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Regular Meeting 206. July 14, 2003 Page 5 VALLEY STREET, FROM ~M" SINGLE-FAMILY, DUPLEX AMD NEIGHBORHOOD BUSINESS DISTRICT TO ~R-2" SINGLE-FAMILY DWELLING DISTRICT (MEDIUM DENSITY); INCLUDING PROCEDURAL PROVISIONS; AMD PROVIDING FOR PENALTIES. Mayor Habingreither introduced for consideration an Ordinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAM MARCOS, TEXAS, AMENDING SECTIONS 106.010 AND 106.074 OF THE CITY CODE TO REVISE CITY REGULATIONS FOR NONCONFORMING SIGNS AND OFF-PREMISES SIGNS; INCLUDING PROCEDURAL PROVISIONS; AMD PROVIDING FOR PENALTIES. Mr. Mihalkanin moved for adoption of the Ordinance on third and final reading and Mr. Taylor seconded the motion. Mayor Habingreither stated there are citizens who have signed up to speak. 1) Doug Traylor stated he was in the sign business once. He feels Section F needs to be amended to provide room for small companies to be able to compete. 2) Mark Bunsey stated he works for Gunnarson Outdoor. He stated he has read the letter the Council received from Alan Berry. He also feels the information Mr. Berry provided was incorrect. 3) Vince Hazen encouraged the City Council to keep IH35 out of the cap and replace program. 4) Curtis Ford stated he owns a small sign company. He also encouraged the Council to keep IH35 out of the cap and replace program. 5) Ron Mullen stated he was the former Mayor of Austin, Texas and he is here representing Curtis Ford. He asked Council to keep IH35 out of the cap and replace program. He feels this will help prevent a monopoly for small businesses. 6) Chris Stokes stated he represents Lamar Advertising. He encouraged the Council to extend the cap and replace program to include IH35. He also encouraged the Council to strengthen the proposed Ordinance to prohibit signs in neighborhoods and use the square footage for the replacement program. 7) David Wiley stated he was a former Hays School Board Trustee. He informed the Council of the situation which occurred with the Hays Independent School District. He stated if the Council passes a restrictive Ordinance, then there is no incentive for sign companies to work with taxing entities. 8) Gay Gueringer stated she is an attorney for Gunnarson Outdoor. She encouraged the Council to amend the proposed Ordinance to include IH35 in the cap and replace program. 9) John Gannon stated he is a small sign company operator. He encouraged the Council to extend the cap and replace program to include IH35. Mr. Taylor inquired how many spaces are available on IH35. Jon James, Chief Planner of Planning and Development Services, stated there are 19 sites, which meet spacing requirements. Eight sites need rezoning, seven sites are immediately available, and four sites need annexation and rezoning. Ms. Narvaiz asked why the City has nonconforming billboards. Mr. James stated when the City passes new regulations and there are existing signs, buildings and land uses that do not meet those new regulations, they become nonconforming. He stated typically a nonconforming use and structures are allowed to continue but not allowed to expand or replace if destroyed. Ms. Narvaiz stated she feels when the proposed Ordinance refers to Director, it should