C | Consideration and Adoption of Resolution No. 2023-38 and Ordinance No. 2023-16: A resolution of the Flagstaff City Council declaring as a public record that certain document filed with the City Clerk and entitled "2023 Short-Term Rental Code", and an ordinance of the City Council amending the Flagstaff City Code, Title 3 Business Regulations, by adopting by reference that certain document entitled "2023 Short-Term Rental Code". | ||||||
Public Affairs Director Sarah Langley, Community Development Director Dan Folke, and Senior Assistant City Attorney Anja Wendel provided a PowerPoint presentation that covered the following: SHORT TERM RENTAL ORDINANCE LICENSE PROGRAM HIGHLIGHTS ORDINANCE UPDATES PROHIBITED USES NEIGHBOR NOTIFICATION POSTING ON THE PROPERTY VERIFIED VIOLATIONS PENALTIES FOR VERIFIED VIOLATIONS Mayor Daggett asked if there was anything in the County’s ordinance that staff felt pertinent to add or change. Ms. Wendel stated that one difference was that the County would charge a $250 annual fee. There was not a feeling to increase the city’s fee but it was something that could be considered in the future should there be a need. SCHEDULE OF EVENTS Councilmember House stated that it would be important to make very clear what the ordinance is and is not and what it can and cannot do. The city has very little control over short-term rentals outside of a licensing process and the community must be fully aware of the constraints placed upon the city. Councilmember Harris stated that a Frequently Asked Questions document may be helpful to the process and the public. Councilmember Sweet asked if the proposed fee would cover enforcement and other operations associated with implementation of the ordinance. Management Services Director Rick Tadder stated that a rate analysis was done that considered the cost and staff time associated with implementation and enforcement of the ordinance. Growth and inflation was not considered as part of the study and he suggested that a $5 annual increase could be built into the ordinance to cover that. Councilmembers Sweet and McCarthy voiced their support for a $5 annual increase to the fee. BK Tucker addressed Council and thanked them for their thoughtful consideration of the annual fee. She also noted support for tracking owner-occupied short-term rentals; it was an important distinction in management and enforcement. CJ deVries addressed Council and stated that the proposed ordinance was in conflict with SB1168. He stated that neighbor notification cannot be included in the application. The application could not require the disclosure of the status of the occupancy of the home. He also stated that it should be noted that the city must respond to an applicant within seven days to issue or deny an application. Finally he stated that the applicant should not be precluded from correcting/submitting an application after the ten day period currently proposed in the ordinance. Connie Taylor submitted a written comment in opposition to the short-term license fee. Ms. Wendel stated that staff will take the suggestions under advisement and share any changes prior to the final read. |
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Moved by Councilmember Miranda Sweet, seconded by Councilmember Lori Matthews to read Resolution No. 2023-38 by title only with the addition of a $5 yearly increase and a financial review in three years. | |||||||
Vote: 7 - 0 - Unanimously | |||||||
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED “2023 SHORT-TERM RENTAL CODE” AS AMENDED | |||||||
Moved by Councilmember Jim McCarthy, seconded by Councilmember Lori Matthews to read Ordinance No. 2023-16 by title only for the first time as amended with the addition of a $5 yearly increase and a financial review in three years. | |||||||
Vote: 7 - 0 - Unanimously | |||||||
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 3 BUSINESS REGULATIONS, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “2023 SHORT TERM RENTAL CODE”; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE AS AMENDED | |||||||