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Home My WebLink About01/23/2020 - Workshop Minutes - City CouncilWKSHP012320 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION JANUARY 23, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Mary Ann Powel, Deputy City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney at 4:00 p.m. on Thursday, January 23, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:00 p.m. on Thursday, January 23, 2020 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and  McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas  City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas  Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas WKSHP012320 Minutes Page 2 B. Consultation with attorney to receive legal advice; to wit:  Legal advice concerning a recent Title VII claim C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  Council Self-Evaluation  Zoning Board of Adjustments  City Manager Executive Session recessed at 5:29 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. No items were pulled from Consent for clarification. 5. Workshop 5.1 Presentation, discussion, and possible action regarding the municipal regulation of short term rental housing in consideration of hotel occupancy tax collection. Brian Piscacek, Assistant to the City Manager, delivered an overview of the home short term rental (STR) model, detailed the primary providers in the online marketplace, and addressed general impacts on cities, including tax collection, regulation, and enforcement on August 8, 2019. At that meeting, Council directed staff to: 1) research municipal regulation of STR’s and 2) gather stakeholder feedback. Municipal Regulation of STR’s Mr. Piscacek stated that staff reviewed the short-term rental ordinances of 5 cities in Texas: Galveston, Lubbock, New Braunfels, San Marcos, and Waco. Each ordinance was unique and ranged in terms of regulation and enforcement, characterized by the ways in which STR’s are defined, permitted, and administered. Staff also visited over the phone with employees of each city involved with the management of the STR program. Several cities have engaged with rental compliance consultants to manage the permitting and hotel occupancy tax collection of STR housing. City staff examined these software solutions as well to determine applicability, effectiveness, and associated costs. Currently, none of these cities have entered into an agreement with online platforms to collect and remit hotel occupancy tax on behalf of hosts. However, many jurisdictions across the county, and a handful in Texas, have done so. Stakeholder Feedback Staff held a Short-Term Rental Community Discussion on Monday, November 18, 2019, at the CSU Meeting & Training Facility. A total of 67 real estate professionals, STR hosts, commercial lodging operators, College Station residents, and others attended the meeting, which consisted of a presentation on current conditions, small group discussions, and a questionnaire. Respondents to the questionnaire were generally supportive of regulating STRs, in particular through the WKSHP012320 Minutes Page 3 requirement of a local contact for each unit and educational materials provided to tenants regarding health and safety. Staff recommendation: STR Ordinance  Allow for STR’s  STR Registration  Enforcement of ancillary HOT Collection  Consider agreements with online platforms  Ensure collections and remittance Evaluate  Registration  HOT revenue At approximately 6:26 p.m., Mayor Mooney opened for Citizens Comments. David Higdon, College Station, came before Council on behalf of a group of citizens to thank the Council for bringing this item forward. He stated his belief that STR’s are becoming an emerging market here in College Station and would like our legal department to determine whether these rentals are allowed under current law. Mr. Higdon stated that Council should move cautiously and look at the laws which are established by other municipalities. Overall, he desires to see the city establish laws which are sound and enforceable, not allowing the desire to collect tax revenue drive the regulation. John Woods, College Station, stated that he supports Mr. Higdon but wanted to add that some of the single family neighborhoods do not have the controls of HOAs or deed restrictions to help owners regulate short term rentals. Mr. Woods asked Council to help neighborhoods without HOAs by including an owner occupancy requirement in any perspective ordinance to regulate short term rentals. There being no further comments, the Citizens Comments was closed at 6:49 p.m. Council directed staff to move forward with creating an ordinance to bring back for discussion. 5.2 Presentation, discussion, and possible action regarding an overview of regulatory options related to tree preservation and buffering in residential areas. Jennifer Prochazka, Planning and Development Director, stated that City Council requested information related to potential regulatory options for newly constructed single-family homes to protect existing trees and to provide a vegetative buffer adjacent to other existing single-family homes in established neighborhoods. Current Regulatory Requirements • No “tree preservation” required • 1 or 2 canopy trees per new home • No buffer fencing or perimeter landscape requirement • Fencing and landscape buffer requirements for commercial development WKSHP012320 Minutes Page 4 Council directed staff to reach out to the homeowners, developers, and other stakeholders to gather a variety of views on regulation which may encourage preserving trees, buffering, or anything that would help with Single-Family Redevelopment. Then develop an ordinance to create regulations to preserve trees or develop a buffer. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). Councilmember Harvell reported on the Transportation and Mobility Committee. Mayor Mooney reported on the Intergovernmental Committee. Councilmember Maloney reported on the Economic Development Corporation. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 7:25 p.m. on Thursday, January 23, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary