoo.com] Sent: Saturday, October 20, 2007 5:23 PM To: Council Subject: Cite and release for marijuana possession Gina Kaefring 1204 Wylde Green Rd. Iowa City, IA 52246-4834 October 20, 2007 Iowa City Council Dear Iowa City Council: we are ruining the lives of many non-violent, peace loving young people by incarcerating them for possession of marijuana and exposing them to "real" criminals like murderers and rapists. This is way more harmful than the actual use of the marijuana. I read this article that says we have a huge problem with our jail population: http://www.mapinc.org/drugnews/v07/n603/a06.html?30111 If our law enforcement is ready to move forward on this issue and change the way we handle simple marijuana possession cases, I hope you will make an effort to accommodate them. Thank you. Sincerely, Gina Kaefring 1 4 10 Marian Karr From: dennis kowalski [mayflyd@yahoo.com] Sent: Wednesday, October 17, 2007 10:00 AM To: Council Subject: questioning Is there any transition program for the African Americans, that are being encouraged by billboards in Chicago, to come to Iowa City? Besides being the most oppressed group in America, the blacks, coming here in my observation, appear poor. Being from Chicago, myself, many are of the gang banger variety, or at the least, wannabes. This town is easy pickings. I already notice, more security, more special education etc. Other then getting them here, there doesn't appear to be any program for them, to transition to life here. Teachers, cannot handle special ed. Don't dump societal, economic problems on teachers. Whoever the do gooders are in Chicago, Iowa City, or both, I hope they have a plan besides shifting people around. Race relations in this country are similar to how we entered Iraq. Blunder in and pick up the pieces later. In the meantime the affluent are relatively untouched, which may be the reason not much is ever really done. Being the politically correct and naive town that is Iowa City. This issue is not much talked about, or denied. If referred to at all, as a problem. The blacks coming into town are classified as the new element. This is a potentially an enormous problem for Iowa City, as it has been historically in this country. If I'm considered a racist, so then is Bill Cosby. I've been through too much shit to care. Dennis Kowalski PS I am not a teacher. If I was I wouldn't be writing this for fear of retribution, or job loss. Here in Free America. Do You Yahoo!? Tired of Spam? Yahoo! Mail has the best Spam protection around http://mail.yahoo.com 1 4 11 Marian Karr From: Julie Seal Sent: Friday, October 19, 2007 2:35 PM To: Council Subject: FYI From: Julie Seal Sent: Friday, October 19, 2007 8:40 AM To: 'lynchm@iowa-hospice.com' Subject: Oops! Hello, Monica: Gosh, I had no idea that I apparently overstated my explanation of City of Iowa City policy regarding presenting at the Senior Center. I would say that at least 75 per cent of those who present here are of a "for profit" status. My goodness, we wouldn't have much going on if folks like yourself weren't willing to take time out of their busy schedules to let older folks know about these important things. I-hope you will accept my apology. I certainly did not mean to offend you or Tim Moreland, whose good work in the community I was already aware of. We look forward to your visit next week: and I am sending out press releases today on the program. Thanks again for your willingness to present at the Center. See you next week. Sincerely, Julie Seal, Ph.D. Program Specialist Senior Center Iowa City 10/19/2007 Marian Karr From: Julie Seal Sent: Thursday, October 18, 2007 2:34 PM To: Dale Helling; Council; Linda Kopping; Eleanor M. Dilkes Subject: FW: Your Program on October 25 at 1:30 PM Importance: High Oh, I forgot to indicate that this woman never did clarify that her organization was not that of Maggie Elliott's. I did not respond to her until several other agencies in the Iowa City area brought to my attention that this person had no connection to Iowa City Hospice and that her organization was for profit rather than not for profit. These agencies also indicated to me that many seniors are getting confused between the two organizations; and an attempt has not been made to clarify which is which. As you all know, the result of confusing a for-profit hospice with a non-profit hospice could be catastrophic financially to a family not knowing which is which. I might add that her lecture is still scheduled for the Senior Center and we're very glad to have her. Julie Seal Marian Karr From: Julie Seal Sent: Thursday, October 18, 2007 2:22 PM To: Dale Helling Cc: Council; Linda Kopping; Eleanor M. Dilkes Subject: RE: Your Program on October 25 at 1:30 PM The presenter, Monica Lynch, presented herself as being with Iowa "city" hospice. When I asked her how Maggie Elliott was doing and how Lisa, one of our former interns was doing as a part-timer at Iowa City Hospice, she said Maggie was great and Lisa was doing just fine. No further comment. Julie Seal --Original Message----- From: Tom Moreland [mailto:morelandt@iowa-hospice. Sent: Thursday, October 18, 2007 2:17 PM To: Dale Helling Cc: Council; Linda Kopping; Julie Seal; Eleanor M. Angie Lynch-Wilson; Monica Lynch Subject: FW: Your Program on October 25 at 1:30 PM Importance: High comJ Dilkes; Kevin Sheehan; Dee Hiveley; Mr. Helling and Mayor Wilburn, I was born and raised in Iowa City and have many family members that live there and run businesses in your community. I do not appreciate the email, Julie Seal, Director of the Senior Center sent us. I think this is a terrible reflection on our city and completely bias. She also has no authority to tell us what our organizations name should be, we serve 60 counties in Iowa and it isn't a problem. The slander for being for-profit is also of great concern to me and I hope you will address this with Ms. Seal. Tom Moreland, MHSA, CHCE CEO Iowa Hospice www.iowa-hospice.com "Although there may not be a cure, there can always be healing." -----Original Message----- From: Monica Lynch Sent: Friday, October 05, 2007 10:13 PM To: Tom Moreland; Dee Hiveley; Angie Lynch-Wilson; Francie Jahn Subject: FW: Your Program on October 25 at 1:30 PM What do you all think of this? I think they love us!!! Monica Lynch, LBSW Facility Liaison Iowa Hospice 1570 S 1st Avenue Suite E Iowa City, IA 52240 Phone: 319-358-5754 Toll Free: 888-842-8120 Fax: 319-358-5872 Cell: 641-751-6679 =----Original Message----- From: Julie Seal [mailto:Julie-Seal@iowa-city.org] Sent: Fri 10/5/2007 6:34 PM To: Monica Lynch Subject: Your Program on October 25 at 1:30 PM Hello, Monica: I need to take the opportunity to communicate City of Iowa City policy to you; as Iowa Hospice is a "for profit" business and organization. I must admit, your organization has selected a name that many people are confusing with Iowa City Hospice. As you know, Iowa City Hospice is a revered, respected, not-for-profit organization that has been