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HomeMy WebLinkAbout02-09-17 INC MinutesTHE INTER-NEIGHBORHOOD COUNCIL (INC) MEETING OF BOZEMAN, MONTANA MEETING MINUTES Thursday, February 9, 2017 Attending: Jennifer Rockne (South Central) Kathy Powell (UNA), Joe Genovese (NHVN), Jack Tyler (Flanders Creek), Dave Chambers (NENA), Lisa Prugh (Cooper Park), Ginny Cowan (BCNA), Gail MacMillan (BPNA), Evette Allison (MarLin), Maddy Weisz (VUNA), Leeann Fellows (Flanders Creek), Dave Gibson (SENA), Eli Anselmi (LGNA) QUORUM Present Jessica Johnson (City’s neighborhood coordinator) Michael Bachich (Bozeman Police Department) Dick Canfield (3rd St., member of SCAN steering committee) 4:30 Jennifer convened the meeting Large conference room at the Library Changes to agenda: Bob Wall, secretary out for a few months. Maddy will take minutes while he is gone. No presentation from Officer Carson Taylor present FYI before special presentations Public comment: 1. Richard Canfield: Article from Bloomberg – Prying Eyes are Watching. Is Air BnB reducing affordable housing? Taking units off market for people who want to be long term residents. a. regulations need to be addressed; enforcement – costs should be covered by owner; R1, RS are for single family households. 2. Francis Ohman, from Cooper Park – has a short term rental. There’s always some sort of problem with your neighbors – college students, short term rental, etc. We should live in unity - her rental is supplemental income. 4:40 Reviewed Jan. minutes. In Jessica FYI, the reference to “task force” should be changed to “public meeting”. Dave moved to accept as modified. Eli seconded. Motion passed unan- imously. Mayor’s FYI - Mobile vending in front of city council next Monday - Last Monday, addressed whether city of Bozeman should be sanctuary city. 280 emails, several phone calls, etc. o Topic fraught with problems – one is there’s several definitions of “sanctuary city”; his goal is not to shy away from problem but to put them in perspective. o Mayor will read a proclamation at next meeting: Since 1994 we’ve been a city who celebrates diversity and that is safe; he won’t take up the issue of sanctu- ary city but will continue what we’ve been doing which is to keep everyone safe and provide services without question about status (immigration or oth- erwise). Encourage people to interact with police without fear. Most of what was in draft resolution, we already do. o The Sanctuary City piece puts him in a position of becoming too political. No support or demand from other commissioners to do so. o Don’t know whether the issue is over (from proponents or opponents point of view) o We aren’t doing any duties other than what we’re required to do under state constitution, united states constitution and city charter. - Moving into budget time. Appreciated INCs presentation to commission. Keep your eyes on the budget, in March/April there should be an update on budget. - Comment from Eli – need to enforce the law. New Parking Program Manager – Ed Meece - four parking enforcement officers manage surface lots, parking structure, parking zones in residential neighborhoods. - Contact desk 582-2903, cell 579-2494 email emeece@bozeman.net - Trying to build relationships between parking and neighborhoods Questions - Kathy: sororities and fraternities – do they have an allotment of hang- tags for parking on the street? Jessica – same as a house: two fulltime and two visitors. rest of parking has to be provided on site. - Lisa: are parking enforcement officers full time? Yes all four are full time. - Jessica: who enforces parking when the parking team isn’t working. The police 582-2000. - Canfield: Is parking in long term rental unit a shared responsibility? If there’s a parking problem, should the neighbor complain to the land- lord or the tenant? If you’re comfortable, start with talking to the ten- ant, if not bring it up with landlord. If it’s on public property call park- ing enforcement. - Joe: responsible for parking on streets? when snow piles up and hard to pass? It’s a shared responsibility with public works. Try to be ag- gressive about making cars move every 48 hours. o what do you do if two cars can’t pass? Bring it to their attention and they will decide whether 1. they have jurisdiction and 2. what their options are to address it. FYI from Jessica: - Next Wednesday there will be a strategic planning meeting at Wilson 6:30-8:30 pm. The overarching messages that will determine what happens with city going forward. - Interim moratorium on STRs – granted for another 6 months - New neighborhood association: Midtown – N 3rd to 15th, between Main and Peach/Durston. Mark is trying to form a neighborhood association there. Preliminary meeting 6pm Thursday at high school. - Update from police – accepting applications for citizen’s academy. Learn what the police have to deal with. Stopping cars and seeing how citizens react. Meet on Wednesday for 10 weeks from 6:30 to 9:30. Go on tours of law and justice center, shoot taser, etc. What is the objective – you get a certification, helps understand how the police work, and learn what each of the divisions do. o police have made an arrest in the car break-ins, recovered fire arms still looking for other offenders - Next month economic development team will come in and talk about tiffs (?) - Jack wants to bring forward an idea of notification system of nearby property owners for development projects. - Compiling the history of the neighborhoods program in Bozeman. ex: NENA formed in 97. Jessica has a lot of information to share. Anyone intereste din taking this on? 5:10 Action Items: INC Letter to City Commission - Working group has tried to take into account both the costs and benefits of STRs - Benefits both the owners of the rentals, and the people visiting from out of town but there can be significant costs to neighborhoods. Discussion of current items in letter: - Definition in City Code – “extended stay lodging” – should be changed to STR;  Should having a kitchen be part of the definition? Currently up in the air, there will be a discussion about it – topic of conversation, room to make a recommendation.  