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Council reconsiders vacation rentals, pot

Keith Brant opts not to vote

The Durango City Council’s meeting Tuesday was full of twists and turns as councilors reversed course on some recent decisions and one recused himself from voting.

Councilor Keith Brant abstained from voting on vacation rentals and retail marijuana at the special meeting held to discuss a group of residents planning to file a referendum and initiative on the council’s recent decision on vacation rentals and a referendum on recreational marijuana.

Brant said an issue had arisen prior to 2014, before they discussed vacation rentals. He declined to be more specific after the meeting, saying he didn’t vote because of the vacation rental issue but doesn’t believe he has a conflict of interest because he manages vacation rentals outside city limits. He said he will release a more complete statement next week.

“It’s important I get it right because if I don’t get right, it’s going to be very misunderstood,” he said.

Brant and Councilor Christina Rinderle have faced criticism from some residents who have said that their work in the real estate industry or managing vacation rentals is a conflict of interest and they should recuse themselves.

City staff members repeatedly have defended the councilors and the city’s lack of an ethics policy, but Councilor Dick White asked staff to draft a code of ethics and council conduct guidelines. Rinderle voted in the special meeting and agreed with White.

“I’m seeing council consensus to move that forward,” she said.

Neighborhood groups have threatened to oppose the council’s decisions on vacation rentals and retail marijuana by bringing a referendum and initiative to the councilors and the voters, but it may prove unnecessary. Councilors approved directing staff to draft new retail marijuana and vacation-rental ordinances for reconsideration.

The vacation-rental ordinance approved earlier this month capped vacation rentals at 5 percent in the two established neighborhoods – one in the downtown area, and the other along West Second and West Third avenues – with up to two rentals per street segment. The 5 percent cap would add 11 vacation rentals to the downtown neighborhood.

Rinderle asked that the council reconsider a 3 percent cap that many residents in the neighborhoods supported.

“We heard from a lot of folks from the neighborhood that really advocated for this 3 percent (cap), and I understand that,” she said. “Our parking regulations are so onerous, in my opinion, that I don’t even think those 11 additional vacation rentals could be achieved regardless.”

The group of residents also consulted with local attorneys about stopping retail marijuana in mixed-use neighborhoods. White made the motion to have a public hearing request on retail marijuana on the agenda for the July 15 meeting. Nearby residents at East Third Avenue and College Drive don’t want recreational pot sold close to their homes, saying retail marijuana stores in the mixed-use neighborhood would create more traffic and lower property values.

Acme Healing Center moved its medical marijuana dispensary to 572 East Third Ave. in January, hoping to add a retail store at the location later. Acme decided to withdraw its retail permit application in a surprising development Tuesday afternoon. Store General Manager David Niccum said Acme made the decision, hoping to stop the dispute and help other businesses in mixed-use neighborhoods.

“It was a tough decision,” Niccum said. “How much can you fight the fight without hurting other people?”

Councilors agreed they would consider repealing and adopting a new ordinance that would separate mixed-use neighborhoods, something group members wanted. To fight the entire ordinance would be unpopular with voters, attorney Nick Anesi said.

The neighborhood group still plans to file the paperwork with the Durango City Clerk’s Office, but some group members felt confident after the votes that an agreement was close. Anesi said they still would file the affidavits, only to preserve rights, not to be obstructionists.

The public hearing on the new retail pot ordinance is scheduled for July 29.

smueller@durangoherald.com



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