doing incredible work for a long time. I did not look closely enough at the name of your organization to realize that you are a for-profit business. Actually, I believe it would work much to your benefit to change your name to avoid this mistake. Many potential patrons may not take too kindly to the fact that they are "signing up" for your programs, believing that they are dealing with Iowa City Hospice rather than a "business." Representing yourself up front as what you are and what you have to offer will work much better for you than "linking" yourself, whether intentionally or unintentionally, to a not-for-profit organization that is a household name in this county as well as many surrounding counties. But of course, this is none of my concern. I need to share with you that you will only be able to talk in general terms about the Medicare and hospice concepts. You will not be able to outline the specific programs Iowa Hospice has available or about Medicare-type services that Iowa Hospice oversees or has available. The Senior Center is a government building owned by the City of Iowa City. As such, business representatives such as yourself may only make presentations on the general nature of Medicare as a government program and hospice as a general program of care offered throughout the country. Any specific reference to the programs offered by'Iowa Hospice is prohibited. In addition, you may not make appointments or in any way have folks "sign up" for anything - including an address list to receive additional information from your business, Iowa Hospice. The only thing that policy permits is if you leave a few business cards with me and I will give them to those who ask. You may not pass them out at the program. I look forward to meeting you at the program as I will be in attendance. If we need to .communicate further or if you wish to cancel the program, please let me know. Julie Seal, Ph.D. Program Specialist Iowa City/Johnson County Senior Center City of Iowa City 4 12 Marian Karr From: carmen-krapfl@uiowa.edu Sent: Thursday, October 11, 2007 1:11 PM To: Council Subject: resident complaint Dear Iowa City City Council Members, I am writing to you concerning a complaint I have in regards to the train intersection south of Brookland Park. As a tax paying Iowa City resident I am frustrated by the amount of time that I am unable to cross the train intersection at this location. Four days in a row this week alone I have waited at least 15 minutes (usually more) for the train to finish crossing the intersection. I am tired of the train stopping, going forward, stopping, backing up, and then starting again. I am aware that the train needs to do so, but something should be done to help pedestrians trying to cross the tracks. Too many times this week I have watched pedestrians climbing over the train in order to keep their time commitments. It is inevitable that soon one of these pedestrians will be injured or killed for doing so. I see it as the city's obligation to provide a safer alternative for pedestrians to cross the intersection while a train is blocking the intersection. For instance, a pedestrian walking bridge such as those over Riverside Drive would be a safe and feasible alternative to this problem. I have spoken to countless neighbors in my area north of this intersection who are also disgusted with this situation. I believe that the city should take action to amend this situation in order to promote pedestrians from this section of town to continue walking and biking instead of driving, which pollutes our community. Encouraging such exercise is also healthy for our town's residents. In addition, I believe the town of Iowa City should take all means necessary and available to protect their citizens, and fixing this problem is one such instance. Thank you in advance for your consideration of this important issue to many of Iowa City's citizens. Sincerely, Carmen Krapfl Concerned Citizen 4 13 Marian Karr From: the3rdiowa@mchsi.com Sent: Wednesday, October 31, 2007 9:50 AM To: Sam Hargadine Cc: Council Subject: Doug Hart Chief Hargadine, On behalf of myself and the neighbors in the Creekside Neighborhood, we wish Doug Hart a speedy recovery and would like to pass on our best wishes to him and his family. We appreciate his service to the city and feel badly that he was injured in our neighborhood. Sincerely, Garry Klein Creekside Neighborhood Association DEPARTMENT MEMO TO: Ms. Marian Karr s ~~ ' f Sam Har adine cl `" - ` , FROM: Chie g RE: Q-Bar Application for renewal of liquor license DATE: October 25, 2007 Based on the below reported violations I am recommending that the Que Bar or Q-Bar's license not be renewed. • The Que has had four "sale to underage person" violations resulting in ABD sanctions: 0 09/06/03 -- $500 fine [15' offense]; 0 04/28/05 -- $1500 fine & 30 day suspension of liquor license [2nd offense within 2 yrs]; 0 08/19/06 -- $1500 fine & 60 day suspension of liquor license [3`d offense within 3 yrs]; 0 09/08/06 -- $1500 fine & 60 day suspension of liquor license [3~d offense within 3 yrs]. I am also inclosing a photograph of a bartender serving a patron a shot on the bar directly in the patron's mouth. This photo was recently in The Booze News publication. We are in the process of determining who the employee is and when the photo was taken. CO `` _ ~-, _' N _. . _= ~~ f..fl ' `-! ~ : fir{ ~~ Y _ ~-~ "' ! O F..f1 J ~ ~ ~' ~ ~~ ~ ~ ~ ~ ~ ~"ri ~ y0 y ~ ~ ~~" O C `0 Oo ~ ~a ~ m Sy ~ ~ ~ ~ ~ o y ~ ~ ~ y~ o -s ~ n o- - ~`°~.°~~oo m o z o ~ ~ ~ ~ ~ ~ ~ ~ ~o ~~ ~?~ ~ cp ~ ~ '; y ~ ~ o .., o ~ `., !~- ca ~ ~ o ~ a., a o 'L'! e--1- m r* cp ' ~ ~ .~ o ~ o ~-3 o ~, '~ ~ ~~~ dco ,~ C7 co b ~ ~ ~ ~ ~ ~ ~~~ ~ ~ c0 ~ ~~~ ~ C "~» ~o~~~~~0 ~ ~ ~ y ~ ~ ~ ~ o ~ ry' ~~ ~ ~ ~ ~, ~. z ~ ° Ez '~~, f tSt ~~ ~. ~.:~~~~, ~I A,, "`7 a° s= T ~;, q°. _~ Cn~ cep I ~ I ~~ III m, ~` i ,~. • ~ '~< ~. k ,~ ~ -: .~ ~ N ti 11 ~~ 5 m _ ,. .~ 'I . , L October 29, 2007 IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA CITY, IA 52240 (319) 356-5275 FAX # (319) 356-5449 "An Accredited Police Department" Mr. Roy Yelder - c/o QBar ~~ ~~,~ ~~ 211 Iowa Avenue Iowa City, Iowa 52245 Dear Mr. Yelder, 1~I ~ ~~~1 ;~~r;, i ~~. ,~~ ~:*.~ Based on the enforcement history and lack of supervisory or management staff listed on your renewal application my recommendation to the City Council is to deny your renewal request for a liquor license. On your liquor license renewal application there are no managers listed to act on your behalf and supervise your employees when you are not present. The recent photo printed in The Booze News of Krissy Wegner pouring liquid from an alcohol bottle directly into a patron's mouth is an example of why more supervision is needed in your establishment. This is a violation of Iowa City Ordinance 4-5-7(A)(6). The enforcement history is listed as follows: 0 09/06/03 -- $500 fine [1St offense]; 0 04/28/05 -- $1500 fine & 30 day suspension of liquor license [2"d offense within 2 yrs]; 0 08/19/06 -- $1500 fine & 60 day suspension of liquor license [3~d offense within 3 yrs]; 0 09/08/06 -- $1500 fine & 60 day suspension of liquor license [3`d offense within 3 yrs]. The last two incidents resulted in convictions following the date of your last renewal. Sincerely, c~:' ~M~7~ Sam Harg ine Chief of Police -- ~; -- - t cc: ~ity Clerk ~~ City Attorney _~ ~;.