5-18-20 City Council

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

doesn't

if they're across the street from each

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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