the automations okay you don't need to
call the meeting to order for this but
for all of our citizens app that are
listening in
we've got National Public Works week and
I'm gonna quickly kick it over to
Jonathan gano to give us kind of an
update and then I've got a quick
Proclamation rate Jonathan
happy to have the floor mr. mayor thank
you for the opportunity this is an
annual celebration where each take a
week and take our our chance to remind
everybody of the vital infrastructure
and services provided by public works
professionals here in Des Moines that's
in the both Public Works and engineering
departments working day and night
sometimes around the clock in different
Duty positions at the wastewater
treatment plant and and all day long in
offices and now in homes and trucks and
vehicles spread throughout the community
where we're pleased to have the
opportunity to have the floor here to
have some official recognition from our
council members I know each and every
one of you all contributions of all of
our public works professionals in both
the engineering and public I have this
kickoff of National Public Works week
with a formal proclamation thank you mr.
mayor
keep that in Jonathan before I read it
in for all of us on the City Council
we want to thank you and your whole
department and staff for the that
weekend week out 24 hours a day whether
it's snow whether it's rain whether it's
floods or it's just taken care of
picking up the the reset on the garbage
and whatever every single week but
Easter day you guys are on the front
line and I just want to thank all of you
for all the work that you do to help all
of us as citizens City of Des Moines so
thanks for being here Jonathan in making
that statement but I I just wanted for
all the council we just want to thank
you personally
thank you very much mr. man all right so
our proclamation quickly reads as
follows
public works personnel operate and
maintain infrastructure and provide
services essential for everyday life and
economic growth and also provide
leadership and floods snowstorms and
natural disasters and whereas the
support of an and understanding and
informed citizenry is vital to the
efficient operation of Public Works
services and maintenance programs such
as traffic sanitation sewers streets
forestry and wastewater reclamation and
whereas the protection and preservation
of the area's natural resources for the
benefit of future generations depends on
the sustainability of these services and
programs and whereas the quality and
effectiveness of these functions as well
as their planning design and
construction is vitally dependent upon
the efforts and skill of our Public
Works and engineering officials and
whereas the efficiency of the qualified
and dedicated personnel whose staff the
Department of Public Works and
engineering are materially influenced by
the people's attitudes and understanding
of the importance of the work they
perform now I the mayor the City of Des
Moines on behalf of our City Council in
the citizens of Des Moines do hereby
proclaim the week of May 18th
the 22nd of 2020 as the National Public
Works week and in the city of Des Moines
I call on all of our citizens and civic
organizations to acquaint themselves
with the issues involved in providing
the city's Public Works and to recognize
the contributions which Public Works and
engineering officials make every single
day to our health safety comfort and
quality of life and with that thank you
very much to all of you and thank you
for being part of our team
now Jonathan you may think that
magically the proclamation is going to
appear in your hands and we'll have
pictures taken together but that's not
going to happen we can we can work magic
with our job good good all right okay
yes is there anybody on with the Asian
and Pacific Islanders group I am not
aware of someone if you are on and you
wish to speak please raise your hand so
I can unmute you it looks like you've
got one hand all right all right you
have the floor no hello yeah hi thank
you so much for first of all expediting
this proclamation it means so much to
our community I'm actually on a national
call at the same time recognizing this
event and it's wonderful that more in
Iowa is having from a local fan point
and being a part of this at a national
level as well and this is even more
important for us not just for our Asian
American Pacific Islander community but
also having ancillary communities as
well given the recent event that just
happened this week so we are so
appreciative before the most important
thing for us is just having allies in
terms of the voice and the ability to
raise the awareness around this as well
thank you very much for your statement
and in for the work that you folks have
so with that I will quickly read
the proclamation reads as follows
May 18th is the birthday of Vincent chin
who was brutally murdered in a hate
crime in 1982 which fueled a National
Asian American activist movement that
continued to this day
and whereas everyday youth of all ages
and backgrounds suffer from being
bullied in schools online around the
country which is often compounded in the
Asian American and Pacific Islander
community because of culture religions
linguistic barriers that can keep these
youth from seeking and receiving help
and whereas the city of Des Moines joins
act to change in sharing one vision a
world where all youth including within
the Asian and Pacific Islander community
have the opportunity to feel proud and
supported in the development of their
identity and sharing of their stories
and whereas we must continue to empower
students by advocating for systemic
change and providing resources to
promote healthy communities while
denouncing all incidents of hate
including in surrounding the Cova 19
crisis against AAPI community and
whereas the city of Des Moines in
partnership with the Iowa Asian Alliance
and participating community
organizations are committed to the
important issue and encourage the public
to foster dialogue share resources and
learn more about what they can do to
fight bullying in hate now therefore I
the mayor the City of Des Moines on
behalf of our City Council and this is
is Des Moines do hereby proclaim May
18th
today 2020 as AAPI day against bullying
in hate and we urge all the citizens of
Des Moines to reach out in fight
bullying and discrimination in hate
crimes which have been on the rise and
to stand up against racism and take
action to help end bullying and hate in
our community so thank you very much for
being part
our meeting and on this day
recognizing the worst birthday of
Vincent chin thank you for being here
all right okay unless we have anything
else why don't we call our meeting to
order and I would ask you to please take
role County here Posen here boss
can you yes I can hear you Connie
okay body here
gray here Westergaard here mandelbaum
here dotto here
Your Honor we have a quorum all right
thank you all for being here and all of
our citizens who are online here with us
before we get into their regular agenda
I just want to quickly make a statement
you know I want to address the
disruption that forced our cancellation
of our last Thursday's joint meeting
with the council and the des moines
civil and human rights commission such
racist and sexist sexist actions can
never be tolerated that's why an
investigation is underway by the Des
Moines police department in our city's
IT department additionally our IT
professionals are reviewing security
protections and video conferencing
procedures so that such disruptions can
be prevented in the future and that our
public meetings like this one tonight
can proceed as intended and serve the
members of our community and finally
I've got to tell you I want to thank
Cameron Middlebrooks chair of the civil
and human rights commission and and I do
both of us want to assure our residents
that we will reschedule our joint
meeting sometime soon and hopefully yet
this summer and those who disrupted last
week's meeting
have only succeeded in strengthening our
objective and this will not impede the
steps that we've made to slow the work
that remains in bridging the gap in our
community and I want to thank our civil
and human rights commission for all
their work in all of our citizens and
neighborhoods that have participated in
helping our community come together to
look for a great opportunity and future
for all of our citizens so any rate with
that I want to thank you for giving me a
moment just to say that to you as the
council and thank you all for your
participation the other night and
secondly to our citizenry we're going to
move forward and nothing's gonna stop us
now and with that I'd like to have a
motion to approve the agenda as
presented and/or as amended move it's
been moved all in favor say aye
aye aye is there any opposition hearing
none
it passes item 3 is approving the
consent agenda tonight those are items 3
