Board of Mayor and Aldermen Meeting – April 28, 2025

The Germantown Board of Mayor and Aldermen held a regularly scheduled meeting on Monday, April 28, 2025, at 6:00 PM in Council Chambers. The meeting included a special recognition, a beer board session for a temporary permit and a license revocation hearing, a certificate of compliance, a consent agenda, a third reading of an ordinance to repeal holiday decoration regulations, and an appeal of a Design Review Commission (DRC) decision regarding a second wall sign. The beer board also addressed a violation for selling beer to a minor.

Consent Calendar

• The consent agenda was adopted as modified, with item 10c (Development Contract No. 1255 – Olde Field Green Subdivision Privatization) withdrawn. Items approved included:
  • Agreement – Fleet Software Upgrade and Annual Software as a Service
  • Change Order No. 8 – Wolf River Blvd./Germantown Rd. Intersection Improvements
  • Donation – Germantown Education Foundation – Friend of the Foundation – 3rd Quarter
  • Donations – Parks and Recreation (including a tree donation from Mohammed Khan for the Legacy Tree Program and a $3,000 donation from the Class of 2016 Leadership Germantown to refurbish the Pickering Center fountain)
  • PSA – Supplemental Amendment No. 1 – Wolf River Blvd./Germantown Rd. Intersection Improvements
  • Purchase – Network Annual Maintenance
  • Purchase – Public Administration Software Annual Access
  • Sport Provider Agreement – Germantown Football League

Public Comments & Testimony

• No citizens spoke during the Citizens to be Heard portion.

Special Recognition – Beautification Commission Business Award

• The April 2025 Beautification Commission Business Award was presented to Germantown United Methodist Church (2331 South Germantown Road) for their well-maintained landscaping and commitment to community beauty. The church’s grounds are managed by Agriscapes, Landscape, and Irrigation, featuring roses, evergreens, dogwoods, crepe myrtles, and seasonal plantings.

Beer Board – Temporary Beer Permit

• Public Hearing: The Germantown Festival Inc. received approval for a temporary beer permit for on-premise consumption at the Germantown Festival to be held September 6, 2025 (9:30 AM – 6 PM) and September 7, 2025 (12 PM – 6 PM) at the Germantown Civic Club Complex. Proceeds benefit festival programs. No background checks were required due to the nonprofit status. The permit was approved unanimously.

Certificate of Compliance – Poplar Pike Wine & Liquors

• Dhanlabh Inc. (Poplar Pike Wine & Liquors) received a certificate of compliance to operate a retail package store at 9330 Poplar Pike. Background checks were completed for all owners, including two individuals who had law enforcement contacts for fingerprinting related to immigration and driver’s license applications, but no convictions were found. The certificate was approved unanimously.

Ordinance 2025-5 – Repeal of Holiday/Seasonal/Special Event Decorations (Third and Final Reading)

• The board voted unanimously to repeal Division 2, Section 11-33 of the municipal code, which regulated holiday, seasonal, and special event decorations. The section is reserved for future use.

Discussion Item – Appeal of DRC Design Decision for Second Wall Sign

• Background: Wine Beer Liquor of Germantown LLC, located at Stancil Square Shopping Center, appealed the DRC’s denial of a second wall sign for “Wine Beer” on a separate facade. The tenant already has a “Liquor” sign on the brick facade (27 sq ft, max letter height). The applicant requested a second sign on the stucco facade for “Wine Beer” (total would be 40.8 sq ft, within code allowance). The DRC denied the request under Section 14-34 B1A and B, citing discretion and the fact that the building has one main entrance.
• Arguments: The property owner, Stephen Stansell, argued that the sign ordinance requires administrative approval for a sign that complies with the code and the center’s sign policy (approved 1988). He claimed the planning director erred by not approving the original application as a single sign spanning both facades. He noted the tenant is entitled to 42 sq ft of signage (based on 42 ft frontage) but only received 27 sq ft. The tenant, Noel Ellie, stated the DRC’s reasons were not based on code but on personal opinions (e.g., “confusing”).
• Staff Response: Director Cameron Ross stated that a second sign is discretionary per the DRC. He noted that staff offered alternatives, such as combining “Liquor Wine Beer” into one sign on the brick facade (requiring reduced letter heights) or resubmitting any combined sign on two facades to the DRC for review. The DRC considered the application and denied it.
• Board Discussion: Alderman Hicks (who serves on DRC) noted that the DRC discussed solutions but the applicant was not agreeable to code-compliant options. Other aldermen supported the DRC’s discretion, noting that second signs are not by right. The motion to overturn the DRC decision failed (0-5).

Key Outcomes

• Consent Agenda: Approved as modified.
• Temporary Beer Permit: Approved unanimously for Germantown Festival Inc. (Sept. 6-7, 2025).
• Certificate of Compliance: Approved unanimously for Poplar Pike Wine & Liquors.
• Ordinance 2025-5: Approved unanimously on third reading.
• Appeal of DRC Decision: Motion to approve the second wall sign failed (0-5). The DRC denial stands.
• Beer Board – Suspension/Revocation: Poplar Food Mart #1 (7616 Poplar Avenue) was found guilty of selling beer to a minor (violation occurred Feb. 26, 2025). The board imposed a civil fine of $2,500 (maximum allowed). The store had a prior violation six years ago (gambling, not alcohol). Aldermen warned that future violations could lead to suspension or revocation.