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ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED
Hayek: And I'm going to include with this, um ... uh... uh, a request ... or a deferral of Item
2f(10) until the September 1St meeting. Uh, we just learned a few minutes before
the ... the meeting tonight, uh, that there is a party interested in talking to staff
about Item 2f(10), which is a parking meter, um...
(female): Parking meter issue.
Hayek: ...parking meter issue, and staff wants a chance to meet with the affected, uh,
parties and they're fine with deferral of this for a couple of weeks, so...
Payne: Move approval of (both talking)
Botchway: Second.
Hayek: Okay, moved by Payne, seconded by Botchway. Discussion?
Throgmorton: Yeah, Matt, I'd like to note, uh, that Item 2e(5) involves setting a September 0
public hearing for, uh, rezoning, uh... of 14 -acres in Cole's Community Mobile
Home Park. It involves 38 manufactured housing units or space for them. Just
observing that we're scheduling that.
Hayek: Any further discussion? Roll call, please. Passes 7-0 and again, Item 2f(10), uh,
will be taken up in ... at our next meeting.
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ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA)
Hayek: This is the opportunity at each City Council meeting for members of the audience
to address the Council on items that are not on the agenda. So if there is
something that is not on tonight's agenda that you would like to bring to our
attention, we invite you to come forward and our standard practice is to ask you to
sign in, to verbally give us your name, and to keep your comments to five minutes
or less!
Gravitt: My name is Mary Gravitt and I'll try to keep my comments as fast as I can. I'm
still here about the bus shelters on the outbound Towncrest, because there's no bus
shelter. The closest shelter is Old Capitol Mall. So we have no shelter on the
outbound. And a bus shelter for Gilbert and Kirkwood Street. People come down
from the ... the, uh, Crisis Center, or wherever they comin' from, and they have to
sit on the grass, waiting for a bus. There's two buses that go that way. The
Lakeside is going straight and the Broadway is makin' the curve, and it's not fair
to make the citizens sit out there on the grass. Even if you can't give 'em a bus
shelter, you can give 'em a bench! And I want to talk about those curb cuts that
are missing on old, uh, Muscatine Road. All the curb cuts are on one side of the
street, and so that the side where Kirkwood Community College comes,
is ... located rather, has no curb cuts. The bus was moved from its original stop,
where it had curb cuts, so that when you get on the new bus stop, you gotta ri...
walk a block and a half. So, or ride if you're in your wheelchair. So in other
words, you're getting off the bus. You cannot cross the street, and it's at a
dangerous spot. The traffic lights are down the street, by MidAmerica. There's a
road that comes in. So if you're trying to cross the street, it's worse than First
Avenue and Muscatine! So the curb cuts ... I thought the curb cut situation was
settled when the Justice Department came here. Now, if you're not gonna, you
know, do what they say you ... to do, that's on you! And I'm talkin'...and I want to
talk about some criminal behavior on the bus. Now I believe black lives matter
because I'm black myself, but you can't have criminal behavior hidin' behind a
slogan. I was on the bus on August the P and this woman and this man held the
conversation on that bus about their sex life on the Greyhound. I thought it was
very inappropriate. I sat there, I didn't say anything because I thought it was up to
the bus driver to say anything, but he's hard of hearing anyway — the black guy
who was driving that bus. The previous Thursday, one of my friends came, made
a special trip to tell me, like I'm their political representative, what happened on
the previous Thursday. These boys got on the bus, and then they ... when they're
getting to their stop, they want to pass for the Broadway. There's no Broadway
bus runnin' in Towncrest! Then they ... one rips out a camera and the other ones
proceeded... proceeded to make all this noise and made the driver nervous, and she
was very concerned about it. And, uh ... something has to be done. That tape has
to be played more. We just can't have that, and um ... then the final thing I want to
talk about is ... police ... police must have cameras and every police person must
know police procedures, so we can avoid that incident they had in Texas. The
policeman end up getting fired because he didn't follow procedures, and then
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the ... we need cameras! We need cameras with the policemen. We need cameras
with the car. And we gotta remember, Eric Shaw was not black, but that
policeman didn't follow procedures. He's creeping up the steps. If he thought
Eric Shaw was armed, he should have called for backup. So, and I'm still
concerned about a permanent, full-time maintenance person at the Library, unless
you can afford more accidents there. So far my bill has come to over $5,000 for
trippin' in the Library. As far as I'm concerned, the Library is the most unsafe
building. It serves more people than this building does. When you get a million
hits, you got a lot of people in there! And that bathroom on the second floor, I
swear one day all those stalls are gonna fall on somebody. (mumbled) some clips
at the bottom. Don't just tighten it up at the top! Thank you very much!
Hayek: Thank you! Appreciate your comments.
Adams: Uh, good evening. Uh, my name is Adel Adams. Uh, American Taxi. I live here
in Iowa City for 18 years. And I created this company, and it was, uh, top
company here in Iowa City. And last year ... I think I mentioned this before but I'm
going to repeat it. (mumbled) my company because I did ... I missed my hearing.
They send the letter for the hearing to wrong address. Definitely I will not ... I
didn't come to the hearing, cause I didn't receive the letter. So they (mumbled)
the company for five days, the busiest days in the winter time. So I went to the
City Attorney in her office and I said, uh, this is a wrong decision because one of
the driver (mumbled) one of the contractor, he forgot to bring the (mumbled)
plastic thing, so (mumbled) five other drivers, and she said to me I can't help you,
you can go look for attorney. So after five days the ... I call couple of places and
they return my license, but on this five days I lost ... since I have like five
contractors, I lost like $20,000. That's why issue my (mumbled) is my problem to
the City Council after I followed the other steps, but unfortunately, the City
Council also, they didn't treat me fairly, like other people. They come sit here and
(mumbled) discuss their matter, so they send me letter with something I didn't
(mumbled) and last week, or two weeks ago, I received letter from the City
Manager also. (mumbled) negative letters they said (mumbled) this matter. So
I'm ready to answer any question if somebody ask me why ... I deserve this
compensation. I ... I give, uh (mumbled) like seven papers and I hope everybody
has one. Just to read it, if...I didn't deserve it, I will accept any decision, but I
hope everybody received this letters. I drop by the other letter the other name of
the police because (mumbled) good police. I cooperate with them and they do
their job very good in this city, and they deserve even immunity for any job
they're doing in this city. (mumbled) they did good job and they keep doing good
job in this city. So despite I get (mumbled) sexual assault problem, but I drop that
issue and still I'm looking for compensation to raise my company again, now in
the bottom (mumbled) my company to be in the top again. If I get this money,
I'm going to buy, uh... like (mumbled) want to do like a GPS. I want to make it
advance company, but without this compensation I deserve it, I still gonna be on
the bottom company. And I made this company (mumbled) in the future when
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they grow up, at least when they go to college, they can have something to
(mumbled), not just depend on (mumbled). Thank you.