~ ~.} ABD --~--~ ~~ --, ~_1 IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA CITY, IA 52240 (319) 356-5275 FAX # (319) 356-5449 "An Accredited Police Department" October 29, 2007 Mr. Roy Yelder 521 Melrose Court ~~,,~-yti~~-, Iowa City, Iowa 52246. Dear Mr. Yelder, v'~~+; Based on the enforcement history and lack of supervisory or management staff listed on your renewal application my recommendation to the City Council is to deny your renewal request for a liquor license. On your liquor license renewal application there are no managers listed to act on your behalf and supervise your employees when you are not present. The recent photo printed in The Booze News of Krissy Wegner pouring liquid from an alcohol bottle directly into a patron's mouth is an example of why more supervision is needed in your establishment. This is a violation of Iowa City Ordinance 4-5-7(A)(6). The enforcement history is listed as follows: 0 09/06/03 -- $500 fine [1St offense]; 0 04/28/05 -- $1500 fine & 30 day suspension of liquor license (2"d offense within 2 yrs]; 0 08/19/06 -- $1500 fine & 60 day suspension of liquor license [3`d offense within 3 yrs]; 0 09/08/06 -- $1500 fine & 60 day suspension of liquor license [3`d offense within 3 yrs]. The last two incidents resulted in convictions following the date of your last renewal. Sincerely, O _ f_, ~-~ ~~'''`~ U _ - am Hargadrne ~~ - w Chief of Police _ ~ J `~' -z, %= . cv y~ n~ cc: ~ity Clerk "' City Attorney ABD f~s --, .__. ~ r 1~ _~ ®~'~ ~~~~ ~ ~ .~~_ CITY OF IOWA CITY October 29, 2007 Roy Yelder Yelder Enterprises, Inc. 211 Iowa Avenue P.O. Box 2531 Iowa City, IA 52244-2531 Re: The Que Bar Dear Mr. Yelder: City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www. icgov.org Under separate cover you should be receiving notice that the Iowa City Chief of Police is recommending that City Council deny your application for renewal of your liquor license. Under Iowa City Ordinance 4-2-4: NOTICE AND HEARING: you are entitled to, "an opportunity to be heard prior to the imposition of a civil penalty, suspension or revocation or disapproval of an application for renewal." Please find enclosed a copy of Iowa City Ordinance 4-2-4 for your reference. The City Council will be considering your application at their November 5th, 2007 City Council meeting, which starts at 7:00 p.m. in Emma Harvat Hall. This meeting will be your opportunity to be heard on your application. Sincerely, Eric R. Goers Assistant City Attorney " cc: Sam Hargadine, Iowa City Chief of Police w/o enclosure Marian Karr, City Clerk w/o enclosure Eleanor Dilkes, City Attorney w/o enclosure eridltrs/yelder10-29-07.doc ABD Licensing -Applicant ~ ~ Page 1 of 1 ~ Home } ti_... Contact Us f M t Logoff ~; ~ ~ _ _ ± ~ Help ~ License Search i i ©n-Demand Keg Registration user Profile License List ~ Re ortin Search - -- - - Applicant LC0O2324O, The Que, Iowa City .._. ~ Privileges _ _ _ _ ..._ ~.. After completion click on the NEXT link to continue to the next screen, or the B. ~ License __ The navigation links on the top may also be used to move around the applicatic ~ APPlicant __ __ ~.., .. .. .. .. ,,.~._. Name of Applicant. Yelder Ente ~~ses. Inc (° ~ Status Of Business Name of Business (DIBIA): =?~i~~ Q.ae ~ Ownership _ ___ _. _ _- _ _ Address of Premise. ~ 11 It~~;~ A~~~n..e P O Box 2531 - ._. _ -- ~ Criminal History - Address Line 2: _ ~ Premises __ _ , City: ko+~ra City s General Premises County: Johnson ,~ ~.:, ~ Applicant Signature Zip; 52244-0000 ~ Dram Cert __ _ ___ _ _. ~ Business Phone ,.(319} 337-9107 ~ Local Endorse ~ History ~ Same Address. .~._~~ .x,W~. _:.....~. ___ _.__.__._,_~_ . Mailing Address 211 Iowa Aven~~e F,O. Box 2531 , -- _-.. _ Mailing Address Line 2: r:. ,. -- - City. io~va C~1y. Zip: y52244-OOtIU Contact Name: Roy 1'e{der - ti, Phone: ;(319) 351-6149 ~x_ _r_-.., Prev Phone: (866) 469-2223 FAX: (515) 281-7375 hops://elicensin;;.iowaabd.com/Applicant.asnx 11/5/2007 ABD Licensing -Ownership Home Contact Us Logoff Help ~ t_icense Search State of Iovra ; ~` License List I Din^Demand Privileges ~ License ~ Applicant Status Of Business Ownership Criminal History ~ Premises x General Premises Applicant Signature ~ Dram Gert ~ Local Endorse History Phone: (866} 469-2223 FAX: (515} 281-7375 Keg Registration Search Page 1 of 1 User Profile Ownership L00023240, The Que, {owa City After completion click on the NEXT link to continue to the next screen, or the B. screen. The navigation links on the top may also be used to move around the applicatic Corporate applicant's, list all shareholders having 10% or more interest in the c of the corporation regardless of ownership interest. Sole Proprietors shall also owns 0% interest. Nan-profit corporations ar associations need to list officers. registered with the Secretary of State office will need a trade name filing from ti Name Address Roy Yetder 521 Melrose Ct, Iowa City, IA, 52246 1 Pos+tion: Date of Birth: `MMIDDIYYYY SS#: 'i % of .._ Ownership: - -- Prev https://eicensing.iowaabd.com/Ownership.aspx 11/5/2007 ABD Licensing -Criminal History Page 1 of 1 y ~ ~ L ~4~ 4 t j t'F ~'; Home State o€ i~ wa a ~ ~~~ `' ~' ~~~ ~~ ~~i `" rt p 1 ~,. ~ COntaCt US ~~{ s, w°°' ~ -... ~~ it ~ ~ r ~ i- i ~ , ~~~ ~ a y~~ ~' ~ ~~~~ .. Logoff ~ ` ~,~~~ ~ ~e ~,a s ~'~_ e ___ _i On-Demand Keg Registration User Profile Help License Search !; License List Reporting Search ~~~._ _~µ~_____,~ t t.___ Privileges Criminal History LC0023240, The Que, Iowa City ~,....~.,. License _._w..__..~ ._.__..___m..~.~.,..~ ~..,..~.__~.~,_.,....~..~.._..~.. ~~-...~.,. Applicant After completion click on the NEXT link to continue to the next screen, or the - - link to return to the previous screen. ~ Status Of Business The navigation links on the top may also be used to move around the applic. :'~ Ownership ~ Criminal History Since this license was fast issued, has anyone tilted in the ~ Premises ownership screen been convicted of a felony offense in la any other state of the United States? If yes, list on the next General Premises (Violations} screen. ~ Applicant Signature ~ Dram Cert o ~ Since the license was last issued, have any of the owners .; in the ownership screen been charged, arrested, indicted, ~ Local Endorse convicted or received a deferred judgment for any violatioi - any state, county, city, federal or foreign law? All informati History shall be reported regardless of the disposition, even if disc or expunged. include pending charges. DO NOT include tr. violations, except those that are alcohol related. If yes, list violations an the next (Violations} screen. ~,3~ If no arrests, indictments, summons or convictions are applicable since the license was last issued, select'NONE' ~~ Prev Phone: (866) 469-2223 Terms c Priva FAX: (515} 281-7375 https://eicensing.iowaabd.com/CriminalHistory.aspx 11/5/2007 ABD Licensing -Premises Information Page 1 of 1 Home State of fov,~~ ;~ `'~ w' ^~~s'~~ ~`'s~ ':nr -~~','' ~.