through 41 generally these are routine
items and will be enacted by one roll
call vote without separate discussion
unless someone either a council member
or someone from the public decides they
want to have one called for
clarification or further discussion this
evening item 4b be councilmember Gatto
wishes to speak item 5 I will be voting
no item 6b council members raised to
speak item 7 councilmember gray wishes
to speak and item 7 councilmember Voss
votes no item 26 councilmember
Westergaard wishes to speak and item 40
and 40 a council member Gatto votes no
are there any other items that anyone
would like to could you put those
back up again first check and K yes I
can so we got for BB we have six b-26
yep
26 and I think that's all for the
speakers right right okay item three
let's see if there's anyone in the
public it has been moved but is there
any item that anyone from the public
would like to speak on and so we would
ask you to put your hand up now again
those are items 3 through 41 okay I
don't see anybody I don't either
your honor all right would you please
pull the council County yeah boss
yes great yes Westergaard yes Mandelbaum
yeah got him yes your honor that's Evan
yes motion carries okey doke thank you
item four the license is in permits and
for BB specifically is for the Southside
food market at one at 1101 Army Post
Road in it's an e liquor license counts
member Gatto I believe that it's yours
yeah
mr. mayor I guess I'd like to know how
many calls we've had to this particular
establishments police calls and I
believe that this has been a problem
that's why I asked on some of my
questions if it's under the same
ownership
so I I don't know if anyone can answer
that today for me but that that one that
particular place has had many I mean
it's had shootings and murders and
fights and many many many many calls to
it I believe and I'm just wondering do
we have a good neighbor agreement in
place for that particular establishment
I think that what we ought to do Jo is
maybe we could continue that particular
item
I believe they still can function as a
business while we do that research and
get that back to us by the next meeting
and then we can have a discussion around
that because I would doubt that unless
we got a term a little earlier that they
can pull up all the information that we
would need to take a look at that but
that that sounds great yeah and it's
actually in Josh's Warren I apologize
Josh I meant to get a hold of you today
but my day had slipped away from me so
yeah I would continue I would continue
for BB and take a look at some of those
some of those questions that I asked and
maybe see if we can get a good neighbor
agreement in place if if not this is a
this is a problem so I'll move to
continue it all right any discussion
anyone else we have a motion okay okay
would you poll the council please yes
yes yes yes yes yeah yes all right
thanks man you bet that takes us to 66
is public improvements in B is the sixth
Avenue streetscape College Avenue to
University
it's receiving the bids which will
happen and 616 of 20 we're gonna set a
data hearing of July 13th the engineer's
estimate on this is three million eight
hundred and sixty seven thousand four
hundred and eighty six dollars and
seventy cents bill gray it's yours for
seventy cents I think I can probably
push this one a lot that this is nothing
more than highlighting phase two of the
total sixth Avenue streetscape the
mainland groups with the help of brand
by have raised close to one point four
million dollars of this so what what
they have done is nothing short of a
phenomenal this is really going to dress
the area up and this is one of the main
corridors that does come through you get
to downtown Des Moines so I wanted to
highlight that we're supposed to be
starting that probably later this fall
or early winter and we're gonna change
the whole scenery around there so I
wanna move item 6b alright item 6b has
been moved any comment anybody else I've
got a ten it's been a long time coming
bill and it's good to see it heading
towards completion absolutely
kate pull the council please yes yes yes
yes yes yeah yes all right thank you
item 7 is another public improvement
these are items regarding the proposed
second Avenue reconstruction from the
University Avenue to the Des Moines
River accounts communication number
twenty - 220 it's approving the concept
plan and be approving professional
services agreement with Bolton and make
not to
four hundred and eighty five thousand
nine hundred and twenty nine dollars
councilmember gray Thank You mr. mayor
this has been one of the one my
highlighted right hello one moment what
[Music]
do I hold that bird can I go no you're
good keep going good okay all right this
is one of the projects that I have been
working on diligently for about the last
three years we have had constant
meetings with the neighborhood group
we've had meetings with central place
business owners the second Avenue
business owners and I can't and we've
had plenty of opportunities for
give-and-take I think we come with a
great compromise here I went through the
blue letter and engineering has done a
fantastic job I'm getting all the phases
put in place what we need to get done
and what everybody should know this is
an all-encompassing project because not
only are we going to read but second
Avenue careful condition is what early
joint sewer work and we're going to be
doing the bridge work so we're gonna
really create a whole new environment or
people coming in to Des Moines visit our
downtown area to go to Wells Fargo Arena
have a chance to get to the hospitals
Mercy's ahead Methodist is down the road
and Lutheran Hospital is just down the
street from extremely happiness I'm
extremely happy all the compromises that
we've put together on this it's really
going to change the the look of downtown
for years to come so I'm very happy to
move item 7 7a and 7b okay any other
comments anybody seeing none
okay would you bowl of council blades
County yes Posen yeah boss no great
crowd yes
Wester garden yes mandelbaum yeah God oh
yes your honor that's six yes motion
carries okeydoke the next item that was
pulled for a discussion here and is
approving item 26 which is naming of the
access road and Riverview Park the bill
in Pam Thompson Parkway
Linda Thank You mayor I also want to I
should have pulled item 25 also but I
just want to talk about item 25 and 26
the naming of the Riverview Park stage
the the front row class out in honor of
polk county and then the naming of the
bill and pam thompson it will be called
bill and Pam Thompson Parkway and that's
the access road from Corning Avenue to
the back of the stage area and the lawn
area in front of the stage is to be
named the Polk County front row Plaza
and it's a real honor that were that
we're able to do this tonight
Polk County Supervisors have been very
instrumental in helping getting the
Riverview to see its completion
they've donated quite a bit of money
they've worked they helped us with
getting dirt for this site I mean all in
and I just really truly thank the Polk
County Board of Supervisors Pam and Bill
Thompson have been
keen on this for probably the last nine
years
so before I before I came around but
everybody knew that they were involved
with it from the very beginning and
they've been instrumental they have
worked tirelessly and they've worked
long hours I've they're there on the
Friday nights when we've cooked when
they cook hamburgers and hot dogs to
raise money they have have just been
great for the entire neighborhood so
it's a real honor that were that we're
being able to do this naming tonight and
I hope everybody will support that
motion so that I make the motion to name
the access road at Riverview Park bill
and Pam Thompson Parkway and my
apologies that I didn't pull 25 but it's
already passed so know right thanks
Linda
any other comments Linda I'll just kind
of second everything that you said bill
and Pam I've got to tell you if you ever
have a project and they get engaged in
it you're gonna get her done they have
done a fabulous job and they're engaged
in lots of projects I mean they're
they're involved with the chamber there
they're just out there supporting
everything in our community yep you're
absolutely right with that and I don't
see any of their hands up at the moment
okay would you pull the counts on that
Lake County yes bozon yeah boss
yes gray yes Westergaard yes Mandelbaum
yes Gatto yes your honor that's seven
yes motion carries all right thank you
that completes the consent agenda and
moves us to the ordinances item 42 first
consideration 42 is amending sections 50
- 26 50
yes 30 2.0 550 - 34 50-35 relating to
floodplain development regulations this
item was continued from the may 4th 2020
Council meeting and I'll open it up and
see if there's anybody that would like
to say anything I see one hand up mr.
