HomeMy WebLinkAboutA019 - Excerpts from February 20, 2018 Council Meeting Minutes restrictions are similar with not much distinction,then it may not be any more beneficial than having
the Ordinance be City wide and City staff educate the citizens on what the Ordinance is and what
it means. Ex-Officio Rob Bingham stated that it needs to be kept simple.
Council Member Beatty-Hansen reiterated a comment from a public speaker that the City is not sure
of the effects and may not be for awhile. There will be a time of uncertainty while things play out.
Ex-Officio Bingham added that because some students have already signed leases for next year, it
may be a year and a half to two years before noticing the effects if there are any. Council Member
Corrieri added that she is in agreement with balance, but also the need to see how things play out.
Council Member Nelson stated that ideas that work in one part of town may not work in another.
There has to be a balance and one that is enforceable. He feels things need to be as simple as they
can be.
Council Member Gartin agreed with the need for Ordinances that are easy to enforce. There is not
evidence of a problem City wide. Council Member Beatty-Hansen confirmed that the Ordinance
now is for RL neighborhoods City wide. Council Member Betcher stated that Council needs to be
careful about driving the problems to another area. Mr. Gartin stated that parking challenges are
different in one part of town than another. Mr.Bingham said that if there is an overall cap across the
City,it would make for easier decisions. City Manager Schainker added that if the Council were to
put an overlay on an overlay, it would make it even more complicated.
Council Member Gartin stated that he feels there must be a City-Wide baseline for rental occupancy.
City Manager Schainker clarified that to mean that the regulation would apply to all zoning areas
throughout the City limitations within a unit. Director Diekmann added that the one-two and three
bedroom units all have the same base level occupancy. The four and five bedroom units have to
meet both bedroom and parking requirements.
Council Member Nelson inquired about the parking previously approved as City-Wide. Council
Member Martin stated that counting the number of rentals is more important than the number of
occupants within those rentals. If parking is the issue then parking regulations are needed rather than
limiting the occupants. Council Member Nelson stressed this is a way to regulate density.
Council Member Gartin reiterated Council Member Nelson in stating that parking is a lever to
minimize density. He feels that occupancy needs to be tied to bedrooms and parking in Campus
impacted areas, but there needs to be some flexibility outside of those areas. Council Member
Corrieri feels that parking should be dealt with through enforcement and not through rentals.
Council Member Martin suggested to explore the control of density in the affected areas through the
use of occupancy of the house without talking about parking. Council Member Betcher stated the
main goal is not to get the cars off the street, but it coincides. The parking requirement is there for
limiting the number of occupants and manage density. If it is across the City,it makes for ease of
implementation and education.
Moved by Beatty-Hansen,seconded by Corrieri,to direct staff to modify the Ordnance to maintain
the parking requirement in the moratorium areas only. O !_ -
Council Member Martin asked how many properties would benefit from having four or five parking
spaces in the moratorium area. Building Official VanMeeteren stated that she felt it would be
minimal but the only data is from the SCAN Neighborhood. Mr. Martin stated that data is needed
to decide if outside the moratorium it is not needed to have parking to be an input to the number of
occupants in a unit, then determination with data within the moratorium area that it has minimal
impact it could be simplified. City Manager Schainker clarified that there are no other parking
requirements outside of the moratorium. City Member Corrieri confirmed. Director Diekmann
summarized that the motion is that in the moratorium areas follow the parking and bedroom
requirements as they exist in the Ordinance today. Outside the moratorium delete two,four,and five
space parking requirements.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Martin,seconded by Gartin,to direct staff to prepare the data within the moratorium area
to estimate the number of four bedroom and greater properties that do not have sufficient parking
to allow for four or more occupants under the current Ordinance.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Betcher stated that occupancy needs to be limited by bedrooms and that needs to
be frozen as of January 1,2018. She has an issue with enclosing sun rooms and porches for use as
bedrooms simply to get more people into the property. Ms. Betcher indicated that she likes the
Ordinance the way it is in the moratorium area. Mr. Bingham offered his opinion that there should
be an allowance for ce ulations or standards on it.
Moved by Gartin,seconded by Beatty-Hansen,to tie the occupancy to the number of bedrooms that
were counted as of January 1, 2018, and that number be frozen in the moratorium area only.
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Council Member Corrieri stated that she is not in favor of that motion because an owner sho id be
allowed to invest in their property within reason and done safely to increase the value of their
property.
Council Member Beatty-Hansen inquired about what happens when the bedroom count varies.
Building Official VanMeeteren stated that people were given a certain amount of time to file a
discrepancy with the City. If Inspections could not figure out the reason for the discrepancy an
inspection was done. A handful of inspections were done. A number is now tied to the property.
The bedroom count would be off the inspection now. Mr.Diekmann added the January 1,2018 cap
is on registered rental properties. New rentals are based on a new inspection.