- ., Contact Us ~4~~~ ~~~ ~ r~ ^ ~'~ ~i~a1i '~i~ ,,,~~~r~' ~.' Logoff ~ . ~d " t ~~ ~ ~~ _~ fit f ~r' . ... - __ ~" ~ ~~ ~ ~~~ ~ ~ On-Demand Keg~Registration , ! ( User Profile i Meip License Search ! ~ License List ? 3 deporting Search ~_ _ ;~ ~_ ~ Pr;vi~eges Premises Information L00023240, The Que, log ~ License AfterWcompletion click on„the NEXT link to continue to the next screen, or the B. Applicant return to the previous screen. The navigation links on the top may also be used to move around the applicati< * States Of Business Has the premises configuration changed i'~c~ ~ Ownership since last year? - ~ Criminal History Control of Premises premises: Own General Premises Lease ' Applicant Signature Other `, ;; explain: Dram Cert Premises , o~,~;rs~; ~ Local Endorse type: __ Local ,: ;. History Authority: - --- ~ '' _ _. License `i~~,~ Git~, City Population: 62380 City:.:.:.: License Johnson County Population: 101589 County: Dram ~r ~;_ . ,,,, : sr~'~r~C~ t:ers~~~?rf~: Shop: _ __ '~ Prev Phone: (866} 469-2223 FAX: (515) 281-7375 https://eicensing.iowaabd.com/PremisesInfo.aspx 11/5/2007 ABD Licensing -Applicant Signature ~ Home St~ltt: of IOwB , ~~", r `.~ , -,.: , ~.~ , ~0 ~ Contact Us ~ ~.~ - . ~ ~ ~ ~` ~ ' ~ ~, ~ ~,, ~ r Logoff ~ ,n, .. ~ ~~ e - - - ~; - I i C7n-Demand ~ t Keg Registration ~ Help ~ License Search License List , ~ Re ortin ~ Search ~~___=.L___ ___- ~__ Privileges License Applicant ~ Status Of Business Ownership ~ Griminai History Premises General Premises Applicant Signature Gity '~ Applicant Signature Dram Gert ~ Local Endorse ~ History User Profile Page 1 of 2 L00023240, The Que, lour Complete the information below and click Finish to complete the application Note that the license fees will only be withdrawn from accounts after the ABD approves the license. ___ This application mus# be completed by a person listed in the Ownership ec i~ I hereby declare that afl information captained in the Application is true and correct. 1 understand that misrepresentation of material facts in the Applicatio is a crime and grounds for denial of the license or permit under Iowa law. I further understand that, as a condition of recieving a License, the licensed premise is subject to inspection during business hours by appropriate local, state and federal officials. NOTE: The Applicant's Name must match one of the owner's names from the OwnershpF screen. Applicant's Name: ~'; ` Date: ' MMIDDtYYYY Tentative' , ., . ~~-~ MMlDDIYYYY effective date: You are ready to submit the application for your license to sell alcoholic beverages in the State of Iowa. By providing the following bank information, yc account will be debited $2,028.00 for the payment of the license. Applicant's Bank "~.,~„ .. ; ',~~'3~;~~'~' Name: ,_ _: __ Applicant's Bank Routing. ;~ . , .. . _ ;~. ~,~ x. ~ , ~' -- _ -- _. Number: Repeat Bank.... Routing Number: ~~~ _ ,. Applicant's Bank . _ ~ ~~~~,~~~' < , Account: Repeat Bank Account: Amount to be transferred from$ 2,028.00 your account: Credit cards are not accepted. Your bank information is transferred over a secs connection and is completely confidential. https://eicensing.iowaabd.com/ApplicantSignature.aspx 11/5/2007 ABD Licensing -Dram Shop Certification .. Home S ~ Contact Us Logoff ~ Help License Search License List .L__ i~- Privileges License Applicant Status Of Business ~ Ownership Criminal History Premises General Premises Applicant Signature ~ Dram Cert ~ Local Endorse ~ History Keg Registration Page 1 of 1 Dram Shop Liability Gertificate of Insurance LG0023240, The Que, Iowa City Complete the information below and click SUBMIT to endorse this Renewal apF POLICY INFORMATION Reason far re- submittal: This is toFounders Insurance Company certify: Policy . i it ~.. ., Number: Assured: '`~ v D BA: Address: ~.. ,. ~ .. , ; :.,., ~., Address , Line 2: City: : , State: '.; ~.. Zip. ~, Policy --_ Effective - -,,~ Ci ~ ' MMIDDfYI(YY .__ Date: To: Expiration Date. i~1;`:~C~ ~n~~ . MMtDDiYYYI ~'hru:.. CHECK LISI Outdoor Service Endorsement '~> Policy Information Verified (if incorrect Tease contact the licensee) _...._ The above-mentioned policy of insurance (hereinafter policy) contains coverage to comp y . the provisions of Iowa Code section 123.92 and all regulations of the Iowa Department of Commerce, Alcoholic beverages Division. The policy may be canceled by the Company of the Assured giving 34 days notice in writing ~. Signature: Date. ; ~ CSI - ~ MM/DDIYYYY Phone: {866) 469-2223 FAX: {515) 281-7375 https://eicensing.iowaabd.com/DramShopCert. aspx Terms c Priva 11/5/2007 CITY OF IOWA CITY ADDENDUM TO STATE MASTER APPLICATION FOR NE~V RETAIL LIQUOR LICENSE, WINE, OR BEER PERMIT City of Iowa City City Clerk 410 E. Washington St. Iowa City, Iowa 52240 ADDENDUM Instructions: This City of Iowa City Addendum must be .completed in addition to the State Master Application for New and Renewal of Retail Liquor License, Wine or Beer Permit and Addendum specific to the type of license/permit for which you are applying. Answer all questions even if you believe the requested information is not important, does not apply to you, or may be repetitive: Applications will not be processed unless all applicable questions are fully answered. 1. List below all persons having any management interest relating to alcohol sales at this establishment. Also list persons with ownership interest in the establishment. Name Home Address {include City, State & Zip) Position Date of Birth (Describe interest or res onsibilities M D Y ~~ .~ /~e/~- r 2. With respect to the Applicant and any person identified in this Addendum or the State Master Application as having any financial interest or control, or any management interest, state whether you ever had a liquor license or permit suspended or revoked, or had an administrative or civil penalty imposed relating to a liquor license or permit in Iowa. If yes, give the name and complete address of the establishment, date or dates of each incident, and a detailed summary ex lainin the incident and the enalty im osed. Attach an additional sheet, if necessa Name Date of Incident Charge Disposition or Penal Location or Address of Establishment APPLICANT I hereby dec that all info at' n contained in this Addendum is true and cor/r~ect. x ~' ~ ~ '" App icant's re ate ___._-- State of --.--~-~, ~.~ c~ i- County of ~~ L? (~~ ~ .~.~~ ; •'1 Signed and sworn to before me on ~ ~ - ( `L.~:~'~ ~ by ~~~~~--Y.'~ r~~C ate Print Name of Applicant ~.~ - _i ~ r~F Signature of Notary '' ~''~&~ y commission expires: `~ a~ylmemos/liquor license addendum 1-8-0l.doc ALCOHOLIC BEVERAGES DIVISION State of Iowa Thomas J. Vilsack Govemor of Iowa Sally J. Pederson Lieutenant Govemor Lynn M. Walding Administrator IN RE: Yelder Enterprises, Inc. d/b/a The Que 211 Iowa Avenue, PO Box 2531 Iowa City, Iowa 52244 Liquor License No. LC-23240 r.