Coonan it looks like you do you have
anything to say here I do and Thank You
mr. mayor and members of the City
Council my name is Tim Coonan I'm with
the Davis brown law firm representing
the central Iowa Water trails a project
I know you all are very familiar with as
you have been essential and loyal
partners to for for a while now we would
like the opportunity to work further on
the language in this proposed ordinance
might have some as drafted I think we
understand the intent but we want to
make sure it doesn't have any unintended
consequences and so I guess today I'm
here to ask for a containment or a
continuation here to work with legal
counsel and staff to draft continue to
draft the ordinance and in Tim you work
with water trails right are you i yeah i
represent the central higher water trail
okay so the central Iowa water trails
would you're asking for their ability to
with you have us give you a little extra
time to look at it and sort through the
language yes mr. mayor okay
all right Joe mr. mayor thank you
I will I think it's important that we
have all the stakeholders sitting at the
table making sure that making sure that
they understand the ramifications of
what we're doing here and making sure
that that's going to be in their budget
as we move forward to get this done so I
will move to continue item 42 okay
there's a motion to continue are there
any other questions thank you
I noticed that Karl you had your hand up
for a minute did you get your question
answered
I was move continuation but fast-draw Jo
got me down first got ahead of me so
that's fine all right
mayor my good real quick yes go ahead
two weeks Jo as long as we can have that
discussion with the water trails yep
that's fine with me just long Tim and
the water trails are included and make
sure that they know what we're doing why
we're doing it and how important it is
for us and our levees why we're doing
these things and what the ramification
of their cost is going to be for any
additional work that they're going to
have to do to budget for okay we can
have that conversation actually it would
be three weeks to date since the next
council meeting so we should have plenty
of time to talk with them about that
all right thanks good yeah all right
seeing no one else okay would you pull
the council please County yes Posen yeah
boss yes GRA yes Westergaard yes
Mandelbaum yeah Gatto
yes your honor that's seven yes motion
carries it looks like it's 501 I think
we need to move straight to hearing
items now our first hearing item is item
45 it's on the conveyance of a vacated
alley right away west up in adjoining
1624 Ohio Street to mark seed Aggie and
lien F dagi for three hundred and thirty
seven dollars
this is a hearing so we'll go ahead and
open the hearing and ask as their m1 on
council that has any questions on this
item
seeing none is there anyone in the
public or audience who would like to
speak on this item
okay I don't see any hearing none mr.
mayor I'm going to move 45 and I just
had a little sideline here mark and
Leanne 25 years ago their son Mac John
dagi wrestled with my son Kelly so we go
back a long long time so glad to see
them night out praying off of six down
and grab out where phase two is going to
start of the sixth Avenue corridor so
I'm glad to see they're staying right in
the neighborhood and continuing to grow
their business you know right item 45
has been moved if there are no questions
please
County yes Bosen yeah boss yes yes
Westergaard yes yes yes your honor
that's seven yes motion carries
all right let's move guide in 46 item 46
on the request from Savannah Homes Inc
Ted is the officer to rezone 33-23-33 35
in 33 41 East 24th Street from P to
public Civic in institutional 2n3 a
neighborhood to allow for the
development of one house type B single
household residential dwelling a is the
first consideration the ordinance above
B is the final consideration of the
orange above and the waiver is requested
by Ted growth the president at Savannah
Homes Inc it requires
votes again this is a hearing item let's
go ahead and open the hearing and see
first if there's anyone then counsel
that has any comments or questions and
then we'll turn to the public seeing no
one on the council let's open it up kay
do you see any hands up from the public
on this one I do not but I want to
remind people that if they want to raise
their hand it's on the right hand side
after you hit participants if you're on
a phone you have to hit star nine just
to remind you on how to raise your hand
all right thanks kay thanks 46 be
alright the Adams been moved unless
anyone has any point that we'd like to
have clarified I would ask a to please
polish house County yes Bosen yep boss
yeah great you can hear my dog mark yes
Westergaard yes Mandelbaum yeah Gatto
yes your honor that's Evan yes motion
carries
all right takes us to item 47 which is
unrequested island trucking inc ronald
fatness is the officer to rezone
property at 3220 Dixon street from I 1 I
believe industrial to I to industrial to
allow for future consideration by the
Planning and Zoning of adjustment of a
conditional use for a fabrication and
production intensive use specifically
for a 12,000 gallon above-ground
petroleum tank for truck fueling to
replace the use of mobile tanks a is the
first consideration of the ordinance
above and B is the final consideration
of the Arts about the waiver is request
by Gregg Bruning the president Scylla
and trucking Inc and requires six votes
go ahead and let's open up his hearing
and ask the council that they have any
questions or comments they would like to
make on this or any concerns anybody
seeing none let's go ahead and open it
up and see if there's anybody in the
general public that has any questions or
clarifications they'd like to have made
on this this move at 3220 dixon facing
none and be a right motion seeing no
hands up at the moment I would ask Kay
would you hold the council please County
yes bozon yep boss
yes gray yes Westergaard yes Mandelbaum
yeah
Gatto yes your honor that's seven yes
motion carries all right moved item 48
on request from Scottish Rite Park Inc
Daniel J boar as the officer to amend
that plan DSM Creek our tomorrow
comprehensive plan future land use
designation in rezone 2909 Woodland
Avenue from nx3 neighborhood next the
rx1 excuse to allow the applicant to
request a conditional use permit for a
business selling liquor wine and or beer
as a restaurant Bistro within the
existing assisted living residence
facility a is the first consideration
the ordan sebab and B is the final
consideration the orange of the waiver
is requested by Daniel J boar president
and CEO of Scott
try are in require six votes let's see
if the council has any questions on this
one I will open the hearing anybody any
thoughts yeah I think mr. mayor I'm
happy to move item 48 48 a and 48 be all
right the item has been moved
do we see anybody in the general public
has a comment I see none County yes
thousands boss yes
gray yes Westergaard yes mandelbaum yeah
yes your honor that's seven yes motion
carries item 49 is a request from
pinnacle on floor LLC Randy Walters as
the official regarding approval of the
first amendment to the village at Gray's
light beauty conceptual plan for twenty
seven ten and twenty five hundred fluor
drive to define a lot five of the plan
to be developed with a twenty unit multi
household row home let's go ahead and
open the hearing and see if the council
has any comments on this one again
twenty seven ten and twenty five hundred
fluor Drive seeing none mr. mayor
I'll move item 49 all right item 49 has
been moved is there anybody did we see
buddy the public I don't okay let's go
ahead and pull the council County yes
thousand yeah boss
yes gray yes Westergaard yes Mandelbaum
yes God dado will tell you there he
muted himself Joe do you have yourself
muted there you go Joe okay seven yes
your honor motion carries
all right takes us to Adam 50 it's not a
request from Walden Point LP Robert
Burns is the partner for a second
amendment to the Walden Point PUD
conceptual plan at twelve hundred fourth
Street to allow the use of the
three-story 60 bed group living assisted
living facility to be converted to units
allowing either group living assisted
living facility or multiple household
living for seniors let's go ahead and
open the hearing on this item fifty
twelve hundred fourth Street which would
be right on University they're right
anybody stings none from the council
anybody like to make a motion on this I
can do that mr. mayor I'd like to move
item fifty the right item fifty has been
moved anybody in the public trying a
warning to may come in okay I don't see
anyone no there is not
let's go ahead and pull the council
please County yes thousand boss yes gray
yes Westergaard yes Mandelbaum no dado
yes your honor that's seven yes motion
carries all right item 51 is continuing
a hearing on a request from acre
investment group LLC Michael Donnellan
is the officer to rezone 901 southeast
7th Street and 709 714 Vale Street plus
n 3 C neighborhood 2 n x2 neighborhood
mixed to allow for the development to
from know how structures each containing
six household units to June 8th of 2020
again here everyone this is a motion to
continue the hearing unless anybody
wants anything about it this evening and
that would be till June 8th anybody mr.
