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HomeMy WebLinkAboutagenda.council.special.202208291 AGENDA CITY COUNCIL SPECIAL MEETING August 29, 2022 4:00 PM, City Council Chambers 427 Rio Grande Place ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/84990650382?pwd=eGhJQTlWMmxFMExkaURxTXRzdm5KQT09 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 Webinar ID: 849 9065 0382 Passcode: 81611 I.CALL TO ORDER II.ROLL CALL III.ACTION ITEM Resolution #106, Series of 2022 - A resolution of the City Council of the City of Aspen, Colorado, submitting to the electorate of the City of Aspen at the November 8, 2022, coordinated election a certain question imposing a short-term rental tax for the purposes described in the ballot question. IV.ADJOURN 1 MEMORANDUM TO: Mayor and City Council FROM: Sara Ott, City Manager Phillip Supino, Community Development Director Pete Strecker, Finance Director MEETING DATE: August 29, 2022 RE: Short-Term Rental – Tax Question REQUEST OF COUNCIL: Staff is seeking direction from Council on a proposed new short-term rental excise tax and ultimate adoption of a resolution to that would place a question on the November ballot for voters to weigh in on whether a tax was favored or not. SUMMARY / BACKGROUND: The City of Aspen depends on a lived-in community of year-round locals to support community culture, provide labor and capital to support the local economy, ensure public safety and peace. Without these community members, the long-term viability of the community and robust tourist economy could not survive. Paramount to the local workforce is housing – this is something that has been the focus of nearly every mountain resort community and Aspen is no different. The availability of housing for local workers and residents including first responders, health care workers, and other essential service workers is diminishing, the system for delivering affordable housing is not keeping pace with need, and the housing market in the region and state of Colorado are in crisis. While tourism is an integral part the Community and contributes to the vibrancy so many have come to enjoy, in keeping with the goal of the City’s Comprehensive Plan to preserve small town character while maintaining livability, Aspen City Council responded to the broader Community voice and its concerns around the negative impacts of short-term rentals on Aspen’s neighborhoods, environment and affordable housing supply. The Aspen Area Community Plan includes policies directing the City of Aspen to address affordable housing in the community, including: • VIII.1. Restore public confidence in the development process. (pg 27) • VIII.2. Create certainty in zoning and the land use process. (pg 27) • VIII.3. Ensure that the Planned Development process results in tangible, long-term community befits and does not degrade the built or natural environment through mass and scale that exceeds the Land Use Code standards. (pg 27) • II.1. The housing inventory should bolster our socioeconomic diversity. (pg 41) • II.2. Affordable housing should be prepared for the growing number of retiring Aspenites. (pg 41) • IV.2. All affordable housing must be located within the Urban Growth Boundary. (pg 42) • IV.3. On-site housing mitigation is preferred. (pg 42) • IV.5. The design of new affordable housing should optimize density while demonstrating compatibility with the massing, scale, and character of the neighborhood; (pg 42) 2 DISCUSSION: Based on the Council discussion from the August 16th work session, staff has proceeded with drafting preliminary ballot language and an affirming resolution for a November 2022 ballot. Some aspects of the tax have come into greater clarity, such as: • The effective date for a new tax would be set for May 1, 2023 to allow for some runout with advanced bookings happening within the lodging industry as a normal course of business • A minimum amount of revenues should always be dedicated towards affordable housing, and the remaining amount confirmed to be for environmental initiatives and infrastructure maintenance and repair • A tiered tax was perhaps desired, with a differentiation based on permit type With these general parameters, staff was requested to further assess the financial aspects of scenarios where a tiered approach was used and to identify what resources would result for addressing the Community concerns around affordable