~ o n --<,. Docket No. D-2005-0014 =; ~ --~ ~~' ~~ IV ----- O R D E R ~ ~a ~. ~~ ~~ ~ This Order requires the Licensee, Yelder Enterprises, Inc.,. d/b/a The Que, to day to the Iowa Alcoholic Beverages Division a civil penalty of one thousand five hundred dollars ($1,5~ 00.00), and serve a thirty (30) day suspension, subject to the appeal rights stated below. This Order is issued pursuant to Iowa Code § 123.50(3) which mandates that the Administrator of the Iowa Alcoholic Beverages Division must assess specified civil penalties upon licensees or permittees who, either themselves or through their agents, or employees, have been found in violation of Iowa Code § 123.49(2)(h) (underage sales). STATEMENT OF FACTS 1. Yelder Enterprises, Inc., d/b/a The Que, 211 Iowa Avenue, PO Box 2531, Indianola, Iowa, (Licensee) possesses liquor license number LC-23240, and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division ("Division"). 2. On July 27, 2005, in criminal case number STIC107345 in Magistrate's Court for Johnson County, Iowa, the defendant, Amber N. Lowe, pled guilty to, or was found guilty of, violating Iowa Code § 123.49(2)(h) by selling, giving or otherwise supplying an alcoholic beverage or beer to a person knowing or failing to exercise reasonable care to ascertain whether the person was under legal age. The offense occurred on or about April 28, 2005, in the above- captioned licensed establishment, Iowa City, Iowa. 3. The Defendant, in criminal case number STIC 107345, was an employee of the above- captioned Licensee on April 28, 2005. 4. The Defendant, in criminal case number STIC107345, was adjudged guilty of violating Iowa Code § 123.49(2)(h) and was fined five hundred dollars ($500.00) plus court costs and a surcharge. See Attached Exhibit A. 5. Records maintained by the Division indicate that the above-captioned Licensee, or an agent or employee of the Licensee was previously found to have violated Iowa Code § 123.49(2)(h) on [September 6, 2003]. See Attached Exhibit B. Thus the violation found in criminal case number STIC107345 is the second violation of Iowa Code § 123.49(2)(h) found A Division of the Departmenf of Commerce 1918 SE Hulsizer Road Ankeny, Iowa 50021-3941 IPH 515.281.7400 FAX 515.281.7385 TOLL FREE 866.IowaABD WWW.IowaABD.com against the above-captioned Licensee, its agents or employees within a period of two years preceding the date of the pending violation. CONCLUSIONS OF LAW 6. If a licensee or an employee of that licensee is found in violation of Iowa Code § 123.49(2)(h), the Division shall assess a mandatory civil penalty against the licensee. See Iowa Code § 123.50. Upon a second violation of § 123.49(2)(h) within a period of two years, the Division shall assess a thirty (30) day suspension of the liquor license and a civil penalty in the amount of one thousand five hundred dollars against the violating licensee. See Iowa Code § 123.50(3)(b). 7. The Licensee is subject to the mandatory civil penalty and license suspension provisions of Iowa Code § 123.50(3) because the Licensee, or an employee of the Licensee, was found in violation of Iowa Code § 123.49(2)(h). ORDER 8. Pursuant to Iowa Code § 123.50(3), a thirty (30~day suspension, of the above- mentioned liquor license and a one thousand five hundred dollar ($lr____500._.00) civil enalty is hereby assessed against Yelder Entrprises, Inc., d/b/a The Que, Iowa City, Iowa. The suspension shall co ce on Sunda , Janu_ 8, 2006 at 6.00 Al1~nd end on Tuesday, February 7, 2006, at 6:00 ABM e civi .penalty shall be paid to the "Iowa Alcoholic Beverages .Division,".1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than December 21, 2005. 9. Absent a timely appeal of this Order, failure to pay the assessed civil penalty by the required date could be grounds for further suspension of the Licensee's liquor license. APPEAL 10. Pursuant to Iowa Code § 17A.18 and 185 Iowa Administrative Code § 10.27, the Licensee may file a written Notice of Appeal with the Iowa Alcoholic Beverages Division within 30 days after issuance of this Order. The written Notice of Appeal should be sent to the Administrator of the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, and must identify the specific portion or portions of this Order being appealed and include a short plain statement of the reasons for appeal. See 185 lAC 10.27(3). Upon receipt of a timely Notice of Appeal, the Division will stay all sanctions imposed by this Order and commence a contested case hearing pursuant to Iowa Code chapter 17A and 185 Iowa Administrative Code chapter 10. 11. This order shall become the the Licensee does not file an appeal within DATED this 21St day of November, order of the Iowa Alcoholic time frame provided. „ at Ankeny, Iowa. ALCO Division if .~ GE DIVISI~ ~J ;-~ ~~ ~;:~,, ,` ,~ ~ ~ ~ ~!; ~ ~j ~ ~~~ _~~s ~C~~ ~~f ~~~ ~~ ~~~ ~~ r IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA CITY, IA 52240 (319) 356-5275 FAX # (319) 356-5449 "An Accredited Police Department" August 23, 2006 Yelder Enterprises, DBA The Que 211 Iowa Avenue, F Iowa City, IA 52244 Inc. O. Box 2531 Dear Owner: ~~A~ Effective June 27th, 2006 the City Council for Iowa City approved guidelines from the Police Chief for the issuing of initial and renewal liquor licenses and on July 24, 2006 an ordinance went in to effect which changed several sections of the liquor ordinance. It is our intent that liquor establishments voluntarily comply with the liquor laws; however, liquor licensees that have a documented history of non-compliance with the State and local liquor laws will have difficulty obtaining a license renewal. Previously I wrote every Iowa City liquor establishment and explained that there will be a warning period before a license is refused by the Police Department based on the new criteria. This warning period only pertains to the new criteria for issuing renewal liquor licenses. We will still forward the results of our enforcement to the Iowa Alcoholic Beverages Division and the City Council for Iowa City. Your establishment was inspected on August 18, 2006 and the following law violations occurred: Sales to Minor (Iowa Code 123.49 (2h)). We ask that you remind your employees that their actions will have an effect on your liquor license, and ultimately business, if there are continued law violations. Your assistance in this matter is very much appreciated. Sincere , { G~cti-mil S m Ha i Chief of Po ice Distribution: Mr. Roy Yelder IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA CITY, IA 52240 (319) 356-5275 FAX # (319) 356=5449 "An Accredited Police Department" September 12, 2006 Yelder Enterprises, Inc. DBA The Que 211 Iowa Avenue, P. O. Box 2531 Iowa City, IA 52244 Dear Owner: ~o~~ Effective June 27th, 2006 the City Council .for Iowa City approved