Hayek: Thank you, sir. You ... you've been before us several times and I know that our
staff has gotten back to you several times. Um, and you dropped off this
information that we're taking a look at now for the first time. I ... I will make sure
I ... I will get back to you. I'll look into what has been done to date and ensure that
you receive, um, a ... a response to this.
Adams: That's why I love this place and I love to come here and it was delicate for
(mumbled) and still delicate for two terms for Barack Obama and I ... I need
somebody to communicate with me. We have big community, but I want to trust
people and I want people to meet me just by, uh, other people (mumbled) That's
it. Thank you.
Hayek: Anyone else under Community Comment?
Karr: Motion to accept correspondence.
Botchway: So moved.
Payne: Second.
Hayek: Moved by Botchway, seconded by Payne. Discussion? All those in favor say
aye. Opposed say nay. Motion carries. Unless there's anyone else under
Community Comment, I ... ma'am?
Beadleston: Hi, my name's Joy Beadleston and I just wanted to comment on, um, what Mary
said about the shelters and the curb cuts. I think it's really important that the City
reach out to the citizens of Iowa City that have disabilities, especially, um, those
kind of -conveniences. When there's a shelter and curb cuts is really, really
helpful to people with disabilities and I think one of the issues is that sometimes
we reach out to people in agencies, but a lot of those people don't ride the bus and
so ... we really need to look at reaching out and having forums for people that
service the bus the most and also people that are affected by those issues the most,
and this is Iowa (laughs) We have very fluctuating weather, um, our weather
happens to be sometimes extremely cold and something like a shelter is so
tremendously helpful when the weather's, um, in a bad way (laughs) so especially
cold, freezing cold and icy. A lot of students too, um, when you're coming into
campus, there'd be like maybe 25 students just standing out there and some people
think, well, they're young and resilient but ... uh, I go to school with a lot of 'ern
and um, they get sick just like everybody else from standing out in severe
weather. Uh, we could maybe look at some, uh, moving some shelters that aren't
being utilized as much and um.. just want to support Mary cause I think she
probably deserves many awards (laughs) for her, um, activism and also, um, I
wanted to say thank you again, um, the ADA celebration on July 25a` went really
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well, except for the heat was extreme (laughs) and um ... but, uh, HyVee brought
us flowers and the caroling cart that's used for people with disabilities, and
urn ... and the Bread Garden gave a certificate for our guest speaker Tara to enjoy a
lunch. Um, she really, uh, was a gift for us. She didn't charge us and ... and
everything, but you did give us a grant. So I want to thank everyone, um ... you
know, on the City Council and the people that approve those grants and uh,
especially Simon (laughs) Andrew. He was a really great, um, support for that
event, and I did get a feedback from a person with disabilities on, um, a Facebook
page I have, and said it was the best celebration for the ADA that he'd ever gone
to and he'd gone to 'em all, so that was really, um, a rewarding comment (laughs)
after a ... we put in, the Committee, a lot of work and a lot of time, and urn ... the
people in the community that have disabilities have great value and I think we
need to do more to support them (laughs) and our celebration should always be
something grand and spectacular, even more so every year cause, uh, it is a really
important event. Thank you.
Hayek: Thank you! Anyone else? Okay, we will move on to Item 4, Planning and
Zoning Matters.
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ITEM 4. PLANNING AND ZONING MATTERS
ITEM 4a. REZONING at 705 & 709 S. CLINTON — CONDITIONALLY
REZONING 0.41 ACRES OF LAND LOCATED AT 705 and 709 S.
CLINTON STREET FROM INTENSIVE COMMERCIAL (CI -1) ZONE
TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX)
ZONE (REZ15-00008)
1. PUBLIC HEARING
Hayek: This is a public hearing. The hearing is open. (bangs gavel) Any ex parte
communications before we turn it over to staff? Okay! Karen!
Howard: Um, we have not received a ... a signed Conditional Zoning Agreement at this point
and last time we had talked about the need to defer this item indefinitely if that's
the case, um, while the applicant decides what they want to do, um, so that if this
is reopened again in the future, there's public notice again for that rehearing. So
that's what we would recommend at this time, to defer indefinitely.
Hayek: So to continue the public hearing and defer first consideration or...
Dilkes: You continue it indefinitely, which means we'll have to republish the notice for it
and ... and just go through the process again, rather than continuing to keep it on
the agenda.
Hayek: That's fine!
Throgmorton: So you need a motion? No?
Hayek: So we need a motion, yeah.
Throgmorton: I move to continue indefinitely.
Dickens: Second.
Hayek: Motion to continue Item 4a indefinitely, sec ... uh, by Throgmorton, seconded by
Dickens. Discussion? All those in favor say aye. Opposed say nay. Motion
carries 7-0.