housing, environmental and infrastructure impacts. Staff proceeded with estimating the cost of a “baseline” scenario outlined by Council at the end of the August 16 work session, wherein: • STR lodge exempt and owner-occupied permitted businesses would levy an additional 5.4% tax on the cost of a nightly stay; and • STR classic permitted businesses (2nd homeowners and investment properties) would levy an additional 10.0% tax on the cost of a nightly stay; and • A minimum of 65% of collected revenue would be dedicated to affordable housing with the remaining collections dedicated to environmental and infrastructure maintenance and repair needs. Staff needs to caveat that the computation of the estimated tax collection hinges on a significant number of assumptions and is not intended to be an absolute. Without reviewing new applications to know how various properties will align with the three permit classifications, how the cost per night will escalate or decline, how price elasticity will materialize in collections and how the broader economy will influence tourism generally – there are many unknowns that must be accepted in these estimates. OUTSTANDING ISSUES: As noted above, staff has developed a baseline scenario based on the parameters discussed at the August 16 work session. Affirmation of or proposed revisions to those parameters must be provided in order to adopt the resolution. Items that were still somewhat in flux include: QUESTION #1: Does the Council support the current taxation rates for the different permit types? If Council wished to adjust rates up or down from the baseline, staff has provided what the collections would look like for a 1% swing in either direction. These alternative scenarios, or any other alternative could be proposed and inserted into the resolution and ballot question. 3 QUESTION #2: Does the Council support the current dedication of proposed tax collections? Based on Council comments from August 16th, staff developed the “baseline” language to include a minimum obligation for 65% of all collected tax revenue to be dedicated to affordable housing. For comparison purposes, staff has shown options to float this percentage down to 60% or up to 70%. Note that staff is proposing that the dedication to affordable housing be a minimum threshold. In adoption of this type of verbiage, the Council would have flexibility to push even greater resources to the affordable housing effort in any given year. FINANCIAL IMPACTS: Utilizing a conservative estimation process intended to be more of an upper bound vs. an actual collection amount, with the tax rates and dedicated allocations noted above, staff estimated $9.14 million in tax revenue for a full year’s implementation in 2024. At a 65% / 35% split, affordable housing funding would equate to roughly $5.94 million and environmental / infrastructure maintenance & repair would equate to $3.20M. RECOMMENDED ACTION: Staff recommends approving a resolution to send the short-term rental excise tax question to the voters in November 2022. PROPOSED MOTION: “I move to approve Resolution No. 106 to seek voter approval regarding the implementation of a new short-term rental tax, with proceeds of such tax to benefit affordable housing, environmental initiatives and the maintenance and repair of infrastructure for our community.” 4 1 RESOLUTION NO. 106 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 8, 2022, COORDINATED ELECTION A CERTAIN QUESTION IMPOSING A SHORT-TERM RENTAL TAX FOR THE PURPOSES DESCRIBED IN THE BALLOT QUESTION. WHEREAS, the City Council desires to place before the electorate of the City of Aspen certain ballot questions; and, WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen City Charter to, on its own motion, submit questions to a vote of the electorate; and, WHEREAS, the members of the City Council of the City (the “Council”) have been duly elected and qualified; and, WHEREAS, Article X, Section 20 of the Colorado Constitution (“TABOR”) requires voter approval for any new tax, the creation of any debt and for spending certain moneys above limits established by TABOR; and, WHEREAS, TABOR requires the City to submit ballot issues (as defined in TABOR) to the City’s electors on limited election days before action can be taken on such ballot issues; and, WHEREAS, November 8, 2022, is one of the dates at which ballot issues may be submitted to the