mayor's there anybody on that wants to
speak of this i I've had some neighbors
call me about this I know that I guess I
was a I was under a different I didn't
know they were gonna have six households
in two row house like three different
three different households are gonna be
in one row house is that how I'm reading
this is that the density that we're
looking for Scott could you answer that
and I mics on yeah Mike go ahead Mike
just second he might have got that was
my understanding mayor but let's see if
we can't still yeah that's what it says
that's the problem that the neighbors
are having some issues with they're all
single-family homes down there and the
people directly adjacent to it are very
concerned that we're putting that type
of density in there so I think that they
need to be part of the conversation and
I need to be brought up to speed on on
this particular project I know Karl and
I have had some discussion and some
e-mails back and forth but I guess I
never realized I thought it was just row
homes that we were putting there but not
where they were gonna have three
different households in each one
then I think that's where the neighbors
are having a little heartburn so I'll
move to continue item 51 we don't need
to have a lot of discussion about it
right now
I just need a little bit more
information so I'll move on in 51 to
continue as it is okay we'll get that to
okay
is there anyone in the public that would
like make comment on this seeing none
let's go ahead and hold the council okay
[Music]
okay County yes Posen yeah boss yes
gray yes Westergaard yes ma'am yes yes
your honor that's seven yes motion
carries all right
smoked item 52 on the approval of an
amendment to the operational agreement
with child dying child care Inc for the
operation and maintenance of the child
care facility located in the
park-and-ride facility at 610 Center
Street Council communication number 20 -
214 let's open the hearing and see if
council has any comments on this one mr.
mayor
yeah I'm happy to move item 51 assuming
there's no one in the public who wants
this occurred not 51 52 assuming there's
no one in the public and wants to speak
on this okay I'm not seeing anybody at
the moment have you seen anybody no I
have not and when they raised their
hands they should raise to the top but I
will remind everybody if you want to
speak you need to raise your hand and on
a computer it's on the right hand side
and then on your phone at star nine
all right thank you very much let's go
ahead and pull the council item 52
County yes Posen yes boss
yes gray yes Westergaard yes Mandelbaum
yeah
Gatto yes your honor that 7 yes motion
carries great let's move to item 53 it's
on a proposed amendments to the approved
zoning ordinance in Chapter 134 of the
city code relating to lodging short-term
commercial rental uses this adam was
continued from February 24 2020 council
meeting a is a first consideration the
ordinance above and B is the final
consideration the ordinance above the
waiver is requested by Chris Johansen
Community Development Director but it
requires six votes and let's see any
comments from our council members as we
open the hearing Josh yeah and I know we
have a lot of discussion on on this in
looking at it there there are several
items that I'm gonna want to have
continued discussion on or that I have
concerned with and maybe a potential
solution one of which as we talked about
the this idea of amnesty for existing
short-term rentals that have not been
following not been following the the law
today and that's where this idea of or I
think the language in paragraphs 10 and
11 allowing for anything any application
prior to August 30th 2020 to not have to
follow the density requirement
which is the 700 feet and I've got
concerned that the way that is drafted
is too broad and would like to see us
get the balance right that that still
provides some protection for the
neighborhood if we want to go down to
the amnesty path and so I'd like to see
us add language well one removed the
language about August 30th 2020 after
August 30th 2020 in paragraph 10 and 11
and instead look at language that would
allow the Board of Adjustment and say
they may provide a variance from the
requirement of separation by at least
700 feet if an applicant meets the
following requirements one files an
application prior to August 30th 2020
which is similar to what what is there
before to demonstrates the property had
previously been used as a short-term
rental by providing proof of payment of
taxes consistent with the requirements
in paragraph 7 of this section and 3 has
the approval of 50 percent of the
property owners within the 700 linear
feet and if if that language doesn't
work then I I'm not in a position to
support the the provision and I just
want to see the see after August 30th
2020 removed so so that's that's the
first issue that I've identified based
on the drafting the second piece is we
have a couple places where
owner-occupant
is is referenced but I think we've
released in the current version taking
that definition out of the out of the
red line version so the definition of
owner-occupied
struck and I think we need that
definition I to actually just go back to
the the definition that that's already
in there but I'd also be willing to
change owner-occupant from 245 days to
185 days because I think I as long as
someone is is meeting the residency
requirements and is there for at least
six months in a day that to me is
deficient for an owner-occupant
and then the third issue that I've
identified was something that I think
the Planning and Zoning Commission
recommended and that we've heard from
neighbors and that's to change the time
period of Zoning Board of Adjustment
review from ten years to five years and
I think all those things are things that
we discussed and and that I would
ultimately like to to see in in a
version but I wanted to put that out
there at the beginning of this process
so that folks could provide provide
input along those lines but I wanted to
say that I intend to make a motion along
those lines if I get depending on the
input from folks Jeff I'd like to ask
you quickly to make a comment based upon
what has been published and if we make a
real significant amendment do we have to
start over and republish after we review
and make revisions to all this
[Music]
excuse me Your Honor yes you're
absolutely right if if if the changes
are substantial or significant them then
we would have to start over I would want
to see the language that the cast member
is proposing you know we use the term
owner-occupied but don't have the
definition in there maybe more I don't
think that's I don't think that's a
change that would require starting over
and I'm not sure that the changes that
are proposed regarding the 700 that the
amnesty distance for those that are the
operating would require it either but I
definitely would want to look at that so
my suggestion would be if if the
amendments acceptable to Council that
just be the first consideration would be
and then and then we'll look at it and
look and look for detail and make sure
we don't think that that we have to
start over okay I see a one member of
the public but two three council members
that that have their hands up if council
is okay why don't we let Brad Padre
speak grow quickly and then we'll move
be councilmember Gatto one moment read
one moment I make sure he's under unit
he is now Brad you're okay don't speak
but I can you hear me all right thank
you City Council for taking a second to
hear me out simply just right off the
bat you know we've been all debating
this for a very very long time
I'm here to say that several people have
already dropped out of Airbnb due to
coronavirus if there's concern that
we're gonna continue to you know buy up
properties over the course the next year
that's definitely not going to
happen if mr. Mandelbaum is looking to
find ways to limit the growth of air B&B
now is absolutely the best time to do it
the property on Harwood but in the
source of a lot of consternation is up
for sale they are trying to get rid of
it so bear in mind that when mr.
