HomeMy WebLinkAboutMIN 09.22.2009 CC-RMinutes •' 'Meeting of ®t • • •:
of the City of Georgetown, Texas
Tuesday, September 9
The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
George Garver presiding.
Council Present: :' Council Absent.
Keith Brainard, Gabe Sansing, Dale Ross, Ben ''i All Council Present
Oliver, Pat Berryman, Bill Sattler, Patty Eason
taff Present:
Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jessica Hamilton, City Secretary;
it Micki Rundell, Chief Financial Officer; Jim Briggs, Assistant City Manager for Utility Operations; Elizabeth;
Cook, Community Development Director; Patrick Hurley, Police Captain; Randy Morrow, Director of
Community Services; Eric Lashley, Library Services Director; Thomas Benz, Systems Engineering j
Director; Robbie Wyler, Historic District Planner; Kimberly Garrett, Parks and Recreation Director; Jordan
J. Maddox, AICP, Planner II1;
—41
iter
Regular Session - To begin no earlier than 06:08 P
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
Comments from the Mayor
- Welcome and Meeting Procedures
- National Arts and Humanities Month Proclamation
City Manager C.omments
Despite the recent rains, the City of Georgetown will continue its Mandatory Water Restrictions. As a reminder,
Water no more than three days each week, with a schedule based on the last number in your home address.
-• • . i' . - .. .' . .. • . •....
There should be no outdoor watering on Monday. If you water once or twice a week, choose your days or day
according to the watering schedule. You should water between the hours of 7 p.m. and 10 a.m. No watering
between 10:00 a.m. and 7:00 p.m. on your watering days.
Please refer to the City's website at www.georgetown.org for specific information on watering schedules and
restrictions.
The Georgetown Police Department is enforcing these mandatory water use restrictions. Violations are a Class
City Council Meeting Minutes/Septemer 22, 2009
Page 1 of 10 Pages
C misdemeanor, punishable by a fine of up to $2,000 per day. Fines can increase for subsequent offenses.
The Capital Area Metropolitan Planning Organization (CAMPO) is presenting the three possible concepts for
investing in the transportation system between now and 2035. Everyone is invited to provide feedback to help
positively impact Central Texas for decades to come! This is the 5 county planning effort that will guide future
State and Federal transportation funding decisions over the next 3 to 5 years. CAMPO is the state designated
planning agency for the "urbanized" area surrounding Austin. A survey can be completed online at
http://www.CAMPOTexas.org, or at any of the multiple booths that will be set up around the region, including
one that will be set up at the Georgetown Housing Authority at 210 W. 18� Street, on Tuesday, October 6" from
6:00 p.m. — 8:30 p.m.
The City is now taking applications for the Fall 2009 Georgetown Citizen Academy. The mission of the Academy
is to provide the citizens with the opportunity to learn more about the services and operations provided by the
City of Georgetown. For more information, please go to our website at www.georgetown.org or contact Shirley
Rinn at 930-3723. The deadline for submitting applications for the Academy is September 25, 2009.
Action from Executive Session
Motion by Sattler, second by Brainard that the City Council not approve the recommendation of the 4B Board
(GTEC) with regard to Project Apple. Approved 4-3 (Eason, Berryman, Sansing opposed)
Public Wishing to Address Council
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the
table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to
speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called
forward to speak when the Council considers that item.
On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the
City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the
subject matter of the topic they would like to address and their name. The City Secretary can be reached at
512/930-3651.
B - As of the deadline, there were no persons who requested to address the Council on items other than what was
already posted on this Agenda.
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
C Consideration and possible action to approve the minutes of the Council Workshop held on Tuesday,
September 8th and the Council Meeting on Tuesday, September 8th, 2009 -- Jessica Hamiton, City Secretary
D Consideration and Possible Action on a Preliminary Plat for 72.89 acres in the J. Thompson Survey to be
known as Weir Ranch, located at RM 2243, approximately 2 miles west of I.H. 35, Carla Benton, Planner II
and Elizabeth A. Cook, Community Development Director
F Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board
for the approval of an allocation of $2,000.00 in Hotel Occupancy Tax (HOT) funds to the Georgetown
High School Basketball Booster Club, for help in the cost of promoting and facilitating the Jack Frost
Thanksgiving Invitational Tournament -- Cad Miller, Tourism Manager and Randy Morrow, Community Services
Director
G Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board
for the approval of an allocation of $2,900.00 in Hotel Occupancy Tax (HOT) funds to Georgetown Art
Works, for help in the cost of advertising and promoting the Fall Art Hop and Banner Project -- Cari Miller,
Tourism Manager and Randy Morrow, Community Services Director
H Consideration and possible action to appoint John Hopper as Chair of the Airport Advisory Board -- Mayor
George Garver
Consideration and possible action to appoint Porter Cochran to the Planning and Zoning Commission to fill
a vacancy -- Mayor George Garver
City Council Meeting Minutes/Septemer 22, 2009
Page 2 of 10 Pages
Motion by Oliver, second
by Eason
to approve
the Consent Agenda with the exception of item E which was
pulled by Councilmember
Brainard.