guidelines from the Police Chief for the issuing of initial and renewal liquor licenses and on July 24, 2006 an ordinance went in to effect which changed several sections of the liquor ordinance. It is our intent that liquor establishments voluntarily comply .with the liquor laws; however, liquor licensees that have a documented history of non-compliance with the State and local liquor laws will have difficulty obtaining a license renewal. Previously I wrote every Iowa City liquor establishment and explained that there will be a warning period before a license is refused by the Police Department based on the new criteria. This warningperiod only pertains to the new criteria for issuing. renewal liquor licenses. We will still forward the results of our enforcement to the Iowa Alcoholic Beverages Division and the City Council for Iowa City. Your establishment was inspected on September 7-8, 2006 and the following law violations occurred: Sales to Minor (Iowa Code 123.49 (2h)). We ask that you remind your employees that their actions will have an effect on your liquor license, and ultimately business, if there are continued law violations. Your assistance in this matter is very much appreciated. Sincerely, m arga i Chief of Police Distribution: 1~ Roy Yelder ALCOHOLIC BEVERAGES DIVISION Stale of log^ra November 5, 2007 Roy Yelder Yelder Enterprises, Inc. P. O. Box 2531 Iowa City, Iowa 52244 RE: Local Ordinance Violation Dear Mr. Yelder: Chester J. Culver Governor of Iowa Patty Judge Lieutenant Governor Lynn M. Walding Administrator The Iowa Alcoholic Beverages Division has been made aware that The Que Bar may have violated Iowa City Ordinance 4-5-7, by the action of a bartender to "dispense, pour or otherwise serve any alcoholic liquor, wine, or beer directly into a person's mouth." A violation of a local ordinance constitutes criminal activity on the licensed premises and may result in the imposition of a civil penalty, or the suspension or revocation of the liquor license. Moreover, the local authority and the Division may consider local ordinance violations at renewal time in determining whether Yelder Enterprises, Inc., and the officers, directors and shareholders of the corporation meet the standards of "good moral character." Sincerely, Judy K. Seib Regulation & Special Projects 515.281.7414 Copies to: Marion Karr, Iowa City City Clerk Iowa City Eric R. Goers, Assistant Attorney John Lundquist, Assistant Attorney General Angela Reams, Stepping Up Project Jim Clayton, Stepping Up Project :t t ~- f ~~. ~~ A Division of the Department of Commerce 1918 SE Hulsizer Road Ankeny, Iowa 50021-3941 IPH 515.281.7400 FAX 515.281.7385 TOLL FREE 866.IowaABD WWW.IowaABD.com _,! r - ~ ~.~ CITY OF IOWA CITY October 25, 2007 ~ ~~ COPY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www. icgov.org Roy Yelder Yelder Enterprises, Inc. 211 Iowa Avenue P.O. Box 2531 Iowa City, IA 52244-2531 Re: The Que Bar Dear Mr. Yelder: A picture that appeared in the Booze News was brought to my attention, because it appears to show a violation of Iowa City Ordinance 4-5-7: Limitations on Sales. Please find enclosed a copy of the photo from the newspaper, which appears to show "Krissy", described as a bartender at the Que Bar, dispensing what appears to be an alcoholic beverage directly into the mouth of a patron. As you are probably aware, this is a violation of Iowa City Ordinance 4-5- 7A(6). Please find enclosed a highlighted copy of the ordinance for your review. Please take whatever steps are necessary to ensure your staff does not violate the City's ordinances on alcohol sales. Should you have any questions regarding this matter, please do not hesitate to call. Sincerely, Eric R. Goers Assistant City Attorney cc: Sam Hargadine, Iowa City Chief of Police w/o enclosures Matt Johnson, Iowa City Police Captain w/o enclosures Troy Kelsay, Iowa City Police Sergeant w/o enclosures Eleanor Dilkes, City Attorney w/enclosures eriGltrs/yelderl0-25-07.doc :.. ~< ,~ ~, } = ,~= ~ w :- P ~'~~ Q $cnr ;:, Halloween Weekend! YEAR: 5th yearseniorHOMETOWN: Honolulu, Hawaii S by Michael Jackson. Whenever it comes on, the Flava-Flav 1 up and dances. LEAST FAVORITE SONG: Closer by NIN. Twogirlsgetting freaky in the bathroom. Or, transvestite jukebox so that he~she could hear Boyz II Men. Again and "Keep the puke in your mouth and we're cool." FAVORITE ; FANTASY HOOKUP: Bret Favr~e WUSSIEST DRINK A Gl Smirnoff Ice and a Newcastle for him and his girlfrien Drink Walter's Love Child Kahlua Cream Raspberry vodka. __ Shot_ ................................ . Jamaican 10-spec Midori Malibu Pineapple juice Cream. You Drink Like This! This game is meant to be played your entire Halloween weekend, whether you are at home, at the bars, or roaming the streets. Number of Players 2+ What You Need Each player must have a beer or a mixed drink Intoxication Level Addams Family Drunk (AFD) HOW TO PLAY Take a sip when... Someone says "trick or treat" You eat a piece of candy You see someone wearing a mask You see a pumpkin Take a chug when... You see an outfit requiring two or more people Aguy is dressed as a shitty something You have no idea what someone's outfit is You break/throw a pumpkin Take a gulp when... A girl is dresses as a shitty sornethiny Someone stole your idea You see someone with face paint You want to punch someone Finish your drink when... You see a guy dressed in drag There is a horror movie on TV Someone legitimately scares you You see a Jamaican Bobsled team Length . .,.. ~' Erro w~, v ~:~~ 4-5-7: LIMITATIONS ON SALES: 4-5-7: LIMITATIONS ON SALES: Page 1 of 1 A.Unlawful: It shall be unlawful for a holder of a liquor control license, or wine permit or beer permit, or its employees or agents, to do any of the following: 1. Sell, offer to sell, dispense or serve for on premises consumption, two (2) or more servings of any alcoholic liquor, wine, or beer to any one person for the price of one such drink. 2. Sell, offer to sell, dispense or serve for on premises consumption an unlimited number of servings of alcoholic liquor, wine, or beer for a fixed price or an unlimited number of servings for free. 3. Increase the volume of alcoholic liquor contained in a drink, for on premises consumption, without proportionally increasing the price charged for such drink. 4. Dispense or serve for on premises consumption, more than two (2) containers of any alcoholic liquor, wine, or beer at any one time to any one person. For purposes of this section a "container" is a receptacle, such as a glass or a cup, that holds a substance or substances. 5. Encourage or permit any game or contest or tournament of any kind which involves drinking any alcoholic liquor, wine, or beer or the awarding of alcoholic liquor, wine, or beer as a prize. 