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ITEM 4b. HIGHLANDER DEVELOPMENT RIGHT-OF-WAY
VACATION — ORDINANCE VACATING AN UNPAVED STREET
RIGHT-OF-WAY KNOWN AS AUDITOR'S PARCEL #2008020 AND
TWO UTILITY EASEMENTS WITHIN HIGHLANDER DEVELOPMENT
(VAC15-00002)
1. PUBLIC HEARING
Hayek: This is a public hearing. Hearing is open. (bangs gavel)
Howard: Um, this is, um, an ... an unpaved right-of-way, uh, known as Auditor's parcel
#2008020 and it's when the ... within the Highlander, um ... Fourth Addition, Part
One subdivision and that was, um, just recently adopted, preliminary plat, and this
vacation is merely to move what we, uh, was previously a ... a roadway that we had
planned, and ... up to an area where, uh, it will connect with, um ... the replat of
those streets. So that's all that that vacation is. So the ... the right-of-way then
move ... would move from this pink area up to the area where it would connect
with the other streets in the subdivision. Any questions?
Hayek: Thanks, Karen! Anyone from the audience?
Hughes: Hi, I'm Joe Hughes with Southgate. Uh, I think she explained it very well, uh, we
just have worked with staff to, uh, realign the roads so that, uh, traffic patterns,
uh, work well in the future. So we thank you for your consideration!
Hayek: Thank you! Anyone else from the audience? Public hearing is closed. (bangs
gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Dobyns: Move first consideration.
Payne: Second. (several responding)
Hayek: Moved by Dobyns, seconded by ... Payne. Discussion? Roll call, please. Passes
7-0.
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ITEM 4c. HARRISON STREET RIGHT-OF-WAY VACATION —
ORDINANCE VACATING THE UNPAVED PORTION OF HARRISON
STREET LOCATED WEST OF LINN (VAC15-00004)
1. PUBLIC HEARING
Hayek: This is a public hearing. The hearing is open. (bangs gavel)
Howard: This is a location map, uh, for that unpaved right-of-way. Um, this, um, is
basically a hillside, um, at the end of Harrison Street, west of Linn Street. Um,
you can see that it's basically a wooded area, a wooded hillside. It's quite steep
and so we're unable to really put a street through there. This is part of, um, where
the new CA Ventures, um, multi -mixed use, uh, development is occurring,
um ... there's some photographs of that, and the plan is then to vacate that, convey
it to, uh, CA Ventures so that that development could occur in the way that was,
uh, anticipated by the Council. Any questions?
Throgmorton: I ... I do have one question though. I ... it ... there used to be sort of a park there,
didn't there? I ... at least 20 years ago I remember seeing a ... a ... a label or sign or
something, identifying it as a park. What do you know about that? What
happened to it?
Howard: Um ... as far as I know that was a ... a pretty unusable park, it ... on such a steep hill.
Um, wasn't well-maintained and wasn't well used, um, and so it just became
overgrown and, um, it stopped being designated a park, um, some time ago. So
basically it's basically unused right-of-way.
Throgmorton: Thanks!
Howard: There will be a public access easement that will be, uh, extend through that, and
when CA Ventures builds their project, there will be a stair... stairway and some
landscaping, um, to allow pedestrians to, uh, walk up that staircase to get, um,
through the neighborhood. So that will be a positive, I think, that's not there right
now.
Hayek: Thanks, Karen! Anyone from the audience? Public hearing is closed. (bangs
gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Mims: Move first consideration.
Dobyns: Second.
Hayek: Moved by Mims, seconded by Dobyns. Discussion? Roll call, please. Passes 7-
0.
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ITEM 4d. ROOFTOP SERVICE AREAS — ORDINANCE AMENDING
TITLE 14: ZONING TO ZONING TO ADD A DEFINITION FOR
"ROOFTOP SERVICE AREAS" AND ESTABLISH STANDARDS FOR
SUCH USES.
1. PUBLIC HEARING
Hayek: This is a public hearing. The hearing is open. (bangs gavel)
Fruin: Um, this is something that I've worked on...
Hayek: (both talking) staff and then there'll be plenty of time for (both talking) We're
gonna start with a report from staff and then (person speaking from audience)
plenty of time for ... for you, Mr. Olmstead.
Fruin: So this is something I've worked on with, uh, Karen Howard and, uh, the Legal
Department and ... and really just responding to what we're seeing a ... across the
United States, is a ... a big trend in urban areas, and that's the use of rooftop areas,
uh, for, um, outdoor seating, public gathering, mostly, uh, restaurant and bar type
of uses, and we are getting more requests, uh... um, from, um, businesses and
property owners that are looking to incorporate these type of uses, either into new
projects or, uh, into redevelopment projects, and um, currently are ... there are
some instances where they can be allowed, through our current code, just by
complying with building codes, but uh, those opportunities are few and far
between. We have seen, uh... uh, the ... the one example that most people will point
to is Film Scene. So it can be done, but again, it's very limited to ... which
properties, um, that that would apply to. So, um, seeing this trend and knowing
that we have a couple businesses out there that would like to investigate this a ... a
little bit more thoroughly, we set out to craft what we think would be reasonable
regulations for such uses and I think you've seen in the ... in the minutes and
the ... and the memos that have gone to Planning and Zoning Commission, we had
a pretty, uh, thorough and robust discussions, uh, with the Planning and Zoning
Commission. So what's before you tonight, um, is ... is our recommendation.
There's actually two items, this one deals with the zoning matters and the next one
will deal with the, um, alcohol chapter, um, of...of the City code. Um, Karen
Howard has a few slides, uh, that she can present that ... that give you a few of the
particulars, um, but ... I won't go into 'em until ... unless you guys have specific
questions. Karen, do you want to come forward and...
Howard: (mumbled) these are mostly just in case you have questions, there's questions that
come up during the public hearing,but mostly, uh, we ... we tried to look at all the
zones, commercial zones in the city, that might possibly allow this type of use.