eligible electors of the City pursuant to TABOR; and, WHEREAS, the Council hereby determines that it is necessary to submit to the electors of the City, at the coordinated election to be held on November 8, 2022 (the “Election”), the question of imposing an excise tax on short term rentals in order to contribute to the funding of workforce housing and infrastructure maintenance and repair (the “ballot question”); and, WHEREAS, pursuant to Section 2.1 of the City Charter, all elections of the City are governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and, WHEREAS, Section 31-10-102, C.R.S., contained within the Municipal Election Code, permits any municipality to elect by resolution to utilize the requirements and procedures of the Uniform Election Code which will thereby permit the City to participate in the coordinated election being conducted by Pitkin County (the “County”) on November 8, 2022; and, 5 2 WHEREAS, the steadily increasing activity in the short-term rental market throughout all zone districts within the city has increased the pressures on the community to provide essential services and affordable housing; and, WHEREAS, taxation is an equitable means of recovering costs to the community incurred through the delivery of essential services to residential and lodging exempt properties used as short-term rentals, including community policing, utilities services, transit, transportation, and pedestrian infrastructure, and affordable housing; and, WHEREAS, affordable housing, community infrastructure, and a clean and resilient environment are essential to maintaining a world-class, competitive, economically sustainable tourist economy; and, WHEREAS, a tax on short-term rentals within the City will generate revenue for local government to fund affordable housing, community infrastructure, and environmental initiatives for the benefit of the public and a sustainable community; and, WHEREAS, in keeping with the goal of the City’s Comprehensive Plan to preserve small town character while maintaining livability, the City desires to mitigate the negative impacts of short-term rentals on Aspen’s neighborhoods, affordable housing supply, economy, and environment; and, WHEREAS, the City of Aspen depends on a lived-in community of year-round locals to support community culture, provide labor and capital to support the local economy, ensure public safety and peace through the presence of first responders, health care and essential service workers in the community, and ensure the long-term viability of the community and tourist economy; and, WHEREAS, the availability of housing for local workers and residents including first responders, health care workers, and other essential service workers is diminishing, the system for delivering affordable housing is not keeping pace with need, and the housing market in the region and state of Colorado are in crisis; and, WHEREAS, the Aspen Area Community Plan includes policies directing the City of Aspen to address affordable housing in the community; and, 6 3 WHEREAS, a functional residential housing sector is essential to sheltering Aspen’s populations, supporting a stable economy, maintaining the health, peace and safety of the City of Aspen for its residents and visitors; and, WHEREAS, Aspen is a tourists destination, attracting tens of thousands of visitors a year in all seasons, visitors which require transient tourist accommodations and participate in and support Aspen’s tourist economy; and, WHEREAS, a tourist-based economy such as the City’s requires a sufficient number of employees to provide the services required to serve such an economy. Without adequate workforce housing, a tourist-based economy cannot thrive; and, WHEREAS, to allow for a sufficient number of employees to be hired to provide the services necessary to sustain a tourist-based economy there must be an adequate supply of workforce housing; and, WHEREAS, historically, the long-term rental of residential property, or at least the long-term rental of space within a residential property, has been an important means for providing workforce housing within the City; and, WHEREAS, short-term rentals are extremely valuable to the City’s economy and exist in various locations throughout the City; and, WHEREAS, the operation of a short-term rental in the City is the operation of a business; and, WHEREAS, tourist visitation, the operation of tourist accommodations, the goods and services demanded by tourists, and the transportation systems required to move tourist to and throughout the community have environmental impacts, measured as Greenhouse Gas Emissions; and, WHEREAS, the difference in property tax rates for commercial and residential properties contributes to gaps in funding for affordable housing, essential government services, infrastructure, and a healthy environment capable of supporting a sustainable economy; and, WHEREAS, the Council now determines it is necessary to submit to the electors of the City, at the Election which will be held as a coordinated election with the County on November 8, 2022, the election questions; and 7 4 WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the Election; and, WHEREAS, the Council finds that the adoption of this Resolution is necessary for the preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. All action heretofore taken (not inconsistent with the provisions of this resolution) by the City and the officers thereof, directed towards the Election and the objects and purposes herein stated, is hereby ratified, approved and confirmed. Section 2. Unless otherwise defined herein, all terms used herein shall have the meanings defined in the Uniform Election Code of 1992, Title 1, Articles 1 through 13, C.R.S., as amended (the “Uniform Election Code”). Section 3. Pursuant to TABOR and the Uniform Election Code, and all laws amendatory thereof and supplemental thereto, the City hereby determines that a special Election shall be held within the City on November 8, 2022, and that there shall be submitted to the eligible electors of the City the election questions set forth herein. Because the Election will be held as part of the coordinated election, the County Clerk and Recorder (the “Clerk”) shall conduct the election on behalf of the City and officers of the City have been previously authorized to enter into one or more intergovernmental agreements with the County for the conduct of the Election pursuant to Section 1-7-116, C.R.S. Any such intergovernmental agreement heretofore entered into in connection with the Election is hereby ratified, approved and confirmed. Section 4. The Council hereby authorizes and directs the officers of the City to certify on or before September 9, 2022, the following election question in substantially the form 8 5 hereinafter set forth to the Clerk, which such question shall be submitted to the eligible electors of the City at the Election: CITY OF ASPEN – SHORT TERM RENTAL TAX. SHALL CITY OF ASPEN TAXES BE INCREASED NOT MORE THAN $9,140,000 COMMENCING MAY 1, 2023, AND BY WHATEVER AMOUNTS ARE GENERATED ANNUALLY THEREAFTER BY THE IMPOSITION OF AN EXCISE TAX OF NOT MORE THAN 10% ON THE AMOUNT CHARGED ON A NIGHTLY ROOM RATE AT ANY ACCOMMODATION OR BUSINESS THAT IS REQUIRED TO OBTAIN A SHORT-TERM RENTAL PERMIT FROM THE CITY; PROVIDED HOWEVER THAT: • SUCH TAX SHALL BE APPLIED TO “LODGE EXEMPT PERMIT PROPERTIES” AS HEREAFTER DEFINED IN AN ORDINANCE OF THE CITY COUNCIL, WITH A SHORT-TERM RENTAL PERMIT STR-LE, AT 5.4%; • SUCH TAX SHALL BE APPLIED TO “OWNER OCCUPIED UNITS” AS HEREAFTER DEFINED IN AN ORDINANCE OF THE CITY COUNCIL, WITH A SHORT-TERM RENTAL OWNER OCCUPIED PERMIT STR-OO AT 5.4%; • AND 2ND HOMEOWNER, INVESTMENT PROPERTY UNITS AS HEREAFTER DEFINED IN AN ORDINANCE OF THE CITY COUNCIL, WITH A SHORT-TERM RENTAL PERMIT STR-CLASSIC AT 10%; AND SHALL AT LEAST 65% OF THE REVENUE GENERATED FROM SUCH TAX BE UTILIZED FOR THE PURPOSE FUNDING AFFORDABLE HOUSING AND SHALL THE REMAINDER OF THE REVENUE GENERATED FROM SUCH TAX NOT UTILIZED FOR AFFORDABLE HOUSING BE UTILIZED FOR INFRASTRUCTURE MAINTENANCE AND REPAIR AND FOR ENVIRONMENTAL INITIATIVES; AND SHALL THE CITY BE AUTHORIZED TO COLLECT, KEEP AND SPEND THE REVENUES FROM SUCH TAX AND ANY INVESTMENT INCOME THEREFROM NOTWITHSTANDING THE LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Section 5. Pursuant to the intergovernmental agreement entered by the City to participate in the Pitkin County coordinated election, the City Clerk of the City of Aspen (the “City Clerk”) has been appointed as the designated election official of the City for purposes of performing acts required or permitted by law in connection with the Election. Section 6. Pursuant to Section 1-11-203.5, C.R.S., any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of 9 6 the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set. Section 7. The officers of the City are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this resolution. Section 8. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution. Section 9. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. Section 10. The effective date of this resolution shall be immediately upon adoption. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of 2022. ___________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. _______________________________ Nicole Henning, City Clerk 10 Short Term Rental Tax Discussion Sara Ott, Pete Strecker, Phillip Supino August 29, 2022 11 Council Direction from August 16th •Begin ballot language development •for placement on Nov. 2022 ballot •Delay effective date •to May 1, 2023 •Explore tiered rate structure •group STR-OO and STR-LE at lower rate •assess higher rate on STR-C •Develop financial analysis •present revenue scenarios to Council •Prioritize revenue to affordable housing •Set a minimum level of revenue for affordable housing •Remainder to support infrastructure and environmental programs 12 Questions from August 16th •What rates for what permit types? •STR-LE: 5.4% •STR-OO: 5.4% to 10% •STR-C: 10% or higher •What amount should be prioritized for affordable housing funding? •Set an absolute or provide Council discretion? •Should remainder of revenue use be further prescribed? •flexibility to make annual budget decisions based on need? general ballot language? •predictability for availability and use of funds? specific ballot language? 13 Tax and Financial Comparison •Impacts of STRs needed analysis – Nov. 2021 •Fee to cover administration of STR compliance program (May 2022); Tax to cover impacts from tourism •Stakeholder discussions supported some level of tax; support for tax was also mirrored in polling results 14 Taxation Estimation Assumptions must be made •What will the average nightly rate be in 2024 (1st full year) •How many will truly qualify for lodge exempt permit •What is the number of owner-occupied units •How will # of rental nights cap impact owner-occupied stays •How will the pace of attrition play out in some zones •How many more permits will be issued in unrestricted zones •What is price elasticity impact going to look like •What economic conditions will exist in 2024 402 Lodge Exempt 133Owner Occupied 530 Classic Units Estimated Counts Based on ’22 Estimated Counts Based on Data Sample May ’21 – Apr ’22 15 Taxation Estimation Rate Taxes Lodge Exempt 1.00%$450,000 Owner Occupied 1.00%$150,000 Classic 1.00%$590,000 Total Tax Estimate $1,190,000 Affordable Housing 60%$714,000 Env. & Infrastructure 40%$476,000 Affordable Housing 65%$773,500 Env. & Infrastructure 35%$416,500 Affordable Housing 70%$833,000 Env. & Infrastructure 30%$357,000Option AOption BOption CEvery 1% Estimated to Generate $1,190,000 •Initial Modeling at 10.0% for Classic and 5.4% for Other Permit Types Every 5% Shift Between Affordable Housing & Environmental / Infrastructure is $59.5K •Initial Split of 65% to Affordable Housing Was Modeled as Starting Point 16 Taxation Estimation Rate Collection s Rate Collection s Rate Collection s Lodge Exempt 4.40%$1,980,000 5.40%$2,430,000 6.40%$2,880,000 Owner Occupied 4.40%$660,000 5.40%$810,000 6.40%$960,000 Classic 11.00%$6,490,000 10.00%$5,900,000 9.00%$5,310,000 Total Tax Estimate $9,130,000 $9,140,000 $9,150,000 Affordable Housing 60%$5,478,000 $5,484,000 $5,490,000 Env. & Infrastructure 40%$3,652,000 $3,656,000 $3,660,000 Affordable Housing 65%$5,934,500 $5,941,000 $5,947,500 Env. & Infrastructure 35%$3,195,500 $3,199,000 $3,202,500 Affordable Housing 70%$6,391,000 $6,398,000 $6,405,000 Env. & Infrastructure 30%$2,739,000 $2,742,000 $2,745,000Option AOption BOption CFlat Rate for All ~7.70% Flat Rate for All Equivalent would be ~7.70% 17 Questions for Council •What rates for what permit types? •STR-LE: __% •STR-OO: __% •STR-C: __% •How prescriptive should the ballot language be? •Should the amount specified for affordable housing be explicitly set (at X%) or should the ballot question mandate a minimum (at least X%)? •Is it acceptable to denote the application of remaining tax collections after affordable housing be collectively for infrastructure maintenance and repair and environmental initiatives or does there need to be greater specificity to allocate to these purposes? 18