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September 9, 2025 St. Anthony Council Work Session - 2 ordinance were adopted, the risk would be reduced due to the fact that more clarity is included. He also thinks, without knowing the facts of what is going on in the City today, that if use is not allowed, it is prohibited. The current ordinance defines what is a dwelling unit. Mayor Webster stated that City Manager Yunker has also clarified. Currently, it is not specified that this is allowed, and we are making it clearer. Councilmember Doolan arrived at the meeting at 5:40 p.m. Councilmember Randle asked if this is currently covered by an ordinance. Mr. Yunker stated that it is not expressly written as something that is allowed in the R-1 District. This is added language as a clarification. Mr. Lindgren reviewed the definition of a motel/hotel. Councilmember Randle asked what would happen to those short-term rentals that are currently occurring in the City. Mayor Webster stated Council would need to decide how to handle those. Some may have never applied for a rental license. Mayor Webster asked Mr. Lindgren if, if this ordinance is passed, Council could look at an effective date for properties that currently have a rental license and a tighter termination date for those properties that do not have a rental license. Mr. Lindgren stated that when someone has a land use that is not currently allowed, the law allows that land use to be a valid non-conforming land use. It is ok to have a land use that is consistent with the current zoning code if that land use was consistent with the code when it was created. A delayed effective date could be implemented. That would be having an extraordinary right. A policy decision would be made to allow them to exist for a period of time. Councilmember Jenson asked if we could find out if there are uses that are acting as an Airbnb, but they are not licensed. Do we know the full scope of the number? Mr. Grittman stated the City knows of some of them that have been licensed to operate short-term rentals. We do not know if we are aware of all. Code compliance staff have been out there observing what they normally observe. They have looked at websites that manage these units. He assumes the Staff does not know all of them. Councilmember Jenson asked if there was an approximate number. City Staff is aware of 7 properties. Staff has not researched how many of the 60 rental licenses in the City are being rented short-term. Councilmember Doolan asked about creating extraordinary rights. If Council goes forward with the ban, is the City opening itself up to possible litigation by allowing some but no more beyond that? Mr. Lindgren stated that any action is subject to litigation. If the Council chooses for some to continue, that right is not being taken away from anyone else. Mr. Lindgren stated that if those operating with a license are treated one way and those operating without a license are treated another way, that may cause grounds for litigation, as they are being treated differently. Councilmember Doolan asked if we allow the ones that are licensed to exist, can we put in a structure to accommodate those that are not licensed? Mr. Lindgren, if we created a time period for the 7 to continue, would different procedures need to be developed? Generally, our residential rental license doesn’t ask the question about whether it is a short-term rental or not. Municipal mistake is not an excuse. More procedures would not need to be put into place. The rental license application may need to be revised. Councilmember Elnagdy asked if we were to allow the 7 properties that exist and are adjacent, and require additional monitoring, the additional cost would be incurred from the additional monitoring and would cost the property owner more. Mr. Lindgren stated that the licensing should match the cost of doing something. A different fee structure could be adopted. Councilmember Jenson asked if we implement this ordinance as is, would we allow a grace period to become compliant, allow continuation for a period of time, and allow the obligations they currently