Approved
74
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
J Consideration and possible action regarding a report of recent activities of the Arts and Culture Board --
Charles Aguillon, Chair, Arts and Culture Board; Eric Lashley, Library Director and Randy Morrow, Director of
Community Services
Mayor introduced Aguillon who, with a Powerpoint presentation, gave a brief overview of the Arts in Georgetown.
He spoke about the guiding principles of the Arts and Culture Board. He talked about many efforts the Board
has been involved in and he noted how the arts put people to work. He spoke briefly about the Happy Trails
Banner project beginning in October. He said they will also host the first Georgetown Art in the Square which
used to be called Art in the Park. He said they will also continue to create opportunties to expand the
infrastructure for art in the community. He spoke about the installation of hanging systems in public facilties for
donated, loaned, or purchased art work. He said another guiding principle is to develop innovative ways to
market Georgetown as an arts and culture destination. He spoke about the sculpture shows at the Libaray and
in San Gabriel Park. He said they are looking at October as the Month of the Arts.
He said all of these things have guided the Arts and Culture budget. He said there are three areas they are
focusing on this year. He spoke about grants available for eligible non-profit arts organizations. He spoke about
their efforts to gain more support for public art and culture in the community. He spoke about their
administrative costs and current community public art projects already underway. He described the sculpture
pad project in San Gabriel Park and noted they will also have their second Summit of the Arts event. He said
the month of October is the Month of the Arts in Georgetown. Mayor presented Aguillon with a proclamation
declaring October as National Arts and Humanities Month. Aguillon introduced the members of the Arts and
Culture Board to the City Council.
K Consideration and possible action to approve the purchase of mobile handheld ticket devices from Brazos
Technology, Inc. for $49,028 to replace existing units in Police Services -- Patrick Hurley, Police Captain
Hurley introduced himself and said he wanted to do a brief presentation on their project for the replacement of
the existing handheld citation management system. He said the City has been participating in an automated
citation management system for the last nine years. He said the City is currently partnered with a company
called Duncan Solutions. He said the original devices are very large and bulky. He added, in 2005, the
department moved to the second generation device. He said the new device was easier to use and navigate,
but still had some quirks. He noted the units have been in service for four years and they are starting to reach
their life expectancy. He said, although the repairs are covered by maintenance, it is still a large cost to mail off
the units to be fixed. He said there have been shortages of units for officers when many have been shipped out
for maintenance. He added it got to the point where they needed to consider changing devices and/or vendors.
He said they chose Brazos Technology as a new vendor and he explained the reasoning behind the decision to
go with them. He said the new proposed devices were tested by the traffic unit at the Police Department. He
showed Council an example of the third generation technology and he spoke about the advantages of the new
device. He said the devices are made by Motorola and are used by all three vendors the City researched. He
said the type of paper used by the new device will save the City a lot of money. He noted this device has a
scanner and added it speeds up the whole contact process. He said this will also interface with the INCODE
system at Municipal Court. He concluded that the department feels like these devices are superior.
Motion by Eason, second by Berryman to approve the purchase. Sattler asked and Hurley said, if the
department gets ten devices now, they will have to continue using the existing units for as long as necessary.
Hurley said they are getting to the point of having to pay for annual maintenance. Zavala added, if the
department gets all twenty now, the City will save about $16,000 per year. Sansing asked and Zavala said the
net difference is about $15,000. Eason amended her motion, second by Berryman to purchase 20 sets
instead of 10. Approved 7-0
L Public Hearing to consider an Appeal of a decision of the Historic and Architectural Review Commission
regarding the denial of a Certificate of Design Compliance for 501 South Austin Avenue -- Elizabeth Cook,
Director of Community Development
Mayor introduced the item and Carls walked the public through the Historic and Architectural Review
City Council Meeting Minutes/Septemer 22, 2009
Page 3 of 10 Pages
Commission appeal process. Berryman recused herself from the meeting.