Council Member Betcher stated that she could support the alterations of a house could not alter the
existing structure of externals other than adding a new addition or doing an internal reconfiguration.
Adding bedrooms would be okay,but not adding occupants in the moratorium area. The ability of
adding on and creating more bedrooms makes it more difficult to go back to single-family homes.
Council Member Gartin clarified that the motion is freezing the number of tenants based on the
number of bedrooms as of January 1,2018,in the moratorium areas only. Council Member Beatty-
Hansen confirmed that in non-moratorium areas people will be allowed to add bedrooms and
occupants up to the cap f five.
Vote on Motion: 4-2. Voting aye: Betcher, Martin, Beatty-Hansen, Gartin. Voting Nay:Nelson,
Corrieri. Motion declared carried.
Moved by Betcher to allow the expansion of the footprint of the structure to be permitted, but not
the enclosure of a structure (porch) or renovation of an existing room.
Council Member Betcher withher motion based on the ability to enforce.
Moved by Betcher, seconded by Nelson to not allow the expansion of the footprin7Gartin,
or the an enclosure of a structure such as a porch in the moratorium only.
Vote on Motion: 3-3. Voting Aye: Betcher,Nelson, Martin. Voting Nay:Beatty
Corrieri. Mayor Haila voted nay to break the tie. Motion failed.
secon e y orrieri,to direct staff to procee wi recommen a io
for the use of the definition of a dependent.
Vote on Motion: 6-0. Motion declared carried unanimously.
C a sta is recommending to come up with an Ordinance for Airbnbs
only allowed for only owner-occupied. Council Member Corrieri stated that there should be an
allowance for non-owner occupied short-term rentals. There should be a permitting process and fee.
Council Member Betcher gave her opinion of the necessity of owner-occupied full house rentals.
Director Diekmann advised that Airbnbs collect hotel/motel tax. The tax is collected by the State
and sent back to the City. A whole house will be needed to be treated as a rental.
EMOVIIbyeatty-Hansen,seconded by Nelson,to allow non-owner occupied buildings to be used for
Rental, but be subject to the Rental Code, and owner-occupied be regulated as"home
administratively approved.
Council Member Beatty-Hansen stated the main reason ofhaving non-owner-occupied rentals being
subject to the Rental Code is for safety not numbers. Council Member Betcher inquired on if
Airbnbs would be allowed if overlays were in place. City Manager Schainker noted that if there
were a vote on concentrations direction for staff would be needed. Council Member Gartin stated
that in the moratorium areas Airbnbs will need to be counted for concentration purposes, because
of the main goal. Council Member Corrieri asked if that would include owner-occupied. Mr.
Diekmann added that the owner-occupied houses for short-term rental would not be registered as a
rental.
Vote on Motion: 5-1. Voting aye: Beatty-Hansen, Corrieri, Gartin, Martin, Nelson. Voting nay:
Betcher. Motion declared carried.
Council Member Betcher indicated that she would like to redefine owner-occupied to cutout those
degrees of consanguinity which would count owners which would lead to the house not being
registered as a rental and could cause more enforcement problems than a roomer. Ex officio
Bingham stated that many students have parents that purchase a home as an investment and will sell
when the student has completed college. Not necessarily the best idea to remove this as an option.
The approach could come from the enforcement side. Ms.Betcher added that this would just to have
a house register as a rental. It is for those that are collecting rent. Council Member Beatty-Hansen
added that there may not be that many examples. The problem is a child living with three roomers,
then that house should be adhering to the Rental Code.Director Diekmann stated that this will come
back to the concentration of rentals in the particular area. Ms. Betcher added that these properties
become just as problematic as rentals in creating neighborhood stability. Council Member Gartin
reminded the Council to think of other circumstances, other than just students.
tve y e , secon e y Corrieri, to remove the consanguinity clause from the Ordinance.
icio Bingham asked what the penalties are for these offenders. Council Member Corrien s a
registration of being a rental and a penalty for non-registration. Building Official VanMeeteren
it
Voting aye: Betcher, Corrieri, Martin. Voting nay: Beatty-Hansen, Gar-tin, Nelson. Mayor Haila
voted aye to break the tie. Motion declared carried.
The Council decided to -continue with the status quo for Issue 6 on the approach for imposed
penalties. It was noted that by the end of the year, staff will bring back data on the success of
stepped-up enforcement.
City Manager Schainker stated that a majority of Council would like to proceed with implementing
concentration areas. Staff has identified them as neighborhoods. Council Member Corrieri stated
that she feels a robust conversation about what a reasonable percentage is has to happen. Mayor
Haila concluded that more work will be done at the Council Workshop on March 20.
Moved by Betcher, seconded by Beatty-Hansen to adjourn at 10:31 p.m.
Diane R. Voss, City Clerk John A. Haila, Mayor
Stacy Craven, Recording Secretary