Durango City Councilor Keith Brant admitted to renting his primary residence in the city as a vacation rental last year, violating zoning rules.
Tuesday’s meeting started with his public statement and then a discussion about creating a code of conduct and a code of ethics.
Brant and Councilor Christina Rinderle have faced criticism from some residents who have said their work in the real estate industry or managing vacation rentals is a conflict of interest and they should recuse themselves from votes on the issue.
Neighborhood groups submitted paperwork with the city clerk Tuesday to allow a possible referendum or initiative process, or both at once, on the council’s recent decisions to cap vacation rentals at 5 percent and allow retail marijuana stores in mixed-use neighborhoods, attorney Nick Anesi said.
Councilors made an about-face at a special meeting last week and directed staff to draft new retail marijuana and vacation-rental ordinances for reconsideration that could counter complaints of the neighborhood groups.
Brant recused himself from voting last week, saying he would have a more detailed statement at Tuesday’s meeting.
Brant manages vacation rentals outside Durango city limits, and he doesn’t consider that to be a conflict of interest.
He lives in a planned development near Fort Lewis College that he said doesn’t provide for a commercial use. Community Development Director Greg Hoch has said a vacation rental is a commercial use.
“I previously did not understand the various components of the city ordinance, even as someone who is a professional in the field,” Brant said during the meeting. “So I can imagine that much of this is even more confusing to someone who simply wants to understand the rules without spending the significant time council has devoted to the issue.”
Brant said he discovered his neighborhood’s zoning rules in late summer last year but decided to keep a reservation for the last week in December because he was afraid of being sued if he canceled. He has not rented his home out since then, he said.
He also will recuse himself from future votes on vacation rentals that come before the City Council but said he does not admit he has a conflict of interest.
“I’m just taking the high ground,” he said after the meeting.
Councilors approved a resolution directing staff to establish a city code of conduct and code of ethics with public input. Mayor Sweetie Marbury said no tools are in the city charter to address potential conflicts.
“We do have high standards for our city councilors, and we want the public to trust the City Council and to understand that we set high standards for ourselves,” Marbury said. “There have been some mistakes made by Councilor Brant ... but we have no tools to address this in the City Charter.”
Councilor Dick White said city elected leaders, staff and contractors will benefit from having a clear set of guidelines.
smueller@durangoherald.com