Cook reviewed the item and said the applicant is bringing forward an amendment that does not comply with the
City's current Sign Ordinance and the Master Sign Plan. She explained what would currently be allowed to
Merrill Lynch under the current Master Sign Plan for Tamiro Plaza. She said Merrill Lynch indicated they can not
have their sign without their logo attached, based on their corporate regulations. She said the Plan did not
make provisions for logos. She said, because of this, they made the request to have two LED lit signs above the
first floor window on the building. She said the signs would measure 11 feet wide by 2.6 feet high. She noted
they would have a white with black outline of the corporate bull logo. She showed Council the proposed design
of the sign. She said the application went to the Historic and Architectural Review Commission (HARC) on
August 27th, 2009 and noted, by a vote of 5-1, HARC denied the application. She said the Unified Development
Code (UDC) makes provisions that says an application denied by HARC can file an appeal with the City Council.
She said City staff, in their analysis, did not make a recommendation either for or against the sign as was
proposed. She said it was determined at the HARC meeting that the applicant confirmed that a portion of their
sign goes beyond the sign freeze area on the building. She gave examples of a "sign freeze." She said City
Council, in this case, is acting in the place of HARC. She said the Council can affirm, reverse, or edit the
decision of HARC.
Speaker Robert Berryman, Associate Resident Director of Merrill Lynch, said they have been in the community
for 14 years and noted they have served over a thousand clients in the area. He said they were in need of
additional space and they decided to move to Tamiro Plaza. He said they thought this would be an effort to
bring more business and vibrancy to the downtown area. He said there are currently six financial officers in their
office and said they are the only Merrill Lynch office in Williamson County. He said Chris Damon has graciously
volunteered to do the presentation and noted, if the signage proposal is accepted, the owners of Tamiro Plaza
have agreed that no signage will be allowed on the north side of the building on 5th street or the north side of
the main entrance on Austin Avenue. He gave the City Council a letter from the building owner. He noted they
are in a very highly regulated industry and he said they have a federally registered trademark. He introduced
Council to Chris Damon, who is the owner of GX Creative and is a local consultant on graphics.
Speaker, Chris Damon, said he has a marketing firm in town and noted he is also a building owner in
Georgetown. He noted he has spent 4 years in service to Georgetown on the HARC Board. He said, when this
was presented before HARC, there were eight sign guidelines that were met by the applicant. He said the staff
conclusion said "this sign does not directly go against any guidelines outside of possibly competing with the
building and lacking appropriateness." He said Merrill Lynch thinks have a reasonably appropriate sign. Damon
said they went around the local area and found examples of other signs that HARC found to be appropriate. He
noted they were left a little flummoxed. He showed City Council Merrill Lynch's name and logo. He spoke about
the logo and its use in identifying who the company is and their "name." He said what they are requesting is
extremely reasonable and it is what everyone else has. Damon explained the proposed sign and how it will look
on the building. He showed a picture of the north wall and west wall of the building and what the actual sign will
look like once it is erected. Damon said he went around downtown and found those signs that HARC has
already deemed to be appropriate. He said the signs they found are massively larger than what Merrill Lynch is
proposing. He show many of the signs to the Council. He said the sign that is already on the Tamiro building is
roughly the same dimension as the proposed Merrill Lynch sign. He said it is important to protect the merchants
in the downtown area. He asked why the Merrill Lynch sign was thought of as being inappropriate compared to
all of the other signs in the community. He spoke about another example in Georgetown where there are
multiple tenants in one building. He asked that Council review what they have just seen and heard and he
asked the Council to approve their appeal and reverse HARC's decision.
Public Hearing was opened at 7:07 p.m.
Speaker, Mel Pendland, said he is here in support of the request from Merrill Lynch to approve their signage. He
said the Chamber respects HARC and their decision and added, in this particular instance, they got it wrong.
He said he believes Mr. Damon has made a persuasive case. He noted the sign might be an appropriate symbol
along the Chisholm Trail in a time of economic hardship.
Speaker Troy Johnson, a financial advisor from Merrill Lynch, said he is there to let Council know how important
this is to them, their business and their clients. He noted it is important for their clients to know where they are
located. He said they are the only Merrill Lynch office in Williamson County, south of Waco, west of
Bryan/College Station and north of the Arboretum. He said they take in a lot of business from surrounding
counties outside of Williamson.
