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HomeMy WebLinkAboutminutes.council.19611211 A public hearing was held in the District Court Room, Pitkin County Court House, at 7:30 PM on Monday, 'December 11, 196% pertaining to the adoption of a primary cOde entitled "Official Code of AspenV and secondary codes. The meeting was called to order by Mayor Garfish, with Councilmen Beyer, James and Anderson, City Administrator Humphrey and City Attorney Stewart present. Council- man Braun was absent. Attending the meeting were James Markalunas, William Dunaway, Cliff Brelsford, Allen Brown, Mrs. Etta Taylor, Alford Raleigh, ~Phillip SCheid, Glen Paas, A. 3. Kane, Ed Deming, Mrs. Kay Reid, Ken Moore, and Mr. O'Rear. Mr. Woodall came in but did not stay. Mayor Garfish explained the purpose of the meeting, and then asked Mr. Stewart to take over. Mr. Stewart said that the compilation of ordinances did not indicate a~change in.present ordinances.but rather a d~etion of ordinances which were no longer applicable, and a bringing up to date/~hose ordinances to be incldded in the codification. He also referred to the adoption of secondary codes by reference and to three new matters: L. Contractors' Licensing Ordinance - and he referred to formal and informal meetings at which contractors and architects had been present, when this proposed Ordinance was discussed. 2. General Licensing Ordinance- previously adopted as Ordinance No. 7, Series of 1961. 3. Bed Tax Ordinance - with a change in "definitions" to make subject to the Ordinance alt rentals of less than 30 days. Mr. Stewart read the Legal Notice of this meeting, which had been published in the Aspen Times dated November 24, 1961, and D~cember 1, 1961. Mayor Garfish .read a letter fr~m Waldy Morse, expressing regret that he could not attend the meeting, and reiterating his opinion regarding the application of the 2% Tax on rentals of homes. Mr. Garfish then opened the meeting to the public. Ed Deming read Wendy Morse's inquiries, which had previouls been discussed at the regular meeting of the City Council held on December 4, ~961, and he asked par- tucularly about the legality of the Ordinance and the effect on zoning if homes are included. Mr. Stewart replied that the Ordinance had once been upheld in Court, also that the inclusion of houses in the Ordinance would have no bearing on zoning, as they are completely separate measures. Mrs. Kay Reid asked if the amendment including homes under the 2% Tax would result in such homes being subject to cor~mercial rates for utilities. Mr. Stewart said matte_r of rates is one of policy to be determined by Council. Discussion covered percentage of homes that would be affected- whether revenue would warrant expense of administering the Ordinance, also that tax is paid by renter, and collected and remitted to the City by the Owner or agent. Attorney Stewart pointed out that the purpose of the amendment is to be ~air to all an~ to avoid dis- cri~ination, also to spread expense so that permanent residents do not assume full burden. Mr. Kane expressed the opinion that a 2% sales tax would be preferable to numerous special taxes~ Clkff B~elsford, representing the Aspen Lodging Association, said their concern was that the Ordinance should apply to all those renting, otherwise that the Ordinance should be repealed. He said the Lodging Association asked that the Ordinance apply to all those renting for less than thirty days, as they become competitive renters. He referred to the opinion expressed by Mr. Juhan at a recent meeting of the Lodging Association, that all houses so rented are subject to Colorado State law. Mrs. Reid asked if this would reduce private houses to ~ a commercial status. Mr. Stewart then read the definition of places in the amendment to Ordinance Series of 1957. Mrs. Reid expressed the opinion that the amendment had been instigated to stop the renting of houses in competition with lodges. She mentioned publibity aspect, also that houses can better accommodate children and nurses than can lodges, and she referred to summer business due to vacation rental houses available, and made reference to the ameunt of money spent locally by vacation home owners. She felt that an attempt is being made to place vacation home owners' in a business catrgory. Mr. Stewart referred to the fact that this amendment had been discussed in Council before the lodge owners had brought this matter before Council. He stressed the fact that the burden of payment is not on the property owner. Reference was made tq~the promise to Mr. Morse to withhold action on the second reading of the amendment ~dinance until the meeting of December 18, ~961, to give hi~ an ppportunity to get an expression from the vacation home oWners. Mr. Brelsford said fe~}~ng of the Lodging Associaiion is that such houses are b ' on a competitive asls, and that the same.laws should apply as to lodges - such as licensing and inspection. Mr. Garrish said. that the foregoing w?uld be taken under consideration at the next regular meeting of the ~ity C0u~¢ll on December 18, 1961. 146 Aspen, Colorado Public Hearing on Ordinance Codification held December 11, 1961 - Cont 'd. Mr. Kane then referred to the occupational business tax of $25.00, also to the occu- pational tax on liquor, beer. and wine establishments, and to the contractors' licens- ing ordinance. He referred t6 right of everyone i~ the United States to do busi- ness, and he said he felt such taxes will hurt the town in the long run, and that this is the level at which to stop taxing. Mr. Stewart referred to careful consideration given to each ordinance by the City Council before the adoption of them. Mr. Kane again expressed the opinion that a sales tax would be a better solution, and there was some discussion on this. Mr. Stewart then read the i~ldex under each Section of the code to be adopted - Official Code of Aspen, and Secondary Codes. There being no response to Mayor Garrish's invitation for public comment, the public hearing was adjourned at 9:45 PM upon motion by Anderson, seconded by James~ and carried.