So thinking ahead, so we took all the commercial zones. The lowest and city
commercial zones, um, maximum 30 occupancy on any kind of rooftop feature
and then, uh, reasonable hours, 10:00 to 10:00 basically, for these zones that
might be closer to residential areas. Um, for a little bit higher density zones. As
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you can see on the slide here, um, CI -1, CC -2, CH -1, um, these are a cou... a
couple of the Central Business zones, and our Research Development Park zones
that allow hotels, um, similar occupancy, similar, um, hours of operation. If in
partic... those particular higher intensity zones, there's a special exception option
so they can exceed those hours and occupancy, and each would be considered on
its own merits. Riverfront Crossing zones, um, a little bit different
characterizations. Hotels, um, are allowed as a provisional use, so it wouldn't
have to go through a special exception pro ... process. There's no limit to the
occupancy. Each, um ... it would be self -policed. We feel like with hotels, hours
of operation in Riverfront Crossings 10:00 to 10:00, Sunday through Thursday,
and then 10:00 to midnight ... on Friday and Saturday nights. Um ... if there's a
situation where a ... a hotel would want to have a larger rooftop area, they could go
for a special exception and then that particular location would be looked at, as far
as proximity to residential and other sensitive uses. For commercial recreational
uses such as, uh, like Film Scene theaters, bowling alleys, that sort of thing ... and
for eating establishments, which are in ... in Iowa City are distinguished from bars
by the fact that they close at midnight. Um, you can see the occupancy, um, you
could allow by right for smaller venues, um, but have the opportunity to get a
special exception if they want to go larger or stay open later. Uh... then in the CB -
10 zones, um, similar to Riverfront Crossings, um, but a little bit more lenient
again, um, maximum occ... occupancy 50 for the commercial recrea ... recreational
uses, urn ... and they would be allowed a special exception opportunity if they
wanted to exceed that occupancy. No limit on the hours downtown, um...
excet... except if you're near a residential. Uh, drinking establishments, most all
the drinking establishments downtown are non -conforming with the 500 -foot
spacing rule, and so in those, uh, instances a special exception would be needed,
and there's really particular standards that have to be met. It couldn't be a ... a
horizontal expansion of a bar. It can only be vertical. Um, so there's some
special, uh, criteria for that to occur. Once again, if it's close to a residential zone,
there's limits on hours, uh, of operation and a limit on the size, so that it wouldn't
disturb nearby residential areas. Uh, with regard ... there were some questions
about accessibility. Um, we ... we have gone above and beyond what, uh,
typically, uh, might be required for ADA accessibility and safety. Um, there are
some, uh, provisions in the ADA rules where you could have a rooftop venue that
wouldn't require an elevator, but just to make sure that these ... all these spaces are
available for everybody, um, we are requiring an elevator in all cases and
accessible restrooms. Um, with regard to safety on the roof, there are
particular... criteria about separation (mumbled) the roof, making sure that it meets
building code, and me ... meets safety requirement... additional safety requirements
to create a buffer along the roof edge so people aren't leaning over and that sort of
thing. So we've tried to look at all these kind of safety and accessibility issues
carefully. Uh, other ...other things — food service must be provided while it's
open and if...if they're serving alcohol, they have to have a management plan, and
um, they have to show how they're going to mitigate any kind of noise issues on
the roof, whether it's using amplified sound or whether they're just, uh, a large
venue, with the sensitivity to the fact that there's sometimes offices uses and
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residential uses and hotel guests that are up on those upper levels. So, um, just so
they have a noise plan in place. As far as the amplified sound goes, there was
quite a bit of discussion, as Geoff said, about the amplified sound and so those
areas we would allow by temporary use permit, in south downtown district, in ... in
the CB -10 zone. Hotels would not have to get a temporary use permit, however.
So with any ... with that, any questions about those particulars?
Throgmorton: Yeah, Karen, I'd like to ask one question having to do with ... well, part of the
proposed regulation imposes special restrictions on these, uh, rooftop service
areas located in the RFC, Riverfront Crossings, and CB -10 districts, uh, and
within a hundred feet of residential areas. So, I ... I don't understand what a
residential area means for mixed use kind of buildings. So ... so the Riverfront
Crossings' going to be full of mixed use kind of buildings. So what ... what's a
residential use in this context?
Howard: So it's separation from residential zones. So, um, similar to downtown, where you
have a mix of uses and a lot of people living downtown, we anticipate that in
Riverfront Crossings people will be moving to a mixed use area that has
businesses and residential. There are more limits on ... because we anticipate
that ... that Riverfront Crossings will be a little bit more residential in character
than the downtown, so that's why a little bit more strict use, uh... uh, hours of
operation in Riverfront Crossings, just as a nod toward the fact that there are more
people living there. So that's the dif...distinction between, you know, the direct
downtown and Riverfront Crossings. So there is some thought to, urn ... balancing
those ... those uses in that area, but it's not like being out in a single-family
neighborhood where you would expect to have that quiet ... quiet atmosphere.
Throgmorton: Maybe ... maybe I didn't ask my question clearly enough. I know what it would
mean to be located within a hundred feet of an RS -5 ... district or any house that's
located in an RS -5 district or RS -8 or whatever. I don't know what it would mean
to be located within a hundred feet of a mixed use development that has some
residential stuff in it, and ... and I don't know how the, uh, the... the... this limitation
would play out.
Howard: Are you talking about the limitation for the ... the, within a hundred feet of a
residential zone then? There aren't any residential zones within a hundred feet of
(both talking)
Throgmorton: No, the language I saw was 'within 100 feet of a residential area.'
Howard: So this is the regulation. If located within 100 feet of a residential zone. You can
only have a small zone, so it would be anything that's zoned RM, multi -family, or
RS, single family residential. Those zones, if...if, uh, there's a commercial zone
that's next to a residential zone in other words, there's more strict rules about your
hours of operation and the occupancy. So the (both talking)
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Throgmorton: But the Riverfront Crossings District ... I ... I know I'm the one that's confused here,
but the Riverfront Crossings District will not contain any RM, RS kind of zone.
Howard: But there are ... there are areas, um, where Riverfront Crossings' zoning butts up
against, and in that particular case, um, let me scroll back here. So Riverfront
Crossings, except for the Riverfront Crossings Gilbert District. That's the only
sub -district of Riverfront Crossings that's next to a single-family neighborhood.
So in that particular case, we ... we categorized that particular sub -district of
Riv... of Riverfront Crossings in with the ... the lower density commercial zone so
there was more sensitivity in that particular area of Riverfront Crossings.
Throgmorton: I ... I guess I'll have to go back and re -read the ordinance, uh... um, because I ... I
thought for sure I saw the language 'within 100 feet of a residential area,' not
within 100 feet of a residential zone.