Mandelbaum says and hears from neighbors
he's really speaking about a literal
pocket of the neighborhood I don't think
any of the other council members in the
same way so I would really encourage us
to you know the longer we kind of hold
out about this the longer that you know
us investors and motors kind of struggle
with recovering from coronavirus so a
lot of people have already dropped out a
couple people are still hanging on
myself and a few dozen others but
there's gonna come a real bad time where
if we don't get you know good answers
from City Council we are gonna lose
faith you know me personally I'm already
looking at other cities and kind of
backing out which might make some people
happy but I will be taking my money
outside of the city which is not good
considering how badly you know everyone
needs investment now so thank you for
listening to me I think finding a quick
solution is a great way to do this and
again the house on Harwood's up for sale
those those folks went out and so do you
know a bunch of other people and a bunch
of other people already bailed so thanks
for listening to me and that's all I
have to say thanks Bread Joe mayor
there's some other people that want to
speak so let the public speak and then I
can speak down for that that's alright
with you yep I'm gonna quickly ask
councilmember Westergaard she has a
comment and then we'll go on to David
right I do I do have a comment mayor and
what I would like to say is you know
we've been working on this for literally
more than a year and we've had workshops
we've made changes you know we we get to
the council table and we think we've got
it right and then we want to do more
changes I'm not going to support any
additional changes to this wouldn't vote
for tonight as is but I'm not going to
vote to make changes I remember
very specifically city manager Sanders
said this is the works and project in in
process if we want to make changes we
can always bring something back but
these that are trying to do short-term
rentals that are trying to be good
neighbors in our neighborhood and I'm
not aware of any short-term rental
person that's not a good neighbor in in
my neighborhoods anyway and I don't hear
from residents with complaints I've
heard absolutely nothing so I I'm not
gonna I'm not going to support any
motion to make any changes let's get
this past tonight as is and if we want
to make changes then we can bring them
back and discuss it but it's not fair to
the public to keep keep bringing this on
you'll look at it online and then and
then we get to vote and then we want to
make changes again that's simply not
fair to our citizens that's all I have
to say
all right thanks Linda it looks like our
the next hand that was up was David
slurring and then we'll go to
councilmember boss and then do Diane
Graham David hi good afternoon mr. mayor
members of the council hopefully you can
hear me okay yep
yeah I just want to raise one point and
I've sent a message to Josh and I know
Carl Voss was part of the conversation
as well and I brought this up with the
recent Planning and Zoning and it really
has to do with the fact that we in
Sherman Hill at least I've always said
that if you're an owner-occupied
short-term commercial rental we don't
care how many there are in our
neighborhood we support that and as the
the ordinance is currently drafted we're
sort of lumping owner-occupied
short-term rentals along with everything
you know
we're putting a 700-foot encryption on
those as well so one potential
modification that I would request of
this to remove that 700 foot restriction
from owner-occupied Airbnb we don't care
how many of them we have in our
neighborhood I haven't heard any
complaints from anyone about ona B's
most of our issues have been around the
ones that are non order occupied and we
do support the stuff under foot
restriction there so I think we've kind
of overshot the target a bit and that
would be the only additional request
that I that we would have from from
Sherman Hill thank you good thanks David
Karl sure maro County and Jeff are there
just review that I think Josh had three
changes and/or suggestions which of
those would be insignificant enough that
we could carry through with this evening
the evenings vote and if the other
council members would adopt those and I
think one might be to define what owner
occupied by the number of days
is that insignificant enough that we
could still vote on this so that's a
question for Jeff oh this is so man cut
mayor and council if I could quickly
interject shoo and jump right in very
definition in the code is it was passed
on 1216 of 19 that says that the
occupancy is 120 days of years the owner
is not present so we do have a
definition for owner-occupied based on
number of days already in the ordinance
but maybe that would help Jeff think
about the question from the legal
perspective to Ann could you provide
where where in the code that is so I can
make sure we're 19 so that is the
current code on the books yeah but this
version strikes that out right yes so my
question to Jeff is if we leave it in
and we don't strike it out is that a
minor amendment or a major amount that
would have to go back
DNC and Sue Ann I think you're referring
to paragraph 15 and that that's actually
referring to the number of days they
could rent it I think the language in
paragraph 10 and 11 it's just a sentence
that struck out that is talking about
the 245 days annually but you could but
you could say that as long as they live
there the 245 days that's what's
considered owner-occupied which I
believe is what you're trying to get at
is some definition correct in terms of
the major or minor significance and
impacts because we already used the term
and it stays in there in paragraph ten
as owner the short-term rental shall be
owner-occupied it's in that district so
I'm not concerned if counsel wants a
more specific definition I don't think
that's a major change that's just a more
specifically defining it for the party
in the ordinance though that that stick
Euler one I'm not concerned with what
I'm concerned what I'm concerned with
and what I'm gonna want time to look at
is what the parallel to answer your
question John society by he had language
he wanted to suggest I don't think
conceptually but I'm I'm terribly
worried about anything getting to that
point of being a significant significant
exchange yet but depending on what the
language is because I understood John's
to say that he wanted to remove language
in paragraph ten and eleven so I've got
to be able to see that language to be
able to say that yes it's okay or no
it's not
well Jeff while that's being discussed
is is an insignificant if the period of
the permit was reduced from 10 years to
five years that's a lot tougher question
on the one hand you you have a situation
where it's it's cutting cutting the
permanent time in half so that that
might seem to be rather significant on
the other hand it's actually reducing a
specific turn
Numerical term while it's reducing it by
by half you know I think that you could
get some argument that that is
especially from the short-term rental
owners the difference however is the
it's generally if it's the same topic or
subject matter
and it's a gradient change in my mind it
would be a lot easier to defend just for
example not that I'm concerned that we
can't defend it but it would be easier
to defend going from 10 years to 7 years
than 10 years to 5 years because there
there becomes a argument as for that
basis but when you're cutting it in half
that's significant on the other hand
you're still giving people 5 years of of
time to have the permit well I guess it
would depend on whether or not you know
assuming that they can reapply for an
additional 5 years I if they have that
you know that that they can get the
additional 5 years from the Board of
Adjustment I haven't lost concern about
that so you're saying we can do a 5 year
and then they can go back and ask for
another 5 year you're not as concerned
with that correct yeah that's I mean if
it was you get it for 10 years but and
instead counsel wants to do 5 years
right off the bat and then and then
during with the understanding that
assuming everything goes okay they can
get another five-year term yeah that's
you know then then you're really just I
would argue on counsels behalf that it
becomes a question of gradient and and
so that that makes makes me have less
concern if on the other hand it was you
only get 5 years then that's more of a
problem
yeah the intent was the the former the
first piece you mentioned five years and
then you could get another five years
you know I'm sorry if I wasn't clear
about that and this is Westergaard I
would like are you calling on me Kay I'm
sorry no this is Sue Ann and when you're
done council member I I had a comment on
that you know it's a conditional use
permit this is Westergaard speaking give
them the ten years because for somebody
who's who has to worry about financing
and insurance
you know to just say five years I'm not
sure that that many banks are or lenders
are going to be happy with that
for somebody who's getting a loan for an
investment property so I'm I'm going to
advocate that we leave it 10 years if
it's a problem after one year we can
hold the permit if it's a problem after
two years so I don't I don't see what
what the difference between I don't know
why the urgency to change it to five
years keep it in ten so it makes it
easier to do business in our city and if
there's a problem
it comes back anyway let's go back to
protocol did that question get answered
and if so let's move on to Diane
grandma's header and up for a while
Diane oh I just was waiting to be
unmuted Thank You Diane gram 6:35 46th
Street Thank You mayor and council
members for the chances of me just a
reminder I have three properties in our
Ingersoll Park neighborhood that have
been advertising on Airbnb and there's
one next door to me I am really asking
you to support both the plan of zoning
Commission's recommended five-year
conditional use permit and for the
immediate enforcement of the 700 foot
separation the so called density
provision the five-year permit which
would still be the most generous I've
seen in any city in the country and the
700 foot separation pool are both
crucial protections for our
neighborhoods dealing with these
businesses you go back to the last major
changes that were presented in late
December and I argued them that condos
and apartment buildings had young city
caps but single-family neighborhoods
didn't this 700 foot separation which
came out of your April work session
sounded like the answer to that so
please don't turn around now and put it
on a shelf for the summer just when
people start applying
I'm talking about what you've been
calling the amnesty
nobody's been able to tell me how many
locations might actually have problems
with the 700 foot separation but for the
few that I've heard of I would argue the
Board of Adjustment could just grant a
variance for those especially if
neighborhoods like them and don't mind
having them close together I also could
definitely support column number meadow
bombs three pronged proposal tonight
with the 700 position and limiting it to
the existing rentals but require the 50
percent approval the property owners
that would be fine too
I do want to stress that a city staffer
recently told the plan of Zoning
Commission that neighbors like me seem
to think without the 700 foot rule
short-term rental owners are going to
get a free pass not at all what I do
think is that we were counting on you to
add density protections for our
single-family neighborhoods just as a
majority of you pledged you would do
back at February's public hearing and
with the exception of the very welcome
improvement in parking rules that we
suggested at the work session by
councilman gray this separation
requirement is the only new protection
from my neighborhood that came out of
the work session now I want to say that
an overused comeback to objections like
ours has been that this is a living
document that can always be amended but
you know those amendments aren't going
to apply to any existing short-term
rentals they'd all be grandfathered in
another overused comeback is if there's
a problem with a short-term rental the
Board of Adjustment can just pull the
permit but how big a problem when it has
to be before that really happens in the
meantime neighbors get to become the
snitches reporting every violation over
and over and hopes of building a case
that might result in pulling the permit
so I just want to end with a quote that
councilmen Mandelbaum used in February
that was if you want neighborhoods to be
more welcoming the Airbnb ease you need
to give us something to protect the
neighborhoods we love yes help us
protect the neighborhoods we love this
ordinance states in its first paragraph
that it's supposed to address the needs
of the neighborhoods so let's put some
must
behind that please support the five-year
conditional use permit the additional
parking and yes the immediate
enforcement of the 700 foot rule please
keep your pledge to the neighborhood
Thank You mr. mayor mayor yes if I could
make a statement later
Tsuen I think you oughta make a
statement right now as far as was the
variance but she refers to variances are
difficult for the board to give it has
to prove that there's no other economic
value for that for that structure that
would be impossible to prove just to
give them a variance so it's inaccurate
to say the board could just give them a
variance of some people like it okay mr.
