San Marcos City Council Pass Code SMTX

“Adoption of Code SMTX is a milestone for San Marcos as we continue to grow and add new development to our community,” said City Manager Bert Lumbreras.

After four years of development, City Council passed San Marcos’s new development code, Code SMTX, Tuesday evening.

City council passed item 14A on the first of two readings to replace the city’s old development code with Code SMTX. The item passed with a 6-0 vote with council member Ed Mihalkanin voting no.

“I am very concerned about what could be allowed in different neighborhoods,” Mihalkanin said. “Zoning designations allow certain types of structures, certain types of buildings, certain types of categories of uses, and in effect, the new categories being created in this code would potentially allow different types of housing that I think would be destructive to neighborhoods.” 

Council addressed two other ordinances under agenda item 14. Item 14B amended “various sections” of the city’s comprehensive plan to ensure consistency with the goals established by Code SMTX.

“Adoption of Code SMTX is a milestone for San Marcos as we continue to grow and add new development to our community,” said City Manager Bert Lumbreras. “Many thanks to Planning Manager, Abby Gillfillan, and Planning & Development Services Director, Shannon Mattingly, for spearheading this successful, multi-year project and making it a true community collaboration.”

During citizen’s comments, council members heard the concerns of several residents regarding the city code’s rental ordinance, agenda item 14C. The ordinance is an amendment for consistency or complement to the newly passed development code, according to the agenda.

Currently, the city of San Marcos has a “Nuisance Abatement/Bad Actors” program, which employs a voluntary registration of rental property owners ordinance; property owners who register are notified when there is a violation, complaint or citation issue with their tenants or property.

Under the voluntary program, a property owner, whose property has reached a certain level of citations and violations, is required to register as part of the “Bad Actor” program.

The new rental ordinance will make registration mandatory for all rental properties. City staff said failure to register will result in a violation.

Residents’ were concerned the mandatory registration violated their property rights and privacy. By registering, the city would have records of what a property owner was doing with their private property. 

Others felt it was unnecessary and potentially an overreach on the city’s part.

According to staff, the mandatory registration for rental properties was a recommendation to council from San Marcos Planning and Zoning; staff was then given direction by city council based on planning and zoning’s recommendation.

Several residents noted that the city was already able to find a property owner’s information through public records and a “quick” comparison of utility bills.

According to Jeff Caldwell, director of neighborhood services, there are a number of ways the city currently uses to find property owners. He said in the year he’s been with the city, to his knowledge, staff hasn’t had a problem using those methods to locate owners, and often times, they’re able to get in touch with them the same day or at least within a week.

City Attorney Michael Cosentino said he did not believe the ordinance was unconstitutional.

Council member Gregson clarified with staff that the ordinance will not ask for private information about tenants; during registration, property owners are simply asked to identify the number of people in residence.

City Council passed the ordinances under Agenda Item 14B and 14C with a 6 to 1 vote. Council member Mihalkanin voted no on both.

Rental property owners have until January 2020 to complete registration under the new ordinance; registration will take effect in January 2021.

Council Member Hughson voted to pass Code SMTX; however, she noted that she had stated she would not vote for it until the council had decided what was going to be done about the neighborhood character studies.

During item 15, Council member Hughson said she thought council had “the cart before the horse” when it came to small area plans or neighborhood character studies.

The resolution itself identified the measures needed to “implement or enhance the purposes and objectives of the newly adopted” Code SMTX including the process and timeline for the small area plans/neighborhood character studies.

Council member Hughson made a motion to amend Resolution 2018-61R, so it would include 12 neighborhood meetings for initial discussion with community members, landowners and residents instead of 6.

“If we don’t talk to the neighbors…and landowners, I think we have really messed up,” Hughson said.

Due to confusion over the working of the resolution, Council member Hughson’s amendment to the language failed 3-4 with council members Derrick, Prewitt and Gregson and Mayor Thomaides voting no.

Mayor Thomaides made a substitute motion to postpone the item for one meeting, and a subcommittee of three council members would work with city manager, Bert Lumbreras, to improve the language. The motion passed 7-0. 

Council member Derrick requested to pull items 10 and 12 from the consent agenda for further discussion.

Council member Mihalkanin made a motion to postpone items 2A, 2C and 2D and approve items 2B, 3 – 9, 11 and 13 on the consent agenda.

The motion was approved 7-0.

Item #10: Consider approval of Resolution 2018-57R, approving an Agreement of Sale with the Trust for Public Land for the City to purchase approximately 151 acres of land for the third and final acquisition out of the Wildenthal Tract at a cost neutral amount of $2,265,368, subject to the award to the City of Federal Grant Funds from the Texas Parks and Wildlife Department for such purchase; authorizing the extension of any federal grant restrictions to the abutting approximately 52 acres acquired in phase two; authorizing the City Manager to execute said agreement and related closing documents on behalf of the City; and declaring an effective date.

On item #10, council member Derrick stated that she requested the item pulled to “a false narrative circulating” that “we are using taxpayer money which is not the case, it’s a cost neutral transaction that if we receive the little over $2 million from a federal grant from Texas Parks and Wildlife – we won’t be paying for it at all and if don’t get the grant we won’t be obligated to purchase the land”

Drew Wells, Asst. Director of Community Services, replied to council member Derrick.

“This is revenue neutral to the city,” said Drew. “We are only obligated in this situation if we are successful with the grant.”

“This council has made a big point out of prioritizing land, and river front property ideally would be what we want to spend taxpayer money were we to spend it,” said Derrick. “Well at least in my mind that would be a high consideration for me.”

Derrick and Wells did not state the city would not purchase the property if the city did not receive the grant from Texas Parks and Wildlife, but they said they were not obligated to purchase.

Additionally, federal grant and state grant money is paid for by taxpayers.

Item 10 passed 6-0, with Council member Hughson recusing herself.

San Marcos City Council Meeting To Cover SB 4, Final Vote On Code SMTX & Borrowing $2.6 Million For Purgatory Wildenthal Track

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