Howard: It could be that you were reading maybe the memo that was stated more
gem ... more general terms (both talking) rather than the actual code language.
Markus: We'll look at it, you know...
Throgmorton: Okay!
Markus: ...between now and the next meeting (both talking)
Throgmorton: Okay, thanks!
Hayek: Thanks, Karen! So if there are people from the audience who would like to weigh
in, now would be the time!
Olmstead: Good evening (clears throat) My name's Harry Olmstead and (coughing) and I
am very impressed with the work that the staff has done in assembling this
ordinance. The only concern I have is in the ordinance... where it talks about
elevator service, I would like them to look at wheelchair lifts, because that can be
much more less expensive for a, uh, building owner than putting in elevator, and
we have several of those as examples — the Englert Theater has a chair lift to get
on stage, um ... the, uh, Old Brick has a chair lift which goes up quite a ways to get
to the second floor. But we do (mumbled) we could look at that as part of this
ordinance. Thank you.
Hayek: Thank you. Is that worth looking at?
Fruin: Yeah, we ... there ... there's certain instances where the ADA will require an
elevator, but in those discretionary instances, we can look at, you know, where
we're saying you need to do, you know, do this by local regulation, we can look at
whether a chair lift would be an acceptable, um, alternative to an elevator.
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Hayek: Okay.
Markus: And, Eleanor, that's not a significant alteration of the ordinance that would require
rehearing.
Dilkes: I think if we're gonna allow, um ... the lift to be a potential alternative we should
add it, but I don't think it's significant. We can ... yeah.
Hayek: Fix it later.
Gravitt: My name's Mary Gravitt and I get nervous when I hear sidewalk cafes, because I
remember what happened to the sidewalk cafe by the Vetro and seeing all those
mothers having to push their baby coaches by because it took over half the
sidewalk, and when you go from Dubuque Street down to Clinton, those benches
stickin' out narrows the sidewalk down. A disabled person has a hard time getting
by these so-called sidewalk cafes. Some people may think we're in Paris, but in
Paris they were prepared for. We're not prepared for all this stuff, and as for ... I
can see why the Council Person is confused about the Riverfront Crossing, cause
it's like 1984. It changes! First here, then it's there, then it's everywhere! But you
gotta be ... you have to take into consideration you're bragging on the radio this is a
walkable city. You have to have room to walk, pedestrians belong on the
sidewalk, unless you gonna brick up the street like the ped mall. So when you say
these things, people can eat on the roof. I don't know where that bird flu came
from when they fly past'em. They don't mind being up there. I don't mind'em
being up there, but I do mind the sidewalk being taken up from pedestrians, where
they gotta walk single file, when they're supposed to be on the sidewalk. Thank
you!
Hayek: Thank you for the comments.
Welsh: My name is Bob Welsh (clears throat) live at 84 Penfro; have, uh, been a resident
of this community since 1965! Uh... I want to join, uh, Harry in congratulating the
City, in terms of, uh, being proactive at this point and making sure that the rooftop
is accessible. Uh... where I differ with, uh, Harry and he knows this is in terms of
giving an alternative in relation to a chair lift. Uh, when I first talked with Harry,
I was thinking he was talking about little thing where you sit down and, you
know, go up. He said, oh no, I'm talking about something that a wheelchair could
go in. And as I pointed out to Harry and as I would point out to you, there are
some of us, and I'm getting to that stage, where, uh, walkers, canes, um ... on those
chair lifts, th... that's not safe ... for a number of people. Uh, so I hope you will
stick with the recommendation of your staff, which says 'elevator,' and not make
an exception there, and uh, I read exchanges of emails between Linn Sandler who
I greatly respect in terms of accessibility, uh, standards and Doug Boothroy, and
uh, again, I just want to say thank you for, uh, developing this to the staff and to
you as a Council, and uh, listen to Harry most of the time (laughter) but maybe
not on this one. (laughter)
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Hayek: Thank you for your comments. Anyone else?
Burchard: Good evening. Um, my name is John Burchard. I represent the property at 111
and 113 E. College Streets, formerly known as The Fieldhouse Bar. Um, we have
been, uh, in the process for quite some time in doing development and bringing
life back to that property, um, and part of our proposal has been from the get -go,
um, to have a rooftop patio structure, that not only would include an elevator from
the very beginning, um, that would take us all the way up, um, but also would
have restrooms. Would also have a kitchen, um, and the like. The reason for me
being here today was just to have some consideration, um, and some thought
process as you guys make this determination from the developer's side. As you
guys can imagine, uh, to bring in infrastructure, to redo a building that's a
hundred -plus years old, to bring in an elevator and things of the like, is a pretty
daunting task. Um, and it comes with a lot of costs, um, and a lot of time with
planning and procedures. Where we're having some concerns with in ... in just
seeing some of the clarifications here is the understanding of the amount of
people that can be on it, um, and ... if there is ways to understand, is there ways we
can increase that, is ... is there, uh, you know, if we bring in additional structural
engineers how that can be looked upon, um, how that will be seen. That also
being said, part of our structure is an indoor/outdoor structure. So when you're
looking at 6,000 square feet on the roof, uh, 4,000 of it is to be enclosed inside,
but have the ability to open up, um, for the other 2,000, which would be the
garden area. Um, I ask how will that be considered in this, um, if that were to
open in that way, or if the ceiling, per se, was more glass and retractable, um, if
we open and close, how does that nature ... how does that fall into the grand
scheme of things. Um, along with that, um, I've read quite a bit about the TV
usage and the sound. Um, truly get that. I think that's an important thing that we
need to tackle, but just some more clarification. Part of I heard is, you know, if
it's in a stairwell we need to close that off, um, in a corridor, um, going back to
my scenario, if they're in an enclosed section of the rooftop, um, that it opens up
to the front garden area, um, and sound were to get out, a Hawkeye game or
things of the like, how would that be viewed, um, can that be taken into
consideration. Um ... a few last points, uh, you know we talked about the
residential piece, the zoning, the uses. Um, I think I understand that. Um, my
concern would be, again, to fall back into this investment, um, what if there was a
residential zone in the future that would be potentially behind my development or
other areas. Um, knowing the costs that we would incur to get ourselves to this