6. Dispense, pour, or otherwise serve any alcoholic liquor, wine, or beer directly into a person's mouth. B.Exceptions: Nothing in subsection A of this section shall be construed to prohibit a holder of a liquor control license, or wine, or beer permit, or its employees or agents, from including servings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package which includes overnight accommodations. (Ord. 03-4061, 2-4-2003) httn~//tiF. ~ 13.195.234/IA/Iowa%20City/07005000000007000.htm 10/25/2007 16 Prepared by: Eleanor M. Diikes, City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO.~~ 6 RESOLUTION APPROVING THE POLICE CHIEF'S GUIDELINES FOR DETERMINING WHETHER APPLICANTS FOR INITIAL AND RENEWAL LIQUOR LICENSES, BEER PERMITS AND W1NE PERMITS ARE OF "GOOD MORAL CHARACTER". WHEREAS, section 123.32 of the Code of Iowa provides that a local authority, such. as the City, shall approve or disapprove applications for liquor licenses, beer permits and wine permits based, in part, on whether the applicant is of "goad moral character' ; WHEREAS, section 4-2-3 of the City Code requires that the Chief of Police determine if the applicant is of "good moral character;" WHEREAS, the Chief of Police, in collaboration with the City Clerk and the City Attorney, has developed a written policy for applications and renewals that includes criteria to determine good moral character; and WHEREAS, it is in the public interest to approve said po{icy as set forth in the attached Iowa City Police Department Memo from the Chief of Police dated April 24, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Iowa City Police Department Memo from the Chief of Police dated April 24, 2006, a copy of which is attached, is approved. Passed and approved this 27th day of Jude 006. MAYOR A r ved by: ATTEST: ~9~~ '-1 ~ r~~ CITY LERK City Attorney's Office Resolution No. Page ~_ It was moved by Bailey and seconded by Correia the Resolution be adopted, and upon roil call there were: AYES: NAYS: ABSENT: ~_ Bailey T~_ Champion x Correia x Elliott _~ O'Donne{I ,~_ Vanderhoef X Wilburn DEPARTMENT MEMO TO: Mr. Steve Atkins FROM: Chief Sam Hargadirte RE: Liquor License Applications DATE: April 24, 2006 In collaboration with the City Attorney's Office and the City Clerk's office the following policy has been developed to govern review of applications for liquor licenses, beer permits, wine permits and renewals by the Iowa City Police Department. I. PROCEDURE Prior to presentation of an application for a liquor license, beer permit or wine permit, or renewal of any of those to the City Council the Chief of Police or his or her designee will make an investigation to determine if the applicant is of "good moral character" as that term is defined in the State Code and rules of the Iowa Alcoholic Beverages Division. With respect to renewal applications any investigation will include any relevant information about prior operations under the license or permit. Following such investigation the Chief or his designee will either approve or disapprove the application. Any disapproval will be in writing and will set forth the reasons for the disapproval. The investigation and, if applicable, the memo setting forth the reasons for disapproval, will be completed within 5 working days of the Chief's receipt of the application. In addition to a review of the application the Police Chief or his designee will perform a records check on the es#ablishment's history and will review the DCI (Division of Criminal Investigation) criminal history reports provided by the applicant on each person with an ownership or management interest in the establishment. The following factors assume the establishment has been under continual ownership. FACTORS TO CONSIDER. In determining whether an applicant is of good moral character the factors to be considered by the Chief of Police or designee will include, but are not limited to, the following: Sales of alcoholic beverages to persons under the legal age by the licensee or permittee or its employees or agents. Multiple occurrences will be considered as grounds for non-renewal. • Sales of alcoholic beverages to intoxicated persons by the licensee or permitee, or its employees or agents. Multiple occurrences will be considered as grounds for non-renewal. • Misrepresentation or withholding of any material fact in the license application or city addendums including, but not limited to the failure to identify management/supervisorystoff and provide #heir DCf criminal histories. Prior felony convictions of all persons with an ownership or management interest in the applicant will be reviewed. Per state code, a person with an ownership interest in the applicant, as defined by state code, may not have been convicted of a felony and the same rule should apply to those with a management interest. However, if the felony conviction occurred more than 5 years before the date of the application and the person's rights of citizenship have been restored by the governor, the Police Chief or designee may, after considering the nature of the crime and the person's history after the conviction, make a determination that the person is of good moral character notwithstanding the conviction. Prior misdemeanor convictions of all persons. with an ownership interest or a management interest in the applicant will be reviewed, particularly those relating to use of alcohol or illegal substances, including operating a motor vehicle while under the influence of alcohol or drugs. The mere presence of a conviction would not exclude a person from a license or renewal; however, if there was evidence that alcohol was a factor in this conviction it would be grounds for denial. The length of time since the conviction will be considered. Misdemeanor convictions older than five years will not be considered. • Conditions imposed by a Court on a person with an ownership or management interest in the applicant relating to use of alcoholic beverages and/or presence in establishments that serve alcoholic beverages. • Any refusal, failure or neglect by a licensee, permittee or its employees or agents to cooperate with any law enforcement officer in the performance of the officer's duties, including, but not limited to, inspections of the establishment. • Reports of law enforcement officers of incidents within or adjacent to the establishment, such as fighting, altercations and disorderly conduct, which suggest that the applicant does not have measures in place to adequately control the premises. Over-occupancy • A pattern of convictions of persons within the establishment for PAULA (Possession of Alcohol Under Legal Age) and/or the local law prohibiting persons under 19 from being in licensed establishments, which suggest that the licensee or permittee does not have measures in place to adequately control access of persons under legal age to alcohol. The Police Chief or Designee shall review the establishment's rate of PAULAs per visit. A rate of 1.5 PAULAs per visit may be grounds for disapproval of the application. (See Attached) • Violation of any law or regulation which jeopardizes the health, safety or welfare of patrons of the establishment. Corrective action taken by the licensee /permittee in response to warnings by the Police Department. Throughout the license year when violations come to light or the police department makes sales to minor cases, PAULA arrests or any liquor law citation warning letters will be sent to the licensee or permittee. Copies of these letters will be retained by the police department and will be considered in determining whether to approve or disapprove the application. • In the event a person with an ownership interest or management interest in the applicant has previously had an ownership or management interest in another establishment, relevant operation at that establishment, including the above factors, may be considered. ALCOHOLIC BEVERAGES DIVISION State of lod°aa November 6, 2007 Roy Yelder Yelder Enterprises, Inc. d/b/a The Que 211 Iowa Avenue, PO Box 2531 Iowa City, Iowa 52244 Dear Mr Yelder, Chester J. Culver Governor of Iowa Patty Judge Lieutenant Governor Lynn M. Walding Administrator ~~ -, _ .