HomeMy WebLinkAbout04/23/2020 - Workshop Agenda Packet - City CouncilCollege Station, TX
Meeting Agenda
City Council Workshop
Phone: 888 475 4499 and Enter Meeting ID: 174 248 177
Internet: https://zoom.us/j/174248177
City Hall Council Chambers
April 23, 2020 4:00 PM 1101 Texas Ave, College Station,
TX 77840
College Station, TX Page 1
1.Call to Order.
2.Executive Session is closed to the public and will be held in the Administrative
Conference Room. The open meeting will resume no earlier than 5:00 pm.
The open meeting will resume no earlier than 5:00 pm.
Consultation with Attorney {Gov’t Code Section 551.071};
Possible action. The City Council may seek advice from its attorney regarding a pending or
contemplated litigation subject or settlement offer or attorneyclient privileged information. Litigation
is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which
needs to be discussed with the City Council. Upon occasion the City Council may need information
from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or
attorneyclient privileged information. After executive session discussion, any final action or vote
taken will be in public. The following subject(s) may be discussed.
Litigation
a. Kathryn A. SteverHarper as Executrix for the Estate of John Wesley Harper v. City of College
Station and Judy Meeks; No. 15,977PC in the County Court No. 1, Brazos County, Texas
b. McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17
000914CV361; In the 361st District Court, Brazos County, Texas
c. City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of
Susan M. Wood, Deceased; Cause No. 17002742CV361; In the 361st District Court, Brazos
County, Texas
d. Carrie McIver v. City of College Station; Cause No. 18003271CV85; In the 85th District Court,
Brazos County, Texas
e. Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; In the
361st District Court, Brazos County, Texas
Legal Advice
a. Legal advice regarding thirdparty funding agreements
Real Estate {Gov't Code Section 551.072};
Possible action. The City Council may deliberate the purchase, exchange, lease or value of real
property if deliberation in an open meeting would have a detrimental effect on the position of the City
in negotiations with a third person. After executive session discussion, any final action or vote taken
will be in public. The following subject(s) may be discussed:
a. Property located generally in the vicinity of Highway 50 in South Robertson County, Texas.
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City Council Workshop
Page 2 April 23, 2020
Personnel {Gov’t Code Section 551.074};
Possible action. The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion,
any final action or vote taken will be in public. The following public officer(s) may be discussed:
a. City Council Self Evaluation
b. City Manager
3.Reconvene from Executive Session and take action, if any.
4.Presentation, discussion, and possible action on items listed on the consent agenda.
5.Workshop Agenda
Speaker Protocol: An individual who wishes to address the City Council regarding any item on the
Workshop Agenda other than those items posted for Executive Session shall register with the City
Secretary prior to the meeting being called to order. To register the individual must provide a name
and phone number by calling 9797643500 or emailing CSO@cstx.gov prior to the start of the
meeting. To submit written comments to the Council email CSO@cstx.gov and they will be provided
at the meeting. Upon being called to speak an individual must state their name and city of residence,
including the state of residence if the city is located out of state. Speakers are encouraged to identify
their College Station neighborhood or geographic location. Each speaker’s remarks are limited to
three (3) minutes. Any speaker addressing the Council through the use of a translator may speak for
six (6) minutes. At the (3) minute mark the City Secretary will announce that the speaker must
conclude their remarks.
5.1. Presentation, discussion, and possible action regarding a prospective ordinance regulating
shortterm rental units in College Station.
Sponsors:Brian Piscacek
Attachments:1.ShortTerm Rental Ordinance_Draft
6.Council Calendar Council may discuss upcoming events.
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City Council Workshop
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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, BioCorridor 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 BryanCollege 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.)
8.Adjourn.
The City council may adjourn into Executive Session to consider any item listed on the agenda if a
matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted on the website of the City of College Station at
5:00 p.m. on April 17, 2020.
This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting
and who may need accommodations, auxiliary aids, or services such as interpreters,
readers, or large print are asked to contact the City Secretary’s Office at (979) 7643541, TDD
at 18007352989, or email adaassistance@cstx.gov at least two business days prior to the
meeting so that appropriate arrangements can be made. If the City does not receive
notification at least two business days prior to the meeting, the City will make a reasonable
attempt to provide the necessary accommodations.
Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun.
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."
Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia.
“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al
aire libre con licencia), personas con licencia bajo del SubCapitulo H, Capitulo
City Secretary
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City Council Workshop
Page 4 April 23, 2020
411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta
propiedad portando arma de mano al aire libre.”
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April 23, 2020
Item No. 5.1.
Short-Term Rental Ordinance
Sponsor:Brian Piscacek, Assistant to the City Manager
Reviewed By CBC:City Council
Agenda Caption: Presentation, discussion, and possible action regarding a prospective ordinance
regulating short-term rental units in College Station.