point, um, is there a consideration for grandfathering the policy, um, for its
potential of that being taken away from us after we make such a significant
impact, um, to the downtown area. Um ... lastly, I think the temp use of permits, I
truly get. Um, but ... from my situation and my stance, to put that investment in,
um, I think we really would like to understand some more clarification on what
we can do to get access to that, um, more perimeters that surround that, um, and
versus just kind of hoping and praying that after I do this development that will be
granted to us, as long as we do, um, everything correct. Our goal has been very
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simple from day one. Um, we believe that that building is one of the greatest
assets in the ped mall. It's been dark for way too long. Um, we want to bring
retail. We want to bring commercial. We want to bring office. That's our plan
for those first two main floors. Mortenken Construction is our tenant. They are
doing the two largest developments in this area, and we want nothing more than
to continue to maintain them, um, give them a better place that they want to work
and be in, um, have access to an elevator and watch them continue to grow a town
like this. So I ask upon you this evening to take consideration from ... from our
side as we incur these costs and we look at these things, um, and recognize I know
right now from being in the hospitality space and ... and running places like the
Chop House and others that only having access to 30 people after this
development literally puts my development on the rooftop dead. Um, just
mathematically the numbers won't work. So, um, again, I have that opportunity
as a business owner, um, an entrepreneur to make that decision on to go for it, if I
want to move forward or not, but what I'd really like to see is ... is there the ability,
is there thresholds if done right, if structurally there, um, if everyone's signed off
on what we're trying to create, um, is there thresholds for us to be able to increase
that, um, and how that would look. So, all I wanted tonight is nothing more to
have this into your consideration as you guys think. I truly appreciate your time.
I look forward to bringing a great development to this area. Thank you so much.
Hayek: Thanks for your comments, and we ... we'll, uh, I would characterize some of your
comments as more advocacy and we appreciate that input, and as to the many
valid questions you raise, I encourage you to get with City staff and go through
this thing carefully because some of the issues, uh... uh, I would say most if not all
the issues, um, staff can answer for you.
Burchard: (away from mic, unable to hear clearly)
Bird: Good evening, I'm Nancy Bird. Um, I'm the Executive Director of the Iowa City
Downtown District and thank you very much for taking public comment tonight
on this issue. Um, I think on behalf of the Iowa City Downtown District, we
appreciate Council's consideration of this and, um, advocate for its passing. Um,
you know, one of the things that we've been working hard on is understanding the
costs associated with the renovation of these historic and older properties and how
we can best, um, service businesses, residents, as well as those that are really
wanting to advocate for accessibility, and uh, see if we can't help put the puzzle
together and help them a ... achieve and realize those goals. Um, and I appreciate
Harry's comments tonight. We've been working with the, uh, community around
ADA issues and our goals are really the same, is to help preserve and ... and help
bring some of these buildings back to full utilization. Um, you know, maintain
the ... the or ... the historic asset that they really are and to make sure that everyone
can enjoy them. So, I guess the ... the one thing that I really want to say tonight is
that I really appreciate the flexibility on behalf of staff to look at how we can
achieve these things, like rooftops which are, you know, completely add to the
vibrancy of downtown Iowa City. It's a very exciting time for our district. Um,
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there's a lot of momentum and when the City, um, encourages and demonstrates
flexibility like this on some of these regulatory matters, that can really hinder a
process, um, you know it can be a show -stopper and so when we have staff
support and Council support for figuring out how do we make it work, uh, you
know, it really goes a long way. So thank you very much. I hope you consider
both of our, um, our property owners' comments because they ... they really do
know the nuts and bolts and I think what they're putting forward is really strong.
So thank you very much.
Hayek: Thank you, Nancy. Anyone else? Okay, I'll close the public hearing at this time.
(bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Payne: Move first consideration.
Botchway: Second.
Hayek: Moved by Payne, seconded by Botchway. Discussion?
Throgmorton: So there'll be some more thought given to the particular questions and ... and
concerns raised, right?
Markus: Yeah. I think that, uh, in just a brief conversation with Geoff, I think we have
flexibility already built into this and we'll sit down with John and have that
discussion so that he understands that. I think the issue that Harry brought up,
we'll take a look at that and maybe we will, uh, put some discretionary language
in there to use that kind of lift situation, um ... I ... I tend to think that the elevator is
a much more accommodating way to deal with the issue, but there may be some
circumstances where a lift makes some sense. I was thinking about, uh, the movie
theater area and the elevator goes up to the top floor and then I think it's stairway
up to the rooftop in that particular location. You know, that might be a place
where a lift is more appropriate, so we'll work on that. I think you can consider
the first consideration and I think in, you know, the conversation we had with
Eleanor, it sounds like these are not major changes to the ordinance, and I think
John's issues that he brought up, uh, for The Fieldhouse can be accommodated.
Hayek: Um, I'm ... I'm totally supportive of this. I'm glad to see it occur. Uh, I think it
adds a ... a new, uh, dynamic to ... to downtown. I was at Film Scene, uh, on the
rooftop just the other day and your perspective changes. Obviously you're... you're
several stories up and you see the sides of buildings or backsides of buildings that
you've never seen before and ... uh, as ... it was just ... it was a great, uh... uh, thing
and ... and I hope we can play it out, uh, in more places downtown. You know my
sense of this, this is pretty regulatory and, uh, I recognize that. Uh, it went
through heavy-duty vetting at the Planning and Zoning stage and went through a
couple of rounds, and um, things were added and, uh, it comes to us on a
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unanimous vote from P&Z, and, you know, by the time it reaches the
Council ... not entirely but ... but by and large these are such, uh... um .... de ... detail,
uh, detailed, uh, ordinances that it ... it's not exactly an up or down vote, but in
some sense it...it is by the time it gets to us, especially after all of that vetting, um,
and ... and my sense is, you know, what we should do is get this on the books.
We ... we talked about this at the work session, that like any ordinance that has a
lot of complexity to it, you know, time will show us where things need to be
tweaked, um, and uh, I have no doubt that that will be the case with this, um, but
the way I look at it is ... the ... even ... even after the second round of...of Planning
and Zoning scrutiny and the ... the additional provisions that were added in, this
still seems to have broad support within the business sector. Um, and it may need
additional work in the future, but I think we should support this and then work
toward... responsible changes in the future as they arise. (several responding)
Okay. Further discussion? Roll call, please. Pass ... first consideration passes 7-0.
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ITEM 5. AMENDING FY2016 BUDGET — AMENDING THE FY2016 OPERATING
BUDGET
a. PUBLIC HEARING
Hayek: This is a public hearing. The hearing is open. (bangs gavel) Hearing is closed.
(bangs gavel)
Payne: Move ... move the resolution.
Botchway: Second. (unable to hear person from audience)
Hayek: Moved by (both talking)
Throgmorton: No, did (several talking)
Gravitt: Well I want to ask a question.
Hayek: On the ... on the budget?
Gravitt: Yes!
Hayek: Okay. Why don't I, uh, kind of un -ring the bell and if you would like to come up
and give us your comments on the, uh, amendment to the operating budget, please
do so.
Gravitt: Yes. I hope that when you amending this operation budget that you factor in a
full-time maintenance person at the Iowa City Public Library. Like I said, they
get a million hits, but that's the most unsafe building in this whole of Iowa City
because nobody walks the building. If you got a million hits you got maybe ... you
gotta have more, about a half a million people comin' in there daily, and I mean
that's a busy building, and please factor in some ... some union cement contractors,
cause that patchwork downtown, this is the downtown and it's shifty and ... it's a
shame! I look down at the sidewalk, all of these patches. The curb's still not
fixed, and you, and Mayor, you said you went up on the building and looked
down. Did you notice those two dumpsters on the sidewalk, uh, by the old
Library? I've been complaining about that for two years. How come he can't
push those dumpsters up the alley and do something about that goat grass that's
growin' in front of it? I see they did spray some Roundup on the weeds that's
growin' outside the building, but if you gonna have a ... a beautiful downtown, then
you have to have cooperation, unless he's too rich and you can't make him put
those dumpsters in the alley where they belong, and get some contract, some real
contractors, to fix the sidewalk. None of that patch stuff. We're not makin' quilts.
I enjoy looking at the city myself. I'm not rich. I don't go and eat on anybody's
roof, but I'm not interested in that. But I'm interested in getting some contract
workers, somebody that has a stake in something around here. Don't try to save
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money! Cause the snow is only gonna dig up those patches. So....so that's all I
want to say.
Hayek: Thank you. Anyone else? Public hearing ... is closed. (bangs gavel)
b. CONSIDERATION A RESOLUTION
Payne: Move the resolution.
Botchway: Second.
Hayek: Moved by Payne, seconded by Botchway. Discussion? Roll call, please. Passes
7-0.
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ITEM 6. BICYCLE REGULATIONS — ORDINANCE AMENDING TITLE 9,
ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 1,
ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT
OF TRAFFIC PROVISIONS," AND CHAPTER 8, ENTITLED
"BICYCLES," TO EXPAND THE DEFINITION OF "BICYCLE;"
PERMIT THE RIDING OF TWO BICYCLES ABREAST EACH OTHER;
REMOVE THE REQUIREMENT THAT BICYCLES RIDE TO THE FAR
RIGHT SIDE OF THE ROAD; AND AUTHORIZE THE IMPOUNDMENT
OF INOPERABLE BICYCLES (SECOND CONSIDERATION)
Hayek: This is second consideration but we have a request for expedited action.
Mims: Sorry about that! Find my card here. I move that the rule requiring that
ordinances must be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, that the
second consideration and vote be waived, and that the ordinance be voted on for
final passage at this time.
Botchway: Second.
Hayek: Motion to collapse from Mims, seconded by Botchway. Discussion?
Throgmorton: So who asked for the, uh, collapse it?
Mims: Staff did.
Throgmorton: And ... and what's the rationale? Oh, I didn't ... I guess I missed that! So
what ... what's the rationale?
Markus: I think in this particular case, this was a, um, citizen issue that was raised with us
to make us more bike -friendly. There didn't seem to be any major concerns as to
the support of this particular ordinance so staff made the recommendation that we
expedite, get it passed. It's consistent with, I think, making the town even more
bike -able. So, that was the reasoning.
Throgmorton: Yeah, I'm fully supportive of the ordinance. I was just wondering why ... why the
idea, why we suggested collapsing it. Just wondered.
Markus: Didn't seem like it was any reason to wait on it.
Hayek: Uh, anyone from the audience? Further Council discussion? Roll call, please.
Mims: I move the ordinance be finally adopted at this time.
Botchway: Second.
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Hayek: Moved by Mims, seconded by Botchway. Discussion? Roll call, please. Passes
7-0.
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ITEM 9. CITY COUNCIL INFORMATION
Hayek: Why don't we start down with you!
Dobyns: Um, I just want to thank the Kingdom Center in the south part of the city. It's a,
uh, faith congregation whose, uh, ministry is toward, uh, minorities in the area.
Uh, my wife and I attended services there a couple of Sundays ago. Uh, Pastor
Allen and Lady Allen and, uh, their staff and fellow congregation were extremely
cordial and welcoming, and we appreciated the, uh, time that we spent there.
Payne: I just want to remind everybody that it is that time of the year where there's more
bicyclists and pedestrians on our sidewalks and streets, and to just watch out for
them when you're driving your car!
Dickens: And this weekend, Pathways is having their "Men Who Cook." It's a, uh... 20
celebrity cooks will be serving up some great, uh, different types of dishes.
There's a live auction, the silent auction, and a raffle. So, it's at the Clarion.
Starts at 6:00 on Saturday and hope you can make it!