Speaker Robert Choi, representing his father the building owner Tamiro Ventures said he is here to state their
City Council Meeting Minutes/Septemer 22, 2009
Page 4 of 10 Pages
ongoing commitment to bring
quality
to downtown
Georgetown. He said they are waiving an aspect of their
Master
Sign
Plan
to allow
the
Merrill
Lynch
sign
to
comply.
Speaker, James Ramsey, said he is the owner of Silver and Stone in the Tamiro Plaza building. He noted he
understands the importance of signage to a business. He said the sign he put up for his business brought his
sales up 53%. He welcomed Merrill Lynch to their building.
Speaker, J.C. Johnson Jr., said he serves on HARC. He said he is there to ask Council to sustain HARC's vote
and ruling on this matter. He noted the signage for the Silver and Stone restaurant is different from the Master
Pian that Mr. Choi submitted to HARC. He added this signage was approved before the Master Plan was
submitted to HARC. He said there is nothing ugly or objectionable about the sign, but noted their business is
not an "impulse buy." He noted, when he wants to invest in Merrill Lynch, he knows where they would be
located. He said keeping the signage reasonable is what the both the building owners and HARC has in mind.
Speaker, Kyra Quenan, said she and her husband own Quenan's Jewelers. She said she believes the signage
requested is tasteful and appropriate. She said she feels it is crucial to be opening and welcoming to new
businesses in the downtown community. She understands that the approval process can be appropriate but she
noted there is a pattern of objective approval that can be a hindrance to businesses coming into the City.
Speaker, Ellen Davis, said she was at the HARC meeting where this issue came up and added the Board gave
the applicant a fair hearing. She noted it would set a very dangerous precedence for the City Council to overturn
the decision of the Board. She said she thinks the City needs to let this Board do its job. She noted, while the
applicant may be upset, the work they are doing is important and meaningful.
Speaker, Myrna Rapp, said she would like to say she agrees with HARC and their decision. She said her
account is with Merrill Lynch and noted she found it without a sign.
Speaker, Dee Rapp, said she is a member of HARC. She noted this is not an issue of a disagreement about
the design of the logo nor an issue of a shortsided Board that is unwilling to compromise. She said numerous
questions were asked in an effort to find consensus. She said the Board is dealing with, in this case, a
multi -tenant building. She said it is not the first time this issue has come up. She said, in her view, both the
issue and solution rests with Tamiro Plaza as this is a master design compliance problem. She said HARC has
to keep in mind they represent the other tenants, the UDC and the master design compliance. She said it is no
ones goal to make the building a giant billboard. She noted the Tamiro owner should work with City staff to
revise their existing plan while keeping the UDC in mind.
Speaker, Susan Firth, said she is a HARC commissioner. She noted the City's design guidelines are the voice of
the community and it is important to remember the issue is the sign, regardless of the tenant. She noted, when
considering a request, HARC looks at the downtown guidelines and the UDC. She noted the proposed sign
does not meet several of the guidelines. She reviewed two main guidelines that the sign did not meet. She said
the Master Sign Plan for Tamiro Plaza has not been met. She added care and foresite must be taken when
designing downtown signage.
Speaker, Ross Hunter, said he is an editor of the website OldTowners.com. He said, when Council decided to
limit seats on HARC and set up this appeal process, he found it an unwise decision. He said the precedent that
Council will set if they deny HARC's decision will have significant ramifications that may extend beyond this
decision. He said Council is obligated to lay aside their own personal preferences and opinions and truly think
and act like the HARC Board. He said that the UDC states that, when an appeal is brought to the Council,
HARC's decision is presumed to be valid. He noted the burden is on the applicant to present new information
and, in his opinion, no new evidence has been brought forward. He said what they are doing is reviewing the
evidence given to HARC to see if they've missed something. He noted every compromise the Board offered to
the applicant was met with a 'No." He said, if the Council overturns the decision of HARC, it should supply
evidence and clear reason for why it is doing so. He said it seems that the smart move is to sustain the HARC
decision and then the applicant can come back with an alternate application.
Speaker, Rick Williamson, thanked Council and said he resides in the Old Town overlay district. He said he
takes issue with the idea that this Council should overturn its own HARC commission's denial of the request. He
noted reversing a near unanimous decision would not be a prudent thing to do. He said that decision would not
be founded in solid evidence. He said they are trying to avoid a building becoming a billboard.
Speaker, Peter Dana, said he is here to support HARC, its members, his rulings, and its autonomy. He said,
this afternoon, he looked at a Merrill Lynch sign on a building in Dallas without a bull logo. He said the future of
Georgetown is embodied by the guidelines protected by HARC. He said overriding a decision made by HARC
City Council Meeting Minutes/Septemer 22, 2009
Page 5 of 10 Pages
sets a
bad precedence.
He said it
implies that HARC has made a mistake when many people think the Board is
doing
just
what
they are
chartered
to do.
Speaker, Sherry Dana, thanked Council and said hardworking and dedicated volunteers sacrifice their time with
their family to come up with these guidelines. She said when a Councilmember publicly refutes a decision made
by a Board, it hurts the community as a whole. She noted she learned that Merrill Lynch owes the state of
Texas $12.7 million to settle an investigation into their marketing practices. She added Bank of America's
purchase is subject to a criminal investigation. She said she is here because it's not about one sign or one
Board, but it's for the respect of all of the dedicated members of the volunteer Boards and for the merchants that
contribute to the community.
Speaker, Bill Russell, read a statement from the Georgetown Heritage Society. He said the Executive
Committee has said that the downtown design guidelines are used to protect the overall character of the
downtown district. He said this proposed sign does not go along with the character of downtown Georgetown.
He noted the Heritage Society is asking Council to deny the appeal.
Speaker, Bryan Farney, said they own a few buildings on the square. He said the sign does not seem to be
shocking or detrimental to the square. He said, as the owners of downtown buildings, they have fourteen
tenants on the square. He said these businesses work hard to stay in business and signage is a part of that
process. He said a sign is not only about helping people find a business, but conveying the image of the
business. He said he is speaking for the existing businesses as well as the future tenants. He noted, in most
instances, HARC becomes an issue when tenants are looking to rent space on the square. He said HARC does
not face the voters and it is the Council's decision to balance the business interest of the square with the issue
of keeping it historic.
Speaker, Paul Franczek, said Georgetown is a historical district and is a unique struggling business area. He
said there are numerous storefronts and empty offices and noted these empty buildings represent a loss in tax
dollars. He said Merrill Lynch is telling the City who they are and what they do with the proposed sign. He
spoke about other vendors who wanted to open a business on the square but, when they heard of the existing
regulations and restrictions, they went elsewhere. He said approving the sign will add a distinct flavor and set a
tone of an energetic, thriving City. He said, if Council says no to the sign, they are saying no to any other
national chain who would want to open up on the square. He said saying no to the sign will be nailing a coffin in
a dying historical district.
Speaker, Gretchen Johnston, said she has lived in Georgetown since 1965. She said she has heard wonderful
points on both sides of the coin. She noted what strikes her the most is that the HARC made a well thought out
decision. She said, to overturn that decision, it ses a precedent that may be hard to pull back from. She sad
Merrill Lynch is an excellent business but noted she would like to see some sort of compromise between the
business and HARC. She said she could see that these two entities could come together and come up with
something to make everyone happy.
Speaker, Matt Mackay, said he is a financial advisor for Merrill Lynch. He said he hopes the City Council will
approve the sign.
Speaker, Nancy Knight, said she has served on HARC for four years and was part of a lot of the decision
making processes with the signs around Georgetown. She said she does not have enough fingers to count how
many times they would have to discuss the Choi building for design reasons. She urged Council to go back, look
at the process and look at what the entire building will become.
Speaker, Clare Easley, said she would like to speak briefly about logos. She said she was on HARC when
WellsFargo came and wanted a red and black sign with a stagecoach and horses. She said they made their
compromise with the City and noted compromise is possible. She added tonight, she wanted to protest approval
of a lighted Merrill Lynch sign. She said this has ignored the downtown Georgetown guidelines. She said she
was on the Commission that drew up the design guidelines. She said they worked diligently for two years to
draw up these guidelines. She noted they had input from the Texas Historical Commission and noted this was
not a trivial undertaking. She said this sign has ignored several of the guidelines and added it does not even fit
Francisco Choi's master sign plan for his building.
Speaker, Hildegarde Johns, said for 25 years she lived in a house she restored in Galveston which was built in
1898. She said she was a volunteer for the Galveston Historic Foundation and chairman for the Historic District
Review Board. She said she comes to Council with knowledge of the process and noted, if Council overturns
HARC's decision, the Council is really establishing a very dangerous precedent.
City Council Meeting Minutes/Septemer 22, 2009
Page 6 of 10 Pages
Speaker, Renee Hanson, spoke about her involvement with working with the City's downtown design guidelines.
She said the vision developed by the community was to enlarge the downtown beyond the historic district and
create a unique shopping and entertainment experience. She said this is not just preservation, but it is
economics. She said the City's success is shown by national and state awards and the fact that the City is used
as an example for even Round Rock. She said the City's ambience is kept by each decision made and signage
is one of those important decisions. She said, in the appeal letter, the applicant states that that all guidelines
were met. She noted those guidelines were not met and she explained how the sign did not meet the guidelines.
She said the Master Sign Plan has been amended twice but, both times, included the Merrill Lynch business.
She said this issue is about miscommunication between the building owner and the business. She said, if the
Council approves this appeal, it is breaking its own Ordinance. She spoke about when Council could do if they
denied the appeal. She said the design guidelines have a purpose and noted it does not mean the City does
not welcome Merrill Lynch. She said she would like to respond to vacancies on the square and noted, she has
lived with the ups and downs of downtown Georgetown. She noted we are in a difficult economy right now and
noted all local shopping centers are having problems with vacancies.
Public Hearing was closed at 8:00 p.m.
Mayor said this evening is one of the things that makes this City great. He said the citizens have presented
quality, insightful testimony and he commended the audience for their respect and hardwork. He said any
decision made is unlikely to meet the standing applause of the audience but they should know that every
opinion has been heard.
Brainard asked to speak to someone about the compromises that were discussed at the HARC meeting. Cook
said she knows there was discussion about reducing the size of the sign. She said the location of the Silver and
Stone sign was a compromise and noted a compromise has been made with other businesses. Wyler said the
compromise was to reduce the sign but Merrill Lynch said it could not because that would reduce the buil logo,
which is restricted by corporate regulations.
Berryman said it did not allow for the logo to be put on the green freeze panels but noted, the Merrill Lynch logo
is what it is and there are not several other logos that they can use. He said the size of the bull dictates the size
of the text on the sign. He noted this is a federally registered trademark which is registered with the stock
exchange. Ross said Mr. Choi has indicated that he would agree to have this be the only signage on those sides
of the building. Cook said this is something that was not presented to HARC at the meeting but it could be a
compromise. Ross asked and Johnson said he does not think it is an ugly sign but noted the City must
safeguard against having similar signs plastered all over the building by other tenants. Eason asked and Firth
said, in addressing Ross' concern, the HARC Board was told that the Silver and Stone sign was going to be the
only request. Oliver said he has to begin with the assumption that the decision of the HARC was valid and ask if
there was evidence not taken into account the first time. He said the question is whether or not there is credible
evidence for overturning the decision of the Board.
Oliver said it seems the appropriate thing for Council to do is to the affirm the decision of the Board and ask
Merrill Lynch, staff and Francisco Choi to sit down and come up with a real Sign Master Plan. He said, rather
than Council legislating at this point, they should see if a new Master Plan could be a new compromise. Sattler
said he read in the text that the building's Master Sign Plan is more restrictive than the UDC guidelines. Cook
agreed and said, if the proposed sign met the Master Sign Plan, it would still go to HARC for approval. Sattler
asked and Cook agreed that the Master Sign Plan could be modified. Brainard said he appreciates Oliver's
remarks but he would like to see the business have their sign. He said he is sympathic to the issue of the
building coming back repeatedly for sign approvals. He said he has spent a lot of time in Savannah, Georgia
and noted they have a lot of signs that are not detrimental to the community.
Sansing said he was on the design guidelines committee with Clare Easley and it was a long process. He said
his memories were different and noted everything brought forward was changed by the City Council at that time.
He said he will always be a vocal opponent to the City's restrictive sign ordinance and noted he does not have
issue with the sign. He asked for people who own or lease a space in the downtown area who would like for this
appeal to be overturned to raise their hand. He said people should do what they can to improve the community.
He said he firmly believes that the Choi's need to look at their Master Sign Plan to anticipate future sign issues.
He said he thinks the City has created a monster and it all started with the design guidelines. He said he does
not believe having a sign on the side of this building would negatively affect the City. He said he will support this
sign with the caveat that the Tamiro owners look at their Master Sign Plan and anticipate future signage issues.
Eason said she would
like to go in Oliver's
direction and noted
this body has been turned
into
a judicial
body.
She
said
judges
don't
make
compromises
and
noted
they only
make
decisions.
She
said
this
situation
needs
City Council Meeting Minutes/Septemer 22, 2009
Page 7 of 10 Pages
work and that work is something that Council can not deal with tonight. She said she supports the idea of
upholding HARC's decision and having the applicant do some thinking about what kind of compromise they can
come up with. She said there is more compromise out there than what was brought out at the HARC meeting.
She said she thinks staff needs to be more helpful in expressing various possibilities for solutions. She said her
problem is that the sign is lighted and noted she does not believe there should be more than one sign on the
building. She said her position is that a Councilmember should not be turned into a judge. She said her concern
is that this body would reverse HARC's decision and added she has not heard anything to give real reason for
reversing their decision.
Ross said Eason and Oliver voted to put this process in place. Ross said there is a compromise and noted Choi
said this would be the last sign on the building. Oliver agreed with Ross and said he was on Council when this
process was put in place. Oliver clarified and said he is worried about having a tangible plan and the letter they
recieved is not tangible. Oliver said it would be the right decision to affirm HARC's decision and to ask Tamiro
Ventures and HARC to work together to develop a new Master Sign Plan. He said, if the City overturns this
decision, they will be letting someone off the hook. He said the City needs to focus on planning and being clear
about what the objectives are for the signs on this building. Brainard said the Council could approve the sign as
long as the building owner could not have additional signs without approval of HARC.
Sattler asked and Cook said a Master Sign Plan is usually for a multi -tenant building. She said the Plan creates
rules for signage on particular buildings. Ross asked and Cook said the Council could add conditions to prohibit
additional signs on the building. Mayor said and Cook confirmed the owners of any buildings that have multiple
tenants would be well advised to plan in advance the estimated tenants and a master sign plan. Sansing said, if
you look at the photo of the building provided, it appears there 20 freezes available for signage. Choi said not
every tenant has requested additional signs. He noted they would never want to clutter the building with more
signs. He added he would not want to build another building in downtown Georgetown if they had to go through
this process. Sansing asked and Choi said Merrill Lynch has top signage and billing on the building. Choi
mentioned Merrill Lynch will also be the most prominent sign.
Motion by Oliver
second by Eason that
the Council affirm HARC's decision and request that
Merrill Lynch and
Tamiro work with
HARC to bring back to HARC a Master Sign Plan which takes into account
the concern of
multiple signs as
well as Merrill Lynch's
needs. Denied 24 (Brainard, Ross, Sattler, Sansing
opposed)
Motion by Brainard,
second by Sansing to reverse the decision
of HARC and
direct staff, the building owners
and HARC to submit
a revised Master Sign Plan for the remaining tenants of
the building. Eason said she will
be voting against this motion and noted she thinks there was no
compromise
on the side of Merrill Lynch. Oliver
agreed and said this
is terrible that Council is violating the rules
that this very
body put it place. Ross said he is
confused on what the Council would be violating and noted this
process was
put into place by a previous
Council. Approved
4-2
(Oliver,
Eason opposed)
M Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to approve Task Order No. KCI -09-002 with Kennedy Consulting, Ltd., of
Georgetown, Texas, for professional engineering services related to Phase II Engineering Design to develop
plans, specifications and estimate (PS&E) for the intersection improvements of D B Wood Road/Shell Road
at Williams Drive in an amount not to exceed $84,500.00 -- Thomas R. Benz, P. E., Systems Engineering
Director and Jim Briggs Assistant City Manager for Utility Operations
Benz reviewed the item. Motion by Sansing, second by Berryman to approve the task order. Approved 6-0
(Sattler absent from dais)
N Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action for approval of Task Order No. TCI -09-006 with Terracon Consultants, Inc.,
of Austin, Texas, for professional engineering services related to Construction Materials testing for the 2008
Street Rehabilitation Project — Phase 11 in an amount not to exceed $55,000.00 -- Thomas R. Benz, P. E.,
Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations.
Benz reviewed the item. Motion by Brainard, second by Berryman to approve the task order. Approved 74
O Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to approve Task Order No. SBE -09-008 with Steger Bizzell of Georgetown,
Texas, for professional engineering services related to Phase II Engineering Design to develop Plans,
Specifications and Estimate (PS&E) for the intersection improvements of Northeast Inner Loop and FM 971
in an amount not to exceed $130,000.00 -- Thomas R. Benz, P. E., Systems Engineering Director and Jim
City Council Meeting Minutes/Septemer 22, 2009
Page 8 of 10 Pages
Briggs Assistant City Manager for Utility Operations
Benz reviewed the item. Motion by Brainard, second Sansing to approve the task order. Approved 7-0
P Public Hearing and First Reading of an Ordinance adopting the Utility Master Plan Executive Summary as
an Element of the 2030 Comprehensive Plan -- Jordan J. Maddox, AICP, Planner III and Thomas R. Benz, PE,
Systems Engineering Manager
Maddox reviewed the item and said this would be adopted as an Element of the Comprehensive Plan. Maddox
read only the caption of the Ordinance on first reading after having satisfied the requirements of the City
Charter.
Public Hearing was opened at 9:04 p.m.
No persons were present to speak.
Public Hearing was closed at 9:04 p.m.
Motion by Sansing, second by Berryman to approve the Ordinance on first reading. Approved 7-0
O Second Reading of an Ordinance amending Section 12.20.100 of the Code of Ordinances and Adding New
Section 12.20.120 "Special Permits for Extended Hours" to allow exceptions to Parks Hours in San Gabriel
Park -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services
Morrow reviewed the item and summarized the last action taken by Council. He read only the caption of the
Ordinance on second reading. Motion by Berryman, second by Sattler to approve Ordinance 2009-52.
Sansing asked and Morrow clarified the $100 deposit provision. Brandenburg explained that process.
Approved 74
R Second Reading of an Ordinance for a Rezoning for Hughes Addition, Block 3 (n/ctr/pt), 0.1651 acres, and
Hughes Addition, Block 3 (ne/pt), 0.2147 acres, from RS, Residential Single -Family to CN, Neighborhood
Commercial, also known as the McIntosh Snyder House, located at 514 & 516 E. University Avenue -- Robbie
Wyler, Historic District Planner and Elizabeth Cook, Director of Community Development
Wyler described the item and spoke about the history of the item. He said there are currently two extra parking
spaces available on the location. He said the streets department said there is a process for a "no parking"
provision to be put in place for that location. He said the applicant has stated that he owns a lot on the adjacent
block that he could use for overflow parking. He noted the applicant does not see that happening. He said the
Bed and Breakfast Ordinance is very detailed about the kitchen section. He said the applicant has taken out the
kitchen and stove and he has agreed to make sure it is in complete compliance. Wyler described three new
conditions that were added to the Ordinance. Wyler read only the caption of the Ordinance on second reading.
Motion by Eason, second by Berryman to approve Ordinance 200943. Ross asked and Wyler said the owner
would have to go back through the rezoning process if they wanted to revert back to the old zoning designation.
Approved 7-O
S Second Reading of an Ordinance terminating a continuous geographic area within the City of Georgetown
generally located at the Southwest Corner of IH 35 and SH 29 W as a Reinvestment Zone for Tax Increment
Financing purposes pursuant to Chapter 311 of the Texas Tax Code -- Micki Rundell, Chief Financial Officer
Rundell
reviewed the
item and read only the
caption of the Ordinance on second reading. Motion by Sansing,
second
by Berryman
to approve Ordinance
2009-54. Approved 7-0
E Discussion and possible action to execute an agreement between the City of Georgetown and Clear Wireless
LLC for the lease of antenna and equipment space at the James Street elevated storage tank in the
amount of $29,000.00 -- Glenn Dishong, Water Services Manager
Pulled to Regular Agenda by Brainard. Motion by Brainard, second by Berryman to refer this item to the
Georgetown Utility System (GUS) Advisory Board for consideration. Approved 7-0
Mayor made additional comments and said the Housing Authority was offered a grant in excess of $1 million that
could be used to buy and refurbish homes in Georgetown. He said the Housing Authority has turned down that
grant. He said there was no consultation with the City about that denial of the grant and he does not know whether
there is any technique or process to reclaim the grant. He noted this does have some implications on how we do
City Council Meeting Minutes/Septemer 22, 2009
Page 9 of 10 Pages
business.
Adjournment
The meeting was adjourned at 09:14 PM.
City Council Meeting Minutes/Septemer 22, 2009
Page 10 of 10 Pages
ity Secret J,l
Hamilton