~ --; ~:-> Re: Denied Liquor License No. LC-23240 On November 6, 2007, the Iowa Alcoholic Beverages Division received your application for renewal of a class "C" liquor license, which was denied by the Iowa City City Council. You may appeal the Iowa City City Council's denial of your application by filing a written Notice of Appeal with the Iowa Alcoholic Beverages Division. The Notice of Appeal must be received by Debra J. Harlan, Administrator of Hearings, Alcoholic Beverages Division, 1918 SE Hulsizer, Ankeny, Iowa 50021, within thirty days from your receipt of this letter. If you file a Notice of Appeal, an administrative hearing will be scheduled as soon as possible. If a Notice of Appeal is filed, you may continue to sell liquor, beer, wine, and other alcoholic beverages in and on the premises known as The Que, located at 211 Iowa Avenue, PO Box 2531, in Iowa City, Iowa, until such time that the Administrator's designee hears the matters and issues a written decision. Please note, as a condition to this "timely filing" status, the Division has deposited your online payment in the amount of $2,028.00 and has retained the renewal license application and dram shop liability certificate of insurance. A Division of the Department of Commerce 1918 SE Hulsizer Road Ankeny, Iowa 50021-3941 PH 515.281.7400 FAX 515.281.7375 TOLL FREE 866.IowaABD WWW.IowaABD.com If you do not file a Notice of Appeal, all selling of liquor, beer, wine, and other alcoholic beverages, must cease on the thirty-first day from your receipt of this letter. You may apply for refund of the unused quarters of the license fee at that time. Please feel free to contact me at 515.281.7426 with any questions. The Division's office hours are from 8:00 AM to 4:30 PM, Monday through Friday. Very truly yours, Debra J. Harlan Administrator of Hearings Copies to: John Lundquist Assistant Attorney General Department of Justice Hoover State Office Building Des Moines, Iowa 50319 Lt. David Eick ISP, District #10 15239 35th Street Oelwein, Iowa 50662-9446 Chief R J Winkelhake Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Marion Karr City Clerk -City Hall 410 E. Washington Street Iowa City, Iowa 52240 John Henry Ellison Chief Investigator 2323 Grand Avenue Des Moines, Iowa 50312 Sherry Hopkins Social Gaming Unit Lucas State Office Bldg. Des Moines, Iowa 50319 Gayle Collins Commissioner Iowa Alcoholic Beverages Division 1918 SE Hulsizer Ankeny, Iowa 50021 Karen Freund Iowa Alcoholic Beverages Division 1918 SE Hulsizer Ankeny, Iowa 50021 ~'J r yr..• .. ~~ r'~ ~III~ + w11a°r~~ CITY OF IOWA CITY November 6, 2007 Mr. Roy Yelder c/o The Que Bar 211 Iowa Avenue Iowa City, Iowa 52245 Re: The Que Bar -City Council denial of license renewal Dear Mr. Yelder: City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www.icgov.org As you know, on November 5, 2007, the City Council denied your application to renew the liquor license for the Que based on the recommendation of the police chief as set forth in his letter to you of October 29, 2007. The City has notified the State Alcoholic Beverages Division (ABD) that the Council has denied the renewal. The ABD has today sent you a letter notifying you that you may appeal the disapproval of your application for a license to the Administrator of the ABD by filing a Notice of Appeal with the ABD within thirty days from your receipt of the letter from the ABD. You should review the ABD's letter carefully and govern yourself accordingly. Ve truly yours, ~. Eleanor M. Dilkes City Attorney cc: Marian Karr, City Clerk Iowa City City Council Eric Goers, Assistant City Attorney Dean Keegan, Attorney Slatt/legal/Eleanor/letters/yelder11-6-07.doc r ~~~~~ ~~~~~ -~c.ai_ CITY OF IOWA CITY November 6, 2007 Mr. Roy Yelder 521 Melrose Court Iowa City, Iowa 52246 Re: The Que Bar -City Council denial of license renewal Dear Mr. Yelder: City Attorney's Office 410 East Washington Street Iowa City, Iowa 5 2 2 40-1 826 (319) 356-5030 (319) 356-5008 FAX www. icgov.org As you know, on November 5, 2007, the City Council denied your application to renew the liquor license for the Que based on the recommendation of the police chief as set forth in his letter to you of October 29, 2007. The City has notified the State Alcoholic Beverages Division (ABD) that the Council has denied the renewal. The ABD has today sent you a letter notifying you that you may appeal the disapproval of your application for a license to the Administrator of the ABD by filing a Notice of Appeal with the ABD within thirty days from your receipt of the letter from the ABD. You should review the ABD's letter carefully and govern yourself accordingly. Ver truly yours, ~' Eleanor M. Dilkes City Attorney cc: Marian Karr, City Clerk Iowa City City Council Eric Goers, Assistant City Attorney Dean Keegan, Attorney S/att/legal/Eleanor/letters/yelde r11-6-07.doc ~ r ..~, ~- -~ --t.at._ CITY OF IOWA CITY November 6, 2007 Mr. Roy Yelder P.O. Box 2531 Iowa City, Iowa 52244-2531 Re: The Que Bar -City Council denial of license renewal Dear Mr. Yelder: City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www. icgov.org As you know, on November 5, 2007, the City Council denied your application to renew the liquor license for the Que based on the recommendation of the police chief as set forth in his letter to you of October 29, 2007. The City has notified the State Alcoholic Beverages Division (ABD) that the Council has denied the renewal. The ABD has today sent you a letter notifying you that you may appeal the disapproval of your application for a license to the Administrator of the ABD by filing a Notice of Appeal with the ABD within thirty days from your receipt of the letter from the ABD. You should review the ABD's letter carefully and govern yourself accordingly. Ve truly yours, . /~~-- Eleanor M. Dilkes City Attorney cc: Marian Karr, City Clerk Iowa City City Council Eric Goers, Assistant City Attorney Dean Keegan, Attorney S/att/legal/Eleanor/letters/yelder11-6-07.doc