Mims: I would just piggyback on Michelle's and I've been doing this every time I've been
on KXIC lately, reminding people of that, that it's this time of year and as Jay
typically says, and for all the, uh, Illinois registered cars that are going the wrong
way on our one-way streets as well (laughs) He's the one that picks on the Illinois
residents! (laughs) Uh, but just a reminder, we do ... the University students are
moving back in this week. Uh, it's going to be, like you said, lot more
pedestrians, bicyclists, and also just a lot of cars this week as ... as they move back
in, so ... be safe out there!
Throgmorton: So several days ago former Councilman named Steven Kanner died, uh, I don't
know exactly how, but he ... but he died, and there's gonna be a, uh, sort of a
memorial celebration for Steven at 5:00 P.M. Sunday, August 23`d, in Happy
Hollow Park, and I don't know, I think Steven sat in this chair. I don't know, he
was down at this end somewhere, but uh... anyhow, uh, some people thought he
was not a terribly good City Council person, but he was a ... a very good individual
and ... and he passionately cared about ... about, uh... the issues that he supported. So
I wish Steven the best and ... and uh, invite people to come to that celebration.
Botchway: Oh, wait a minute!
Hayek: Okay!
Botchway: Sorry, uh, Soul Festival is not this weekend but next weekend. I saw it on your
thing so I thought you were going to mention it, so ... so make sure you come out!
Hayek: Uh, several items. First, uh... uh, the grand opening of Alexander Elementary is
later this week on Thursday, uh, 4:00. I'll be speaking at that, but um ... uh, thanks
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to City staff, uh, and of course the School District for putting together a great
project and all the infrastructure that surrounds that. That's a very important, uh,
development for ... for the City, and for the School District, and I think it's
important that we as a Council, and as a community, keep an eye on this facility's
plan. Uh, this is an example of something we are getting out of that, uh, process,
um, and there are a number of other things that we need, uh, to have happen in the
future with respect to new facilities and the renovation of existing facilities, um,
so we need to ... we need to watch that and ... and support that. Um, secondly, uh, in
addition to former Council Member, uh, Steven Kanner, uh, Heather Shank
passed, uh... uh, couple weeks ago and uh, she was, uh, former Human Rights
Coordinator for the City of Iowa City, and I got to know her a little bit on the
front end of my, uh, time with the City and uh, she was a ... a beautiful person and
uh, an incredible, uh, aura about her and she will be missed! Um, and ... and lastly
I just wanted to point out that our ... our City Manager Tom Markus, uh... uh, was
uh, in Indonesia for a couple weeks, uh, through an exchange program, uh,
through the ... or under the auspices of the ... of the State Department (both talking)
Markus: State Department and ICMA.
Hayek: International City Managers Association, um, and this was sort of part two of, uh,
of an exchange, uh, over the course of the summer, the first part was the ... uh, Tom
and his wife Debbie hosted some Fellows, um ... uh, from Indonesia and...
Markus: Brunei.
Hayek: Brunei, uh, for a period of time here in Iowa City and we got to know them a little
bit, and then part two was Tom going over there, but, uh, I think it ... I think it
speaks to the worldliness of...of, uh, the community and ... and our engagement,
uh, as a city and uh, through, uh, one of our leaders, uh, with the rest of the world
and um ... uh, I think it was an incredible experience, but it was an honor for the
City and ... I know you had a good time, but it was also, uh, a challenge to go over
and be away from this place for two weeks.
Markus: Right! There was actually 23 hours of actual travel time in the, uh, planes, plus
you know stopovers and layovers. In route we went through Seoul, Korea and on
the way back it was Hong Kong. I did a travel log, I blogged, just about every
day, and I'll make sure you get the contact information on that so you can kind of
follow some of the experiences. Apparently with the Fellows they had these
challenges to see what Fellows would do what in, uh, Indonesia and the other
countries in southeast Asia, and there's this fruit called dorian and if, uh, you go
on-line and check out what dorian is sometime. It has a fairly pungent smell to it,
but I managed to get some down and so (laughter) I passed the test with the
Indonesians and they were pretty happy about that. Indonesia's a country of 250
million people. It's the fourth largest country in the world, and most of us don't
have that kind of in our mindset that it's that large of a country. It's 17,000
islands, 6,000 which are inhabited. Uh, this is their 70'' anniversary after
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declaring independence, uh, following the, uh, defeat of the Japanese, uh, who
had kind of ousted the Dutch that ran Indonesia for a while. You remember
Sicarno was the President at the time. So, I know more about southeast Asia, and
in particular Indonesia, than I ever thought I would, but ... I can tell you how much
I liked it. Uh, Debbie and I'll go back and uh, we'll spend a significant amount of
time once I get to that point, retirement, and then I managed to get back just in
time for another granddaughter to be born here, uh, in Michigan, so ... it was a
great trip! I really had a good time.
Hayek: Well it speaks to your commitment to your profession and ... and uh, it's a ... it's a
guild and I appreciate that you contribute to it and take it seriously, and Fruin
didn't run the City into the ground while you were gone (laughter) (both talking)
Markus: You know (both talking)
Hayek: It used to be you'd leave town and we'd get some sort of natural disaster (laughter)
Markus: And you know what, even ... even (both talking)
Hayek: ...or a tire fire! (laughter)
Markus: Even when we had a natural disaster, he handled it perfectly. You know, I have
no worries about leaving things in ... in Geoff s capable hands! He does a great
job, so...
Payne: Hey, Matt, can I mention one more thing?
Hayek: Uh huh.
Payne: Didn't the ani ... Animal Shelter open this week?
Markus: Yes! They actually moved in and we'll have a ... we'll schedule a grand opening. I
managed to get over there this week, uh, and start to take a little bit.....look at it,
and it's, you know, they still have some finishing touches, like this room does, but
uh, they'll get there and I think it'll really serve the purpose that we hoped it
would.
Payne: But if somebody wants to adopt a pet or foster a pet, they can go to the new
location.
Markus: Yeah, plug that, so we're operating in the new location, so feel free to get down
there and I'm sure the staff would be more than happy to show you around, but
there will be a grand opening at some point, tours, so...
Hayek: Geoff?
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Fruin: Nothing!
Hayek: City Attorney? City Clerk?
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