City Council again hears about Airbnb zoning

The possibility of establishing an Airbnb in Havre was discussed again during Havre City Council’s meeting Monday, where a resident of Northern Heights said he was opposed to changing the zoning district.

Havreite Greg Dolven said that he was born and raised in Havre, living in the area his entire life except for a brief time when he served in the military. He said that he and his wife purchased their property in Northern Heights 35 years ago and built their home. At the time there was no paved road or park nearby, the location being very dusty and a hard place to live, but he knew that eventually the property would improve.

“Now we’ve got a beautiful park there and the road is nice and it’s just a great place to live,” he said.

Some areas of Havre, which are classified as residential general areas, can house Airbnbs, where people rent their residence or rooms in a residence to people who book a short-term stay online.

Areas zoned as Residential 1, as Northern Heights is, cannot house Airbnbs.

About a year ago, Dolven said, he was on Facebook and noticed an advertisement for a house across the street as an Airbnb. He said that he researched the business and spoke to the person operating the business, who told him that they had gone to City Council and her business was on the “up-and-up.”

After he found the business had not been approved, Dolven said, the city told the residence owners to stop.

He said the person with the business, who he and the council declined to name, asked him if he would sign a petition so they could change the zoning laws.

He said he would not.

He said he declined because they lacked the courtesy to speak with their neighbors before starting her business and explained their plans.

He added that everything appeared to be fine until he and his wife returned from a vacation and saw that their neighbors had returned to their operations.

“We are definitely opposed to having our zoning changed, it’s a nice residential district,” Dolven said. “There are plenty of places in town that would allow this.”

The council Monday reauthorized the city’s participation in the state’s Surplus Property Program.

Mayor Tim Solomon said the program, which has to be reauthorized every four years, gives the city the opportunity to purchase property, such as desks or equipment, from the state before they are auctioned off to the general public.

The council also approved a $2,600 grant from Town Pump Inc. Solomon said will go toward the Havre Fire Department.

Fire Chief Mel Paulson said the department used the money to purchase a Little Hose Monster, which is used to get accurate readings when the department flushes the hydrants.

The council approved a two-year contract with the Havre Police Department and approved the mayor’s May 2019 board appointments.

Council President Terry Lilletvedt said that a few people have approached her about not receiving notices for insurance on water lines into buildings.

Solomon said the insurance company is separate from the city and its mailing list has some issues, adding that if someone is interested in buying insurance on their water lines, they should contact the city and it can refer them to the company.

Directly after the council meeting, Havre City Council Ordinance Committee met and approved changing the language regarding temporary yard signs and the ordinance describing the procedures for filling vacant city council seats.

Committee Chair Caleb Hutchins said the Montana League of Cities and Counties advised Havre to modify the language in an ordinance regarding temporary yard signs so it would have no distinction between political and other signs, due to some First Amendment implications and because the ordinance would not be enforceable.

The new language removes “political” and just deals with temporary signs, he said. He added that the modification would also include requiring people to write the date on the lower right corner of yard signs to ensure that the signs do not exceed the 60 day limit.  

“In my mind this is the simplest, most low-tech solution to this,” Hutchins said.

He added that this option is less obtrusive than requiring permit for every yard sign.

State Rep. Jacob Bachmeier, D-Havre, said he is passionate about yard signs and thinks they are important to the political season. He said that he believes that because of freedom of speech, signs should not have limited durations in which they can be up, he said he appreciates the work Hutchins has done. He added that it would be unconstitutional to require people to obtain a permit from the city in order to display their yard signs and finds Hutchins’ plan is the best approach to the issue.

“I would support your approach,” he said.

Hutchins added that grouping political signs with other temporary signs, giving them a 60-day limit before being required to take down, actually is five days longer than political signs are allowed to be up under the present ordinance.

The committee approved sending the new language to the full council for a vote.

The committee also approved modifying the ordinance on the procedure for filling vacant city council seats. Hutchins said it is optional for applicants to submit a resume and an administrative philosophy statement. He said because applicants don’t have to campaign like they do during an election, the ordinance should be modified, so the council can make an educated decision when voting.

“I would prefer to have it in there because it kind of gives me a sense of who the person is that is applying,” he said.

Council member and committee member Karen Swenson said that she was happy with the modifications in the ordinances.

“I think this does a good job of cleaning it up,” she said.

Council member Erik Meis said that he was opposed to the requirements of a resume and a statement of administrative philosophy because it restricts the people who are able to apply.

“You’re just narrowing the field here,” he said.

If a person meets the minimal requirements, such as age, citizenship, living within the district they are running for 60 days, they should have the ability to run for city council, he said. He added that it is up to the council to research the individual and do their due diligence.

“At a time we see less and less participation, I am opposed to something like that,” he said.

Lilletvedt said that she feels the changes are needed, but possibly not both the resume and the philosophy are necessary.

Swenson said that she felt it needed both.

The committee sent the modification with the resume and the philosophy to the city council, noting that it could be adjusted by the full council.