Relationship to Strategic Goals:
Good Governance
Financial Sustainability
Neighborhood Integrity
Diverse & Growing Economy
Recommendation(s): Staff recommends Council receive the presentation on the draft ordinance
and provide direction as desired.
Summary: Staff presented to Council on January 23, 2020, regarding the municipal regulation of
short-term rental units (STRs) and staff efforts to research ordinances adopted by several Texas
cities. Staff also reported on the stakeholder feedback gathered from STR hosts, real estate
professionals, commercial lodging operators, College Station residents, and others.
At that meeting, Council directed staff to bring a draft STR ordinance for consideration. This
Workshop item will present the draft ordinance and describe how City staff will permit and enforce
STRs in College Station.
Elements of the permit:
• Information on property owner and local contact
• Life safety inspection
• Permit issued for one year
• Permit does not convey if property is sold or otherwise transferred
• Denial or revocation
• Appeal process
Permit standards
• Informational brochure
• Life safety requirements
• Guest conduct
• HOT collection and remittance
• Violations and revocation
Budget & Financial Summary: City policy allows for full cost recovery. An appropriate annual fee to
receive a permit will be applied at application and renewal. All STRs operating in College Station are
required to collect and remit the appropriate Hotel Occupancy Taxes.
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Reviewed & Approved by Legal: No
Attachments:
1.Short-Term Rental Ordinance_Draft
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ARTICLE VI. – SHORT TERM RENTAL REGISTRATION
Sec. 103-242. – Applicability.
This article applies to all Short Term Rental operators unless expressly provided otherwise herein.
Sec. 103-243. – Purpose and Intent.
The purpose of this article is to safeguard the life, health, safety, welfare, and property of the
occupants of residential dwelling units, the neighbors of said occupants, and the general public, through
the registration and regulation of Short Term Rentals and to ensure the collection and payment of hotel
occupancy taxes.
The intent of this article is to preserve the neighborhood character of residential subdivisions within
the City of College Station and to minimize adverse impacts to residential subdivisions caused by Short
Term Rentals.
Sec. 103-244. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Administrator means the City Manager or designee.
Dwelling Unit means a residential unit providing complete, independent living facilities for one (1)
family including permanent provisions for living, sleeping, cooking, eating, and sanitation
Hotel Occupancy Tax means the hotel occupancy tax required to be assessed and collected for the
operation of any Short Term Rental and paid pursuant to Chapter 351 of the Texas Tax Code.
Local Contact means an individual located within 30 miles of the College Station City Hall who has
access to the property and is authorized to make decisions regarding the property while a Short Term
Rental is being rented.
Operator means any person, firm, or corporation who operates a short term rental, as defined in this
article.
Owner means any person, firm, trust, corporation, partnership, or any other legal entity who has a
legal or equitable interest in the property.
Short Term Rental means a dwelling unit that is rented out for compensation on a temporary basis for
a period of less than 30 consecutive days; including but not limited to, single-family unit, duplex unit, tri-
plex, four-plex unit, multi-family unit, manufactured or mobile home unit, townhome, or condominium.
Short Term Rental Permit means a permit issued by the City that identifies the address of the subject
property as a lawful short term rental, the short term rental permit number, the names and contact
information of the owner and local contact, and a 24-hour emergency contact phone number for all the
preceding persons.
Sec. 103-245. – Permit Required.
(a) It shall be unlawful for any person or entity to rent, or offer to rent, any short term rental without
a valid short term rental permit issued under this article.
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(b) A permit issued under this article may not be transferred and does not convey with the property
upon sale. Each new owner of a permitted or previously permitted dwelling unit must apply for a
shorterm rental permit to rent property under the short term rental guidelines.
(c) Each short term rental, shall be issued a permit with a unique permit number. The permit number
must be included in any and all advertisement for the short term rental including internet booking sites.
(d) A permit shall be valid for a period of one year from the date of issuance and may be renewed by
applying in accordance with this article.
Sec. 103-246. Permit Application.
A person seeking a short term rental permit shall submit an application to the City Manager or
designee. Said application shall be in writing, on a form provided by the City, and shall include the
following information (if applicable):
(a) The name, address, email address, and telephone number, of the property owner or operator. If
the applicant or owner is a partnership, a corporation, or limited liability company, the application shall
list the registered agent;
(b)The name, address, email, and twenty-four (24) hour telephone number of a local contact person;
1. The local contact person is the person designated by the operator who shall be available
twenty-four (24) hours per day, seven (7) days per week for the purpose of: (1) responding in
person within one hour to complaints regarding the condition, operation, or conduct of
occupants of the short term rental unit; and (2) taking remedial action to resolve such
complaints.
(c) The physical address of the short term rental;
(d)A statement that the Operator of the short term rental will comply with the requirements of this
article;
(e)Verification the applicant has no delinquent hotel occupancy taxes due on the property;
(f) Such other information as the City Manager, or designee, deems reasonably necessary to
administer this article.