Working group thought if you rented a room in a principal residence, doesn’t fall under def of STR. Primarily because it was assumed that the owner would be there.  There’s a difference between having owner on property and not having an owner on property. Not having an owner on premise is where neighbor- hood problems arise. - Where to allow STR? o principal residences only o what’s a principal residence? – where you reside the most during the year, how to prove it – tax returns.  Question – is it in code? Kathy didn’t find it. - What zoning district should allow STR? Different opinions even within the working group. o 3 different options  A – allow in all zoning districts  B – limited number in R1, R2, and RS – how to limit? days per year, lot- tery, CUPs, require owner to be on site. • planning department is looking into how to set a cap, Jessica will be updated on Tuesday  C – none in R-1, limited in R2 and RS - Discussion o One INC rep bought his house 40 years ago, has been investing in it, has certain expectations, thinks STR in R1 is detrimental to neighborhood – vote for option C. o Question about 30 days or less? February only has 28 days. o Historic districts that don’t allow rentals of any kind? Jessica says not in existence anymore. HOAs may have restrictions. o If you prohibit it, what are you going to do with the ones that already exist? Up to the city. o Working group feels better about recommending STRs in all zones when it’s principal residence – more accountability and incentive to ensure renters are re- sponsible o We propose these recommendations with the assumption that city will have ade- quate staff to enforce - We can present all three with no preference, or we can communicate that INC prefers one option over the other. - Show of hands: o Option A – 5 o Option B – 3 o Option C – 3 o Option D – include ALL Options in letter – consensus. - 4. Business License – Jessica suggests let’s just call it a “License,” everyone agrees - Advertising component. No advertising on the home. City can upload list of short term rentals and put it online with contact information in case of problems and owner of property can be contacted. - 9. Notify neighbors 200’ standard – will be rolled into cost of permit, could get ex- pensive. Require in all zones? Put it in the newspaper? INC could notify the neigh- borhood? o 60 days? Too long. Let’s do 30 days. - 12. Enforcement o graduated fines? o what to do with people who have already been through CUP options? Once their CUP expires, they must be in compliance. Public Comment on Action Item - Bob Black, 1021 OConnell Drive o STR acronym – o STOOR – Short Term Owner Occupied is an option.  He is a STOOR, it’s his primary residence. Shut down in August because of ordinance. But it’s important income for people and an important option for people to get to stay at STOORs.  In regard to R1 – not anything precious about R1, should be included. - Paul House, 510 N Church o started STR in 1998, now manages STRs for 15+ other people. o agree with value in being able to stay in a neighborhood as oppose to hotel, posi- tives are all over the place o number one thing to protect is the quality/character of neighborhood o takes issue with the owner occupied requirement; locally managed is a far more important requirement. Could require a written contract showing that local man- agement is on call 24/7. The alternative is that the house will sit dark which is go- ing to have a negative impact on neighborhood. o He’s had comments from neighbors of STRs saying that they had a positive expe- rience with guests. He’d rather live next to STR than long term rental. He’s only had roughly five bad experiences in all his years of running STRs o Inspections – every three years is pretty burdensome. If home changes hands, then it should be reinspected. o 60 day comment period is fine, it takes a relatively long time to prepare, and it’s a long term operation. o It would make sense for owner occupied to have lower level of scrutiny. - Lisa – comment as an STR o Needs rental income, which means she has to rent for 30+ days this summer and has to leave the house. o Number of days that are rented coincide with expenses home owner incurs from taxes. - Kathy o Paul sounds like a responsible manager, but she’s had other experiences with management companies that have not been responsible 6:45 Vote: - are we ready to vote? Doesn’t seem like it. - option – have a special meeting to discuss the things that came up tonight. - doodle poll to find out when people are available next week. 6:52 Meeting adjourned Short-Term Rental Recommendations from The InterNeighborhood Council (INC) February 17, 2017 To: Mayor Carson Taylor Deputy Mayor Cyndy Andrus Commissioners: Jeff Krauss, Chris Mehl, and I-Ho Pomeroy Chuck Winn, Assistant City Manager & City’s Short-Term Rental Task Force Chris Kukulski, City Manager From: The InterNeighborhood Council (INC) RE: Short-Term Rental Recommendations As the number of short-term rentals (STRs) grows in Bozeman and around the country, it is important to address their impact on the community and neighborhoods. The InterNeighborhood Council (INC) commends the City Commission for directing staff to engage the community in a discussion about STRs, gather information on how other cities are dealing with STRs, and work to draft an STR Ordinance for Bozeman. The INC understands the interest in STRs by visitors and the benefits that hosts receive from renting STRs. At the same time the INC is concerned about protecting neighborhood livability and character if motel-like businesses are present. The INC offers the following recommendations to ensure healthy neighborhoods and allow STRs where appropriate. It is also essential that STR regulations are enforced and administered effectively and consistently. To accomplish this, the city needs to staff appropriately. INC Recommendations for Short Term Rentals 1. Revise the definition in City Code from “Extended Stay Lodging” to “Short-Term Rental”. State simply that a Short-Term Rental is the rental of a room, whole house or ADU for less than 30 days. 2. Require a License for all STRs with an annual renewal. License would have a fee. A new license would be required if the property is sold or has a new owner. Annual renewal would have: a self-certification (checklist) process to verify fire, health and safety, insurance, bed tax has been paid to state and potentially number of nights rented. Include a note to STRs in application information and a FAQ on-line sheet that homeowners insur- ance usually does not cover business liability or damage. Suggest they contact their homeowners insurance. 3. License number should be included on all advertising – online or print. This suggests to the reader that the STR listing is legal and allows a way for enforcement to verify STRs operating without a li- cense. 4. Require a Fire & Health & Safety inspection with fees to cover cost of inspections. With initial application for license Annual inspection lottery - all self-certifications would be put in a lottery and small percentage would be randomly inspected each year. 5. Follow Minimum parking requirements in current City Code 6. Limit number of guests to 2 per bedroom, plus an additional 2 unless parking minimum require- ments reduce number of allowed guests. 7. Where to allow STRs and in what Zoning Districts: Type 1 Owner of STR On-Site Renting a room or Permitted Accessory Dwelling Unit (ADU) NOTE: As ADUs are un- der consideration as an infill strategy to help re- duce sprawl, they should not be allowed for use as STRs after the date the new STR regulations take effect. □ Allow in All Zoning Districts Type 2 Primary residence Rental of the whole home with property owner not on-site. (As shown on Tax return - owner at home 51% of time or more) Renting whole house; Owner Not home when renting STR INC representatives have several different opinions about how to mitigate the impact of STRs on a neighborhood. □ Option A: Allow in all residential zoning districts or □ Option B: • Allow STRs in R-2, R-3, R-4, R-5, R-O. • Do not allow or limit STRs in R-1 and R-S Possible ways to limit number of STRS: 1. Limit number of days per year that a residence can be rented as a STR (90 days) 2. Create Density Caps 3. Require Conditional Use Permits (CUPs) Type 3 Not Primary Residence NOTE: The INC has con- cerns about people or companies buying multi- ple homes to use primar- □ Allow in R-2, R-3, R-4, R-5, R-O □ Do not allow or limit STRs in R-1 and R-S Possible ways to limit number of STRS: 1. Limit number of days per year that a residence can be rented as a STR (90 days) ily as STRs. No owners live in these homes. We encourage the City to find a way to regulate or prevent this. 2. Create Density Caps 3. Require Conditional Use Permits (CUPs) 8. Notify neighbors when a STR application is made. Provide 30 days for comment. An appeal process should be in place for neighbors as well as the Primary owner applying for an STR license. 9. Post STR rules onsite and send STR rules to renters as part of rental agreement and terms of use. Address noise quiet hours, no outdoor sleeping, camper or tents, trash, snow removal, etc. 10. Require 24 hr local contact for STR posted inside residence, mailed to all nearby neighbors and listed on City on-line STR site. Also include who to call at city with complaints or problems. 11. Enforcement: Require all STRs, including those currently having CUPs, to be in compliance with new regulations going forward. Fine STRs operating without a license. Develop tiered approach for violations by licensed STR such as: o First time offense – written warning o Second time offense – revocation of license for 6 months o Third offense – revocation of license for 2 years It is essential that STR regulations are enforced and administered effectively and consistently. Thank you for reviewing and considering these recommendations for STR regulations. The City has in- vested in keeping neighborhoods livable and healthy. STRs offer some benefits to homeowners and neighborhoods, but they can also create issues that impact neighborhoods negatively if not regulated well. InterNeighborhood Council Jennifer Rockne, Chair and representing South Central Association of Neighbors Kathy Powell, Vice Chair and representing University Neighborhood Association Maddy Weisz, Valley Unit Neighborhood Association Jack Tyler, Flanders Creek Neighborhood Association Eli Anselmi, Loyal Gardens Neighborhood Association Ginny Cowan, Bozeman Creek Neighborhood Association Gail MacMillan, Bogert Park Neighborhood Association Dave Chambers and Paul House, Northeast Neighborhood Association Joe Genovese, New Hyalite View Neighborhood Evette Allison, Marwyn-Lindley Neighborhood Lisa Prugh, Cooper Park Neighborhood Association Dave Gibson, Southeast Neighborhood Association