man now I think everyone's spoke that I
was gonna listen to speak so I
appreciate everyone's comments we've
we've been down this road for over a
year and a half now and we had a
February 20th we had a workshop we
talked about what we wanted to do
there's one legitimate change in there
that's probably not going to muddy the
waters too much is the five-year with
the additional five-year I would agree
to that I think that's a I think that's
a legitimate thing to ask for and so I
will make a motion with that in there to
move 53 and 53 a and having the
additional changing it from five years
to to have five years and then an
additional five years you have to go
back to the Board of Adjustment that's
why we have a motion mr. gray it looks
like your hand is up Thank You mr. mayor
and then this doesn't have to be part of
Joe's motion but one thing and I asked
to end this and I put a question to the
council in the questions this afternoon
one thing I would hate to see happen is
if we let the short-term rentals come in
and then we incentivize them either
through the neighborhood finance
corporation or invest DSM where we're
using taxpayer dollars to help a person
build a home so they can run a business
I just wanted to get somewhere in there
they were somebody can take a look at it
and say what if this doesn't make sense
let's not do this you know that's
putting taxpayer money to use in the
wrong way
now I'd hate to look at a fellow
resident and tell them yes we and we
voted this through and guess what you're
going to help fund it with your tax
dollars so I just want to put that out
there so that we think about that but
before this thing gets finally put to
use let's use some common sense and
judging how would I get this death okay
can list your guards say something yeah
we've got a couple other citizens that
have their hands up well and I saw that
question on the on the City Council vote
sheet NFC could not would never loan
money for a rental when you go to NFC or
some of these places even if you got an
FHA loan
you cannot rent your property for any
days zero it is in the it is in the
mortgage that you cannot rent it
but invest dear Sam Linda we can do for
Reynolds yeah but I think I think with
Carl and Connie and the mayor on that
committee I think that those rules can
be adjusted in invest ESM and give
direction to amber that that that won't
happen I would agree with you a hundred
percent no I I would agree with that I
didn't know that invest ESM was doing
that I know
NFC FHA none of the government programs
will cover any kind of a and you can't
rental you can't rent a single-family
home thank you clarification all right
let's uh Carly Hamilton your hands up
[Music]
Carly I think you're you're ready to go
yeah um Carly Hamilton 6 7 8 45th Street
I want to thank you council members in
mayor mayor for taking the time to
thoughtfully look at the balance of
regulations those that favor short-term
rentals and those that protect the
impact of these many hotels on
residential neighborhoods three items
will do the most to help those of us who
live next to and near Airbnb ease for
365 days a year and just because a house
is for sale does not mean it will not
become a short-term rental because that
is exactly how 44:20 hardwood Drive
became a short-term rental it was for
sale first one let every neighborhood it
not just Sherman Hill be able to decide
if it wants only owner occupied
short-term rentals in their midsts many
people from Ingersoll Park spoke at
zoning enforcement sponsored meetings at
Planning and Zoning Commission meetings
and City Council meetings
Ingersoll Park has also emailed the
mayor and select council members and we
did not and still don't have a working
neighborhood association but many of us
voiced our objections to the non-owner
occupied short-term rentals it wasn't
just Sherman Hills and we would like in
consideration five years and no more on
the lake of a conditional use permit is
very important ten years is not needed
by financial institutions if you want to
have a short-term rental that in
breakfast owners don't get that from the
city I spoke to many many financial
institutions they do not require it even
look at it okay five years and no more
so that neighborhoods can consider how
this commercial business is working in
their neighborhood
please no amnesty for the 700 foot
density this is one of the few things
the City Council has given neighbors and
by negating the 700 foot density for
three months to anyone who wants to
reply to being a short-term rental is
really a slap in the face I support with
with what Josh mandelbaum has proposed
this evening so I'm asking you to
consider those three items and I thank
you very much all right thanks Carly
Josh I see your hands up and then Carl
and then looks like Brad's hand is up
again yes well I'm gonna since
there's now a motion on the table I'm
gonna ask my fellow council members to
vote no so that we can address the
policy in the right way and I'm not
willing to vote for this one of the
things that we had not seen prior to
this meeting was the the amnesty
language that we talked about in a work
session and the way that language was
drafted in my opinion was overly broad
and not something that I could support
and we were waiting to see that language
I tried to come up with a solution that
I think is consistent with the concept
so not not a change but I'm also willing
to wait to the the second or third
reading of this so if we need to get
this right I would like to see I would
like to see those those three pieces I'm
also willing as they've ashlar Minh
mentioned I would be willing to look at
language to create some sort of option
for an exception from the 700 foot rule
for owner occupied but again I would
want to see the neighborhood protection
or checks written into that eye but just
trying to - ran this through I'm not
just no one's ramming anything
okay stop it here stop it don't say that
the what maybe that was a little
interval but to say to just get this
done tonight because we've spent so much
time on this the whole point is to get
the language right and when you when you
try and stifle the discussion on that it
makes it harder to get it right and
build consensus and I'm not comfortable
voting with this so I'm gonna vote no on
this motion and I encourage others to do
so as well so that we can get the
language right because we didn't have
that language in front of us as a work
session okay that's kind I have been
trying to speak for quite a while but
I'm a disadvantage because my internet
is down so I'm on the phone
I am I also AM NOT good with this motion
because of the amnesty part to protect
the neighbors I think that was the one
thing we I was looking for so I don't
like the dates in having the date and
giving the amnesty so for that part of
it if we can't change that minimum part
of it then I can't support it I think
some of the things I appreciate that
we've been working on this but once you
pass something it's much more difficult
to modify it and we have a chance to get
it right and quite honestly everybody's
still operating without you know these
regulations really on them too much so
as far as those are the one criteria
that I'm pretty strong on that I can't
support it if it's not going to change
yeah Connie would you clarify exactly
which ones
it is adjourned
what we have the date where this amnesty
basically that anybody you know just
because you've had it that's the main
one for me that you have until August
thirtieth is what you're saying right I
believe everybody's had plenty of time
to operate and had opportunity that
everybody needs to go to the correct the
process is laid out they go through the
board of adjustments and just because
you've been one doesn't mean you have
like that one somebody else or whatever
that makes sense okay then you get that
one go ahead twin mayor council I
understand that concerns about the
amnesty but I also understand the
concerns from staff and probably the
short-term rental is how do we manage
who gets the 700-foot benefit and who
if they're across the street from each
doesn't
other is it just gonna be a race to
whoever gets into the door fastest but
they get the they get first and then the
second one doesn't because they're not
gonna meet the variance test there's
gonna be they can't meet the variance
test for the Board of Adjustment how you
really want to handle that how you want
staff to handle that well I would say
I'm comfortable with the race because
that's nothing that stops anyone from
applying today you could have your if
you wanted to apply you could you could
get your application in and there are
some that have taken advantage of that
and are sitting and waiting so they they
will get the benefit if you don't do the
be allowance that others who came in
holding back to wait for the ordinance
to be totally done they've held back and
now you're putting them in a
disadvantage yeah I agree with you
suanne that that seems like a problem to
me
you still have to have known it you know
that go ahead well what if we just
dropped we just knocked me amnesty
language out of this I think that would
clean it up let the chips fall where
they may and let's les we've already
agreed two to five years with with with
a renewal just said that would be okay
that's a minor change the other changes
to define how many days is a
owner-occupied if we knock the amnesty
on yes let's just do that and get it
done I don't understand what that means
Carl well let's see if I get that shoot
I gotta get the length just I think at
one time Josh was considering a proposal
just the legal language that the colonel
is talking about is removing the three
words after August thirtieth 2020 that
are in paragraph ten and paragraph
eleven I think that's what Carl was
talking about that's what I was talking
about just go that route and so so
explain to me if there's two of them
which I don't know there's two of them
within 700 feet right now
and they go apply both of them go apply
only one of them is gonna get it and the
other ones not gonna get a variance so
tell me how that works
Joe they're operating illegally now I
mean we were not coming to agreement so
we got to do something so I've got the
motion out there let's just vote and
then you guys can make your motion and
it we're never the seven of us is never
going to agree with with this ever and
we've we've wasted ninety months and
staffs
it's never going to happen so sometimes
it's going to be a 4-3 vote or a 3/4
vote it's okay I mean it's nothing
personal but just to say that I'm trying
to stifle discussion in an artful is is
rudely mistaken and I do you take
offense to it
Joe just for a clarification you moved
fifty three and then three a but not be
correct that is correct okay we still
have other hands up Brad you had
something else you want to say here yeah
I would like to say hi thank you very
much mayor real quick I'm totally I
think me and this are the short-term
rental owners are totally fine bringing
it down to five years
totally reasonable I think we want to
get this done as you know and get
ourselves set up as quickly as possible
I think the amnesty is important I think
that you know obviously you know I do
believe that you know that the stifling
discussion happens whenever we come to
the table every meeting every workshop
I've heard this decision though
everywhere and I represent far more
people than the people who are
detracting from this and I do have their
signatures and I think they'd also be
very disappointed let's just recall that
meeting that I brought
I brought 45 people in there they
couldn't even all speak at least people
from all around the city and their lives
are gonna be affected by this shut
things down I think a good compromise is
making the amnesty much shorter making
the amnesty much much shorter your if we
vote on it tonight we make the amnesty
June June 15 because that means that the
people who are on the ball get in and
that means that the people are off the
ball yeah they're gonna get screwed but
that is what some of these people want
some people in City Council and some
people who are citizens they want to see
this platform ruined so that's gonna
ruin some of them so my proposal I don't
know if you like it but we do five years
totally fine and then you simply reduce
the amnesty to a much shorter period so
that people can't sneak through said the
people who are the good neighbors the
ones in communication with me and the
other leaders they know what's up people
who are operating off the radar they
will get screwed okay that's all I have
to say have a great day
it looks like Linda and Josh still had
their hands up so Linda do you ever come
in here I I just I appreciate what sue
and Donovan said and I really urge us to
follow what Sue Ann is sad Sue Ann has
worked very hard on this we've got an
amnesty date in there let's leave it
alone I just encouraged I encourage my
council members to support this well do
the one change that that has been made
in the motion but let's just leave the
amnesty alone it's it's we have to make
it fair for all of our residents and
this is the best way to make that happen
okay Josh your hand is still up and then
Jo you've got a motion and I will have
to figure out whether or not you're
gonna leave it as is or change it at all
yeah I'll make a copy josh is finished
okay so so so first a point of
clarification Jo when I use the term
inartful I was referencing my choice of
words previously not in saying stifled
because I didn't mean that you were
trying to stifle or ramp ram through my
choice of words was inartful what I'm
trying to say and what the proposal was
designed to do was to address the
concerns that Sue Ann raised about the
zoning or about the amnesty without
completely eliminating it and and that
is if you get your application in you
demonstrate that you had actually been a
short-term rental by by showing that you
had paid taxes using the language that
is in paragraph seven
I just wanted to reference because we
require that demonstration under under
our our code already we're going to
require that demonstration I was just
going to require that as a condition of
being granted the amnesty and then there
is approval of the property owners
nearby so that's how you
choose you don't avoid if if folks are
supportive of having multiple short-term
rentals it avoids this problem
altogether of having to choose who goes
first and it provides the neighborhood
that protection in the amnesty process
so I was trying to craft something that
that that was something that everyone
could live with but if we're going to
have to vote on this resolution I'm
happy to vote it down and try and try
and get that get that compromise in the
future okay honey I can't tell if you
have a hand up or not it doesn't show if
I did because I have it I tried to do
that start9 needs to be some way to
protect that I don't want to short buy
it some people want to have two words
written in their neighborhood that's
great
I just think having that date or the
amnesty part I think we need to have a
few more conditions I think there's also
if they're in good standing if it's not
about first-come first-serve they
thought that have 50% you know the
neighbors might turn them all the
criteria but I just think that
everybody's been operating without all
these guidelines for a long time and I
think that if the neighbors in to the
point
bought up and the neighbors need some
coffee some neighbors want to have
that's great and if they want to limit
it and there's been problems which in
some neighborhood there has been some
price and it's not to cut out they're
here
we know that we just want to make sure
and my concern is when we pass something
that we passed something that is as good
as we can get for as many of the people
we're not going to play all ends I get
that but I do know that once you pass
something it's much more difficult to go
back and probably amend it than it is
just to get try to get it as right and
take the time now
go ahead Joe mayor as far as the embassy
goes why don't we just want to change
the date until the final reading would
be completed which is two more council
meetings so if we made it July first I
would think that that's a compromise
instead of August
whatever Sue Anne had it down August
20th August 30th what why don't we just
make it July 1st that's when if we would
vote the first grading and the second
the third reading over the next two
council meetings I mean it would it
would go into effect basically July 1st
so I would I would change that to change
the date to July 1st on the amnesty
piece yes within the two five-year you
get it for five years then you have to
go back and ask for another five years
everything else the staff is done
we've given direction to do that I mean
not a lot of us are having complaints
from our neighbors I know that I haven't
had any complaints from any of my
neighbors and I have the biggest square
mile Ward that there is so I mean I
understand there's folks that have feel
like they have problems with them maybe
they do maybe they don't but that's my
motion I would just let's just vote on
it see what happens
sorry so are we
is the 700 foot be still in there and
how are we doing that and we heard from
a couple of people that you know if it
was owner occupied there could be some
variance to that are we there or not I
want to be clear on what your motion is
that everything that's in there for
staff the 700 feet that's all it's all
in there the only thing we're changing
is the date to July 1st and instead of
10 years it is five years so it's
everything that
we directed staff to do the last time we
had a discussion about it after our
February 20th we add the long workshop
we decided what we wanted to do and now
we're gonna come back and we're gonna
tweak it a little bit and we're gonna do
the first reading and the ten years to
the five years right
yes five years with an additional five
years of business five years with an
additional five years you have to go
back to the board to ask for it and Joe
did you and maybe this is Joe and Jeff
