City council votes to not change Planning and Zoning supermajority vote ordinance

Kevin Baxter | Staff Reporter

On Tuesday, February 15, the San Marcos City Council met to discuss many items on their agenda, including not changing the supermajority vote ordinance for the Planning and Zoning committee and installing speed humps on Franklin Drive. Among other items, the council also approved an attorney’s appointment to represent the city in an appeal of the termination of a former San Marcos Police Department officer and accepted a grant to the San Marcos Public Library from the St. David’s Foundation.

The council voted to accept the award of a grant to the San Marcos Public Library from the St. David’s Foundation’s Libraries for Health Initiative Grant to support the community’s mental wellness and health. The annual amount of $40,000.00 and total three-year amount of $120,000.00 would be granted. This resolution was passed during the consent agenda without discussion.

Council discussed the installation of speed cushions in both directions in the 500 through 1200 blocks of Franklin Drive. Many citizens expressed their concerns during the citizen comment period, including Robert Eby.

“I fully support item 16 but do not think it goes far enough,” stated Eby. “I would strongly suggest four-speed humps. I don’t like the cushions. I don’t really agree with the cushions, I want the humps. Which is what the survey asked citizens for, we did a survey and it asked for humps, not cushions.”

The next citizen who spoke in support of installing speed cushions on Franklin Drive was Robert Burwell.

“I’d like to second what Robert Eby said already tonight, and that is the survey or petition that the community has agreed to is for speed humps instead of cushions,” said Burwell.

Burwell touched on the issue of speed humps’ effect on emergency vehicle response times, a big concern for the council.

“I was curious about this so I called the fire department yesterday and talked to the assistant chief and I explained the situation, the project, we’re trying to get speed humps. And asked him about routes/primary routes, and I was told that he did not see a problem with humps on Franklin and that since Fire Station Number 2 has been relocated, Franklin is no longer a primary route,” said Burwell.

Sabas Avilla, City of San Marcos Director of Public Works, was brought in to explain and discuss the differences and pros and cons of speed cushions and speed humps.

One concern brought up by Avilla during this meeting, mentioned earlier by Burwell, was how speed humps might affect the response time of emergency vehicles, specifically the Fire Department. The San Marcos Fire department did express concern with how speed cushions would affect their response time.

Avilla described the two options and how speed cushions make it easier for emergency vehicles to drive through.

”The standard speed hump extends the hump across the width of the street, the speed cushion is a variation that provides wide space gaps in the middle of the speed hump that is there to specifically allow emergency management vehicles to cross the speed hump without, one, impacting the emergency management vehicle or firetrucks and, two, so as to not increase response time,” said Avilla.

On the first of two readings, the council voted in agreement to install speed cushions.

Council discussed the consideration of appointing attorney Julia Gannaway to represent the City of San Marcos in the appeal filed by Sergeant Ryan Hartman requesting an arbitrator to set aside his indefinite suspension and reinstate him, with back pay and benefits, to employment with San Marcos Police Department.

Baker mentioned wanting to consider removing specific statutes used to protect “bad police officers.”

“I want the community to know that if they have concerns about these types of issues, that is something where they need to reach out to us over the course of the meet and confirm process to make sure we have policies and ordinances that don’t protect bad police officers,” Stated Baker.

The council voted in agreement to approve the appointment of Attorney Gannaway.

The council also held a discussion relating to potential projects being presented to the council by anyone wanting to build or start a business in San Marcos and provide direction to the City Manager.

Scott brought this item to the council to allow any developer or person with a unique idea of a business to come and present it to the council.

“Making sure that nobody’s gate kept. If they want to bring something to city council and show their idea, that they be allowed to do it,” said Scott.

Hughston and Scott agreed that giving five-minute presentations to developers to show to the council would be a good idea.

Mayor Hughston brought up creating a video workshop available to anyone interested in starting a business, as opposed to the idea of a quarterly workshop brought up by Baker. Both agreed a video would be better.

Council also discussed changing the requirement of a supermajority council vote to overturn a Planning and Zoning recommendation of denial.

Scott brought this item to the council and expressed concerns with the diversity of those appointed to the boards and commissions, which Garza seconded.
Garza agreed with Hughston that the city should “cast a wider net”, in hopes of having individuals from different backgrounds apply for the Planning and Zoning Commission.

“There is no way I will support being changed to a simple majority,” stated Gleason. “It is a true check and balance on growth, projects, anything that goes on in the community.”

Prather was also in favor of leaving the supermajority as is. His reason was that the supermajority was put in place to help deal with the number of appeals and zoning requests brought to the council.

Gonzalez was also in opposition to the idea of changing the vote requirement. Ending the discussion, the council agreed not to change the supermajority.

The full meeting agenda and archived video can be found on the San Marcos City Council website.