Sec. 103.247. Permit Requirements.
(a) Life Safety Inspection. Prior to issuance of a short term rental permit, the Operator shall allow,
with reasonable notice, an on-site inspection of the short term rental unit by the City Building Official or
designee to ensure compliance with minimum health and safety requirements for use and occupancy. If a
premises fails to pass an inspection, a re-inspection fee may be charged for each subsequent inspection in
accordance with the fee established by resolution. If, upon completion of an inspection, the premises are
found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall
provide written notice of such violation and shall set a re-inspection date for a violation to be corrected
prior to its occupancy. Life Safety inspection may be waived for a renewing permit if the following
apply:
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(i) Operator self-certifies compliance with life safety standards and
(ii) Operator has not been found in violation of this article.
(b) Hotel Occupancy Tax. It is a condition of the initial and continued validity of a Short Term
Rental permit that the operator has paid and remains current on the payment of all hotel occupancy taxes
owed to the City under the Texas Tax Code.
(c) Fees. The Applicant shall pay a nonrefundable application fee established in Section 2-117 upon
submission of a short term rental application to the City. If a dwelling unit does not pass the initial life
safety inspection, the applicant shall pay a non-refundable re-inspection fee established in Section 2-117.
Sec. 103.248. Permit Denial and Revocation.
(a)Denial of Permit. The permit application shall be denied and no permit shall be issued if the City
finds that:
(1)Any statement made in the application is incomplete, inaccurate, misleading, or false;
(2)The operator, its partners, officers, owners, and other principals have not paid to the City all
fees due under this article; or
(3)The applicant has had a short term rental permit revoked within the preceding 18 months.
(b) Revocation of Permit. The City may revoke a permit for one or more of the following reasons:
(1) The applicant fails to comply with or is in violation of any provision of the permit, City
ordinances, or any other applicable law;
(2)The application contains a false or misleading statement of material fact;
(3)The authorized City official determines that the rental poses a serious threat to the public
health, safety or welfare; or
(4)Failure to remit hotel occupancy tax.
(c)Notice of denial or revocation. The City shall provide written notice within ten (10) days of the
denial or revocation of a permit to operator, which shall state the reason(s) for the decision and inform the
operator of its right to appeal the decision in writing including when and to whom it must be delivered.
Sec. 103.249. Renewing permit.
(a)Renewing a permit. An operator may file an application for renewal of the permit. The
Administrator may deny the renewal if there is reasonable cause to believe that:
(1)The applicant has violated any ordinance of the city, or any state, or federal law on the
property or has permitted such a violation on the property by any other person; or
(2) There are grounds for revocation or other sanction as provided in this article.
Sec. 103.250. Appeal.
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(a)The applicant may appeal a denial of a permit by submitting in writing a notice to appeal,
delivered to the City Manager’s office no later than five (5) business days after the denial or
revocation decision.
(b)The notice of appeal must be in writing and state the grounds for the appeal and why the
determination should be reversed or modified. If the applicant makes a timely, written request for
appeal, the City Manager or designee shall hold a hearing within ten (10) business days.
(c) The applicant shall have the opportunity to be heard at the hearing.
(d) After the close of the hearing, the City Manager or designee shall make a determination
concerning approval, denial, or modification of the permit within five (5) business days.
Sec. 103-251. Short Term Rental Operating Requirements.
Each short term rental operator shall do the following:
(a) Informational Brochure. Each operator shall provide to guests a brochure that includes:
(1) The operator’s 24-hour contact information;
(2) Pertinent neighborhood information including, but not limited to, parking restrictions,
restrictions on noise and amplified sound, and trash collection schedules; and
(3)Information to assist guests in the case of emergencies posing threats to personal safety or
damage to property, including emergency and non-emergency telephone numbers for police,
fire, and emergency medical services providers and instructions for obtaining severe weather,
natural or manmade disaster alerts and updates.
(b) Life Safety Equipment. Each operator shall equip the dwelling unit with working smoke
detectors in accordance with adopted codes, at least one working carbon monoxide detector and alarm if
the dwelling uses natural gas or propane, and one working fire extinguisher for each floor of the dwelling.
(c)Maintain the dwelling unit in compliance with applicable building and fire codes adopted by the
City.
(d)Collect and remit the hotel occupancy tax in accordance with Chapter 351 of the Texas Tax Code.
Within thirty days of a rental, the operator shall remit to the City of College Station fiscal department, or
designee, all city hotel occupancy taxes collected pursuant to state law.
Sec. 103.252 – Violation; penalties.
It shall be unlawful for a short term rental operator to operate, maintain or conduct within the City a
short term rental without first securing a permit, and/or without complying with all of the provisions of
this article or any other law.
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Any person, firm or corporation violating any of the provisions of this article shall be punished as
provided in Section 1-7.
Failure to timely pay the hotel occupancy taxes is considered a violation of this article and may result in
revocation of the permit.
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