to define owner-occupied is X number of
days is that a dress that I mean we
talked about it's it's in there I mean
the owner-occupied is in there it's I
don't think it's in there in terms of
what you're voting on because it was
struck in the version that is in front
of us so you would have to you would
have to amend or or make your motion to
amend to to use the language that's
already in there suanne she can't
because she's muted herself and I can't
unmute her will you do that Sue Ann okay
now available thank you oh thank you
mayor County Council I believe we can
easily just put that 120 days a year
that the owner has to live there back in
I just make sure that they use it as
their primary residence and I think
that's all we're trying to do is get a
definition okay if that's what council
wishes neighborhoods correct that is in
Sherman Hill correct that needs to be in
there that's what we talked about we
agreed to that that definitely needs to
be part of part of it if I need to make
that part of the motion I will make that
part of them
because we all agree that in Sherman
Hills it had to be owner-occupied and we
were going to meet that criteria correct
we didn't we didn't think there would be
a contribution what the definition of
owner-occupied I would have just said
you have to live in the house we can
certainly put in a time that they're
required to live in the house
I would assume that they have to live in
the house but if you guys want to make
it 120 days go ahead hey well I want to
make it at least half a year so that
it's lit they're too happy to have it a
rental but you know that's that's what
we agreed upon but if you want to make
it only six months that's fine well so
that Joe that would allow person Mike
they go to Florida during that yeah okay
win or go to Okoboji in the summer so
100 120 days is owner-occupied that that
will need to be put in there soon and
that is part of my motion we can start
when we do that everybody really motion
is now no like if we're going to talk
about 120 days it was not what was I
want to clarify that piece what the
hundred twenty days referred to that was
that is in the ordinance now is the
maximum number of days you can rent it
out 245 days is the number of days you
have to live there for it to be
owner-occupied I think we are talking
because 120 days is you would only have
to live there for months of the four
months of the year I thought we were
talking at least half a year which would
be a hundred eighty five days we want
them to live there we agreed that they
would live there half the year so if
that's a hunter
in 85 days sueanne can you can you
strike my hundred and twenty days and
put it in there six months a year or a
hundred and eighty five days or 186 days
if it's a leap year certainly okay okay
is everybody clear on what we're voting
on now mr. Lester is going to tell us
yes your honor
just to make sure that I've got this
correct my understanding of
councilmember Gavin's motion would be to
approve 53 and 53 a with the amendments
of ten years to five years but and
opportunity to go back to the board for
an additional five years at the
conclusion of the five year period 180
days of owner occupation of the of the
home we switch that is six months to six
months okay six months and then changing
it sherbet heels correct right okay okay
and changes changing the amnesty day to
July 1st from August 30 yes that is
correct you have it right mr. Lester
thank you thank you okay let's we have a
motion on the table and we've discussed
it I would like the clerk to please take
role gladly County yes Posen no boss
yes
gray Westergaard yes mandelbaum no God
oh yes so that would be five yes - no
motion carries
okay and so we are going to hear this
back again on a another vote at the next
meeting okay
all right let's move on to item 54 item
54 is on East 29th Street rehabilitation
from Easton Boulevard to Euclid Avenue a
resolution approving the plan
specifications form of contract
documents engineer's estimate receive
and file the bids and designating the
lowest responsible bidder is Grimes
asphalt and paving corporation Timothy
Mellon code President four hundred and
ninety six thousand seven hundred and
twenty one dollars and 63 cents council
communication number 20 - 218 a is
approving the contract in the bond and
permission to sublet let's go ahead and
we'll open the hearing and anyone on
council have any comments on this he's
29 sheet rehabilitation
seeing none anybody in the public have
any comments on this there are none your
honor
all right seeing none can we get a
motion yes sir I would make a motion to
450 450 for a all right thank you
would you pull the council blades County
yes bozan yes boss
yes great yes Westergaard yes ma'am a
bomb yeah got him yes your honor that's
seven yes motion carries all right item
fits five in the 2020 Municipal Building
rear off a resolution approving the plan
specifications form of untracked
documents engineer's estimate and then
receiving the file the bids and
designate the lowest responsible bidder
as central states roofing company mark
in chanson president two hundred and
twenty two thousand two hundred dollars
council communication number 20 - 219 a
is approving the contract and bond and
permission to sublet go ahead and open
the hearing on this item anybody have
any comments on this the 2020 Municipal
Building reroofing I see now mr. mayor I
moved fifty five and fifty five a
alright Pitts 555 a has been moved I
don't see any comments you Kay no there
are none
all right would you poll the council
please County yes Bosen yes boss
yes great yes Westergaard yes ma'am a
bomb yeah gato yes your honor that's
seven yes motion carries
item 56 is on River Bend and King Irving
sewer separation phase 3a
resolution grooving the plans
specifications form of contract
documents engineer's estimate receive
and file the bids and designating the
lowest responsible bidder is Ronis Corp
Warren K Rogan is president 1 million
one hundred and fifty four thousand five
hundred and fifty nine dollars council
communication number 20 - 224 a is
approving the contract and the bond and
permission to sublet let's open the
hearing on this item counsel any
comments on this Riverbend King herbing
sore separation seeing none anyone in
the general public have any comment on
this project
I don't see any your honor
well sing mayor this is a the continuing
saga of River Bend and King Irving sewer
separation we hope to see the end of
this sometime soon but I'm gonna move 56
and 56 a and proudly point out that
there are no sense at the end of this
bid so oh this is a good clean one thank
you for pointing it out all right would
you pull the council please yes yes
County yes Posen yes boss
yes gray yes Westergaard yes Mandelbaum
yes
Gatto yes your honor that's seven yes
motion carries
all right that completes the hearing and
let's note that it's 619 and let's
quickly go back to item 43 which is
defending chapter 2 article 6 cross
references relating to boards
commissions and agencies by eliminating
the citizens odor board and odor Appeals
Board Council communication number 20 -
228
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let's go ahead and open the discussion
see if anybody has any comments on this
mr. mayor I would move item 43 all right
item 43 has been moved any discussion by
anyone I would just make one comment
that you know there are continuing odor
problems on occasion around the city and
I think citizens need to know to whom
they need to turn to make those
complaints and enquiries and try to
figure out how it is that we get
resolution would you go ahead and pull
the council please County yes bozon yeah
yes great yes Westergaard yes ma'am upon
that excuse me yes yeah okay I did hear
you very clearly sorry Gatto
yes your honor that's seven yes motion
carries all right item 44 for those of
you that get your pencils out this is
amending sections 42 - 3 0 142 - 3 0 3
42 - 3 0 542 - 3 0 642 - 3 0 742 - 3 0
842 - 3 0 9 4 t 2 - 3 1 0 42 - 311 42 -
3 14 3 4 42 - 317 and repealing 42 - 313
42 - 315 and 42 - 316 these are relating
to odor control nice work there yeah
let's everybody open it up and see if
anybody has any
comments about all these sections
relating to odor control I seen down
there I'm 44 all right 44 has been moved
see anybody out there one this may come
in on this no your honor
all right go ahead and pull the council
please County yes Posen yeah ah yes gray
yes Westergaard yes mandelbaum yeah
Gatto yes your honor that's seven yes
motion carries all right thank you all
that brings us to an end of our agenda I
want to thank you all for doing
everything that we can to help protect
our citizens let's all stay safe stay
healthy try to stay home as much as you
can
social distance and let's keep
protecting our family and our friends
and and hopefully we're gonna get by
this this kovin could somebody give me a
motion to adjourn
well all in favor say aye
opposition hearing none we sit adjourned
thank you all
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